The office of the city manager of the city of Upland 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.
(Prior code § 2310.010)
Residence in the city of a person as city manager shall not be required as a condition of appointment.
(Prior code § 2310.020; Ord. 1987, 5/13/2024)
No member of the city council shall be eligible for appointment as city manager until one year has elapsed after such city council member shall have ceased to be a member of the city council.
(Prior code § 2310.030)
The city manager and acting city manager shall furnish a corporate surety bond, in an amount and in form approved by the city council, and shall be conditioned upon the faithful performance of the duties imposed upon the city manager and acting city manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the city.
(Prior code § 2310.040)
The assistant city manager shall serve as acting city manager 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 a qualified city employee to exercise the powers and perform the duties of the city manager during his or her temporary absence or disability. In the event the city manager's absence or disability extends beyond 30 days, the city council may appoint an acting city manager.
(Prior code § 2310.050)
The city manager shall receive such compensation as the city council shall from time to time establish by resolution adopted by majority vote of the entire council. 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.
(Prior code § 2310.060)
A. 
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 code. 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 his or her general powers as administrative head, and not as limitation thereon, it shall be his or her duty and he or she shall have the powers set forth in Sections 2.04.080 through 2.04.200, inclusive.
B. 
Under Government Code Section 40602(b), the mayor is vested with the authority to sign all written contracts and conveyances made or entered into by the city while the city council may provide by ordinance that written contracts and conveyances may be signed by an officer other than the mayor. Therefore, the city manager may sign any written contract or conveyance on behalf of the city whenever the city council so authorizes the city manager by motion or resolution subject to such condition or limitation that the city council may impose upon such authority to the city manager.
C. 
The city manager also may approve and sign a contract on behalf of the city for the purchase of equipment, materials, supplies or services provided the expenditure for same is authorized by the current annual budget and the contract amount does not exceed $50,000.00 for any one vendor or professional in the same fiscal year. Additionally, the city manager may also approve and sign contracts between the city and other government agencies and non-profit organizations that are "no cost" to the city and do not impose or assume any liability to the city that it would not otherwise have in the absence of the contract. The city manager shall notify the city council in writing at least once per month of the execution of any contracts executed by the city manager for the city.
(Prior code § 2310.070; Ord. 1865 § 1, 2012; Ord. 1870 § 3, 2013)
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.
(Prior code § 2310.080)
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.
(Prior code § 2310.090)
It shall be the duty of the city manager to, and he or she shall, appoint, remove, promote, demote, and discipline any and all officers and employees of the city, except the city treasurer and city attorney, unless otherwise prescribed by this code.
(Prior code § 2310.100; Ord. 1962 § 3, 2022)
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.
(Prior code § 2310.110)
It shall be the duty of the city manager to prepare, and he or she shall recommend to the city council for adoption, such measures and ordinances as he or she deems necessary or appropriate for the effective governance of the city.
(Prior code § 2310.120)
It shall be the duty of the city manager to attend all meetings of the city council unless, at his or her request, he or she is excused therefrom by the mayor individually or the city council, except when his or her removal is under consideration.
(Prior code § 2310.130)
It shall be the duty of the city manager to keep the city council at all times fully advised as to the financial condition and needs of the city.
(Prior code § 2310.140)
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 for its approval.
(Prior code § 2310.150)
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 his or her authorized representative. The city manager, or his or her authorized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the city.
(Prior code § 2310.160)
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 obligation to 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 said city.
(Prior code § 2310.170)
It shall be the duty of the city manager and he or she shall exercise general supervision over all public buildings, and all other public property which are under control and jurisdiction of the city council.
(Prior code § 2310.180)
It shall be the duty of the city manager to devote his or her entire time to the duties of his or her office and in furthering the interest of the city.
(Prior code § 2310.190)
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 to her from time to time by ordinance or resolution or other official action of the city council.
(Prior code § 2310.200)
The city council and its members shall deal with the administrative service 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 council member shall give any orders or instructions to the city manager.
(Prior code § 2310.210)
It shall be the duty of all subordinate officers, the city clerk, the city treasurer and the city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously.
(Prior code § 2310.220)
The city manager may attend any and all meetings of the planning commission and any other commissions, boards or committees created by the city council, upon his or her 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 he or she 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 he or she shall cooperate to the fullest extent with the members of all commission, boards or committees appointed by the city council.
(Prior code § 2310.230)
The removal of the city manager may be effected with or without cause, but only by a majority vote of the whole city council as then constituted, convened in a regular, adjourned regular or special council meeting. The city manager shall be afforded at least 30 days' written notice of the effective date of his or her termination. Notwithstanding the provision of notice hereunder, the city council may, in its sole discretion, place the city manager on leave, with pay, immediately upon giving of a notice of termination. 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 nor does any stated reason of the city council for the intended removal or removal need to be one which constitutes cause.
(Prior code § 2310.240)
Nothing contained in this chapter shall be construed as a limitation on the power or authority of the city council to enter into any agreement with the city manager delineating additional terms and conditions of employment not inconsistent with any provisions of this chapter.
(Prior code § 2310.260)