There shall be a city manager who shall be the chief administrative
officer of the city. City council shall appoint, by an affirmative
vote of at least three of its members, the person that it believes
to be best qualified on the basis of his or her executive and administrative
qualifications, with special reference to experience in, and knowledge
of, accepted practice in respect to the duties of the office as set
forth in this Charter. The city manager shall serve at the pleasure
of the city council.
No person shall be eligible to receive appointment as city manager
while serving as a member of the city council nor within five years
after he or she has ceased to be a member of the city council.
The city council shall be authorized to enter into a contract
of employment with the city manager. The city manager shall have no
vested or procedural rights in connection with his or her employment
as city manager, except as may be granted by city council through
contract or otherwise. The city manager shall be paid a salary commensurate
with his or her responsibilities as chief administrative officer of
the city, which salary shall be established by ordinance or resolution,
or by contract with the city manager.
The city manager shall furnish a corporate surety bond conditioned
upon the faithful performance of his other duties in such form and
in such amount as may be determined by the city council.
The city manager shall be the head of the administrative branch
of the city government. The city manager shall be responsible to the
city council for, and shall have jurisdiction over, the proper administration
of all affairs of the City except those delegated by this Charter
to the city attorney or other appointive boards or commissions. Without
limiting the foregoing general grant of powers, responsibilities and
duties, the city manager shall have power and be required to:
(a) Appoint, suspend or remove, subject to the provisions of this Charter
including the personnel system provisions thereof, all department
heads and officers of the City except elective officers and those
department heads and officers the power of whose appointment is vested
by this Charter in the city council or in other appointive boards
or commissions, and approve or disapprove all proposed appointments
and removals of subordinate employees by those department heads who
are appointed by the city manager.
(b) Prepare the budget annually, submit such budget to the city council
and be responsible for its administration after its adoption.
(c) Prepare and submit to the city council as of the end of the fiscal
year a comprehensive report on the finances and administrative activities
of the City for the preceding fiscal year.
(d) Keep the city council advised of the financial condition and future
needs of the City and make such recommendations as may seem appropriate.
(e) Prepare rules and regulations governing the contracting for, purchasing,
storing, distribution, or disposal of all supplies, materials and
equipment required by any office, department or agency of the city
government and recommend them to the city council for adoption.
(f) See that the laws of the State pertaining to the City, the provisions
of this Charter and the ordinances of the City are enforced.
(g) Prescribe such general rules and regulations as he or she may deem
necessary or proper for the general conduct of the administrative
offices and departments of the City under his or her jurisdiction,
and exercise control of all such administrative offices and departments
and the officers and employees thereof.
(h) Perform such other duties consistent with this Charter as may be
required by the city council.
The city manager or his or her designated representative shall
attend all city council meetings, and may attend all meetings of other
boards and commissions, and shall be entitled to participate in their
deliberations, but shall not have a vote.
The city manager shall not be removed from office during or
within a period of ninety days next succeeding any municipal election
at which a member of the city council is elected. At any other time
the city manager may be removed only at a regular meeting of the city
council and upon the affirmative votes of at least three members of
the city council. In removing the city manager, the city council shall
have absolute discretion, and its actions shall be final. The city
manager shall not have any procedural rights entitling him or her
to a hearing or other notice prior to termination, except as may be
provided by ordinance or contract.
The city manager may appoint, subject to the approval of the
city council, one of the officers or department heads of the city,
or any other qualified person, to serve as interim city manager during
the temporary absence or disability of the city manager. In the event
of the death, resignation or dismissal of the city manager, the city
council may appoint any qualified person to act as interim city manager
pending the appointment of a new city manager.
There shall be a city attorney, who shall be appointed by and
serve at the pleasure of the city council. An affirmative vote of
three members of the city council shall be required to appoint or
remove the city attorney. To become and remain eligible for city attorney
the person appointed shall be an attorney-at-law duly licensed as
such under the laws of the State of California, and shall have been
engaged in the practice of municipal law for at least five years prior
to his or her appointment.
The city council is authorized to enter into a contract with
the city attorney. The city attorney shall have no vested or procedural
rights in connection with his or her employment as city attorney,
except as may be granted by city council, through ordinance, contract
or otherwise. The city attorney shall have power and be required to:
(a) Represent and advise the city council and all city officers in all
matters of law pertaining to their offices.
(b) Represent and appear for the City in any or all actions or proceedings
in which the City is concerned or is a party, and represent and appear
for any city officer or employee, or former city officer or employee,
in any or all actions and proceedings in which any such officer or
employee is concerned or is a party for any act arising out of his
employment or by reason of his or her official capacity.
(c) Attend all meetings of the city council and give advice or opinions
in writing whenever requested to do so by the city council or by any
of the boards or officers of the City.
(d) Approve the form of contracts made by and bonds given to the City,
and all deeds or covenants recorded for or on behalf of the City.
(e) Approve any and all proposed ordinances and resolutions for the City
and amendments thereto.
(f) Surrender to his or her successor all books, papers, files and documents
pertaining to the City's affairs.
(g) Prosecute on behalf of the people of the City any or all criminal
cases arising from violation of this Charter or city ordinances, and
such State misdemeanors as the City has the power to prosecute.
(h) Recommend and oversee the hiring and supervise the work of any and
all other attorneys employed by the City to perform legal work on
any litigation or other matter, or to otherwise assist the city attorney.
(i) To otherwise serve as the legal counselor to the City, and to perform
other duties consistent with the Charter, as directed by the city
council.