Chapter 2.10
CITY MANAGER

Sections:

2.10.010    Office created.

2.10.020    Qualifications – Term of office.

2.10.030    Repealed.

2.10.040    Eligibility of councilmembers for office of city manager.

2.10.050    Bond.

2.10.060    Acting city manager.

2.10.070    Compensation.

2.10.080    Duties and powers.

2.10.090    Council to deal through city manager.

2.10.100    Subordinate officers shall cooperate with city manager.

2.10.110    Removal.

2.10.010 Office created.

The office of city manager is hereby created and established. (Ord. 16 § 1. 1990 Code § 2-2100.)

2.10.020 Qualifications – Term of office.

The city manager shall be appointed by the city council solely on the basis of his/her executive and administrative qualifications and ability. He/she shall hold office at and during the pleasure of the city council. (Ord. 16 §§ 1, 8; amended during 2012 reformat. 1990 Code § 2-2101.)

2.10.030 Residence in city not required.

Repealed by Ord. 1-2013. (Ord. 16 § 2. 1990 Code § 2-2102.)

2.10.040 Eligibility of councilmembers for office of city manager.

No person elected to membership on the city council shall subsequent to such election be eligible for appointment as city manager until two years have elapsed after he/she has ceased to be a member of the council. (Ord. 16 § 2; amended during 2012 reformat. 1990 Code § 2-2103.)

2.10.050 Bond.

The city manager and acting city manager shall furnish a corporate surety bond to be approved by the city council in such sum as may be determined by the said city council, and shall be conditioned upon the faithful performance of the duties imposed upon the city manager and acting city manager as herein prescribed. Any premium for such bond shall be a proper charge against the city of Fremont. (Ord. 16 § 3; Ord. 745 § 1. 1990 Code § 2-2104.)

2.10.060 Acting city manager.

The assistant city manager shall serve as manager pro tempore during any temporary absence or disability of the city manager. In the event there is no assistant city manager, the city manager, by filing a written notice with the city clerk, shall designate a qualified city employee to exercise the powers and perform the duties of city manager during his/her temporary absence or disability. In the event the city manager’s absence or disability extends over a two-month period, the city council may, after the two-month period, appoint an acting city manager. (Ord. 16 § 4; Ord. 745 § 1; amended during 2012 reformat. 1990 Code § 2-2105.)

2.10.070 Compensation.

(a)    The city manager shall receive such compensation as the city council shall from time to time determine.

In addition, the city manager shall be reimbursed for all actual and necessary expenses incurred in the performance of official duties.

On termination of employment of the city manager by reason of involuntary removal from service other than willful misconduct in office, the city manager shall receive cash severance compensation in a lump sum equal to two months’ compensation for every year of continuous service or fraction thereof as city manager, up to a total of six months’ compensation, such compensation to be computed at the highest salary received by the city manager during service with the city, and the cash value of all leave and other benefits received by the city manager at the time of involuntary removal. Involuntary removal from service shall include reduction in compensation not applicable to all employees of the city.

(b)    The city council and city manager may negotiate and execute a formal employment agreement providing for the compensation of the city manager and for other terms and conditions of employment, including but not limited to leave and other benefits, and severance compensation which exceeds the compensation provided in subsection (a) of this section. (Ord. 16 § 5; Ord. 745 § 1; Ord. 2087 § 1, 10-4-94. 1990 Code § 2-2106.)

2.10.080 Duties and powers.

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. He/she shall be responsible for the efficient administration of all the affairs of the city which are under his/her control. In addition to his/her general powers as administrative head, and not as a limitation thereon, it shall be his/her duty and he/she shall have the powers set forth in the following subsections:

(a)    Enforcement of Laws. To see that all laws and ordinances of the city are duly enforced and that all franchises, permits and privileges granted by the city are faithfully observed.

(b)    Control, Etc., of Officers and Employees. To control, order and give directions to all heads of departments, and to subordinate officers and employees of the city through their department head; transfer employees from one department to another; and consolidate or combine offices, positions, departments, or units under his/her direction.

(c)    Appointment, Removal, Etc., of Certain Officers. To appoint, remove and demote any and all appointive officers and employees of the city except the city attorney.

(d)    Representation of City. To represent the city in its negotiations and working relationships with the state, the county, and other governmental jurisdictions; provided, that any contracts negotiated for the exchange of services from any such other governmental jurisdiction shall be subject to approval by the city council.

(e)    Attendance at Council Meetings. To attend all meetings of the city council unless excused therefrom by the council.

(f)    Recommend Ordinances. To recommend to the city council for adoption such measures or ordinances as he/she deems necessary or expedient.

(g)    Advise as to Finances. To keep the city council at all times fully advised as to the financial conditions and needs of the city.

(h)    Preparation of Budget. To prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval.

(i)    Purchase of Supplies. To purchase all the supplies for all of the departments or divisions of the city. No expenditures shall be submitted or recommended to the city council except on report or approval of the city manager.

(j)    Investigations of City Affairs. To make investigations into the affairs of the city or any department or division thereof and any contract for the proper performance of any obligations running to the city.

(k)    Investigation of Complaints. 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, permits, and privileges granted by the city are faithfully performed and observed.

(l)    Supervision of 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.

(m)    Devotion of Entire Time to Duties. To devote full time to the duties of his/her office and the interest of the city.

(n)    Performance of Delegated Duties. To perform such other duties and exercise such other powers as may be delegated to him/her from time to time by ordinance or resolution or other action of the city council.

(o)    Attendance at Commission and Board Meetings. To attend any and all meetings of any commissions or boards heretofore or hereafter created by the city council upon his/her own volition or upon direction of the city council. At any such meetings which he/she attends, the city manager shall be heard by such commissions and boards as to all matters upon which he/she wishes to address them.

(p)    Delegation of Council Authority. To approve, on behalf of the city, administrative matters otherwise within the authority of the city council which the city council has by resolution authorized to be approved by the city manager or the city manager’s designee during a scheduled recess of the city council. (Ord. 16 § 6; Ord. 745 § 2; Ord. 1927 § 1, 5-22-90; amended during 2012 reformat. 1990 Code § 2-2107.)

2.10.090 Council to deal through city manager.

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 subordinates of the city manager. (Ord. 16 § 7. 1990 Code § 2-2108.)

2.10.100 Subordinate officers shall cooperate with city manager.

It shall be the duty of all subordinate officers, and the city attorney, to cooperate with and assist the city manager in administering the affairs of the city most efficiently, economically and harmoniously, so far as may be consistent with their duties as prescribed by the law and ordinances of the city. (Ord. 16 § 7b. 1990 Code § 2-2109.)

2.10.110 Removal.

Removal of the city manager shall be only by a vote of at least three members of the city council at a regular meeting of the council; provided, that the vote of four members of the council shall be required to remove a city manager within 60 days after his/her appointment or within the 60 days after any election at which one or more members are elected to the city council. (Ord. 16 § 8; amended during 2012 reformat. 1990 Code § 2-2111.)