Chapter 2.08
CITY MANAGER

Sections:

2.08.010    Office established – Appointment.

2.08.020    Repealed.

2.08.030    Eligibility subsequent to election as Council member.

2.08.040    Repealed.

2.08.050    Temporary Manager appointment.

2.08.060    Compensation, expense allowances and reimbursement.

2.08.070    Powers and duties generally.

2.08.080    Enforcement duties.

2.08.090    Authority to control officers and employees.

2.08.100    Power of appointment, removal, promotion and demotion.

2.08.110    Departmental and office reorganization.

2.08.120    Recommendation of necessary or expedient measures and ordinances.

2.08.130    Council meeting attendance.

2.08.140    Advice to City Council on City financial conditions and needs.

2.08.150    Proposed annual budget and salary plan preparation and submittal.

2.08.160    Purchasing duty.

2.08.170    Investigations – Generally.

2.08.180    Investigations – Administrative complaints and performance of franchises and permits.

2.08.190    Supervision of public buildings, parks and property.

2.08.200    Devotion of time to duties and City interests.

2.08.210    Other powers and duties may be delegated by City Council.

2.08.220    Council-Manager relations.

2.08.230    Officer cooperation required.

2.08.240    Commission, board or committee meeting attendance and cooperation.

2.08.250    Removal procedure.

2.08.260    Hearing.

2.08.270    Suspension pending hearing.

2.08.280    Discretion of Council and purpose of hearing.

2.08.290    Limitation on removal.

2.08.010 Office established – Appointment.

The office of the 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. [Ord. 484 § 1, 1955.]

2.08.020 Residency requirement.

Repealed by Ord. 1212. [Ord. 484 § 2, 1955.]

2.08.030 Eligibility subsequent to election as Council member.

No person elected as a Councilman of the City 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. [Ord. 484 § 3, 1955.]

2.08.040 Bond required.

Repealed by Ord. 1212. [Ord. 484 § 4, 1955.]

2.08.050 Temporary Manager appointment.

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 such person furnishing a corporate surety bond conditioned upon faithful performance of the duties required to be performed as set forth in SMC 2.08.040. [Ord. 484 § 5, 1955.]

2.08.060 Compensation, expense allowances and reimbursement.

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 such compensation and expenses shall be a proper charge against such funds of the City as the City Council shall designate.

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. [Ord. 484 § 6, 1955.]

2.08.070 Powers and duties generally.

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 shall be responsible for efficient administration of all the affairs of the City which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the powers set forth in SMC 2.08.080. [Ord. 484 § 7, 1955.]

2.08.080 Enforcement duties.

It shall be the duty of the City Manager to enforce all laws and ordinances of the City and to see that all franchises, contracts, permits and privileges granted by the City Council are faithfully observed. [Ord. 484 § 8, 1955.]

2.08.090 Authority to control officers and 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. [Ord. 484 § 9, 1955.]

2.08.100 Power of appointment, removal, promotion and demotion.

It shall be the duty of the City Manager to appoint, remove, promote and demote any and all officers, inclusive of the City Clerk, and any and all employees of the City, except the City Attorney and City Treasurer, subject to the rules and regulations of the Civil Service Commission. [Ord. 1195 § 1, 2009; Ord. 484 § 10, 1955.]

2.08.110 Departmental and office reorganization.

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. [Ord. 484 § 11, 1955.]

2.08.120 Recommendation of necessary or expedient measures and ordinances.

It shall be the duty of the City Manager to recommend to the City Council for adoption such measures and ordinances as he deems necessary or expedient. [Ord. 484 § 12, 1955.]

2.08.130 Council meeting attendance.

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. [Ord. 484 § 13, 1955.]

2.08.140 Advice to City Council on City financial conditions and needs.

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. [Ord. 484 § 14, 1955.]

2.08.150 Proposed annual budget and salary plan preparation and submittal.

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. [Ord. 484 § 15, 1955.]

2.08.160 Purchasing duty.

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. [Ord. 484 § 16, 1955.]

2.08.170 Investigations – Generally.

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. [Ord. 484 § 17, 1955.]

2.08.180 Investigations – Administrative complaints and performance of franchises and permits.

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 permits granted by the City are faithfully performed and observed. [Ord. 484 § 18, 1955.]

2.08.190 Supervision of public buildings, parks and property.

It shall be the duty of the City Manager 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. [Ord. 484 § 19, 1955.]

2.08.200 Devotion of time to duties and City interests.

It shall be the duty of the City Manager to devote his entire time to the duties of his office in the interests of the City. [Ord. 484 § 20, 1955.]

2.08.210 Other powers and duties may be delegated by City Council.

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 from time to time by ordinance or resolution or other action of the City Council. [Ord. 484 § 21, 1955.]

2.08.220 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, and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager. 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 Councilman shall give any orders or instructions to the City Manager. [Ord. 484 § 22, 1955.]

2.08.230 Officer cooperation required.

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 law and the ordinances of the City. [Ord. 484 § 23, 1955.]

2.08.240 Commission, board or committee meeting attendance and cooperation.

The City Manager may attend any and all meetings of the Planning Commission, recreation or Park Commission, and any other commissions, boards or committees hereafter created by the City Council, upon its own volition or upon direction of the City Council. At such meetings 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 such 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. [Ord. 484 § 24, 1955.]

2.08.250 Removal procedure.

The removal of the City Manager shall be only upon a three-member vote of the whole Council in the City in regular Council meeting, subject, however, to the provisions of SMC 2.08.260 through 2.08.290. 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 30 days before the effective date of his removal. [Ord. 484 § 25, 1955.]

2.08.260 Hearing.

Within seven 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. 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 30-day period, at which the City Manager shall appear and be heard, with or without counsel, as he may elect. [Ord. 484 § 26, 1955.]

2.08.270 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 above-mentioned hearing. [Ord. 484 § 27, 1955.]

2.08.280 Discretion of Council and purpose of hearing.

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. [Ord. 484 § 28, 1955.]

2.08.290 Limitation on removal.

Notwithstanding the provisions of this chapter as enumerated, the City Manager shall not be removed from office during or within a period of 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 powers and duties of his office. After the expiration of the 90-day period mentioned above, the provisions of SMC 2.08.280 as to the removal of the City Manager shall apply and be effective. [Ord. 484 § 29, 1955.]