The office of the city manager is created and established. The city manager shall be appointed by the city council wholly on the basis of administrative and executive ability and qualifications. The city manager shall hold office for and during the pleasure of the city council.
(Ord. 2 § 1, 1981)
No member of the city council shall be eligible for appointment as city manager until one year has elapsed after the council member has ceased to be a member of the city council.
(Ord. 2 § 1, 1981)
The city manager shall receive such compensation and expense allowances as the city council shall from time to time determine, and such compensation shall be a proper charge against such funds of the city as the council shall designate.
(Ord. 2 § 1, 1981)
The city manager shall be reimbursed for all actual and necessary expenses incurred by him or her in the performance of his or her official duties, including those incurred when traveling on business pertaining to the city.
(Ord. 2 § 1, 1981)
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 to so act, the city manager, by a letter filed with the city clerk, shall designate a qualified city administrative officer to exercise the powers and perform the duties of manager during his or her temporary absence or disability. The city council may appoint an acting city manager.
(Ord. 2 § 1, 1981)
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. The city manager shall be responsible for the efficient administration of all 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, he or she shall be expected to, and shall have the power to:
A. 
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;
B. 
Appoint, remove, promote and demote any and all officers and employees of the city except elective officers and the city attorney, subject to all applicable personnel rules and regulations which may be adopted by the city council;
C. 
Control, order and give directions to all department heads who are subject to his or her appointment and removal authority, and to subordinate officers and employees of the city under his jurisdiction through their department heads;
D. 
Conduct studies and effect such organization and reorganization of offices, positions or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business;
E. 
Recommend to the city council for adoption such measures and ordinances as he deems necessary;
F. 
Attend all meetings of the city council unless excused therefrom by the mayor individually or the city council as a whole, except when his removal is under consideration;
G. 
Prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval;
H. 
Direct and supervise all the purchasing activities of the city;
I. 
Keep the city council at all times fully advised as to the financial condition and needs of the city;
J. 
Make investigations into the affairs of the city and any department or division thereof and any contract or the proper performance of any of the obligations of the city; and further, 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;
K. 
Exercise general supervision over all public buildings, public parks and all other public properties which are under the control and jurisdiction of the city council;
L. 
Have the same authority as the mayor (as conveniences to the parties may dictate) to sign documents specified in Section 40602 of the Government Code of the state whenever such documents have been approved by the city council for execution by resolution, motion, minute order or other appropriate action; and
M. 
Perform such other responsibilities 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. 2 § 1, 1981; Ord. 231 § 1, 1989; Ord. 288 §§ 1—8, 1990; Ord. 358 § 1, 1992; Ord. 421 §§ 1—8, 1995; Ord. 437 § 1, 1996)
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 to any subordinates of the city manager. Councilmembers' inquiries should be directed to the city manager or department head or any employee as designated by the city manager. For purposes hereof, "inquiry" means any and all communications short of giving orders, directions or instructions to any member of the administrative staff. Staff members shall give any nonconfidential information requested by any councilmember. If the information is believed to be confidential as defined by the Public Records Act, the request shall be referred to the city manager or the city attorney. The city manager shall take his orders and instructions from the city council only when sitting in a duly convened meeting of the city council and no individual councilmember shall give any orders or instructions to the city manager. The city council shall instruct the city manager in matters of policy. Any action, determination or omission of the city manager shall be subject to review by the city council. The city council may not overrule, change or modify any such action, determination or omission except by the affirmative vote of at least three members of the city council.
(Ord. 2 § 1, 1981; Ord. 288 § 9, 1990; Ord. 358 § 2, 1992; Ord. 421 § 9, 1995; Ord. 437 § 2, 1996)
It shall be the duty of all subordinate officers and the city attorney and city clerk to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously.
(Ord. 2 § 1, 1981)
The city manager may attend any and all meetings of the planning commission, and any other commission, board or committee created by the city council, upon his own volition or upon direction of the city council. At such meetings as the city manager attends, he shall be heard by such commissions, boards or committees as to all matters upon which he wishes to address the members thereof. He shall inform such members as to the status of any matter being considered by the city council, and he shall cooperate to the fullest extent with members of all commissions, boards or committees appointed by the city council.
(Ord. 2 § 1, 1981; Ord. 288 § 10, 1990; Ord. 421 § 10, 1995)
Within seven days after the delivery to the city manager of the notice required in Section 2.08.100, he 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. 2 § 1, 1981)
If the city manager serves under a written contract or employment agreement which includes provisions for termination of the city manager's services, the provisions of that contract or agreement shall prevail, and any provision of the municipal code, any city ordinance or city resolution specifying any additional requirement or imposing any contrary rules shall be inapplicable.
(Ord. 2 § 1, 1981; Ord. 288 § 12, 1990; Ord. 359 § 1, 1992; Ord. 421 § 12, 1995)
In the event the intended removal of the city manager is for wilful misconduct in office, written notice to the city manager as provided in Section 2.08.100 shall state that the reason for removal is wilful misconduct in office and shall state specific facts which constitute such wilful misconduct. The procedure for hearing and for suspension pending hearing shall be followed as stated in Sections 2.08.100 through 2.08.140. A determination of wilful misconduct in office shall be evidenced by specific findings of facts constituting such wilful misconduct. The determination of what constitutes wilful misconduct shall be within the sole discretion of the city council; provided, that it shall relate to the welfare of the city.
(Ord. 2 § 1, 1981)
Wilful misconduct includes conduct directly related to conduct in office and directly related to the duties of the office. It includes the refusal to follow the lawful directions of the city council. It also includes conduct not directly related to the performance of official duties of the office when such conduct has a direct and harmful effect on the welfare of the city. Evidence of such direct and harmful effect includes but is not limited to conviction of a felony.
(Ord. 2 § 1, 1981)
Nothing in this chapter shall be construed as a limitation on the power or authority of the city council to enter into an employment agreement delineating additional terms and conditions of employment. Any such terms mutually agreed to need not be consistent with the provisions of this chapter.
(Ord. 2 § 1, 1981; Ord. 288 § 13, 1990; Ord. 421 § 13, 1995)