City of Claremont, CA CITY MANAGER

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:

See that all laws and ordinances are properly enforced within the City.

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.

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:

Director of Community Development;

Director of Community Services;

Director of Human Services;

Police Chief;

Assistant City Manager;

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.

Transfer employees from one department to another, and to consolidate or combine offices, positions, departments or units under his or her jurisdiction.

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.

Attend all meetings of the City Council, except when his or her removal is under consideration by the City Council.

Prepare the budget and salary plans, and to submit to the City Council and be responsible for their administration after adoption.

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.

Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable.

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.

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.

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.

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.

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.

Exercise general supervision over all public buildings, public parks, streets and other public property which are under control and jurisdiction of the City Council.

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.

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.

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.

Serve in any appointed office required of him or her by the City Council not inconsistent with this section.

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)