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. 165 § 1, 2007)
No member of the City Council shall be eligible for appointment
as City Manager until one year has elapsed after such Council member
has ceased to be a member of the City Council.
(Ord. 165 § 1, 2007)
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. 165 § 1, 2007)
The City Manager shall be reimbursed for all actual and necessary
expenses he or she incurs in the performance of his or her official
duties, including those incurred when traveling on business pertaining
to the City.
(Ord. 165 § 1, 2007)
The City Manager, by letter filed with the City Clerk or Deputy
City Clerk, shall designate a qualified City Administrative Officer
to exercise the powers and perform the duties of City Manager during
any temporary absence or disability of the City Manager.
(Ord. 165 § 1, 2007)
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 the general powers as
administrative head of the City government, and not as a limitation
thereon, the City Manager 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 including the City Clerk pursuant to Government Code Section
34856, except elected 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 or her jurisdiction through
their department heads;
D.
Conduct
studies and effect such organization and reorganization of offices,
positions or units under his or her 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
or she 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 or her
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.
Keep
the City Council at all times fully advised as to the financial condition
and needs of the City;
I.
Make
investigations into the affairs of the City and any department or
division thereof and any contract or other obligation of the City;
and further to investigate all complaints in relation to matters concerning
the administration of the City government.
J.
Exercise
general supervision over all public buildings, public parks, and all
other public properties which are under the control and jurisdiction
of the City;
K.
Have
the same authority as the Mayor, as the convenience of the parties
may dictate, to sign documents specified in Section 40602 of the California
Government Code whenever such documents have been approved by the
City Council for execution by resolution, motion, minute order or
other appropriate action; and
L.
Perform
such other responsibilities and exercise such other powers as may
be delegated to him or her from time to time by ordinance or resolution
or other official action of the City Council.
(Ord. 165 § 1, 2007)
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. For purposes
hereof, "inquiry" means any and all communications short of giving
orders, directions or instructions to any member of the administrative
staff. Such staff members shall provide all information reasonably
requested by any Council Member. The City Manager shall take orders
and instructions from the City Council only when sitting in a duly
convened meeting of the City Council and no individual Council Member
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 over-rule,
change or modify any such action, determination or omission except
by the affirmative vote of at least three members of the City Council.
(Ord. 165 § 1, 2007)
It shall be the duty of the City Attorney to assist the City
Manager in administering the affairs of the City efficiently, economically
and harmoniously.
(Ord. 165 § 1, 2007)
The City Manager may attend any and all meetings of any commission,
board or committee created by the City Council, upon his or her own
volition or upon direction of the City Council. At any such meeting
which the City Manager attends, he or she shall be heard by such commission,
board or committee as to all matters upon which he or she wishes to
address the members thereof. The City Manager shall inform such commission,
board or committee as to the status of any matter being considered
by the City Council pertaining to that body, and shall cooperate to
the fullest extent with members of all commissions, boards or committees
appointed by the City Council.
(Ord. 165 § 1, 2007)
The removal of the City Manager shall be effected only by a majority vote of the whole Council; subject, however, to the provisions of Section 2.08.102 of this chapter. In case of his/her intended removal by the Council, the City Manager shall be furnished with a written notice as provided in his/her employment agreement, if any. If no written employment agreement applies then 30 days' notice or severance pay will be granted.
(Ord. 165 § 1, 2007)
Notwithstanding the provisions of Section 2.08.100 of this chapter, the City Manager shall not be removed from office during or within a period of 90 days following any general municipal election held in the City at which election a member of the City Council is considered by the voters of the City. The purpose of this provision is to allow any newly elected member of the City Council or a reorganized City Council to observe the actions and ability of the City Manager in the performance of the powers and duties of his/her office. After the expiration of the 90 day period aforementioned, the provisions of Section 2.08.100 of this chapter, as to the removal of the City Manager shall apply and be effective.
(Ord. 165 § 1, 2007)
Nothing in this chapter shall be construed as a limitation on
the power or authority of the City Council to enter into any supplemental
agreement with the City Manager delineating additional terms and conditions
of employment not inconsistent with any provisions of this chapter.
(Ord. 165 § 1, 2007)
