The office of the City Manager is created and established under
the laws of the State of California for general law cities and the
requirements of this municipal code. The City Manager shall be appointed
by the City Council solely on the basis of his or her executive and
administrative qualifications and ability and shall hold office for
and during the pleasure of the City Council.
(Prior code §§ 1301, 1302; Ord. 42 § 1, 1956; Ord. 2008-1075 § 1)
Residence in the City at the time of appointment shall not be
required as a condition of appointment. Residency in the City shall
not be a condition for continued employment.
(Prior code § 1303; Ord. 42 § 2, 1956; Ord. 2008-1075 § 1)
No person elected as a Councilmember of the City shall, subsequent
to such election, be eligible for appointment as a City Manager until
after one year has elapsed since such Councilmember has ceased to
be a member of the City Council.
(Prior code § 1303.1; Ord. 42 § 3, 1956; Ord. 2008-1075 § 1)
The City Manager shall furnish a corporate surety bond, to be
approved by the City Council in such sum as may be determined by the
City Council, and which shall be conditioned on a faithful performance
of the duties imposed upon the City Manager as prescribed in this
chapter. Any premium for such bond shall be a proper charge against
the City.
(Prior code § 1304; Ord. 42 § 4, 1956; Ord. 2008-1075 § 1)
In the case of an extended absence or disability of the City Manager, the City Council may designate some duly qualified person 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 on a faithful performance of the duties required to be performed as set forth in Section 2.04.040. In the absence of a City Council designation, the City Manager may also designate the Assistant City Manager or a department head to perform the duties of the City Manager during a temporary absence. In the absence of any designation, the Assistant City Manager shall assume the duties of the office for the period of the City Manager's absence or inability to perform the duties of the office.
(Prior code § 1305; Ord. 42 § 5, 1956; Ord. 2008-1075 §1)
A.
The
City Manager shall be the administrative head of the City Government
under the policy 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.
B.
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 following powers:
1.
Enforcement
of Laws. To see that the laws of the state pertaining to the City
and all laws and ordinances of the City are duly enforced and that
all franchises, permits and privileges granted by the City are faithfully
observed;
2.
Personnel
Administration. 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, except the City Attorney;
3.
Officer
and Employee Promotion and Demotion. To appoint, remove, promote and
demote any and all officers and employees of the City except the City
Attorney;
4.
Departments
and Divisions Supervision. To exercise control over and supervise
in general all departments and divisions of the City Government and
all appointive officers and employees thereof, including the City
Clerk and the City Treasurer, but not including the City Attorney;
5.
Council
Meeting Attendance. To attend all gatherings of the City Council or
to appoint a designee to attend in his or her stead, except when his
or her removal is under consideration by the City Council, whereby
the Ralph M. Brown Act shall govern attendance;
6.
Legislation.
To recommend to the City Council for adoption such measures and ordinances
as he or she deems necessary or expedient;
7.
Financial
Advisement. To keep the City Council at all times fully advised as
to the financial conditions and needs of the City;
8.
Budgeting.
To prepare and submit to the City Council the annual budget and to
administer it after adoption;
9.
Purchasing.
To purchase or cause to be purchased all supplies for the departments
or divisions of the City;
10.
Investigations. To make investigation into the affairs of the City
and any department or division thereof and any contract or the proper
performance of any obligation running to the City;
11.
Complaints. To investigate all complaints in relation to matters
concerning the administration of the government of the City and in
regard to the services maintained by public utilities in the City,
and to see that all franchises, permits and privileges granted by
the City are faithfully observed;
12.
Supervision of Public Property. To execute general supervision over
all public buildings, public parks, streets and other public property
which are under the control and jurisdiction of the City Council;
13.
Devotion of Time. To devote his or her work time duties to the City;
14.
Reports and Recommendations. To make reports and recommendations
as may be desirable or as requested by the City Council;
15.
Civic Leadership. To provide leadership for civic movements designated
to benefit residents of the City when so authorized by the City Council;
16.
Lien Contracts. In accordance with Section 40602 of the Government
Code of the State of California, the City Manager is authorized to
sign lien contracts for and on behalf of the City; and
17.
Other Duties. To perform such other duties and exercise such other
powers as may be delegated to him or her from time to time by ordinance,
resolution, Council adopted administrative policy or other action
of the City Council, and to hold and perform the duties thereof at
the pleasure of the City Council.
(Prior code §§ 1311—1313; prior code Am. No. 3 §§ 1, 2, 1965; Ord. 42 § 7, 1956; Ord. 124 § 1, 1959; Ord. 2008-1075 § 1)
The City Manager shall be an ex officio member of all boards,
commissions and committees appointed by the Mayor and the City Council
pursuant to law, with a right to participate in all deliberations
and actions but without a vote.
(Prior code § 1321; Ord. 42 § 8, 1956; Ord. 2008-1075 § 1)
It shall be the duty of all the subordinate officers, including
the City Clerk, City Treasurer, and the City Attorney to cooperate
with and 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, administrative policy and
ordinances of the City.
(Prior code § 1322; Ord. 42 § 9, 1956; Ord. 2008-1075 § 1)
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.
(Prior code § 1323; Ord. 42 § 10, 1956; Ord. 2008-1075 § 1)
A.
The
removal of the City Manager shall be only upon a three-member vote
of the whole Council of the City. In case of his or her intended removal
by the Council, the City Manager shall be furnished with a written
notice stating the Council's intention to remove him or her and the
reasons therefor, at least 30 days before the effective date of his
or her removal.
B.
Within
seven days after delivery to the City Manager of such notice, he or
she may by written notification to the City Clerk request a public
hearing before the Council. Thereafter, the Council shall fix a time
for the public hearing which shall be held at its usual meeting place,
but before the expiration of the 30-day period, and at which time
the City Manager shall appear and be heard.
C.
After
furnishing the City Manager with written notice of intended removal,
the City Council may suspend him or her from duty, but his or her
compensation shall continue until his or her removal by a resolution
of the Council passed subsequent to the aforesaid public hearing.
D.
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
for the City Manager to publicly present to the City Council his or
her grounds for opposition to removal prior to its action.
(Prior code §§ 1331—1336; Ord. 42 §§ 11—14, 1956; Ord. 2008-1075 § 1)
A.
Notwithstanding the provisions of Section 2.04.100, the City Manager shall not be removed from office during or within the period of the longer of 90 days or the period stated in the City Manager's contract, if a period is stated, next succeeding any general municipal election held in the City at which election a member of the City Council is elected.
B.
The
purpose of this provision is to 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 or her office.
(Prior code §§ 1337—1339; Ord. 42 § 15, 1956; Ord. 2008-1075 § 1)
A.
The
City Manager shall receive such compensation as the City Council shall
from time to time determine and fix by resolution, and such 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 him or her in the performance of his or her 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 which
the reimbursement is requested, is presented to the City Council and
by the City Council duly approved and allowed.
(Prior code §§ 1306—1307.1; Ord. 42 § 6, 1956; Ord. 2008-1075 § 1)
