The office of the city manager of the city is hereby created
and established. The city manager shall be appointed by the city council
wholly on the basis of his or her administrative and executive ability
and qualifications and shall hold office for and during the pleasure
of the city council.
(Ord. 3 § 1, 1970)
No member of the city council shall 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. 3 § 2, 1970)
The assistant city manager shall serve as manager pro tempore
during any temporary absence or disability of the city manager. In
the event there is no assistant city manager, the city manager, by
filing a written notice with the city clerk, shall designate a qualified
city employee to exercise the powers and perform the duties of city
manager during his or her temporary absence or disability. In the
event the city manager's absence or disability extends over
a two-month period, the city council may, after a two-month period,
appoint an acting city manager.
(Ord. 3 § 3, 1970)
A. The
city manager shall receive such compensation as the city council shall
from time to time determine.
B. In addition,
the city manager shall be reimbursed for all actual and necessary
expenses incurred by him in the performance of his or her official
duties.
C. On termination
of employment of the city manager by reason of involuntary removal
from service other than for wilful misconduct in office, the city
manager shall receive cash severance pay in a lump sum equal to one
month's pay following his or her termination date, such pay
to be computed at the highest salary received by the city manager
during his or her service with the city. Involuntary removal from
service shall include reduction in pay not applicable to all employees
of the city.
(Ord. 3 § 4, 1970)
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 or she shall be responsible for the efficient administration of all the affairs of the city which are under his or her control. In addition to his or her general powers as administrative head, and not as a limitation thereon, it shall be his or her duty and he or she shall have the powers set forth in Sections
2.04.060 through
2.04.170.
(Ord. 3 § 5, 1970)
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. 3 § 5(1), 1970)
It shall be the duty of the city manager, and he or she 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 or her jurisdiction through their department heads.
(Ord. 3 § 5(2), 1970)
It shall be the duty of the city manager to, and he or she shall,
appoint, remove, promote and demote any and all officers and employees
of the city subject to all applicable personnel ordinances, rules
and regulations.
(Ord. 3 § 5(3), 1970)
It shall be the duty and responsibility of the city manager
to conduct studies and effect such administrative reorganization of
offices, positions or units under his or her direction as may be indicated
in the interest of efficient, effective and economical conduct of
the city's business.
(Ord. 3 § 5(4), 1970)
It shall be the duty of the city manager to and he or she shall,
recommend to the city council for adoption, such measures and ordinances
as he or she deems necessary.
(Ord. 3 § 5(5), 1970)
It shall be the duty of the city manager to attend all meetings
of the city council unless at his or her request he or she is excused
therefrom by the mayor individually or the city council, except when
his or her removal is under consideration.
(Ord. 3 § 5(6), 1970)
It shall be the duty of the city manager to keep the city council
at all times fully advised as to the financial condition and needs
of the city.
(Ord. 3 § 5(7), 1970)
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. 3 § 5(8), 1970)
It shall be the duty of the city manager to see that no expenditures
shall be submitted or recommended to the city council except on approval
of the city manager or his or her authorized representative. The city
manager, or his or her authorized representative, shall be responsible
for the purchase of all supplies for all the departments or divisions
of the city.
(Ord. 3 § 5(9), 1970)
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; further, 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.
(Ord. 3 § 5(10), 1970)
It shall be the duty of the city manager to, and he or she shall,
exercise general supervision over all public buildings, public parks,
and all other public property which is under the control and jurisdiction
of the city council.
(Ord. 3 § 5(11), 1970)
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 official action of
the city council.
(Ord. 3 § 5(12), 1970)
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 or instructions to any subordinates of the city
manager. The city manager shall take his or her orders and instructions
from the city council only when sitting in a duly convened meeting
of the city council, and no individual councilman shall give any orders
or instructions to the city manager.
(Ord. 3 § 6(1), 1970)
It shall be the duty of all subordinate officers and the city
clerk, city treasurer, and the city attorney to assist the city manager
in administering the affairs of the city efficiently, economically
and harmoniously.
(Ord. 3 § 6(2), 1970)
The city manager may attend any and all meetings of the planning
commission, recreation and park commission, and any other commissions,
boards or committees created by the city council, upon his or her
own volition or upon direction of the city council. At such meetings
which the city manager attends, he or she shall be heard by such commissions,
boards or committees as to all matters upon which he or she wishes
to address the members thereof, and he or she shall inform said members
as to the status of any matter being considered by the city council,
and he or she shall cooperate to the fullest extent with the members
of all commissions, boards or committees appointed by the city council.
(Ord. 3 § 6(3), 1970)
The removal of the city manager shall be effected only by a majority vote of the whole city council as then constituted, convened in a regular council meeting, subject, however, to the provisions of Sections
2.04.220 through
2.04.260. In case of his or her intended removal by the city council, the city manager shall be furnished with a written notice stating the council's intention to remove him at least thirty days before the effective date of his or her removal. If the city manager so requests, the city council shall provide in writing reasons for the intended removal, which shall be provided the city manager within seven days after the receipt of such request from the city manager, and at least fifteen days prior to the effective date of such removal.
(Ord. 3 § 7(1), 1970)
Within seven days after the delivery to the city manager of
such notice of intention to remove, he or she 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. 3 § 7(2), 1970)
After furnishing the city manager with written notice of intended
removal, the city council may suspend him from duty, but his or her
compensation shall continue until his or her removal by action of
the council passed subsequent to the aforesaid hearing.
(Ord. 3 § 7(3), 1970)
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 or her grounds of opposition to his or her removal
prior to its action.
(Ord. 3 § 7(4), 1970)
Notwithstanding the provisions of Sections
2.04.210 through
2.04.240, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety days next succeeding any general municipal election held in the city at which election a member of the city council is elected, or when a new city councilman is appointed. The purpose of this provision is to allow any newly elected or appointed 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 or her office. After the expiration of said ninety day period, the provisions of Sections
2.04.210 through
2.04.240 as to the removal of the city manager shall apply and be effective.
(Ord. 3 § 7(5), 1970)
Notwithstanding the provisions of Sections
2.04.210 through
2.04.250, the city council may remove the city manager forthwith and without notice if criminal proceedings, other than minor infractions or misdemeanor
Vehicle Code violations, are initiated against the city manager by any federal, state, county or local law enforcement agency. Such removal shall be effected only by a majority vote of the whole city council as then constituted, commenced in a regular or special council meeting. In the event of removal pursuant to this exception, the city manager shall not be entitled to nor shall he or she receive severance pay.
(Ord. 3 § 7(6), 1970)
Nothing in this chapter shall be construed as a limitation on
the power or authority of the city council to enter into any supplemental
agreement with the city manager delineating additional terms and conditions
of employment not inconsistent with any provision of this chapter.
(Ord. 3 § 8, 1970)