Chapter 2.08
CITY MANAGER
Sections:
2.08.050 Council not to interfere with appointments or removals.
For statutory provisions on the city manager form of government, see Gov. Code §§34851 – 34859.
2.08.010 Office created.
The office of city manager is created. The phrase “city administrator,” whenever used in this code or in the ordinances or resolutions of the city means the city manager of the city, unless from the context a different meaning is intended or a different meaning is specifically defined. (Ord. 1434 §1, 1991: Ord. 640 §1, 1967).
2.08.020 Appointment.
The city manager shall be appointed by majority vote of the city council for an indefinite term. He shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in or his knowledge of accepted practice in respect to the duties of his office set forth in this chapter. At the time of his appointment he need not be a resident of the city or the state, but during his tenure of office he shall reside within the city. No councilman shall receive such appointment during the term for which he has been elected, nor within one year after the expiration of his term. (Ord. 640 §2, 1967).
2.08.030 Removal.
A. The city council may remove the city manager at any time by a majority vote of its members. If requested, the council shall grant him a public hearing within thirty days following notice of removal. During the interim, the council may suspend the manager from duty, but shall continue his salary and, if the removal becomes final, shall pay his salary for two calendar months following the final removal date.
B. Notwithstanding the provisions of this chapter, the city manager shall not be removed from office during or within a period of ninety days next preceding or 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 allow any newly elected member to 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 said ninety-day period, the provisions of subsection A of this section as to the removal of the city manager shall apply and be effective. (Ord. 640 §3, 1967).
2.08.040 Powers and duties.
The city manager shall be the chief administrative officer of the city. He 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 shall have power and shall be required to:
A. Appoint and, when necessary for the good of the service, suspend or remove all officers and employees of the city except as otherwise provided by law, and except as he may authorize the head of a department or office to appoint, suspend, or remove subordinates in such department or office;
B. Prepare the budget annually and submit it to the council together with a message describing the important features and be responsible for its administration after adoption;
C. Prepare and submit to the council as of the end of the fiscal year a report on the finances and administrative activities of the city for the preceding year;
D. Keep the council advised of the financial condition and future needs of the city, and make such recommendations as he may deem desirable;
E. Recommend to the governing body a standard schedule of pay for each appointive office and position in the city service;
F. Recommend to the governing body adoption of such measures as he may deem necessary or expedient for the health, safety, or welfare of the community or for the improvement of administrative services;
G. Consolidate or combine offices, positions, departments, or units under his jurisdiction. The city manager may be the head of one or more departments;
H. Attend all meetings of the city council unless excused therefrom and take part in the discussion of all matters coming before the council. He shall be entitled to notice of all regular and special meetings of the council, commissions and committees. He shall be entitled to attend and to speak in front of all commissions, committees, and boards of the city government;
I. Supervise and approve the purchase of all materials, supplies, and equipment for which funds are provided in the budget;
J. See that all laws and ordinances are duly enforced;
K. 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 observed;
L. Provide general supervision and security over all public buildings, public parks and all other public property under the control and jurisdiction of the City Council, including the adoption of rules, regulations and policies pertaining to the security and use of such buildings, parks and property not otherwise provided for in this code. Notwithstanding the provisions of Section 1.16.010, a violation of this section or the rules, regulations and policies adopted hereunder shall be either an infraction or a misdemeanor, in the discretion of the prosecutor;
M. Devote his entire time to the discharge of his official duties;
N. Perform such other duties as may be required by the council, not inconsistent with applicable laws or ordinances. (Ord. 640 §4, 1967).
(Ord. 1874, Amended, 09/09/2014)
2.08.050 Council not to interfere with appointments or removals.
Neither the council nor any of its members shall direct or request the appointment of any person to, or his removal from, office by the city manager or any of his subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative services of the city. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager and neither the council nor any member thereof shall give order to any subordinates of the city manager, either publicly or privately. (Ord. 640 §5, 1967).
2.08.060 Emergencies.
In case of accident, disaster, or other circumstance creating a public emergency, the city manager may award contracts and make purchases for the purpose of meeting said emergency; but he shall file promptly with the council a certificate showing such emergency and the necessity for such action, together with an itemized account of all expenditures. (Ord. 640 §6, 1967).
2.08.070 Bond.
The city manager shall furnish a surety bond to be approved by the council, said bond to be conditioned on the faithful performance of his duties. The premium of the bond shall be paid by the city. (Ord. 640 §7, 1967).
2.08.080 Compensation.
The city manager shall receive such compensation as the council shall fix from time to time by ordinance or resolution. (Ord. 640 §8, 1967).
2.08.090 Filling vacancy.
Any vacancy in the office of city manager shall be filled within sixty days after the effective date of such vacancy. (Ord. 640 §9, 1967).