Chapter 2.08
CITY MANAGER*
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Sections:
2.08.010 Office created.
2.08.020 Residence.
2.08.030 Bond.
2.08.040 Temporary manager.
2.08.050 Compensation.
2.08.060 Removal of city manager.
2.08.070 Limitations on removal.
2.08.080 Powers and duties generally.
2.08.090 Law enforcement.
2.08.100 Authority over employees.
2.08.110 Power of appointment.
2.08.120 Reorganization of offices.
2.08.130 Ordinances.
2.08.140 Attendance at council meetings.
2.08.150 Financial reports.
2.08.160 Budget.
2.08.170 Purchasing agent.
2.08.180 Investigations.
2.08.190 Public buildings and equipment.
2.08.200 Hours of employment.
2.08.210 Additional duties.
2.08.220 Council-manager relations.
2.08.230 Departmental cooperation.
2.08.240 Attendance at commission meetings.
2.08.250 Authority to sign contracts and conveyances.
2.08.260 City manager designated as director of finance.
2.08.270 Duties of director of finance.
2.08.280 Revocation of ordinances.
*Code reviser’s note: Wherever in this code the term “city administrator” is used, it shall be held to mean the “city manager.”
2.08.010 Office created.
The office of city manager is created and established. The city manager shall be appointed by the city council wholly on the basis of his administrative and executive ability and qualifications, and shall hold office for and during the pleasure of the city council. (Ord. 377 § 1, 1967).
2.08.020 Residence.
Residence within the Sonoma Valley Unified School District at the time of appointment shall not be required as a condition of appointment, but within 180 days thereafter the city manager shall become a resident of the district, or the city council shall declare the office of city manager vacant.
No person elected or appointed to membership on the city council shall, subsequent to such election or appointment, be eligible for appointment as city manager until one year has elapsed after he has ceased to be a member of the city council. (Ord. 97-9 § 1, 1997; Ord. 377 § 2, 1967).
2.08.030 Bond.
The city manager shall furnish a corporate surety bond, to be approved by the city council in such sum as may be determined by the city council, conditioned upon the faithful performance of the duties imposed upon the city manager as herein prescribed. Any premium for such bond shall be a proper charge against the city. (Ord. 377 § 3, 1967).
2.08.040 Temporary manager.
The city manager shall appoint, subject to 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 his failure to so appoint a manager pro tempore, the city council may designate some qualified city employee to perform the duties of city manager during the period of absence or disability of the city manager, subject, however, to the person furnishing a corporate surety bond conditioned upon faithful performance of the duties required to be performed as set forth in SMC 2.08.030. (Ord. 377 § 4, 1967).
2.08.050 Compensation.
A. The city manager shall receive such compensation and expense allowance as the city council shall, from time to time, determine and fix by resolution, and the compensation and expenses shall be a proper charge against such funds of the city as the city council designates.
B. Pursuant to Government Code Section 37683, the city manager shall receive $1.00 annually for each cemetery plot cared for within the city of Sonoma, to be paid only from the income of the cemetery fund. All such cemetery compensation actually paid shall be deducted from the amount otherwise provided for in annual compensation of the city manager. In the event that the income of
the fund is insufficient, the city manager shall only receive from the fund the amount earned or $1.00 per cemetery plot cared for, whichever is less.
C. 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 in traveling on business pertaining to the city under direction of the city council; reimbursement shall only be made, however, upon a verified itemized claim, setting forth the sums expended, and approved by the city council. (Ord. 92-17 § 1, 1992; Ord. 377 § 5, 1967).
2.08.060 Removal of city manager.
The city council shall appoint the city manager for an indefinite term and may remove him by a four-fifths vote of the whole city council. In the case of his intended removal, the city manager shall be furnished with written notice of such intention to be removed, at least 30 days before the date of such intended removal. Within seven days after receipt of such notice, the city manager may, by written notice, request a public hearing before the council, and thereafter the council shall fix a time for the public hearing at its usual meeting place, but before the expiration of the 30-day period, at which time the manager may appear and be heard.
In removing the city manager, the city council shall use its discretion, and its action shall be final and shall not depend on any showing or degree of proof at the hearing, the purpose of which is for the city manager to publicly present to the city council his grounds for opposition to removal prior to its action. (Ord. 377 § 6, 1967).
2.08.070 Limitations on removal.
Notwithstanding other sections of this chapter, the city manager shall not be removed from office during a period of 60 days next preceding any general municipal election held in the city at which election a member of the city council is elected, nor shall the city manager be removed from office during or within a period of 90 days next succeeding any general election held in the city at which election a member of the city council is elected. The purpose of this provision is to allow newly elected members of the city council to observe the actions and abilities of the city manager in the performance of the powers and duties of his office. After the expiration of this 150-day period, the provisions of SMC 2.08.060 as to the removal of the city manager shall apply and be effective. (Ord. 377 § 7, 1967).
2.08.080 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 or state law. He or she shall be responsible for the efficient administration of all the affairs of the city which are under his or her control. In addition to his or her general powers as administrative head of the city and not as a limitation thereon, it shall be his or her duty, and he or she shall have the powers set forth in SMC 2.08.090 through 2.08.210. In addition, the city manager is appointed, pursuant to Government Code Section 37683, as cemetery fund administrator. (Ord. 92-17 § 2, 1992; Ord. 377 § 8, 1967).
2.08.090 Law enforcement.
It shall be the duty of the city manager to see that all laws and ordinances of the city are duly enforced, and that all franchises, contracts, permits and privileges granted by the city are faithfully observed. (Ord. 377 § 8(a), 1967).
2.08.100 Authority over employees.
It shall be the duty of the city manager, and he shall have the authority to control, order and give directions to all heads of departments and to subordinates, officers and employees of the city under his jurisdiction through their department heads. (Ord. 377 § 8(b), 1967).
2.08.110 Power of appointment.
It shall be the duty of the city manager to, and the city manager shall, appoint, remove, promote and demote any and all officers and employees of the city, except the city attorney, subject to personnel rules and regulations as adopted by the city council. (Ord. 05-2008 § 1, 2008; Ord. 377 § 8(c), 1967).
2.08.120 Reorganization of offices.
It shall be the duty and responsibility of the city manager to recommend to the city council such reorganization of offices, positions, departments or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the city’s business. (Ord. 377 § 8(d), 1967).
2.08.130 Ordinances.
It shall be the duty of the city manager, and he shall recommend to the city council for adoption, such measures and ordinances as he deems necessary or expedient. (Ord. 377 § 8(e), 1967).
2.08.140 Attendance at council meetings.
It shall be the duty of the city manager to attend all meetings of the city council unless excused therefrom, upon his own request, by the mayor or the council, or unless excused therefrom when his own removal is under consideration. (Ord. 377 § 8(f), 1967).
2.08.150 Financial reports.
It shall be the duty of the city manager to keep the city council at all times fully advised as to the financial conditions and needs of the city. (Ord. 377 § 8(g), 1967).
2.08.160 Budget.
It shall be the duty of the city manager to cause to be prepared and submitted to him by each department, division or service of the city government itemized annual estimates of expenditures required by any of them for capital outlay, salaries, wages and miscellaneous operating costs; to tabulate the same into a preliminary consolidated municipal budget, and submit the same to the city council before May 30th of each year, with his recommendation as to such changes which he deems advisable. (Ord. 97-9 § 2, 1997; Ord. 377 § 8(h), 1967).
2.08.170 Purchasing agent.
It shall be the duty of the city manager, and he shall be responsible for, the purchase of all supplies for all departments or divisions of the city. No expenditures shall be submitted or recommended to the city council except on report and approval of the city manager. (Ord. 377 § 8(i), 1967).
2.08.180 Investigations.
It shall be the duty of the city manager 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. He shall investigate all complaints in relation to matters concerning the administration of the city government, and in regard to services maintained by public utilities in the city. (Ord. 377 § 8(j), 1967).
2.08.190 Public buildings and equipment.
It shall be the duty of the city manager, and he shall exercise general supervision over, all public buildings, public parks and all other public property which is under the control and jurisdiction of the city council.
It shall be the duty of the city manager, and he shall, compile and keep up to date a complete inventory of all property, real and personal, owned by the city, and to recommend to the city council the purchase of new machinery, equipment and supplies, whenever in his judgment the same can be obtained at the best advantage, taking into consideration trade-in value of machinery and equipment in use. (Ord. 377 § 8(k), 1967).
2.08.200 Hours of employment.
It shall be the duty of the city manager to devote his entire working time to the duties of his office in the interests of the city. (Ord. 377 § 8(1), 1967).
2.08.210 Additional duties.
It shall be the duty of the city manager to perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other action of the city council. (Ord. 377 § 8(m), 1967).
2.08.220 Council-manager relations.
The city council and its members shall deal with the administrative services of the city only through the city manager, except for purposes 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 orders and instructions from the city council only when sitting in a duly held meeting of the city council, and no individual councilman shall give any orders or instructions to the city manager. No individual councilman shall in any manner attempt to influence the city manager in the making of any appointment or in the purchase of supplies. (Ord. 377 § 9, 1967).
2.08.230 Departmental cooperation.
It shall be the duty of all subordinate officers, and the city attorney, to assist the city manager in administering the affairs of the city efficiently, economically, and harmoniously, so far as to be consistent with their duties as prescribed by law and ordinances of the city. (Ord. 05-2008 § 1, 2008; Ord. 377 § 10, 1967).
2.08.240 Attendance at commission meetings.
The city manager may attend any and all meetings of the planning commission, public utilities commission, and any other commission, boards or committees, hereafter created by the city council, upon his own volition or upon direction of the city council. At such meetings which the city manager attends, he shall be heard by such commission, boards or committees, as to all matters upon which he wishes to address the members thereof, and he shall inform the members as to the status of any matter being considered by the city council, and he shall cooperate to the fullest extent with the members of all commissions, boards or committees, appointed by the city council. (Ord. 377 § 11, 1967).
2.08.250 Authority to sign contracts and conveyances.
Pursuant to Government Code Section 40602, the city manager has the same authority as the mayor of the city to sign written contracts and conveyances made or entered into by the city when expressly authorized by appropriate resolution or motion of the city council in particular cases, and either may sign if so authorized. (Ord. 93-18 § 1, 1993).
2.08.260 City manager designated as director of finance.
The city manager or his/her designee is hereby designated as the director of finance of the city of Sonoma and shall assume all financial and accounting duties and responsibilities identified by the applicable portions of staff law and local ordinance. (Ord. 96-1 § 1, 1996).
2.08.270 Duties of director of finance.
The director of finance shall assume all duties and responsibilities concerning certification and approval of payrolls previously performed by the city clerk before the creation of the office of director of finance as referred to and provided for in California Government Code Section 37207, et seq., including the signing of city warrants. (Ord. 96-1 § 2, 1996).
2.08.280 Revocation of ordinances.
Any motion, resolution or ordinance to the contrary of SMC 2.08.260 is hereby revoked. (Ord. 96-1 § 3, 1996).