Chapter 1.06
CITY MANAGER

Sections:

1.06.010    Office created—Appointment.

1.06.020    Council member not eligible for position.

1.06.030    Bond.

1.06.040    Disability—Temporary city manager.

1.06.050    Compensation—Reimbursement of expenses.

1.06.060    Powers and duties.

1.06.070    Powers subject to civil service provisions.

1.06.080    Orders and directions.

1.06.090    Cooperation of city officials.

1.06.100    Political activities.

1.06.110    Removal.

1.06.120    Removal after municipal election or appointment of city council member.

1.06.125    Written agreements.

1.06.130    Office excluded from civil service.

1.06.140    Inconsistent nomenclature.

1.06.010 Office created—Appointment.

The office of any city manager is hereby established. The city manager shall be appointment by the city council solely on the basis of executive and administrative qualifications and abilities, and shall hold office at the pleasure of the city council.

(Ord. 2126 § 2 (part), 12-23-02: Ord. 1873 § 1 (part), 5-28-91: Ord. 770 § 1, 1-27-58)

1.06.020 Council member not eligible for position.

No person elected to the city council shall, subsequent to such election, be eligible for appointment as city manager until one year has elapsed after such person has ceased to be a member of the city council.

(Ord. 2126 § 2 (part), 12-23-02: Ord. 1873 § 1 (part), 5-28-91: Ord. 770 § 1, 1-27-58)

1.06.030 Bond.

The city manager shall furnish a corporate surety bond in such sum and in such form as may be approved by the city council, which surety bond shall be conditioned on the faithful performance of the duties imposed on the city manager, as prescribed in this chapter.

(Ord. 2126 § 2 (part), 12-23-02: Ord. 1873 § 1 (part), 5-28-91: Ord. 770 § 1, 1-27-58)

1.06.040 Disability—Temporary city manager.

In case of the permanent or temporary disability of the city manager, the city council may designate a qualified city employee to perform the duties of the city manager during the period of such disability of the city manager; provided, however, that any person so designated shall; prior to assuming the duties of the city manager, furnish a corporate surety bond conditioned upon faithful performance of the duties required to be performed as set forth in Section 1.06.030 of this chapter.

(Ord. 2126 § 2 (part), 12-23-02: Ord. 1873 § 1 (part), 5-28-91: Ord. 770 § 1, 1-27-58)

1.06.050 Compensation—Reimbursement of expenses.

A.    The city manager shall receive such compensation as the city council shall, from time to time, determine and fix by resolution, and this compensation 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 the city manager in the performance of the duties prescribed in this chapter, or when traveling on business pertaining to the city under direction of the city council; provided, however, that reimbursement shall only be made when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented to the city council and has been duly approved.

(Ord. 2126 § 2 (part), 12-23-02: Ord. 1873 § 1 (part), 5-28-91: Ord. 770 § 1, 1-27-58)

1.06.060 Powers and duties.

The city manager shall have primary administrative responsibility for the city government under the direction and control of the city council, except as otherwise provided in this code. The city manager shall be responsible for the efficient administration of all the affairs of the city which are under the control of the city manager. In addition to general powers as administrative head, and not as a limitation thereon, it shall be the city manager’s duty, and the city manager shall have the power:

A.    To ensure that all laws and ordinances of the city are duly enforced, and that all franchises, permits and privileges granted by the city are faithfully observed and performed;

B.    To control, order and give directions to all department managers, subordinate officers and employees of the city, except the city clerk, the city treasurer and the city attorney; to transfer employees from one department to another; and to consolidate or combine offices, positions, departments or units under the city manager’s direction; provided, however, that nothing herein contained shall be construed to supersede the authority of the civil service commission of the city in the matter of classification of city officers or employees;

C.    To appoint, promote, discipline, demote and remove any offices or employees of the city, except the city clerk, the city treasurer and the city attorney, subject to the civil service system of the city, if any;

D.    To exercise control over all departments of the city government and over all appointive officers and employees thereof, except the city clerk, the city treasurer and the city attorney;

E.    To attend all meetings of the city council unless excused by the city council, or unless the city manager’s removal is under consideration by the city council;

F.    To recommend to the city council for adoption such actions, resolutions and ordinances as may be deemed necessary or expedient;

G.    To keep the city council fully advised at all times as to the financial condition and needs of the city;

H.    To prepare and submit to the city council the annual budget and to administer the annual budget after adoption;

I.    To direct and supervise the purchase and acquisition, in any lawful manner, of all property, equipment, services, materials and supplies for the city and for all departments and divisions thereof, provided that all such purchases or acquisitions have been approved by the city council or is included in a budget which has been adopted by the city council. No expenditure shall be submitted or recommended to the city council except on report of approval of the city manager;

J.    To make investigations into the affairs of the city, and any department or division thereof, and any contract, or the proper performance of any obligation necessary to the efficient management of the city;

K.    To investigate all complaints relating to matters concerning the administration of the city government, and the services provided by public utilities in the city.

L.    To exercise general supervision over all public buildings, public parks, streets and other public properties which are under the control and jurisdiction of the city council.

M.    To devote full time to the duties of this office and the interests of the city;

N.    To execute any written contracts and conveyances made or entered into by the city as permitted by Government Code Section 40602 and under applicable law.

O.    To perform such other duties and exercise such other powers as may be delegated to the city manager from time to time by ordinance, resolution or motion of the city council.

(Ord. 2126 § 2 (part), 12-23-02: Ord. 1873 § 1 (part), 5-28-91: Ord. 770 § 1, 1-27-58)

1.06.070 Powers subject to civil service provisions.

The exercise of the powers and duties of the city manager set forth in this chapter shall be subject to this code and to any rules and regulations heretofore or hereafter adopted pursuant to this code as to classification of employees, the appointment, transfer, promotion, demotion, removal, suspension, dismissal and reinstatement of such employees, and the procedure specified in this chapter governing the same.

(Ord. 2126 § 2 (part), 12-23-02: Ord. 1873 § 1 (part), 5-28-91: Ord. 770 § 1, 1-27-58)

1.06.080 Orders and directions.

A.    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 members thereof shall give orders to any subordinates of the city manager. No member of the city council shall demand the appointment or removal of any person by the city manager.

B.    The city council retains full power and authority as the policy-making and legislative body of the city, and the duties and powers of the city manager are expressly confined to the administrative services of the city under ordinances, resolutions and motions and of the city council and under state law.

C.    The city manager may attend any and all meetings of any commissions or boards heretofore or hereafter established by the city council, upon the city manager’s own volition, or upon direction of the city council. At any such meetings which the city manager attends, the city manager shall be heard by such commissions and boards as to all matters upon which the city manager desires to address them.

(Ord. 2126 § 2 (part), 12-23-02: Ord. 1873 § 1 (part), 5-28-91: Ord. 770 § 1, 1-27-58)

1.06.090 Cooperation of city officials.

It shall be the duty of all subordinate officers, including the city clerk, the city treasurer and the city attorney, to cooperate with and assist the city manager in the administration of the affairs of the city in the most efficient, economical and harmonious methods allowed, so far as may be consistent with their duties as prescribed by law and ordinances of the city.

(Ord. 2126 § 2 (part), 12-23-02: Ord. 1873 § 1 (part), 5-28-91: Ord. 770 § 1, 1-27-58)

1.06.100 Political activities.

With regard to political activities, the city manager shall be subject to all limitations and restrictions imposed upon public employees by state statutes and local ordinances, including Chapter 9.5 of Division 4 of Title 1 of the California Government Code.

(Ord. 2126 § 2 (part), 6-24-03: Ord. 1873 § 1 (part), 5-28-91: Ord. 770 § 1, 1-27-58)

1.06.110 Removal.

The removal of the city manager shall be only on a majority vote of the entire city council, unless otherwise provided for in a written employment agreement pursuant to Section 1.06.125 relating to written agreement.

(Ord. 2142 § 2, 10-28-02: Ord. 2126 § 2 (part), 12-23-02: Ord. 2113 § 3, 10-28-02: Ord. 1873 § 1 (part), 5-28-91: Ord. 770 § 1, 1-27-58)

1.06.120 Removal after municipal election or appointment of city council member.

The city manager shall not be removed from office within a period of one year after either: 1) any general or special municipal election held in the city, at which a member of the city council is elected; or 2) a new member of the city councils is appointed. The purpose of this provision is to allow any newly-elected or newly-appointed member of the city council, or a reorganized city council, to reasonably observe and fairly evaluate the actions and abilities of the city manager in the performance of the powers and duties of this office. After the expiration of said one-year period, the provisions of Section 1.06.110 of this chapter relating to the removal of this city manager shall be applicable.

(Ord. 2142 § 3, 6-24-03: Ord. 2126 § 2 (part), 12-23-02: Ord. 2113 § 3, 10-28-02: Ord. 1873 § 1 (part), 5-28-91: Ord. 770 § 1, 1-27-58)

1.06.125 Written agreements.

When the city council enters into written employment agreements the provisions set forth in the written employment agreement shall supersede, control and govern over the provisions established in this chapter.

(Ord. 2126 § 2 (part), 12-23-02: Ord. 2040 § 1, 11-10-98)

1.06.130 Office excluded from civil service.

The office of the city manager shall be specifically excluded from the civil service or personnel system of the city, and the city manager shall not be entitled to the benefits, advantages or protection of the civil service or personnel system.

(Ord. 2126 § 2 (part), 12-23-02: Ord 1873 § 1 (part), 5-28-91: Ord. 770 § 13, 1-27-58)

1.06.140 Inconsistent nomenclature.

Wherever it appears in this code, or in any ordinance or resolution previously adopted by the city council or by any of the city’s boards or commissions, the term "chief administrative officer" shall be construed to mean "city manager."

(Ord. 2126 § 2 (part), 12-23-02: Ord. 1873 § 1 (part), 5-28-91)