City of San Dimas, CA Chapter 2.24 CITY MANAGER

§ 2.24.010 Office established—Title.

A. In accordance with the provisions of Section 34851 of the Government Code of the state, the office of the city manager is established.

B. The title "city administrator" may be used in lieu of the title "city manager," and shall have the same meaning as that accorded to the office of city manager in the Government Code of the state.

(Prior code § 3-5)

§ 2.24.020 Appointment—Term of office.

The city manager shall be appointed by the city council and shall hold office at and during the pleasure of the city council.

(Prior code § 3-6)

§ 2.24.030 Qualifications—Eligibility—Bond.

A. The city manager shall be chosen by the city council solely on the basis of his or her executive and administrative qualifications, with special reference to his actual experience in, or his or her knowledge of accepted practice in respect to the duties of his or her office as set forth in this chapter. At the time of his or her appointment he need not be a resident of the city or state, but during his or her tenure of office he or she shall reside within the city. No councilmember shall receive such appointment during the term for which he or she shall have been elected nor within one year after the expiration of his term.

B. The city manager shall furnish a corporate surety bond to be approved by the city council and city attorney in such sum as may be approved by the city council. Such bond shall be conditioned on the faithful performance of the duties imposed on the city manager as prescribed in this code. During such time as the offices of the city clerk and city manager are held by the same person, a bond furnished pursuant to the provisions of Section 2.16.020 shall be deemed as satisfying the requirements of this section.

(Prior code § 3-7)

§ 2.24.040 Performance of duties during absence or disability.

In the case of the 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 such period of absence or disability; subject to such person's furnishing a corporate surety bond and conditioned on faithful performance of the duties required to be performed, as set forth in Section 2.24.030.

(Prior code § 3-8)

§ 2.24.050 Compensation.

The city manager shall receive such compensation as the city council shall from time to time determine and fix. He or she shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his or her duties, or incurred when traveling on business pertaining to the city under direction of the city council; provided, that a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented to and approved and allowed by the city council.

(Prior code § 3-9)

§ 2.24.060 Suspension or removal from office.

In accordance with the provisions of Section 2.24.010, the city manager shall hold office during the pleasure of the city council. In order to provide some protection to the city manager in respect to suspension and removal from office, in addition to those provisions provided elsewhere by the law governing general law cities, the city manager shall not be removed until the city council has adopted a preliminary resolution setting forth the reason for his or her removal, and thirty days has elapsed thereafter. By the preliminary resolution the city council may suspend the city manager from duty, but shall in any case cause to be paid to him or her, with due and owing, his or her monthly salary or any portion thereof to and through one calendar month following the adoption of the preliminary resolution.

The requirement herein of a preliminary resolution shall not be deemed or construed to constitute or signify that the removal of the city manager must be upon specified grounds or for cause. The city council has full, complete and uncontrolled discretion in respect to the suspension or removal of the city manager, with its action thereon being final and not dependent upon any particular showing or degree of proof. The city manager shall be entitled to a public hearing in respect to his or her removal, if he or she so desires, in accordance with the provisions of the general law of the state governing cities.

(Prior code § 3-10)

§ 2.24.070 Powers and duties.

The city manager, subject to the policy determinations of the city council, shall direct and coordinate the activities of the government of the city and of the various departments thereof and shall act as the administrative officer in respect to all municipal functions. As such, he or she shall have the powers and duties specified in the government code of the state and in this code and any ordinance of the city. The city manager shall be responsible for the efficient administration of all the affairs of the city. As the chief executive and administrative officer of the city, the city manager shall be responsible for the enforcement of the laws of the city and shall require the faithful performance of all administrative duties.

The city manager, in addition to all other duties and responsibilities conferred on him or her by statute or this code, is hereby designated to hold the following positions and to exercise and fulfill the duties, authorities and responsibilities enumerated in this code and ancillary documents:

1. Purchasing officer;

2. Finance director;

3. Personnel officer;

4. Community development director.

The city manager, at his or her discretion, may delegate any or all duties, authorities and responsibilities of these positions to a subordinate employee(s) or contractor(s). In addition, the city manager shall have the following powers and duties:

A. Generally. The city manager shall have and exercise all powers and duties assigned to him by state law, by this code or any ordinances of this city and by any legislative action or direction of the city council. He shall be charged with, as the chief administrative officer of the city council, the responsibility of ascertaining 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.

B. Council Meetings. The city manager shall attend all meetings of the city council, shall keep the city council informed as to the affairs of the city and shall recommend to the city council such action as may be necessary or expedient to the welfare of the city.

C. Subordinate Employees.

1. In accordance with the provisions of Section 34856 of the Government Code of the state, the city manager may appoint and dismiss all subordinate appointive officers and employees to positions created by the city council, except the city attorney and city treasurer. The final power or decision as to the removal of such city attorney and city treasurer is retained by the city council, and except as provided in this code or any ordinance of the city, the office of city treasurer shall be under the jurisdiction and control of the city manager. In accordance with the foregoing, the city manager shall appoint, promote, discipline, demote and remove all subordinate officers and employees, subject to the aforementioned limitations and exceptions. The city manager may transfer employees from one department to another and consolidate or combine offices, positions or units under his jurisdiction in one person; provided, that the performance of the duties of separate offices by one person would not be inconsistent or unlawful. The city manager shall appoint competent and qualified officers and employees and shall be responsible to the city council as a chief administrative officer for the exercise of all the powers and duties contained in this chapter.

2. Neither the city council nor any of its members shall direct or request the appointment of any person to, or his removal from, office by the city manager, nor shall any member of the city council in any manner take part in the appointment or removal of officers and employees in the administrative service of the city, except as provided in this title. Except for the purpose of inquiry, the city council and its members shall deal with the administrative service solely through the city manager and neither the city council nor any member thereof shall give orders to any subordinates of the city manager, either publicly or privately.

3. All subordinate officers and employees, where not otherwise provided by state law or the provisions of this code or any ordinance of the city, shall perform their duties subject to the direction and control of the city manager or that superior to whom the city manager may assign such employee.

D. Commissions and Committees. Unless specified otherwise by the provisions of this code or any ordinance of the city, the city manager shall be an ex officio member of all commissions, committees and boards created by the city council or established by the provisions of the state law, with the right to participate in all deliberations or actions by such commission, committee or board, but without the right to vote. The city manager shall attend all meetings of such commissions, committees or boards, as necessary, in his or her discretion, and may delegate the responsibility of his or her attendance to any subordinate employee.

E. Legislative and Executive Action. As a chief administrative officer and advisor of the city council, the city manager shall at all times advise the city council as to all legislative, executive and administrative duties and responsibilities of the city council, and shall recommend to the city council such measures, ordinances or procedures as he shall deem necessary or expedient to carry out the purposes of the city government. In this regard, the city manager shall:

1. Prepare and submit to the city council the annual budget and administer it after adoption;

2. Prepare and recommend to the city council a salary plan;

3. Make investigations into the affairs of the city in any department or division thereof and in any contract or the proper performance of any obligation running to the city;

4. Investigate all complaints in relation to the matters concerning the administration of the government of the city and in regard to the service maintained by public and private agencies in the city; and

5. Exercise all general supervision over all public buildings, public parks, public streets and all other public property which is under the control and jurisdiction of the city council.

F. Purchasing Officer. The city manager is hereby designated the purchasing officer of the city. All purchases made on behalf of the city shall be made in accordance with the terms and provisions of Chapter 3.28.

G. Annual Report. The city manager shall prepare and submit to the city council an annual report of the city affairs, including a summary of report of department heads or other city officers, a statement of financial condition and needs of the city and such other reports as the city council shall require.

H. Contracts. The city manager shall examine all proposed contracts to which the city may be a party and may sign on behalf of the city any contract authorized by the city council, except where the city council directs that some other officer or officers shall do so. It shall be the duty of the city manager to see that all terms of any contract to which the city is a party are fully performed by all parties thereto.

I. Inventories. The city manager shall keep a current inventory showing all real and personal property of the city, in its location, and shall be responsible for the care and custody of all such property including the equipment, buildings, parks and all other city property, which is not by law assigned to some other officer or body for care and control.

J. Reports, Publications, Records, Notices and Elections. Where the office of city manager and city clerk are consolidated in the same person, it shall be the duty of the city manager to see to the publication of all notices, ordinances and other documents where required by law or direction of the city council, as well as the posting of the same, where required by law or as directed by the city council. The city manager-city clerk shall prepare and cause to be given posted or published, as required, all notices as required by law or direction of the city council. The city manager-city clerk shall prepare and be responsible, in accordance with the provisions of the Election Code of the state, for the conducting of all municipal elections. The city manager, as city clerk, shall prepare and have custody of all municipal records required by law to be kept by the city clerk and by the city and where not required to be kept by any other specified officers.

K. Civil Defense. The city manager shall serve as local director of civil defense where not inconsistent with any contract or other arrangement with the city.

L. Implied Powers. The city manager shall perform such other duties and exercise such other powers as may be necessary in order to carry out the foregoing and as may be delegated to him or her from time to time by ordinance, resolution or direction of the city council.

M. Devotion to Duty. The city manager shall devote his or her entire time to his or her duties in the interest of the city.

(Prior code § 3-11; Ord. 1077 § 1, 1997)