Chapter 2.08


2.08.010    Council-manager form of government.

2.08.020    Appointment of city manager.

2.08.030    Removal of city manager.

2.08.035    Restriction on removal of city manager.

2.08.040    Powers and duties of the city manager.

2.08.050    Restrictions on city manager.

2.08.060    Right of appeal from city manager.

*    Prior ordinance history—Ords. 266 and 487.

2.08.010 Council-manager form of government.

The council-manager form of government is adopted for the city. The city manager shall be the chief executive and administrative officer of the city, subject to policies established and budgets adopted by the city council. (Ord. 684 § 3 (part), 1990)

2.08.020 Appointment of city manager.

Pursuant to the requirement of Section 3.01 of the City Charter, the city council shall appoint a city manager for an indefinite term. The salary of the city manager at all times shall be at a level commensurate with the responsibilities of the position.

A.    At the time of appointment, the city manager need not be a resident of the city or state but shall be selected solely for his/her executive and administrative qualifications and abilities, and experience.

B.    The city manager shall serve under the terms of an employment agreement, which agreement shall establish his/her salary and when and at what intervals salary reviews shall be made, provide for benefits, termination compensation, terms and conditions of employment, goals and objectives, periodic and regular performance evaluations, obligations and subjects appropriate to his/her employment.

C.    The city manager shall in writing by letter filed with the city clerk designate an acting city manager on those occasions that the city manager will be absent from the city for longer than 48 hours.

D.    In the event of the disability of the city manager, or at his/her request, the city council may appoint an acting city manager.

E.    The city manager shall be bondable by a surety company to be approved by the city council in such sum as may be required by the city council within coverage of the city’s blanket surety bond policy. (Ord. 684 § 3 (part), 1990)

2.08.030 Removal of city manager.

The city manager shall serve at the pleasure of the city council.

A.    Should the city council express its intent to remove the city manager, he/she shall be provided a written notice stating the intention of the city council to remove him/her. Within 7 days of delivery to the city manager of the written notice of intent to remove, the city manager may, by written notification to the city clerk, request a public hearing before the city council. In such event, the notice of intent to remove shall be published in the official newspaper at least 10 days prior to the public hearing.

B.    The city council shall fix a time for the public hearing, which shall be held at its usual meeting place, after the publication of the notice, and after 10 days has elapsed after such publication, but not later than 30 days after the date of such publication.

C.    The city manager shall appear at and be heard at the public hearing. After the public hearing, the city council may remove the city manager by resolution of the city council, or may suspend him/her from duty, also by resolution. In either event, his/her salary and benefits shall continue until terminated, pursuant to the terms of his/her employment agreement or by resolution of the city council, which resolution must be consistent with the terms of the employment agreement of the city manager.

D.    The city council shall have the absolute right and authority to remove the city manager. In removal of the city manager, the city council shall use its uncontrolled discretion, and its action shall be final, and shall not depend on any particular showing or degree of proof at the public hearing, the sole purpose of which is to allow the city manager publicly to present to the city council his/her grounds for opposition to removal prior to the city council considering final action on a removal resolution.

E.    The city manager may choose to resign, pursuant to terms of his/her employment agreement, rather than request the public hearing provided for in this chapter, and invoke provisions of the employment agreement. (Ord. 684 § 3 (part), 1990)

2.08.035 Restriction on removal of city manager.

During a period of 90 days immediately following the date of installation of any person newly elected to the city council at a regular or special city election, or of any person newly appointed to the city council, the council shall take no action, whether immediate or prospective, to remove, suspend, request the resignation of, or to reduce the duties, salary or benefits of the city manager.

A.    Neither the mayor nor any councilmember shall interfere with the execution of the powers and duties of the city manager.

B.    Except for purposes of inquiry, the mayor and councilmembers shall deal with the administrative service solely through the city manager and neither the mayor nor any councilmember shall give orders to any subordinate of the city manager, either publicly or privately.

C.    Any prohibited action or practice set out in this section may be deemed removal should the city manager notify the city council of his/her decision to construe such action as removal hereunder, and such notice may, in the discretion of the city manager, invoke the removal or termination benefits of the city manager’s employment agreement. (Ord. 684 § 3 (part), 1990)

2.08.040 Powers and duties of the city manager.

The city manager shall be responsible to the city council for the proper administration of all affairs of the city and shall have the following powers and duties to enable him/her to do such:

A.    Appoint and remove all assistants to the city manager and all department heads;

B.    Appoint, remove and discipline all employees of the city; provided, however, that the city manager may delegate this authority to the several department heads, through a personnel ordinance, but shall retain the authority to approve, modify or disapprove all recommendations from department heads for such appointment, removal and disciplinary actions to be taken against employees by department heads or other city employees to whom such authority has been delegated;

C.    Direct and supervise the administration of all departments, offices and agencies of the city in all respects and without exception, subject only to the restrictions of the City Charter and may, if necessary, temporarily act as the head of any city department for a period not to exceed one year;

D.    Prepare the annual budget or, if on a two-year budget cycle, prepare that document and submit and administer the city budget and capital improvement plan as set out in the City Charter and in this code;

E.    Keep the city council fully informed and advised of the financial, administrative, physical and operational condition of the city and of its future needs in each area, and make such recommendations and present such plans and programs concerning the affairs of the city as he/he shall deem to be necessary or desirable;

F.    Provide for the enforcement and faithful execution of all laws, ordinances, rules, regulations, acts of the city council, the City Charter and such other actions as the city council shall direct, delegating such enforcement and execution actions as are appropriate and necessary through the organizational pattern as established from time-to-time by the city council by ordinance;

G.    Administer all contracts of which the city is a party, including contingency appropriations for construction contracts, and assure that the city’s interests are safeguarded, terms are enforced and all elements of any contract are faithfully administered, delegating such oversight and authority to the several departments and offices as he/she shall deem appropriate;

H.    Submit to the city council and make available to the public a comprehensive annual financial and administrative report on the finances and activities of all city departments and agencies, which report shall be filed with the city council within six months of the end of each fiscal year;

I.    Make such other special reports to the city council as he/she shall deem necessary and appropriate, or as the city council shall direct, including reports concerning the operations of the city departments, offices and agencies;

J.    Attend all city council meetings unless excused therefrom by the mayor, and have the right to take part in the discussions of the city council but have no vote concerning any matter before the city council;

K.    Receive notice of all meetings of the city council, and of all city boards, committees and commissions, and participate in the deliberations of any city board, committee and commission as he/she may choose, but shall have no vote in any matter before any such board, committee or commission;

L.    Provide for the transfer of employees between departments and organizational components of the city; provided, any organizational structure or budgetary program revision caused by such transfer has been approved by the city council pursuant to this code prior to the making of such transfer;

M.    Investigate any matter involving the city or its affairs, and any department, office or agency or organizational component of the city, and any contract, to assure the proper, faithful and legal performance of any obligation running to the city;

N.    Investigate all complaints in relation to matters concerning the administration of the city and in regard to the service maintained by public utilities in the city;

O.    Enforce the terms of all franchises, permits and privileges held by any party relative to the city to assure that the terms and conditions of such franchises, permits and privileges are faithfully observed;

P.    Exercise general supervision of all public buildings, parks, real and personal property, assets, utilities, streets and other public properties which are under the ownership, control or jurisdiction of the city;

Q.    Coordinate all activities of the various departments, offices and agencies of the city, and of its boards, committees and commissions so as to improve the efficiency, economy, effectiveness, harmonious relationships and public service capabilities of the city government and all its components;

R.    Carry out and enforce all policies of the city council and all rules, regulations and ordinances adopted by it relating to the administration of the affairs and activities of such departments, divisions, offices, agencies, services, boards, committees and commissions;

S.    Serve as public relations and information officer of the city government, and follow through and endeavor to adjust all just complaints filed against and service requests filed with any employee, department, division, office, organizational component or agency of the city;

T.    Cooperate with all community organizations whose purpose is to serve the welfare and best interests of the city and of its people, business and organizations, and to provide such persons, businesses and organizations, within lawful limits, assistance through the city government;

U.    Prepare the city council agenda is such a manner so as to ensure that all matters concerning the attention of the city council are included thereon in a timely manner;

V.    Perform such other duties consistent with the City Charter as may be required by the city council from time-to-time by ordinance, resolution or motion. (Ord. 950 § 2 (part), 2001; Ord. 684 § 3 (part), 1990)

2.08.050 Restrictions on city manager.

The actions of the city manager shall be restricted in the following ways:

A.    He/she shall engage in no incompatible business, occupation or activities;

B.    He/she may not attend any closed session of the city council when dismissal of or other disciplinary actions involving the city manager are discussed;

C.    He/she shall devote his/her full time to the duties and interests of the city; provided, however, that limited activities not incompatible with the position of city manager may be permitted by the city manager employment agreement when enumerated therein;

D.    He/she shall not act on any subject when ordered to do so by less than a majority of the city council, unless, in the opinion of the city manager, such action would not involve the establishment of a precedent, be incompatible with existing city policies and procedures, or result in the disadvantage of the city, of any individual councilmember or of the city council as a body;

E.    He/she shall abide by the Code of Ethics of the International City Management Association, and deviation therefrom shall be grounds for dismissal or disciplinary action against the city manager by the city council;

F.    He/she shall comply with all provisions of the laws of the state regarding conflicts of interest, declaration of economic interests, and other matters involving potentially incompatible activities as set out by state law, the City Charter, the municipal code, and applicable city ordinances, resolutions, rules and regulations. (Ord. 684 § 3 (part), 1990)

2.08.060 Right of appeal from city manager.

Except as otherwise provided by ordinance or resolution of the city council, any person aggrieved by any ruling, determination or order made by any department head, assistant city manager, or by the city manager, in connection with a matter or subject under or pursuant to the authority granted such city official under any provision of the Folsom Municipal Code, adopted policies and procedures other than those provided in department or personnel policies and rules or by state law, shall have the right of appeal to the city manager if from an employee subordinate thereto, or to the city council if such appeal is from any action or the inaction of the city manager. The provisions of this section shall not apply to grievances or personnel related matters which shall be governed by personnel rules and policies or applicable memoranda of understanding with bargaining units. Any such appeal must be taken or filed within thirty days of the ruling, determination or order complained of. An appeal shall be filed with the city clerk in writing and identify the facts and ruling, determination or order upon which the appeal is based.

A.    If such aggrieved party is still dissatisfied after appeal to the city manager then, in that event, the aggrieved party shall have the further right of appeal to the city council. Any such appeal to the city council must be filed with the city clerk within thirty days of the decision of the city manager. An appeal to the city council shall be in writing and identify the facts and ruling, determination or order upon which the appeal is based.

B.    Any such appeal from the city manager to the city council shall be filed in writing with the city clerk, who shall place the same on the city council agenda for hearing within thirty days of filing of the appeal. The city council may, in its discretion, hear the appeal itself or refer the appeal to an outside and independent hearing officer for adjudication.

C.    The determination and decision of the city council or hearing officer in any such appeal from the city manager as set out in this section shall be final in any and all such matters, subject only to duly filed civil action filed with a court of competent jurisdiction. Any such civil action shall be subject to Code of Civil Procedure Section 1094.6. The city’s decision on the appeal shall be in writing and shall provide notice to the parties to the appeal that the time within which judicial review may be sought is governed by Code of Civil Procedure Section 1094.6.

D.    This administrative appeal section is of general application and shall apply where no other more specific ordinance, resolution or state law applies to a specific circumstance or activity. Where a more specific ordinance, resolution or state law applies to a specific circumstance or activity, the more specific procedure shall apply. (Ord. 1076 § 2, 2007: Ord. 684 § 3 (part), 1990)