CHAPTER 1.28
CITY MANAGER
SECTION:
1.28.010 Office Created; Appointment
1.28.070 Council Manager Relations
1.28.080 Cooperation Of Subordinate Officers
1.28.090 Attendance At Commission Meetings
1.28.110 Limitation On Removal Of Officers
1.28.120 References To Chief Administrative Officer
1.28.010 OFFICE CREATED; APPOINTMENT:
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. (1972 Code § 2.08.010)
1.28.020 ELIGIBILITY:
No person elected as a city council member shall, subsequent to such election, be eligible for appointment as city manager until one year has elapsed after such council member shall have ceased to be a member of the city council. (1972 Code § 2.08.020)
1.28.030 BOND REQUIRED:
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 and shall be 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. (1972 Code § 2.08.030)
1.28.040 TEMPORARY 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 his failure to so appoint a manager pro tempore, the city council may designate some qualified city employee to perform the duties of the 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. (1972 Code § 2.08.040)
1.28.050 COMPENSATION:
A. Fixed By Resolution: The city manager shall receive such compensation and expense allowances 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 shall designate.
B. Travel Expenses; Itemized Claim: The city manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the city under direction of the city council. Reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for such business for which reimbursement is requested, has been presented to the city council for approval. (1972 Code § 2.08.050)
1.28.060 POWERS AND DUTIES1:
A. Generally:
1. Administrative Head Of City Government: The city manager shall be the administrative head of the government of the city under the general direction and control of the city council.
2. Responsible For Efficient Administration: He/she shall be responsible for the efficient administration of all the affairs of the city which are under his/her control.
3. Powers And Duties Generally: In addition to his/her general powers as administrative head and not as a limitation thereof, the city manager shall have the powers and perform the duties of the offices of city water superintendent and water collector, license collector, superintendent of streets, administrative director of civil defense and disaster, redevelopment agency director and planning director.
4. Powers Delegated: 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/her by ordinance, resolution, this code, or other action of the city council. (Ord. 2010-61, 2-16-2010)
B. Specific Duties:
1. Law Enforcement: It shall be the duty of the city manager to enforce all city laws and ordinances and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed. (1972 Code § 2.08.070)
2. 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 subordinate officers and employees of the city under his jurisdiction through their department heads. (1972 Code § 2.08.080)
3. Personnel Officer: The city manager shall be the personnel officer of the city and shall, pursuant to California Government Code section 34856, have the power and authority to appoint, dismiss, promote, and demote any and all officers and employees of the city, except the city attorney, elective officers, and members of appointed boards and commissions. The city manager shall represent the city pursuant to California Government Code section 3500 et seq. (1972 Code § 2.08.090)
4. 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. (1972 Code § 2.08.100)
5. 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. (1972 Code § 2.08.110)
6. Attendance At Council Meetings: It shall be the duty of the city manager to attend all meetings of the city council unless excused therefrom, except when his removal is under consideration. (1972 Code § 2.08.120)
7. 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. (1972 Code § 2.08.130)
8. Budget: It shall be the duty of the city manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval. (1972 Code § 2.08.140)
9. Purchasing Agent: It shall be the duty of the city manager and he shall be responsible for the purchase of all 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 and approval of the city manager. (1972 Code § 2.08.150)
10. Investigation: 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. (1972 Code § 2.08.160)
11. Public Utilities; Franchises: It shall be the duty of the city manager 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/or permits granted by the city are faithfully performed and observed. (1972 Code § 2.08.170)
12. Public Buildings: 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 are under the control and jurisdiction of the city council. (1972 Code § 2.08.180)
13. Hours Of Employment: It shall be the duty of the city manager to devote appropriate time to the duties of his office in the interest of the city. (1972 Code § 2.08.190; amd. 2003 Code)
14. Signing Documents: Pursuant to Government Code section 40602, in addition to the powers of execution granted to the city’s mayor, the council hereby delegates authority to the city manager to sign all written contracts and conveyances awarded or otherwise approved by the city, and all instruments requiring the city seal. This authority shall also inure to contracts at or below the monetary threshold established from time to time by the city council for which the city manager is authorized to award without council approval. (Ord. 2016-93, 4-4-2016)
1.28.070 COUNCIL MANAGER RELATIONS:
A. Council Powers Limited: The city council and its members shall deal with the administrative services of the city only through the city manager for the purpose of inquiry, and neither the city council nor any member thereof shall give orders to any subordinates of the city manager.
B. Instructions To Manager At Meeting: 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 council member shall give any orders or instructions to the city manager. (1972 Code § 2.08.200)
1.28.080 COOPERATION OF SUBORDINATE OFFICERS:
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 city law and ordinances. (1972 Code § 2.08.210)
1.28.090 ATTENDANCE AT COMMISSION MEETINGS:
The city manager may attend any and all meetings of the planning commission, recreation or park commission and any other commissions, board or committees hereafter created by the city council, upon his own volition or upon direction of the city council. At such meeting which the city manager attends, he shall be heard by such commissions, 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. (1972 Code § 2.08.220)
1.28.100 REMOVAL OF MANAGER:
A. Council Action; Notice:
1. The removal of the city manager shall be only upon a three (3) member vote of the whole council in the city in regular council meeting; subject however, to the provisions of this section.
2. In case of his intended removal by the city council, the city manager shall be furnished with a written notice stating the council’s intention to remove him and the reason therefor, at least thirty (30) days before the effective date of his removal. (1972 Code § 2.08.230)
B. Hearing:
1. Within seven (7) days after the delivery to the city manager of such notice, he may, by written notification to the city clerk, request a hearing before the city council.
2. Thereafter, the city council shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the thirty (30) day period, at which the city manager shall appear and be heard, with or without counsel. (1972 Code § 2.08.240)
C. Suspension Pending Hearing: After furnishing the city manager with written notice of intended removal, the city council may suspend him from duty, but his compensation shall continue until his removal by resolution of the council passed subsequent to the aforesaid hearing. (1972 Code § 2.08.250)
D. Discretion Of Council: In removing the city manager, the city council shall use its uncontrolled discretion, and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the city manager to present to the city council his grounds of opposition to his removal prior to its action. (1972 Code § 2.08.260)
1.28.110 LIMITATION ON REMOVAL OF OFFICERS:
Notwithstanding the provisions of this chapter hereinbefore enumerated, the city manager or city attorney shall not be removed from office during or within a period of one hundred eighty (180) 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 or city attorney in the performance of the powers and duties of their offices. After the expiration of the one hundred eighty (180) day period aforementioned, the provisions of the preceding section as to the removal of the city manager or city attorney shall apply and be effective. (1972 Code § 2.08.270)
1.28.120 REFERENCES TO CHIEF ADMINISTRATIVE OFFICER:
Whenever in this code or in any ordinance or resolution, reference is made to the "chief administrative officer", such section or provision shall be applicable to the city manager who shall henceforth be the "chief administrative officer". (1972 Code § 2.08.280)
See also section 1.32.020 of this title.