Chapter 2-2


Article 1. City Manager

2-2-100    Office created.

2-2-105    Chief executive.

2-2-110    Council-Manager relations.

2-2-115    City Manager duties.

2-2-120    City Manager powers.

2-2-125    Miscellaneous provisions.

2-2-130    Removal of City Manager.

2-2-135    Authority.

Article 2. City Clerk

2-2-200    Statutory functions.

2-2-205    Additional functions.

2-2-210    Salary.

Article 3. Police Department

2-2-300    Standards for recruitment and training.

2-2-305    Functions of former Police Department and title of Police Chief, police officer.

Article 1. City Manager

2-2-100 Office created.

The office of City Manager of the City of San Juan Bautista is hereby created and established. The City Manager shall be appointed by the City Council solely on the basis of his/her executive and administrative qualifications. He/She shall hold office for an indefinite term at the pleasure of the City Council and shall receive such compensation as the Council may provide.

2-2-105 Chief executive.

The City Manager shall be the chief executive of the City government under the direction and control of the Council except as otherwise provided in this chapter. He/she shall have authority over all other officers and employees including the City Clerk, except he/she shall have no authority over the City Treasurer or City Attorney.

2-2-110 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 the purpose of inquiry. Should any Councilmember make an inquiry, it shall be for the purpose of compiling facts and data for possible future action by the Council. In no event shall action be taken after completion of the inquiry without Council approval. The City Manager shall take his/her orders and instructions from the City Council as a body, and no individual Councilmember shall give any orders or instructions to the City Manager or his/her subordinates. When a decision has been made by the City Council as a body, it shall be final and conclusive. Further reference to any such decision of the Council shall not be made by the City Manager except to the Council as a whole.

(A) The City Manager shall attend all meetings of the City Council unless excused therefrom by the Mayor or the City Council, except when his/her removal is under consideration by the City Council.

(B) The City Manager may take part in Council discussions but may not vote. He/She shall have the power to appear and address the Council or any of its Boards or Commissions at any meeting.

(C) The City Manager shall recommend to the City Council for adoption such measures and ordinances as he/she deems necessary. He/She shall keep the City Council at all times fully advised as to the financial conditions and needs of the City and shall make such reports as may be desirable or as requested by the City Council.

2-2-115 City Manager duties.

The City Manager 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 power to:

(A) Enforcement of Laws. See that the laws of the State of California pertaining to the City and 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.

(B) Appoint and promote, discipline, suspend or dismiss, all officers and employees of the City including the City Clerk, except he/she shall have no authority over the City Attorney or City Treasurer. No department head shall be appointed or removed until the City Manager shall have first reviewed such appointment or removal with the City Council in executive session.

The City Manager shall provide a single merit principal personnel system for all officers and employees of the City except the City Attorney, City Treasurer, Chief of Police, and the Director of Public Works, and may designate an officer responsible to him/her to administer said personnel system.

(C) Appoint to Acting Capacity. Designate himself/herself or some other officer or employee to perform the duties of any office or position in the administrative service under his/her control which is vacant or which lacks administration due to the absence or disability of the incumbent.

(D) Purchases. Purchase or cause to be purchased by some officer designated by him/her, all services, supplies and equipment for all of the departments or divisions of City. All purchases and expenditures for purchases shall be made in accordance with procedures established by ordinance.

(E) General Services. Provide for the proper administration and management of all other City affairs and properties which are not otherwise reserved to the Mayor and/or City Council.

(F) Annual Report. Prepare and present to the Council an annual report of the City’s affairs, including a summary of reports of department heads and such other reports as the Council shall require.

(G) Annual Budget and Capital Program. Prepare and submit to the Council an annual budget and capital program for each ensuing fiscal year, based upon estimates of financial needs and resources of the City.

(H) Miscellaneous Duties. Serve in any appointed office within the City government to which he/she may be qualified when appointed thereto by the City Council, and to hold and perform duties thereof at the pleasure of the City Council.

Investigate all complaints related to matters concerning the administration of the City government or services of public utilities in the City.

Perform such other duties and exercise such other powers as may be delegated to him/her from time to time by action of the City Council.

2-2-120 City Manager powers.

The City Manager shall have the power and authority to properly perform any duty assigned to him/her by the City Council or by other process of law. In general, his/her powers shall include:

(A) Investigate. Have the power, either by himself/herself or by any person designated by him/her, to investigate and to examine or inquire into the affairs or operations of any department, division or office and any contract, or other proper performance of any obligations of or to the City; and when so authorized by the Council he/she shall have the power to employ consultants and professional counsel to aid in such investigations, examinations or inquiries.

(B) Overrule Officials. Have the power to set aside any action taken by a department head and may supersede him/her in the functions of his/her office.

(C) Delegate Duties. Have the power to direct any department, division or bureau or perform the work for any other department, division or bureau.

(D) Appoint Administrative Committees. Have the power to designate from the administrative service such committees and the officers thereof as he/she shall find necessary for the proper consideration of administrative problems.

2-2-125 Miscellaneous provisions.

(A) Acting City Manager. During any period of his/her temporary absence or disability, the City Manager shall designate an officer or employee of the City to serve as the administrative head of the City for that period. In the event of failure to make designation, the City Council may appoint an Acting City Manager.

(B) Bond. The City Manager and Acting City Manager shall be bonded to assure the faithful performance of the duties imposed on them as herein prescribed. Such bond may be part of a blanket surety bond and the premium for same shall be a proper charge against the City.

(C) Expenses. The City Manager shall be reimbursed for all sums necessarily incurred by him/her in the performance of his/her duties or incurred while traveling on business pertaining to the City under direction of the City Council. Reimbursement shall only be made, however, when an itemized claim, setting forth the sums expensed and for which reimbursement is requested, has been presented to the City Council for approval.

(D) Eligibility. No City Councilmember shall be eligible for appointment as City Manager until one year has elapsed after such Councilman has ceased to be a member of the City Council.

2-2-130 Removal of City Manager.

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. The City Manager shall not be removed from office during or within a period of ninety (90) 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 in the performance of the duties of his/her office; provided, however, where the City Manager has committed acts of moral turpitude or a violation of any law which would bring disrepute upon his/her office or where he/she has committed any acts of dishonesty, the Council may forthwith discharge the City Manager upon a majority vote of the Council.

2-2-135 Authority.

This article is enacted pursuant to the provisions of Article I, Chapter 7, Division 2, Title 4, of the Government Code of the State of California.

Article 2. City Clerk

2-2-200 Statutory functions.

The City Clerk shall perform all functions of said office as contained in the Government Code of the State of California, including any amendments of applicable sections.

2-2-205 Additional functions.

The City Clerk shall also:

(A) Prepare agenda and City Council packet;

(B) Attend all meetings of the Council and be responsible for the recording and maintaining of a full and true record of all the proceedings of the Council in books that shall bear appropriate titles and be devoted to such purposes;

(C) Maintain separate books, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the Clerk annexed to each thereof stating the same to be the original or correct copy;

(D) Maintain separate books, in which a record shall be made of all written contracts and official bonds;

(E) Keep all aforementioned books properly indexed and open to public inspection when not in actual use;

(F) Be the custodian of the seal of the City;

(G) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of the official records;

(H) Have charge of all City elections;

(I) Be responsible for the publication of all official advertising of the City.

2-2-210 Salary.

For such services the City Clerk shall receive a salary as fixed from time to time by resolution of the City Council.

Article 3. Police Department

2-2-300 Standards for recruitment and training.

Pursuant to Section 13522 of Title 4, Chapter 1 of the California Penal Code, the City of San Juan Bautista while receiving aid from the State of California pursuant to said Chapter 1 will adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.

2-2-305 Functions of former Police Department and title of Police Chief, police officer.

Notwithstanding the provisions of this Code to the contrary, whenever a function, power, obligation, or liability is imposed upon the office of the Police Department, or upon the office or personage of Police Chief, police officer or the like, either by the general laws of the State of California, by this Code or by any administrative rules, regulations, custom or practice of the City of San Juan Bautista, the City Manager as Director of Public Safety or the City Manager’s designee, including a contracting agency approved by the City Council, shall have or exercise such function, power, obligation or be subject to such liability and shall be fully vested with the requisite legal authority and exclusive responsibility to have or perform such function, power, obligation or incur such liability. The City Manager shall, at all times, either assign an employee or employees of the City to the former duties of the Police Department and/or to the duties of a Police Chief or police officer, or, with the approval of the City Council, execute all documents necessary to cause a contracting agency to perform such duties, and the assigned employees or contracting agencies shall possess the requisite licenses, registrations and qualifications for such duties. For the authentication and certification of official acts, documents and records, the assigned employees or contracting agencies shall use the seal, title and emoluments, if any, of their respective offices.

Legislative History: Ords. 3 (no date), 4 (no date), 16a (3/4/06), 29A (4/9/12), 49A (6/4/18), 87A (3/9/48), 92 (9/3/52), 98 (1/3/56), 108 (3/1/60), 129 (6/3/64), 148 (3/5/68), 190 (5/19/80), 193 (11/4/80), 193.1 (2/7/83), 93-3 (4/20/93), 94-3 (3/15/94), 2023-01 (2/21/23).