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 his or her administrative and executive ability and qualifications
and shall hold office for and during the pleasure of the City Council.
(Ord. 1040 § 1; Ord. 1088 § 1; Ord. 1156 § 1, 1973)
Residence in the city at the time of appointment of a City Manager
shall not be required as a condition of the appointment, but within
180 days after reporting for work, the City Manager must become a
resident of the city unless the City Council approves his or her residence
outside the city.
(Ord. 1040 § 2; Ord. 1156 § 2, 1973)
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. 1040 § 2; Ord. 1156 § 3, 1973)
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, the City Manager, by
filing a written notice with the City Clerk, shall designate another
qualified city employee to exercise the powers and perform the duties
of the City Manager during the City Manager's temporary absence or
disability. In the event the City Manager's absence or disability
extends beyond a two-month period, the City Council may, after the
two-month period, appoint an acting City Manager. Notwithstanding
the aforementioned provisions of this section, the City Manager may,
by filing a written notice with the City Clerk, designate a qualified
city employee to exercise the powers and perform the duties of the
City Manager during the City Manager's temporary absence of a period
less than two months.
(Ord. 1040 § 4; Ord. 1156 § 5, 1973; Ord. CS-309 § 3, 2016; Ord. CS-403 § 2, 2021)
The City Manager shall receive such compensation as the City
Council shall from time to time determine.
In addition, 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.
On termination of employment of the City Manager by reason of
involuntary removal from service other than for wilful misconduct
in office, the City Manager shall receive cash severance pay in a
lump sum equal to one month's pay for each of the first three years
of continuous service or fraction thereof as City Manager, not to
exceed a total of three months' pay, such pay to be computed at the
highest salary received by the City Manager during his or her service
with the city. Involuntary removal from service shall include reduction
in pay not applicable to all employees of the city.
(Ord. 1040 § 5; Ord. 1156 § 6, 1973)
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 the affairs of the city which
are under his or her control. In addition to the City Manager's general
powers as administrative head, and not as a limitation thereon, it
shall be the City Manager's duty, and he or she shall have the powers
set forth in the following subsections.
A. Law
Enforcement. It shall be the duty of the City Manager to 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. Authority
Over Employees. It shall be the duty of the City Manager, and he or
she shall have the authority to control, order, and give directions
to all heads of departments and to subordinate officers and employees
of the city under his or her jurisdiction through their department
heads.
C. Power of Appointment and Removal. It shall be the duty of the City Manager to appoint, discipline, remove, promote and demote any and all officers and employees of the city, except the City Clerk, City Treasurer and City Attorney, and as provided in Section
2.44.050 of this title, subject to all applicable personnel ordinances, rules and regulations.
D. Administrative
Reorganization of Offices. It shall be the duty and responsibility
of the City Manager to conduct studies and effect such administrative
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. Ordinances.
It shall be the duty of the City Manager and he or she shall recommend
to the City Council for adoption such policies, measures and ordinances
as the City Manager deems necessary or expedient for the health, safety
or welfare of the community.
F. Attendance
at Council Meetings. It shall be the duty of the City Manager to attend
all meetings of the City Council unless at the City Manager's request
he or she is excused therefrom by the Mayor individually or the City
Council, except when his or her removal is under consideration. The
City Manager may take part in all matters coming before the council.
G. Financial
Reports. It shall be the duty of the City Manager to keep the City
Council at all times fully advised as to the financial conditions
and needs of the city and make such recommendations as the City Manager
may deem desirable.
H. Budget
and Salary Plan. It shall be the duty of the City Manager to prepare
and submit the proposed annual budget and the proposed annual salary
plan to the City Council, with a message describing important features
thereof, and be responsible for its administration after adoption.
I. Expenditure
Control and Purchasing. It shall be the duty of the City Manager to
see that no expenditures shall be submitted or recommended to the
City Council except on approval of the City Manager or authorized
representative. The City Manager, or authorized representative, shall
be responsible for the purchase of all supplies, materials and equipment
for all the departments or divisions of the city for which funds are
provided in the annual budget, and prepare and submit to the council
as of the end of the fiscal year a complete report on the finances
and administrative activities of the city for the preceding year.
J. Investigations
and Complaints. It shall be the duty of the City Manager to make investigations
into the affairs of the city and any department or division thereof,
and any contract or the proper performance of any obligations of the
city; further, it shall be the duty of the City Manager 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. Public
Buildings and City Property. It shall be the duty of the City Manager,
and he or she shall exercise general supervision over all public buildings,
public parks and all other public property, equipment and supplies,
which are under the control and jurisdiction of the City Council.
L. Additional
Duties. It shall be the duty of the City Manager to perform such other
duties 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.
The City Manager shall also act as the Executive Manager for
the Municipal Water District. The Executive Manager shall be the administrative
head for the water district and report directly to the Board of Directors.
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(Ord. 1040 § 6; Ord. 1156 § 7, 1973; Ord. NS-160 § 1, 1991; Ord. NS-793 § 2, 2006)
Unless otherwise prohibited by state law or a provision of a
resolution or ordinance adopted by the City Council, all duties and
powers granted to or imposed upon the City Manager may be delegated
by the City Manager to other officers, department heads or management
employees of the city as the City Manager deems appropriate.
(Ord. NS-793 § 3, 2006)
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 or instructions to any subordinates of the City
Manager. The City Manager shall take his or her 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; however, any councilmember
may, as an individual, request pertinent information on municipal
affairs and citizen complaints from the City Manager and from department
heads through the City Manager. These requests will be answered promptly.
(Ord. 1040 § 21; Ord. 1156 § 9, 1973)
It shall be the duty of all subordinate officers and the City
Clerk, City Treasurer and City Attorney to assist the City Manager
in administering the affairs of the city efficiently, economically
and harmoniously.
(Ord. 1040 § 22; Ord. 1156 § 10, 1973)
The City Manager may attend any and all meetings of the Planning
Commission, Parks and Recreation Commission, Harbor Commission, Library
Commission, Traffic and Mobility Commission and any other commissions,
boards or committees created by the City Council, upon the City Manager's
own volition or upon direction of the City Council. At such meetings
which the City Manager attends, he or she shall be heard by such commissions,
boards or committees as to all matters upon which the City Manager
wishes to address the members thereof, and he or she shall inform
the members as to the status of any matter being considered by the
City Council, and the City Manager shall cooperate to the fullest
extent with the members of all commissions, boards or committees appointed
by the City Council.
(Ord. 1040 § 24; Ord. 1156 § 12, 1973; Ord. CS-356 § 2, 2019)
The removal of the City Manager shall be effected only by a
majority vote of the whole City Council as then constituted, convened
in a regular council meeting. In case of the City Manager's intended
removal by the City Council, the City Manager shall be furnished with
a written notice citing the council's action to remove him or her
at least 30 days before the effective date of his or her removal.
If the City Manager so requests, the City Council shall provide in
writing reasons for the removal, which shall be provided the City
Manager within seven days after the receipt of such request from the
City Manager, and at least 15 days prior to the effective date of
such removal. After furnishing the City Manager with written notice
of removal, the City Council may suspend him or her from duty, but
his or her compensation shall continue until the date of his or her
removal has been established by action of the council. The removal
of the City Manager is subject to the following subsections:
A. Hearing.
Within seven days after the delivery to the City Manager of such notice
of intention to remove, the City Manager 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 30-day
period, at which the City Manager shall appear and be heard, with
or without counsel.
B. Suspension
Pending Hearing. After furnishing the City Manager with written notice
of intended removal, the City Council may suspend him or her from
duty, but his or her compensation shall continue until his or her
removal by action of the council passed subsequent to the aforesaid
hearing.
C. Discretion
of Council. In removing the City Manager, the City Council shall use
its uncontrolled discretion and its action shall be final and shall
not depend upon any particular showing or degree of proof at the hearing,
the purpose of which is to allow the City Manager to present to the
City Council his or her grounds of opposition to his or her removal
prior to its action.
(Ord. 1040 § 25; Ord. 1156 § 13, 1973)
Notwithstanding the provision of Section
2.12.130, the City Manager shall not be removed from office, other than for misconduct in office, during or within a period of 90 days next succeeding any general municipal election held in the city at which election a member of the City Council is elected or when a new City Councilmember is appointed. The purpose of this provision is to allow any newly elected or appointed 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 the City Manager's office. After the expiration of the 90-day period, the provisions of Section
2.12.130 as to the removal of the City Manager shall apply and be effective.
(Ord. 1040 § 26; Ord. 1088 § 3; Ord. 1156 § 14, 1973)
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. 1156 § 15, 1973)
The City Manager shall provide written notice, in the event
of his or her resignation, to the City Council at least 30 days prior
to his or her termination date. The City Council may waive this provision
at their sole discretion.
(Ord. 1156 § 16, 1973)