The City Council shall appoint an officer of the City who shall
have the title of City Manager and shall have the powers and perform
the duties provided in this chapter. 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 or her term.
(Prior code §2.9)
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 or her actual experience in, or his
or her acknowledgement of, accepted practice in respect to the duties
of his or her office as set forth in this chapter.
(14-07)
The City Manager shall serve at the pleasure of the City Council,
which shall, by majority vote of all members of the City Council,
appoint or remove him or her. The terms of the manager's employment
shall be as established by written contract, adopted by resolution
of the City Council.
(Prior code § 2.15; 90-13)
To perform his or her duties during his or her temporary absence
or disability, the City Manager may designate, by letter and/or email
filed with the City Clerk, a qualified administrative officer of the
City. In the event of failure of the City Manager to make such designation,
the City Council may, by resolution, appoint an officer of the City
to perform the duties of the City Manager until he or she shall return
or his or her disability shall cease.
(14-07)
The City Manager shall be the administrative head of the City
government under the direction and control of the City Council. He
or she shall be responsible to the City Council 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 the duty of the
City Manager and he or she shall have power to:
A. See
that all laws and ordinances are properly enforced within the City.
B. Appoint, on the basis of merit and, when necessary for the good of the service, demote, and remove all officers and employees of the City, except as otherwise in subsection
C of this section, and except as he or she may authorize the head of a department or office to appoint and remove subordinates in such department or office.
C. Persons
appointed or promoted to the following department head positions on
or after June 10, 1989, shall serve at the will and pleasure of the
City Manager and may be terminated from City employment by the City
Manager without proof of cause or other justification and without
right of appeal or hearing:
1. Director
of Community Development;
2. Director
of Community Services;
3. Director
of Human Services;
6. Finance
Director.
Any person appointed or promoted to a new department head classification
created by resolution on or after June 10, 1989, shall also serve
at the will and pleasure of the City Manager and may be terminated
from City employment by the City Manager without proof of cause or
other justification and without right of appeal or hearing.
Department heads appointed or promoted to their department head
positions prior to June 10, 1989, shall have the right to be terminated
only under the provisions of this Code as it existed at the time of
their appointment to the position, unless they modify the terms of
their employment pursuant to a contract as described below.
The City Manager is empowered to enter into contracts on behalf
of the City with department heads establishing terms and conditions
of employment. Upon approval by the City Council, said employment
contracts shall take precedence over and supersede any otherwise applicable
ordinance, resolution, rule or regulation, previous or current including,
but not limited to, this subsection. Nothing in this subsection shall
be deemed to give the City Manager the right to appoint or remove
the City Treasurer or the City Attorney.
D. Transfer
employees from one department to another, and to consolidate or combine
offices, positions, departments or units under his or her jurisdiction.
E. The
City Manager whenever possible, shall consult in advance with the
Council concerning all matters of major importance, such as, but not
limited to, major municipal programs, fiscal policies, reorganization
or substantive changes in organizational assignments, and administrative
acts which affect the formulation or implementation of legislative
policy. The purpose of such consultation requirements shall be to
fully inform the Council and learn of its judgment in the matters
being considered.
F. Attend
all meetings of the City Council, except when his or her removal is
under consideration by the City Council.
G. Prepare
the budget and salary plans, and to submit to the City Council and
be responsible for their administration after adoption.
H. Prepare
and submit to the City Council at the end of the fiscal year a complete
report of the finances and administration activities for the preceding
year.
I. Keep
the City Council advised of the financial condition and future needs
of the City and make such recommendations as may seem desirable.
J. Recommend
to the City Council for adoption such measures and ordinances as he
or she may deem necessary or expedient to assist in the performance
of the duties of City Manager as outlined in this chapter.
K. City
Manager may attend any and all meetings of the Commissions, boards,
and committees created by the Council, at which meetings he or she
shall be heard by such commissions, boards, and committees as to all
matters upon which he or she wishes to address the members thereof,
and he or she shall inform such members as to the status of the matter
being considered by the Council and cooperate to the fullest extent
with the members of all commissions, boards, and committees appointed
by the Council.
L. Oversee
the purchase of all supplies for all of the departments or divisions
of the City in accordance with City regulations. No expenditure shall
be submitted or recommended to the City Council except upon report
or approval of the City Manager.
M. Make
investigations of the affairs of the City and any department or division
thereof and any contract or the performance of any obligation running
to the City.
N. Investigate
all complaints in relation to matters concerning the administration
of the government of the City and in regard to the services maintained
by public utilities in the City and to see that all franchises, permits
and privileges granted by the City are faithfully observed.
O. Exercise
general supervision over all public buildings, public parks, streets
and other public property which are under control and jurisdiction
of the City Council.
P. To cooperate,
within lawful limits, with all community organizations whose aim and
purpose is to advance the cultural and material interests of the City
and its people and to provide them within lawful limits, with assistance
through the City government.
Q. To develop
and organize necessary public improvement projects and programs authorized
by the Council and to aid and assist the Council departments in carrying
the same through to successful conclusion.
R. Serve
in any appointed office or as head of any department within the City
government to which he or she may be qualified when appointed thereto
by the City Council, and to hold and perform the duties thereof at
the pleasure of the City Council.
S. Serve
in any appointed office required of him or her by the City Council
not inconsistent with this section.
T. The
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 Council nor any of its members shall give
orders to any subordinate of the City Manager. The City Manager shall
take his or her orders and instructions from the Council only when
sitting in a duly held meeting of the Council, and no individual councilmember
shall give any order or instruction to the City Manager. The City
Manager shall act as an agent for the Council in the discharge of
its administrative functions but shall not exercise any policy-making
or legislative function whatsoever, nor attempt to commit or bind
the Council, or any member thereof, to any action, plan, or program
requiring official Council action.
(Prior code § 2.11; 84-14; 89-11; 12-04; 14-07)
It shall be the duty of all subordinate officers, including
the City Clerk, the City Treasurer and the City Attorney, to cooperate
with and assist the City Manager in administering the affairs of the
City most efficiently, economically and harmoniously so far as may
be consistent with their duties as prescribed by law and by this Code
and other ordinances of the City.
(Prior code § 2.12)
Neither the City Council nor any of its members shall direct
or request the appointment of any person to, or his or her 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 chapter. 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.
(Prior code § 2.16)