Chapter 2.10
CITY MANAGER
Sections:
2.10.010 Appointment – Qualifications – Term of office.
2.10.020 Compensation – Reimbursement of expenses.
2.10.040 Powers and duties generally.
2.10.050 Designation of employees to perform functions.
2.10.060 Relations between city manager, city council and other city officials.
2.10.070 Temporary city manager.
2.10.080 Signature on public securities and instruments – Facsimile signature.
2.10.090 Exempt from merit system.
2.10.100 Authority of the city manager to sign contracts.
Prior legislation: Ords. 3, 67, 152, 301, 430, 444, 493, 564, 605, 612, 679, 685, 765, 792, 813, 883 and 1025 and Code 1997 §§ 2-7 – 2-9, 2-11 – 2-13 and 2-18.
2.10.010 Appointment – Qualifications – Term of office.
The city manager shall be appointed by the city council wholly on the basis of his or her administrative and executive ability and qualifications and shall hold office for and during the pleasure of the city council. No person elected as a councilmember of the city shall, subsequent to such election, be eligible for appointment as city manager until one year has elapsed after such councilmember shall have ceased to be a member of the city council. (Ord. 1085 § 1 (Exh. A))
2.10.020 Compensation – Reimbursement of expenses.
The city manager shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties or incurred when traveling on business pertaining to the city under direction of the city council. Reimbursement shall only be made pursuant to city policies and procedures. (Ord. 1085 § 1 (Exh. A))
2.10.030 Removal from office.
A. The removal of the city manager shall be only upon a three-member vote of the entire city council in a regular city council meeting, subject to the other provisions of this section. The city manager shall be furnished with a written notice stating the city council’s intention to remove him or her and the reason therefor, at least 30 days prior to the city council meeting at which the removal of the city manager is placed on the agenda.
B. After furnishing the city manager with written notice of intended removal, the city council may suspend him or her from duty, but his or her compensation shall continue until his or her removal by resolution of the city council passed subsequent to such hearing.
C. Notwithstanding the provisions of this chapter, the city manager shall not be removed from office during or within a period of 90 days next succeeding any general municipal election held in the city at which election a member of the city council is elected. The purpose of this provision is to allow any newly elected member of the city council or a reorganized city council to observe the actions and ability of the city manager in the performance of the powers and duties of his or her office. After the expiration of such 90-day period, the provisions of this section as to the removal of the city manager shall apply and be effective.
D. The city manager shall give not less than 30 days’ notice prior to the effective date of his or her resignation; provided, that this 30-day period may be waived by a four-fifths vote of the city council. (Ord. 1085 § 1 (Exh. A))
2.10.040 Powers and duties generally.
The city manager shall be the administrative head of the government of the city under the direction and control of the city council, except as otherwise provided in this chapter. The city manager shall be responsible for the efficient administration of all the affairs of the city which are under his or her control. In addition to these general powers, the city manager shall have the following powers and duties:
A. Law Enforcement. To enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed.
B. Authority over Employees. To control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his or her jurisdiction through their department heads.
C. Power of Appointment, Etc. To appoint, remove, promote and demote all employees of the city, with the exception of the city attorney, city clerk and city treasurer, subject to the personnel rules and regulations of the city and the provisions of this code.
D. Reorganization of Officers, Etc. To recommend to the city council such reorganization of offices, positions, departments or units of the city where the interests of efficient, effective and economical maintenance of the city’s business and duties justify such.
E. Ordinances. To recommend to the city council for adoption such measures and ordinances as he or she deems necessary or expedient.
F. Attendance at City Council Meetings. To attend all meetings of the city council, unless excused therefrom.
G. Financial Reports. To keep the city council at all times fully advised as to the financial conditions and needs of the city.
H. Budget. To prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval.
I. Investigations. To make investigations into the affairs of the city and any department or division thereof, and any contract or the proper performance of any obligations of the city.
J. Public Utilities – Franchises. To investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by public utilities in the city, and to see that all franchises and permits granted by the city are faithfully performed and observed.
K. Public Property. To exercise general supervision over all public buildings, public parks and all other public property which are under the control and jurisdiction of the city council.
L. Hours of Employment. To devote his entire time to the duties of his office in the interests of the city.
M. Additional Duties. To perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance, resolution or direction of the city council.
N. Report for Fiscal Year. At the end of each fiscal year, to prepare and present to the city council the summary statement of receipts and disbursements, by departments and funds, including opening and closing fund balances of the city treasury.
O. Publication of Financial Statement. To cause the financial statement of the city to be published in accordance with the provisions of Sections 4804 and 4805 of the Government Code of the state.
P. Compilation of Financial Information for Budget. To compile all financial information necessary for the preparation of the city’s budget and make such information available to the officer whose responsibility it is to prepare the budget.
Q. Monthly Financial Report. To prepare a monthly statement of all receipts and disbursements in sufficient detail to show the financial condition of the city and each of its departments.
R. Payroll Records. To supervise and be in charge of all payroll records.
S. Collection of Taxes and Assessments, Etc. To see that all taxes, assessments and other fees and revenues of the city or for whose collection the city is responsible, and all other money received by the city from the county, state or federal government or from any court, office, department or agency of the city are collected, and perform such duties that are from time to time assigned to him by the city council. (Ord. 1085 § 1 (Exh. A))
2.10.050 Designation of employees to perform functions.
Wherever in this code a function is specified to be performed by a particular officer other than the city attorney, city clerk, or city treasurer, the city manager may designate any legally qualified city employee to perform such functions. (Ord. 1085 § 1 (Exh. A))
2.10.060 Relations between city manager, city council and other city officials.
The city council and its members shall deal with the administrative services of the city only through the city manager, except for the purpose of inquiry, and neither the city council nor any member thereof shall give orders to any subordinates of the city manager. The city manager shall take his or her orders and instructions from the city council only when sitting in a duly held meeting of the city council and no individual councilmember shall give any orders or instructions to the city manager.
It shall be the duty of all subordinate officers and the city clerk, city treasurer and city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously so far as may be consistent with their duties as prescribed by law and ordinance of the city. (Ord. 1085 § 1 (Exh. A))
2.10.070 Temporary city manager.
The city manager shall appoint, subject to the approval of the city council, one of the other officers or department heads of the city to serve as manager pro tempore during any temporary absence or disability of the city manager. In case of the absence or disability of the city manager and a failure to so appoint a manager pro tempore, the city council may designate a qualified city employee to perform the duties of the city manager during the period of absence or disability of the city manager. (Ord. 1085 § 1 (Exh. A))
2.10.080 Signature on public securities and instruments – Facsimile signature.
A. Any two of the following persons shall sign all public securities and instruments of payment:
1. City manager;
2. City treasurer;
3. City clerk;
4. Director of administrative services. (Ord. 1085 § 1 (Exh. A))
2.10.090 Exempt from merit system.
The city manager and all professional employees of his or her office shall be exempt from the merit system. All employees of the office of the city manager shall be appointed by the city manager and shall serve at the pleasure of the city manager. (Ord. 1085 § 1 (Exh. A))
2.10.100 Authority of the city manager to sign contracts.
The city manager may enter into contracts with monetary limits set forth by separate resolution of the city council. (Ord. 1085 § 1 (Exh. A))