The office of the City Manager of the City of Live Oak is 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 qualification and shall hold office for and during the pleasure of the City Council.
(Ord. 421 § 1, 1995)
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. 421 § 1, 1995)
The City Manager shall, before entering upon the duties of his or her office, give good and sufficient corporate surety to the City in such amount as required by the City Council and in form as shall be approved by the City Attorney, and as required by any law of the State, or of the City. Such bond shall be conditioned upon the faithful performance and discharge of his or her duties, and for proper application and payment of all money or property coming into his or her hands by virtue of his or her office. A general bond covering more than one officer or employee of the City shall suffice if it meets the requirements set forth in this section. The premium for such bond shall be paid by the City.
(Ord. 421 § 1, 1995)
A. 
The City Manager shall receive such compensation and expense allowance as the City Council shall from time to time determine, and said compensation and expenses shall be a proper charge against funds of the City as the City Council shall designate.
B. 
The City Manager shall be reimbursed for all sums necessarily incurred or paid in the performance of his or her duties, or incurred when traveling on business pertaining to the City under direction of or with the express consent of the City Council; reimbursement shall be made only in accordance with an itemized claim setting forth the sums expended or obligations incurred in the manner provided by the City Council for the presentation of claims for reimbursement of expenses of other City officers and employees.
(Ord. 421 § 1, 1995)
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 the following subsections.
1. 
General Supervision. The City Manager shall execute, on behalf of the City Council, all its administrative supervision and control of such affairs of the City as may be placed in his or her charge, or which are not otherwise provided for by the City Council.
2. 
Personnel and Organization. The City Manager shall appoint competent, qualified officers and employees to the administrative service (which term is inclusive of all positions excepting the City Attorney) and to dismiss, suspend and discipline such officers and employees in accordance with such policies as may from time to time be set by the City Council. The City Manager may also transfer employees from one department to another, consistent with the policies of the City Council and recommend to the City Council such reorganization of officers, departments or divisions as may be indicated in the interest of efficient, effective and economical conduct of the City's business and to effect such reorganization when authorized by appropriate ordinance, resolution or motion of the City Council. 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. 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 of Live Oak, subject to all applicable personnel, ordinances, rules and regulations.
3. 
Ordinances. It shall be the duty of the City Manager and he or she shall recommend to the City Council for adoption such measures and ordinances as he or she deems necessary.
4. 
Attendance at Council Meetings. 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.
5. 
Financial Reports. 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.
6. 
Budget. 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.
7. 
Expenditure Control and Purchasing. 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 authorized representative. The City Manager, or authorized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the City.
8. 
Investigations and Complaints. 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.
9. 
Public Buildings. It shall be the duty of the City Manager and he or she shall exercise general supervision over all public buildings, public parks, and all other public property which are under the control and jurisdiction of the City Council.
10. 
Compensation Plan. The City Manager shall prepare and recommend to the City Council from time to time desirable revisions of the compensation plan of the City.
11. 
Carry Out Council Decisions. The City Manager shall carry out on behalf of the City Council its policies, rules, regulations and ordinances relating to the administration of the affairs of the City, its departments, divisions and services.
12. 
Public Improvements. The City Manager shall develop and organize public improvement projects and programs and aid and assist the City Council and the various departments, services and officers of the City in carrying out the same to a successful conclusion.
13. 
Studies and Reports. The City Manager shall make such surveys, studies, reports and recommendations as the City Manager may deem desirable on any matter affecting the interest of the people or the City or as may be requested by the City Council.
14. 
Agenda. The City Manager shall prepare the agenda for all regular, special or adjourned meetings of the City Council in accordance with the ordinances or resolutions establishing rules for the City Council.
15. 
Other City Offices. The City Manager shall serve in any appointed office within the City government to which the City Manager may be qualified, when appointed thereto by the City Council and shall hold and perform the duties thereof at the pleasure of the City Council and without further compensation except as expressly provided by the City Council at the time of such appointment or thereafter.
16. 
Mail. The City Manager shall receive and open all mail addressed whole or in part to the City Council, the Mayor, the Mayor pro tem by title only and shall give immediate attention thereto, to the end that all administrative business referred to in such communications and not necessarily requiring action by the City Council may be disposed of in an expeditious manner; provided, that all actions taken pursuant to such communications shall be reported to the City Council at its next regular meeting thereafter, or by separate communication to each member of the City Council. All personal mail shall be deposited in the appropriate box date stamped, but unopened.
17. 
Enforcement of Laws. The City Manager shall see to the enforcement within the City of the laws of the State and all laws and ordinances of the City.
18. 
Contracts, Franchises, Etc. The City Manager shall investigate and see to the faithful performance and observation of all contracts of the City and of all franchises, permits, licenses and privileges granted by the City and report any and all violations to the City Council.
19. 
Community Relations. The City Manager shall explain to the public the actions, purposes and policies of the City government.
20. 
Contracts. The City Manager shall execute in the name of the City Council and the City any contract authorized or approved by the City Council unless the Council shall expressly provide for other manner of execution of such contracts.
21. 
Appearance Before Subordinate Agencies. The City Manager shall appear before and address any commission or agency appointed by the City Council whenever he or she deems it advisable or whenever the interest of the City shall require.
22. 
Act as Personnel Officer. The City Manager shall act as personnel officer of the City and prepare and keep the necessary records of personnel attendance, vacations and other activities; take applications for employment with the City and make recommendations to the City Council of qualified persons to fill vacancies in the City service for the Council's approval, when such approval is necessary.
23. 
Employee Negotiations. The City Manager shall act as the negotiating agent on behalf of the City Council and all negotiations of City employees and/or the representatives; provided, however, that the City Manager is not authorized to enter into any agreements which will bind the City and all agreements reached in employee negotiations shall be conditional upon final approval of the written agreement by the City Council.
24. 
Manage City Utilities. The City Manager shall oversee the general operation of City utility services and keep advised of and familiar with all City involvements with other entities and agencies regarding the operation of City utilities; and shall act at the request of the City Council as the City's representative or delegate to organizations or agencies in which the City is involved regarding the operation of the City's utilities.
25. 
Appearance Before Public Agencies. The City Manager shall appear before and address any public agency or commission as the representative of the City in the furtherance of the City's interests or as directed by the City Council.
26. 
Additional Duties. 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 or her from time to time by ordinance or resolution or other official acts of the City Council.
27. 
Standard of Performance. In the discharge of his or her duties as City Manager, the person holding such position shall endeavor at all times to exercise the highest degree of tact, patience and courtesy in his or her contact with the public, with the City Council and all City commissions, boards, departments, officers and employees, and shall use his or her best efforts to establish and maintain a harmonious relationship among all personnel employed in the government of the City, to the end that the highest possible standards of public service shall be continuously maintained.
28. 
Limitations Upon City Manager. The City Manager shall act as the agent for the Council in the discharge of its administrative functions, but shall not exercise any policy making or legislative functions whatsoever nor attempt to commit or bind the Council, or any member thereof, to any action, plan or program requiring official Council action. It is not intended by this chapter to grant any authority to, or impose any duty upon, the City Manager which is vested in or imposed by general law or valid City ordinances in any other City commission, board, department, officer or employee.
(Ord. 421 § 1, 1995)
A. 
The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for purposes of inquiry, and neither the City Council, nor any member thereof, shall give orders to any officer or employee of the City under the supervision of the City Manager. The City Manager shall take his or her orders and instructions only from the City Council as a body, and no individual members of the Council shall give any orders or instructions to the City Manager. Any subordinate officer or employee receiving orders or instructions contrary to this section shall report the same in writing immediately thereafter to the City Manager and the City Manager shall promptly forward a copy or summary of such report to each member of the City Council. He or she shall likewise promptly advise each member of the City Council of any orders or instructions received by him or her contrary to this section.
B. 
It is not intended by this section to restrict unduly the privilege of a member of the City Council of requesting of the City Manager, but not of any other officer or employee under his or her supervision, to prepare a report dealing with City business or municipal affairs, if such report can be compiled without undue dislocation of City activities and without the expenditure of considerable quantities of time by City personnel.
(Ord. 421 § 1, 1995)
The City Manager shall be appointed by the City Council and shall hold office for and during the pleasure of the City Council. Removal of the City Manager shall be only by a vote of at least three members of the City Council, and shall be subject to the following provisions:
A. 
The City Manager may be removed at any time, with or without cause.
B. 
If the removal of the City Manager is for cause, the removal shall be effective immediately, or at such other time thereafter as the City Council may determine.
C. 
If the removal is not for cause, it shall be effective 30 days thereafter, or at such later date as may be determined by the City Council.
D. 
If the removal of the City Manager is without cause, the City Council may, at its sole option and discretion, elect to remove all of the Manager's duties and responsibilities immediately, in which event, the City Manager shall surrender his or her office. However, the City Manager shall still be paid a minimum of 30 days' salary, notwithstanding the removal of his or her powers and duties. This salary shall be paid on the normal pay days for the City employees and on the last day of the period of employment, unless the City Council, in its discretion, otherwise orders.
(Ord. 421 § 1, 1995; Ord. 423 § 1, 1995)
The City Manager shall have the authority to designate and appoint a City department head to act and serve as acting City Manager whenever the City Manager deems such to be necessary by virtue of temporary absence from the City or disability to perform the duties, save and except that in the event such an acting appointment and designation is anticipated to be for longer than 21 consecutive days, and the City Council has not approved the designation and appointment of the acting City Manager, said appointment and designation shall be confirmed by the City Council at their next regular Council meeting. Any person so designated and appointed as acting City Manager shall receive no increase in compensation over that received for the position they otherwise occupy within the framework of City government unless and until such increase in compensation is approved by the City Council. Any person so designated shall first furnish a bond in the form required of the City Manager unless such person has already filed a similar bond with the City. Any person appointed and designated as acting City Manager shall have all of the powers and duties of the City Manager specified in this chapter while acting in such capacity, excepting that no officer or employee of the City shall be appointed, removed, promoted, demoted, suspended or otherwise disciplined by the acting City Manager without the prior approval of the City Council.
(Ord. 421 § 1, 1995)
In the event an official of the City of Live Oak is absent or unavailable (whether individually or through deputies or other duly authorized agents) to transact business on behalf of the City, the City Manager is authorized to take appropriate alternative measures so as to provide a continuity of service on behalf of the City in the absence of a City official to transact such business. The City Manager is empowered to take such steps as are appropriate to transact City business, including, but not limited to, the following:
A. 
Encouraging the City official in question to appoint a sufficient number of deputies to transact business in the absence of such City official. The City Manager shall endeavor to, whenever possible and feasible, provide staff support to the City official who may function as deputies in the absence of such City official.
B. 
In the event the City official in question fails or refuses to appoint adequate deputies to transact City business in the absence of such City official, the City Manager may either him or herself, or through appropriate designees, cause the City business to be transacted to be accomplished in the absence of the City official in question.
C. 
The City Manager may take any other actions reasonably necessary to cause City business to be conducted continuously and efficiently should a City official be unavailable to perform their duties on behalf of the City.
As used in this section, a City official shall be deemed to be absent or unavailable if such official is not physically present at the City Hall and the business to be conducted, or the transaction in question is ordinarily transacted at City Hall. A City official shall not be deemed absent if a duly authorized deputy or designee of such City official, with authority to transact business on behalf of the City, is physically present at City Hall. This section does not purport to eliminate, nor shall it be construed, to eliminate any functions of a City official of the City of Live Oak. This section empowers the City Manager to perform the functions and duties of other City officials when such officials are absent or unavailable to perform their duties on behalf of the City. In that regard, this section shall be construed as a supplemental grant of authority to perform the functions and duties of other City officials when such officials are absent or unavailable to perform their duties. In that regard, should a resolution, ordinance, or other provision of law empower a particular City official to perform a particular function or discharge a particular duty on behalf of the City, the City Manager, by the ordinance codified in this section, is also empowered to perform such function or discharge of such duty if the City official designated is absent or unavailable to do so.
As used in this section, "official" refers to those persons described in Government Code Section 36501, subdivisions (b), (c), (d), (e) and (f).
(Ord. 423 § 1, 1995)