Pursuant to the provisions of Section 34322 of the Government
Code of the state, a majority of the votes cast at the special election
for the incorporation of Pico Rivera as a general law city on January
7, 1958, were in favor of a city manager form of government, and therefore,
in accordance with the provisions of Section 34322, the city shall
operate under the city manager form of government.
(Prior code § 2120)
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 § 2121)
A. The
offices of city manager and city clerk may be consolidated in the
same person by the resolution appointing a city manager-city clerk.
In such an event, the city manager-city clerk shall have all the duties
and responsibilities of both the city manager and the city clerk,
as established by general law and the ordinances of the city.
B. Reference
in this code to the city manager or the city clerk shall mean the
city manager-city clerk when the city council, by resolution, has
appointed one person to the office of city manager-city clerk.
(Prior code § 2122)
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 city manager during the absence or disability of the
city manager, subject, however, to such person, if he or she is not
already a city officer, furnishing the bond and taking the oath of
office as required by the provisions of this title. The city council
may at any time, by resolution, even though the city manager then
is not absent or disabled, designate a city officer who shall act
as city manager during such absence or disability.
(Prior code § 2123)
In accordance with the provisions of Section 36506 of the Government
Code of the state, the city manager shall hold office during the pleasure
of the city council. However, 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 have 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,
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 cause, the city
council having 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 governing cities
of the state of California.
(Prior code § 2124)
Notwithstanding the provisions of Section
2.16.050, when by resolution the same person is appointed to the office of city manager-city clerk, the full and entire compensation for such person shall be the compensation fixed for the city manager by resolution pursuant to Section
2.12.060 of the Pico Rivera Municipal code. In addition to any compensation so fixed by the resolution, the city manager shall be reimbursed for his or her actual and necessary expenses incurred in the performance of official duty, or incurred when traveling on business pertaining to the city under the direction of the city council, and provided, further, that an itemized statement pertaining to the same has been filed with and approved by the city council.
(Prior code § 2125)
The city manager, subject to the policy determination of the city council, shall coordinate the activities of the municipal government and of the various departments thereof, and act as an administrative head 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. The city manager shall be responsible for the efficient administration of all of the affairs of the city as the chief executive and administrative officer of the city government, shall be responsible for the enforcement of the laws of the city, and shall require the faithful performance of all administrative duties, and in addition shall have the powers and duties designated in Sections
2.04.080 through
2.04.190.
(Prior code § 2126)
A. The
city manager shall have and exercise all powers and duties assigned
to him or her by state law, by the ordinances of the city and by any
legislative action or direction of the city council. He or she shall
be charged with, as chief administrative officer of the city council,
the responsibility of ascertaining that the laws of the state of California
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. The
city manager shall devote his or her entire time to his or her duties
in the interest of the city.
C. It shall
be the responsibility of the city manager to present to the city council
all memorandums of understanding, side-letters and other labor or
personnel related agreements to the city council for review and approval
at an open and public meeting of the city council. All such MOUs,
side-letters and/or agreements shall be signed by the mayor in order
to take effect.
(Prior code §§ 2126(a), (m); Ord. 1133 § 1, 2019)
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 or she shall deem necessary
or expedient to carry out the purposes of the municipal government.
In this regard, the city manager shall:
A. Prepare
and submit to the city council the annual budget and administer it
after adoption;
B. Prepare
and recommend to the city council a salary plan;
C. Make
investigations into the affairs of the city in any department or division
thereof, in any contract, or the proper performance of any obligation
running to the city;
D. 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
E. 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.
(Prior code § 2126(e))
The city manager shall attend all meetings of the city council,
shall keep the council informed as to the affairs of the city and
shall recommend to the council such action as may be necessary or
expedient to the welfare of the city.
(Prior code § 2126(b))
Unless specified otherwise by the provisions of this code, 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 commissions, committees or boards, but without
the right of 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.
(Prior code § 2126(d))
In accordance with the provisions of Section 34856 of the Government
Code of the state of California, the city manager may appoint and
dismiss all subordinate appointive officers and employees, including
the position of city treasurer, to positions created by the city council,
except the city attorney and the city clerk. The decision as to the
appointment or removal of the city clerk and city attorney is hereby
retained by the city council and, except as herein provided, the offices
of city clerk and 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 or her jurisdiction in one person, provided
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 herein contained.
(Prior code § 2126(c); Ord. 694 § 5, 1985; Ord. 1004 § 1, 2003)
The city manager is 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
3.20 of this code, and shall be approved and confirmed by the city council before the city council or the city shall be obligated thereon, except where provided otherwise by Chapter
3.20 of this code.
(Prior code § 2126(f))
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, excepting where the council directs
that some other officer or officers shall do so. In case of the reasonable
unavailability of the mayor to sign contracts previously approved
by the city council, the mayor pro-tem is authorized to sign such
contracts and in cases of the reasonable unavailability of the mayor
and the mayor protem the city manager is authorized to sign such contracts.
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.
(Prior code § 2126(h); Ord. 1076 § 5, 2013)
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.
(Prior code § 2126(i))
The city manager shall prepare and submit to the city council
an annual report of the city affairs, including a summary or reports
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.
(Prior code § 2126(g))
Where the offices of city manager and city clerk are consolidated
in the same person, it shall be the duty of the 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.
A. The
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.
B. The
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.
C. The
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.
(Prior code § 2126(j))
The manager shall serve as local director of civil defense where
not inconsistent with any contract or other arrangement with the city.
(Prior code § 2126(k))
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.
(Prior code § 2126(l))