Note: Cross references—Duties regarding radio and television interference, § 6-254 et seq.; city manager to settle controversies arising from the operations of community antenna television, § 8-8; duties regarding the disposal of surplus city property, § 10-141 et seq.; duty to designate the number of officers and firemen for the operation of the fire department, § 11-55; duty to appoint fire chief, § 11-63; authority to remove or destroy advertising displays, §§ 13-4, 13-8; authority to settle controversies arising out of the administration of the garbage and rubbish chapter, § 14-2; duties regarding the collection and removal of garbage and rubbish, § 14-18 et seq.; city manager to appoint a director of parks and recreation, § 18-44; duty to serve as traffic engineer, § 28-46.
The office of city manager of the City of Escondido is hereby
created.
(Code 1957, § 1301)
The office of city manager shall be a full-time position.
(Code 1957, § 1313.24)
No person elected as a councilman shall, subsequent to such
election, be eligible for appointment as city manager until one year
has elapsed after such council member has ceased to be a member of
the council.
(Code 1957, § 1304)
The city manager shall be appointed by the council solely on
the basis of his or her executive and administrative qualifications
and ability and shall hold office at and during the pleasure of the
council, subject to the provisions of any employment agreement which
may be made by the city and the city manager which specifically sets
forth provisions of tenure and grounds for termination.
(Code 1957, § 1302; Ord. No. 89-30, § 1, 6-28-89)
(a)
The
city manager shall furnish a corporate surety bond, to be approved
by the council, in such sum as may be determined by the council and
conditioned upon the faithful performance of the duties imposed upon
the manager as herein prescribed.
(Code 1957, §§ 1305, 1305.1)
(a)
In
the absence of any employment agreement between the city and the city
manager which specifically sets forth provisions pertaining to the
removal or suspension of the city manager, the provisions of this
section shall apply to any action of the city council to remove or
suspend the city manager from that position.
(b)
In
case of the manager's intended removal by the council, the manager
shall be furnished with a written notice stating the council's intention
to remove the manager and the reason therefor, at least 30 days before
the effective date of his removal.
(c)
Within
seven days after the delivery to the manager of such notice, the manager
may, by written notification to the city clerk, request a hearing
before the council.
(d)
Thereafter,
the council shall fix a time for the hearing (which shall be held
at its usual meeting place, but before the expiration of the 30 day
period) at which the manager shall appear and be heard, with or without
counsel.
(e)
After
furnishing the manager with written notice of intended removal, the
council may suspend him from duty, but his or her compensation shall
continue until his or her removal by resolution of the council passed
subsequent to the aforesaid hearing.
(f)
In
removing the manager, the 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 manager to present to the council his grounds of opposition
to his removal prior to its action.
(Code 1957, §§ 1331—1337; Ord. No. 76-25, § 1, 9-1-76; Ord. No. 89-30, § 2, 6-28-89)
(a)
The
city manager shall receive such compensation and expense allowance
as the council shall, from time to time, determine and fix by resolution.
(b)
Such
compensation and expense allowance shall be a proper charge against
such funds of the city as the council shall designate.
(Code 1957, § 1307)
(a)
The
city manager shall be reimbursed for all sums necessarily incurred
or paid by him in the performance of his duties or incurred when traveling
on business pertaining to the city under direction of the council.
(b)
Reimbursement
shall only be made, however, when an itemized claim, setting forth
the sums expended for which reimbursement is requested, has been presented
to the council and by the council duly approved and allowed. Such
claims shall be verified by receipts whenever possible.
(Code 1957, §§ 1308, 1309)
The city manager shall appoint, subject to the approval of the
council, one of the other officers or department heads of the city
to serve as manager pro tempore during any temporary absence or disability
of the manager.
(Code 1957, § 1306)
In case of the absence or disability of the city manager and his failure to so appoint a manager pro tempore, the council may designate some duly qualified person to perform the duties of the manager during the period of absence or disability of the manager, subject, however, to such person's furnishing a corporate surety bond conditioned upon faithful performance of the duties required to be performed as set forth in section 2-42.
(Code 1957, § 1306.1)
The specific powers of the city manager enumerated in this article
shall be in addition to his general powers as administrative head
and shall not be considered as a limitation thereon.
(Code 1957, § 1313)
The city manager shall perform such duties and exercise such
powers as may be delegated to him from time to time by ordinance or
resolution or other action of the council.
(Code 1957, § 1313.25)
The city manager shall be the administrative head of the government
of the city under the direction and control of the council, except
as otherwise provided in this article.
(Code 1957, § 1311)
The city manager shall be responsible for the efficient administration
of all the affairs of the city which are under his control.
(Code 1957, § 1312)
The city manager shall see that all laws and ordinances of the
city are duly enforced, and that all franchises, permits and privileges
granted by the city are faithfully performed and observed.
(Code 1957, §§ 1313.11, 1313.22)
The city manager shall have the power 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.
(Code 1957, § 1313.22)
The city manager shall have the power 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 running
to the city.
(Code 1957, § 1313.21)
The city manager shall attend all the meetings of the council
unless excused therefrom by the council, except when his removal is
under consideration by the council.
(Code 1957, § 1313.15)
(a)
The
city manager may attend any and all meetings of the planning commission,
parks, recreation and beautification commission, traffic commission,
and any other commissions or boards heretofore or hereafter created
by the council, upon his own volition or upon direction of the council.
(b)
At
such meetings, the city manager shall be heard as to all matters upon
which he wishes to address them.
(Code 1957, §§ 1324, 1325)
The city manager shall recommend to the council for adoption
such measures and ordinances as he deems necessary or expedient.
(Code 1957, § 1313.16)
The city manager shall keep the council at all times fully advised
as to the financial condition and needs of the city.
(Code 1957, § 1313.17)
The city manager shall prepare and submit the proposed annual
budget and the proposed annual salary plan to the council for its
approval.
(Code 1957, § 1313.18)
The city manager shall purchase all supplies for all of the
departments or divisions of the city.
(Code 1957, § 1313.19)
The city manager shall exercise general supervision over all
public buildings, public parks and all other public property which
is under the control and jurisdiction of the council.
(Code 1957, § 1313.23)
The city manager shall make and keep up-to-date an inventory
of all property, real and personal, owned by the city and to recommend
to the council the purchase of new machinery, equipment and supplies
whenever in his judgment the same can be obtained at the best advantage,
taking into consideration trade-in value of machinery, equipment,
etc., in use.
(Code 1957, § 1313.26)
The city manager shall have the power to exercise control over
all departments of the city and over all appointive officers and employees
thereof, except the city treasurer and city attorney and their employees.
(Code 1957, § 1313.14; Ord. No. 2000-35, § 3, 12-13-00)
The city manager shall have the power to appoint, promote, demote
and remove officers and employees of the city, except the city treasurer
and city attorney, or their employees, subject to the civil service
system of the city.
(Code 1957, § 1313.13; Ord. No. 2000-35, § 4, 12-13-00)
The city manager shall have the power to control, order and
give directions to all heads of departments, and employees of the
city, except the city treasurer and city attorney, or their employees.
(Code 1957, § 1313.12; Ord. No. 2000-35 § 5, 12-13-00)
The city manager shall have the power to consolidate or combine
offices, positions, departments or units under this direction; provided,
however, that nothing herein contained shall be construed to supersede
the civil service system.
(Ord. No. 2018-08, § 1, 8-15-18)
The city manager shall have the power to transfer employees
from one department to another.
(Code 1957, § 1313.121)
The city manager shall have the power to receive and open all
mail addressed to the council and give immediate attention thereto
to the end that all administrative business referred to in such communications,
and not necessarily requiring councilmanic action, may be disposed
of between council meetings; provided that all actions taken pursuant
to such communications shall be reported to the council no later than
at its next regular meeting thereafter.
(Code 1957, §§ 1313.27, 1313.271)
