Chapter 2.10
CITY MANAGER
Sections:
2.10.010 The city council/manager plan.
2.10.020 Creation of position.
2.10.030 Appointment of city manager.
2.10.050 Compensation and expenses.
2.10.070 Council members’ eligibility.
2.10.080 Evaluation of the city manager’s performance.
2.10.110 Powers and duties of city manager.
2.10.120 Council-manager relations.
2.10.130 Removal of the city manager.
2.10.010 The city council/manager plan.
A. The city adopts the city council/manager plan form of local government to combine the leadership policy of elected officials in the form of a council with the managerial and administrative abilities in the form of a qualified professional city manager. The plan establishes a representative government system in which the council determines the policies and services for the community, and the city manager effectively and efficiently implements these policies and the delivery of these services.
B. City Council Functions. The city council is the legislative body; its members are the community’s decision-makers. Power is centralized in the elected council collectively and not in individual members of the council. The council focuses on the community’s goals, provision of public services and utilities, general plan and land use, economic development, redevelopment, development standards, capital improvements, financing, and strategic planning. The council will hire a professional manager to carry out the administrative responsibilities and will supervise the manager’s performance.
C. City Manager Functions. The manager is hired to serve the council and the community and to bring to Lakeport the benefits of education, training, and experience in administering the city’s projects, programs, and public services on behalf of the council. The manager prepares a recommended budget for the council’s consideration; oversees the recruitment, hiring, and supervision of the city’s personnel, contractors, and consultants; serves as the council’s chief advisor; and implements the council’s policies and programs and public services in an effective and efficient manner. The city manager provides or supervises the delivery of complete and objective information, provides options and alternatives, and analyzes long-term and short-term consequences on public services, finances, growth, infrastructure, development standards, and other community programs and needs. The city manager provides professional advice on policy matters, intergovernmental affairs, and economic development. The city manager follows the direction of the entire council and not individual members of the council or public, and serves at the sole discretion of the council. (Ord. 807 §1, 2000)
2.10.020 Creation of position.
The position of city manager is created and established. (Ord. 807 §2, 2000)
2.10.030 Appointment of city manager.
The appointment of the city manager shall require the vote of at least three members of the city council and shall hold office at the pleasure of the city council. The city manager shall be chosen by the council solely on the basis of his/her executive and administrative qualifications with special reference to the manager’s actual experience in, and knowledge of, accepted practices in respect to the duties of the manager’s office hereinafter set forth.
The council shall enter into an employment agreement with the city manager outlining his/her compensation, benefits, terms, and conditions of employment and other items deemed desirable to be included in an agreement. To the extent such agreement conflicts with these provisions, the agreement shall control. (Ord. 807 §3, 2000)
2.10.040 Bond.
The city manager shall acquire a surety bond to be approved by the council, such bond to be conditioned on the faithful performance of his/her duties. The bond premium shall be paid by the city. (Ord. 807 §4, 2000)
2.10.050 Compensation and expenses.
The city manager shall receive such compensation and expense allowance in accordance with the employment agreement and as the city council shall from time to time determine and fix by resolution. Such compensation and expense allowance shall be a proper charge against such funds of the city as the city council shall designate. The city manager shall make periodic reports to the city council summarizing the manager’s reimbursed expenses for the previous month. (Ord. 807 §5, 2000)
2.10.060 Residence.
The city manager shall not be required to initially reside in the city of Lakeport. Within six months, the city manager must become a resident of the city unless the city council approves residency outside the city limits. (Ord. 807 §6, 2000)
2.10.070 Council members’ eligibility.
No member of the city council shall be eligible for appointment as city manager until one year has elapsed after such council member has ceased to be a member of the city council. (Ord. 807 §7, 2000)
2.10.080 Evaluation of the city manager’s performance.
The city council shall adopt a performance evaluation policy and shall conduct, at least annually, an evaluation of the city manager’s performance. The city manager shall be given the opportunity to discuss his/her performance with the city council before the evaluation is concluded. The results of this evaluation shall be in writing and acknowledged by the city manager. (Ord. 807 §8, 2000)
2.10.090 Acting city manager.
The city manager may designate one of the department heads as acting city manager during any temporary absence or disability of the city manager. The city council shall name the acting city manager in the event of a prolonged absence of the city manager or if the city council terminates or places the city manager on administrative leave. (Ord. 807 §9, 2000)
2.10.100 Code of ethics.
The city manager shall be familiar with and adhere to the international city/county management association’s (ICMA) code of ethics. (Ord. 807 §10, 2000)
2.10.110 Powers and duties of city manager.
The city manager shall be the chief administrative officer of the city and the city of Lakeport municipal sewer district, and the executive director of the Lakeport redevelopment agency, and other duties as assigned. The manager may head one or more departments and shall be responsible to the city council for the proper administration of all affairs of the city. To that end, he/she shall have the power and shall be required to, and shall be the duty and responsibility to:
A. Authority Over Employees. Control, order, and give directions to all department heads (with the exception of the city attorney) and to subordinate officers and employees of the city under his/her jurisdiction through their department heads;
B. Appointment and Removal of Employees. Oversee, appoint, remove, promote, demote, suspend, or dismiss all officers and employees of the city under him/her through their department heads (except the city attorney), subject to all applicable laws and personnel rules and regulations;
C. Departmental Cooperation. All subordinate officers, including the city attorney, shall assist the city manager in administering the affairs of the city efficiently, economically, and harmoniously. Department heads and the city clerk responsible to the city manager shall take direction only from the city manager;
D. Administrative Reorganization. Conduct studies and recommend to the city council administrative reorganization of offices, positions, or units under his/her direction as may be indicated in the interest of efficient, effective, and economical conduct of the city’s business;
E. Enforcement of Laws. Insure that all laws, ordinances, and policies of the city are duly enforced and that all franchises, permits, and privileges granted by the city are faithfully observed, as well as state and federal laws;
F. Representation of City. 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;
G. Performance of Duties of City Auditor. Perform or have performed by a properly qualified certified public accountant all the duties and powers imposed by law on a city auditor;
H. Attendance at Council Meetings. Attend meetings of the city council unless excused therefrom by the council, except when his/her removal is under consideration by the council;
I. Recommended Activities. Recommend to the city council adoption of such measures, including ordinances and resolutions, as he/she may deem necessary or expedient for the health, safety, or welfare of the community or for the improvement of administrative services;
J. Advise as to Finances. Keep the city council at all times fully advised as to the financial conditions and needs of the city;
K. Preparation of the Budget. Prepare and submit to the city council the proposed annual budget;
L. Purchase of Supplies. Enforce and supervise, subject to and in accordance with the city purchasing policy, the purchase and acquisition in any lawful manner of all property, equipment, services, material, and supplies for the city and for all departments and divisions thereof, provided the purchase or acquisition thereof has been approved by the city council or is included in a budget which has been approved and adopted by the city council. No expenditure shall be submitted or recommended to the city council except on report or approval of the city manager;
M. Investigation of City Affairs and Complaints. Investigate the affairs of the city or any department or division thereof. Investigate all complaints in relation to matters concerning the administration of the government of the city, and in regard to service maintained by the public utilities in the city, and see that all franchises, permits, and privileges granted by the city are faithfully performed and observed;
N. Supervision of Public Property. 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;
O. Hours of Employment. Devote the entire working time of the city manager to the duties of this office, as assigned by the city council, and shall be granted administrative leave compensation for time spent as provided by the city council;
P. Performance of Delegated Duties. Perform such other duties and exercise such other powers as may be delegated to the city manager from time to time by ordinance or resolution or other action of the city council;
Q. Attendance at Commission and Board Meetings. Attend any and all meetings of any commissions or boards heretofore or hereafter created by the city council upon the city manager’s own volition or upon direction of the city council. The city manager shall be heard by such commissions and boards as to all matters upon which he/she wishes to address;
R. Authorization for Professional Services. Approve and sign contracts for any special and professional services as authorized by the city council;
S. Personnel Plan. Oversee the preparation and update of the personnel rules and regulations and procedures and classification plans and establish proper administrative policies and directives and handle all negotiations, grievances, and personnel actions;
T. Preparation of Compensation Plan. Oversee the preparation and submission of, and the recommendation to the city council, a compensation plan for all appointed officers and employees of the city;
U. Leadership in Civic Activities. Provide leadership, participate, and be involved in civic activities designated to benefit the residents of the city;
V. Communications. Provide periodic reports keeping the city council informed of his/her activities and involvement with individual council members. (Ord. 807 §11, 2000)
2.10.120 Council-manager relations.
The city council and its members shall deal with the administrative services of the city only through the city manager. The members of the city council may meet with department heads and other employees for the purposes of asking questions and gathering information. However, neither the council nor any of its members shall give orders or instructions implied or otherwise to any subordinates of the city manager. The city manager shall take orders and instructions from the city council only when the council is in a duly convened meeting of the city council. No individual council member shall give any orders or instructions to the city manager. (Ord. 807 §12, 2000)
2.10.130 Removal of the city manager.
A. The removal of the city manager shall require the vote of at least three members of the city council at a regular or special meeting of the council. Such action shall be consistent with the employment agreement and applicable laws.
B. The city council, with a majority vote, shall have the right to place the city manager on administrative leave with full pay or suspend the city manager without pay.
C. The city manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety days next succeeding any general municipal election held in the city at which a member of the city council is elected or when a new city council member is appointed. The purpose of this provision is to allow any newly elected or appointed 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 duties of his/her office. (Ord. 807 §13, 2000)