Chapter 2.04 CITY MANAGER

The office of the city manager of the city 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. 106, 1957; prior code § 1-601)

2.04.030 Eligibility.

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 councilmember shall have ceased to be a member of the city council. (Ord. 106, 1957; prior code § 1-603)

2.04.050 Temporary manager.

The city manager shall appoint 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. (Ord. 1034 § 3, 2017; Ord. 106, 1957; prior code § 1-605)

2.04.060 Compensation.

A. 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. 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. 106, 1957; prior code § 1-606)

2.04.070 Removal – Council action.

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 2.04.080 through 2.04.110. 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 days before the effective date of his removal. (Ord. 106, 1957; prior code § 1-625)

2.04.080 Removal – 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 thirty-day period, at which the city manager shall appear and be heard, with or without counsel. (Ord. 106, 1957; prior code § 1-626)

2.04.090 Removal – 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. (Ord. 106, 1957; prior code § 1-627)

2.04.100 Removal – 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. (Ord. 106, 1957; prior code § 1-628)

2.04.110 Removal – Limitation.

Notwithstanding the provisions of this chapter hereinbefore enumerated, the city manager or the city attorney shall not be removed from office during or within a period of one hundred eighty 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 the city attorney in the performance of the powers and duties of their offices. After the expiration of the one-hundred-eighty-day period mentioned in this section, the provisions of SMC 2.04.100 as to the removal of the city manager or the city attorney shall apply and be effective. (Ord. 589 § II(2), 1981; Ord. 372, 1970; Ord. 297, 1966; Ord. 106, 1957; prior code § 1-629)

2.04.120 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 the 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 thereof, it shall be his duty and he shall have the powers set forth in SMC 2.04.130 through 2.04.290. (Ord. 106, 1957; prior code § 1-607)

2.04.130 Law enforcement.

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. 106, 1957; prior code § 1-608)

2.04.140 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. (Ord. 106, 1957; prior code § 1-609)

2.04.150 Power of appointment.

It is the duty of the city manager to and he shall appoint, remove, promote and demote any and all officers and employees of the city, except council-appointed officers, subject to the rules and regulations of the city council. (Ord. 723 § 1, 1987; Ord. 106, 1957; prior code § 1-610)

2.04.160 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. (Ord. 106, 1957; prior code § 1-611)

2.04.170 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. (Ord. 106, 1957; prior code § 1-612)

2.04.180 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. (Ord. 106, 1957; prior code § 1-613)

2.04.190 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. (Ord. 106, 1957; prior code § 1-614)

2.04.200 Budget.

It shall be the duty of the city manager to prepare and submit the proposed annual or bi-annual budget and the proposed annual or bi-annual salary plan to the city council for its approval. (Ord. 958, 2007; Ord. 106, 1957; prior code § 1-615)

2.04.210 Purchasing agent.

Repealed by Ord. 587. (Ord. 106, 1957; prior code § 1-616)

2.04.220 Investigation of city affairs.

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. 106, 1957; prior code § 1-617)

2.04.230 Investigation of public utility and franchise services.

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. (Ord. 106, 1957; prior code § 1-618)

2.04.240 Supervision of public buildings and property.

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. (Ord. 106, 1957; prior code § 1-619)

2.04.250 Hours of employment.

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. 106, 1957; prior code § 1-620)

2.04.260 Additional duties.

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. 106, 1957; prior code § 1-621)

2.04.270 Council-manager relations.

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. 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. 106, 1957; prior code § 1-622)

2.04.280 Department cooperation.

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 ordinances of the city. (Ord. 106, 1957; prior code § 1-623)

2.04.290 Attendance at commission meetings.

The city manager may attend any and all meetings of the planning commission, recreation and park commission and any other commissions, boards or committees hereafter created by the city council, upon his 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 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. (Ord. 106, 1957; prior code § 1-624)

2.04.300 Chief administrative officer.

Wherever in the municipal code or in any ordinances or resolutions 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. (Ord. 106, 1957; prior code § 1-630)

2.04.310 City clerk.

The city manager shall exercise all of the powers, rights and duties and act ex officio as the city clerk of the city of Seaside. (Ord. 385, 1971; prior code § 1-630)