CC SR 20170307 05 - Revisions to Muni Code Chapter 2.08RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 03/07/2017
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to provide direction on the proposed revisions to
Rancho Palos Verdes Municipal Code Chapter 2.08
RECOMMENDED COUNCIL ACTION:
(1) Provide direction on the proposed revisions to Rancho Palos Verdes Municipal
Code Chapter 2.08.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Dave Aleshire, City Attorney
REVIEWED BY: Gabriella Yap, Deputy City Manager; -
APPROVED BY: Doug Willmore, City Managerly{
ATTACHED SUPPORTING DOCUMENTS:
A. Chapter 2.08 — Redlined (page A-1)
B. Chapter 2.08 — Clean (page B-1)
BACKGROUND AND DISCUSSION:
At the July 19, 2016, City Council meeting Council Member Duhovic requested a future
agenda item to review Municipal Code Chapters 2.04 (City Council) and 2.08 (City
Manager). The City Council reviewed Chapter 2.04 at its meeting on January 17, 2017,
and continued the discussion of Chapter 2.08 to the meetings of February 7, 2017, and
February 21, 2017, and subsequently to tonight's meeting.
A sub -committee consisting of Mayor Dyda and Council Member Duhovic has been
working with the City Attorney to develop revised language for Municipal Code Chapter
2.08 (City Manager). Attached for the City Council's review is the most recent draft of
Chapter 2.08 that has been prepared by the sub -committee and the City Attorney.
The most recent draft of Chapter 2.08 (City Manager) makes the following revisions:
Adds new section 2.08.020 (General Responsibilities).
Deletes section 2.08.120 (Hearing).
1
Revises sections 2.08.010 (Office created), 2.08.030 (Council member eligibility),
2.08.050 (Acting city manager), 2.08.060 (Compensation), 2.08.070 (Powers and
duties), 2.08.020 (Council-manager relations), 2.08.090 (Departmental
cooperation), 2.08.100 (Attendance at commission meetings), 2.08.110
(Removal- Procedure), Removal- Suspension pending hearing), 2.08.140
(Removal- At -will employee), 2.08.150 (Removal- Limitation), 2.08.160 (Terms of
employment), and 2.08.170 (Agreements on employment).
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council's consideration:
Take other action as deemed appropriate by the City Council.
2
Chapter 2.08 - CITY MANAGER
Sections:
2.08.010
Office created.
2.0_8.020
General responsibilities.
2.08.030
Council member eligibility.
2.08.040
Bond.
2.08.050
Acting city manager.
2.08.060
Compensation.
2.08.070
Powers and duties.
2.08.080
Council-manager relations.
2.08.090
Departmental cooperation.
2.08.095
Council advice on appointment of certain managers
2.08.100
Attendance at commission meetings.
2.08.110
Removal—Procedure.
2.08.130
Removal—Administrative leayeS spensien pending hearing
2.08.140
Removal—At will employeeniSGretmen of GG innil
2.08.150
Removal—Limitation.
2.08.160
Terms of employment.
2.08.170
Agreements on employment.
2.08.010 - Office created.
The office of the city manager of the city is created and established. The city
manager shall be appointed by the city council wFo"�Pthe basis of his adMinistrative
and exec t ve ab1 t„ anc l ualirinariron:,. and shall hold office -Jdu4n,--- the pleasure of the
city council, except as otherwise provided in this chapter.
(Ord. 19 § 1 (part), 1974)
2.08.020 – General responsibilities.
The city manager shall be the administrative head of the Rancho Palos Verdes
municipal city government under the direction of the city council except as otherwise
provided in chapter 2.08.070. The city manager shall be responsible for the efficient
management of the affairs of the city and shall ensure that the best interests of the
citizens and businesses are maintained at all times.
2.08.030 - Council member eligibility.
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. 19 § 1 (part), 1974)
01203.0001/322265.6 Page 1
A-1
The city manager shall furnish a corporate surety bond to be approved by the city
council in such sum as may be determined by the city council and shall be conditioned
upon the faithful performance of the duties imposed upon the city manager as
prescribed in this chapter. Any premium for such bond shall be a proper charge against
the city.
(Ord. 19 § 1 (part), 1974)
2.08.050 - Acting city manager.
When the city manager will be away from the office for more than one day
(temporary illness, disability, scheduled absence, etc.), the city council shall be so
notified and the deputy city manager or other departmental director as the city manager
may designate in writing filed with the city clerk shall be designated and delegated
"acting" city manager authority. If the city manager fails to designate an "acting city
manager" the city council may designate a qualified city administrative officer to
exercise the powers and perform the duties of manager during the temporary absence
or disability.ln the event that aR assistant city manager is appointed S Gh assistant shall
manager'sserve as manager pro tempere during any temporary absenGe er disability of the Git
manager. in the event there is no assistant Gity manager, the Gity manager, by a letter
filed with the Gity Glerk, er Of the Gity maRager is unable er fails te de se, the Gity GeUnGiI
shall designate a qualified Gity administrative OffiGer to exeFGise the powers and per -form
the duties of manager during his ternporary absence or disability. in the event the Git
may, after the three-month period! appoint an aGtiRg pity manager,
, � iay �-atz..i—�rrc �rrree-moi�arr-� , «r,-Rccmcf�t�--nrarragarr.
(Ord. 19 § 1 (part), 1974)
2.08.060 - Compensation.
A. The city manager shall receive such compensation pursuant to contract or as the
city council from time to time determines by resolution, and said compensation shall
be a proper charge against such funds of the city as the city council designates.
B. In addition, the city manager shall be reimbursed for all actual and necessary
expenses incurred by himinthe performance of their4is official duties, including
those incurred when traveling on business pertaining to the city and as authorized
by the city council. Reimbursement fh&r-efe-=shall en4y-be made,however, when an
itemized claim, setting forth the sums expended for such business for which
reimbursement is required, has been presented to and approved by the city council
or to such other officer as the city council may designate. The ^it„ GE)un^il may h„
(Ord. 19 § 1 (part), 1974)
01203.0001/322265.6 Page 2
A-2
011:11NIM .-- e. 1. fro ll l 3►7�
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. He shall be responsible for the efficient administration of all the affairs of the
city which are under his control. In addition to his general powers as administrative
head, and not as a limitation thereon, the city manager shall have the following powers
and duties:
A. Ordinances) aw Enforr+ement. To enforce all laws and ordinances of the city
and see that all franchises, contracts, permits and privileges granted by the city
are faithfully observed;
B. Management AuthorityOvrEmployees. To maintain management control,
ordeFand give -provide directions to all department heads of departments and
to -subordinate officers and employees of the city under his ii irisdintion through
their department heads;
C. Power of Appointment and Removal. To appoint, remove, promote and demote
any and all cidofficers and employees, except for elected officials and the city
attorney, subject to the following, (i) compliance with applicable provisions of
the negotiated employee union collective bargaining agreement then in effect;
ii of the Gity,exGept the Gity attorney, subjeGt to all applicable personnel
ordinances, rules and regulations; and iii „cls ding—the council advice
provisions of Section 2.08.095 (GoenGil AdViGe on appointment of Gertoin
D. Administrative O rganization of Q frice:. To conduct studies and effect such
administrative organization or reorganization of offices, positions or units def
his direction as may be indicated in the interest of efficient, effective and
economical conduct of the city's business with concurrence of the city council;
E. Ordinances. To recommend to the city council for adoption such measures and
ordinances as 4e-deemeds appropriateReEessaFy;
F. AtteRdanee at Council Meetings. To attend all meetings of the city council
unless excused therefrom by the mayor individually or city council as a whole,
except when his removal is under consideration;
G. Financial Reports. To keep the city council at all times advised as to the
financial condition and needs of the city;
H. Budget. To prepare and submit the proposed annual budget and the proposed
annual salary plan to the city council for consideration and As -approval;
Purchasing Agent. To purchase all supplies for all the departments or divisions
of the city in accordance with Chapters 2.14 and 2.44 of the RPVMC and to
submit such purchases to the city council for approvalaand to t all
expenditures oYvi proposed expenditures to the city Geunvil with his
re/+ommendations thereon;
01203.0001/322265.6 Page 3
A-3
J. Investigations and Complaints. 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; to investigate all complaints in
relation to matters concerning the administration of the city government and the
service maintained by public utilities in the city; to create processes to receive
complaints from citizens, vendors, and other aggrieved persons; to report on
any investigative activities and make recommendations to the city council. Athe
city council's discretion, the council may decide to conduct/oversee specific
resident, contractor and/or other non-employee complaints and investigations.
K. Public Buildings. To exercise general supervision over all public buildings,
public parks and all other public property which are under the control and
jurisdiction of the city council;
L. OtherAdd+fienal Duties. To perform such other duties and exercise such other
powers as may be delegated to the city manageri4p from time to time by
ordinance, resolution or other official action of the city council.
(Ord. 156 § 1, 1982; Ord. 19 § 1 (part), 1974)
(Ord. No. 588, § 1, 9-6-16)
2.08.080 - Council-manager relations.
The city council and its members shall deal with the administrative service of the
city ergthrough the city manager, evnent f„r the purpose of inquiry, and neither the nits,
ce ��, ,ei l nor any o rde�rs—to ,3 v—_, u i n a#es-of I'h e--ci*v
namapater. The city manager shall take his orders and instructions from the city he,
only when sitting in a duly convened meeting of the city council and no individual
councilman shall give any orders or instructions to the city manager. However, the city
council has ultimate oversight responsibility tar the overall operations of the Rancho
Palos Verdes municipal city government and may take any lawful action which shall be
deemed necessary to ensure that the city manager and the municipal organization are
fulfilling their respective responsibilities as city employees.
(Ord. 19 § 1 (part), 1974)
2.08.090 - Departmental cooperation.
I he administrative heads of the divisions or departments of the city shall report to
the city manager and shall it shallrl be the duty of all s berdinete nffTGers and the city
clerk, Gity treasurer and—Eit„ attorney to assist the city manager in administering the
affairs of the city efficiently, economically and harmoniously. , i iey shall be at -will
employees without contracts and the terms of their employment shall be established by
resolution or ordinance of the council.
(Ord. 19 § 1 (part), 1974)
01203.0001/322265.6 Page 4
A-4
2.08.095 - Council advice on appointment of certain managers.
Without diminishing the city manager's authority over any employees as provided in
this chapter, the city council shall exercise an advisory function with respect to the hiring
of certain management positions as specified herein. This shall apply to the heads of all
administrative departments of the city including the city clerk and the assistant or deputy
city manager, if there is one. In considering the recruitment or promotion of any person
to any such position, the city manager shall establish the process to recruit and evaluate
candidates, and shall determine the top candidates for the position, and shall provide to
the city council the materials used to make such determination. The confidentiality of the
materials including from the candidate's employer shall be maintained by council
members. The city council members may evaluate the final candidates as determined
by the city manager, and shall consult and advise the city manager as to their
evaluations of the candidates. The city manager may then select the candidate to be
awarded the position. The council may not nominate persons to such positions, nor is
the council's consent or approval required to appoint or remove a person from such
position, which decision shall continue to be made by the city manager.
(Ord. No. 588, § 2, 9-6-16)
2.08.100 - Attendance at commission meetings.
The city manager may attend any and all meetings of any commission, board or
committee created by the city council, upon his own volition or upon direction of the city
council. At such meetings which the city manager attends, he shall be heard by such
commissions, boards or committees as to all matters upon which he wishes to address
the members thereof, and he shall inform said members as to the status of any matter
being considered by the city council, and he shall cooperate to the fullest extent with the
members of all commissions, boards or committees appointed by the city council.
(Ord. 19 § 1 (part), 1974)
2.08.110 - Removal—Procedure.
Any city council member may request that the mayor convene a closed session
meeting to discuss the city manager's job performance which meeting shall be noticed
in accordance with state law. Should a majority of the members of the city council
decide that the city manager's job performance does not meet Council expectations, the
Council may initiate a job performance improvement plan or may terminate the city
manager.
the whole r.ey.n.r.il ass then Genstituted, Genvened on a regular GOunGil meeting, ,
however, to the previsiens of SeGtiens 2.08.120 (HeaFiRg) through 2.08.150 (Removal
Limitation). in Gase of his intended removal by the Gity GGunGil, the Gity manager shall
furnished with a written netffiGe statiRg the GeunGil'S iRtention te remove him and the
reason therefor, at aeast 90 days before the effective date of his removal
01203.0001/322265.6 Page 5
A-5
(Ord. 19 § 1 (part), 1974)
....... - -
2.08.130 - Removal—Administrative leave. Suspension pending hearing.
After furnishing the city manager with written notice of intended removal, which
need not provide reasons therefore, the city council may remove the city manager in
accordance with Section 2.08.140 of this chapter, or suspend the city managed from
duty, by placement on administrative leave, but 4& -compensation shall continue until 4+s
reinstatement or -removal by a majority of the membersresolution of the council passed
subsequent lent to the aforesaid hearing
(Ord. 19 § 1 (part), 1974)
2.08.140 - Removal—At will employeenis„retinn of „n„nGil.
The city manager is an at will employee and is subject to removal without cause.
Any rights shall be set forth in the city manager's agreement per Section 2.08.160. In
removing the city manager, the city council shall use its soleunGontrellecl discretion and
its action shall be final and shall Ret „nen any nartiGLA!ar she mien or degree C)T
proof at the hearing, the purpose of which is te allow the Gity manager to present to the
Git y GO innil his grounds of nppnsitinn to his removal prier to its e/+tinn
(Ord. 19 § 1 (part), 1974)
2.08.150 - Removal—Limitation.
Notwithstanding the provisions of Sections 2.08.110 (Removal—Procedure) through
2.08.140 (Removal—Discretion of Council), 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. The purpose of this section 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 office.
After the expiration of the 90 -day period, the provisions of Sections 2.08.110
(Removal—Procedure) through 2.08.140 (Removal—Discretion of Council) as to the
removal of the city manager shall apply and be effective.
01203.0001/322265.6 Page 6
A-6
(Ord. 19 § 1 (part), 1974)
2.08.160 - Terms of employment.
The Gity manager shall devote all the tirne neGessary te fi illy and GE)Fnpletely per -form
the —duties spec+f+ed o ; this Ghapter.The city manager shall not accept outside
employment while employed by the city_ eXG
The specific Terms and Conditions of the city manager's employment shall be
detailed in a mutually agreed upon Employee Agreement that is approved by a majority
of the city council. Anv contract must contain the followina:
A. The city manager is an at will employee who can be removed with or without
cause, with the grounds for cause specified in the agreement.ue may engage in
OGGaslenal +eaGhinno i iwriting Or Genstting on his timeff
o•
,
B. The city manager can be paid a severance payment for removal without cause
at separation not exceeding the equivalent to the monthly salary of the city
manager times the number of months remaining on the unexpired term of
contract, but not exceeding 18, or as otherwise provided in Government Code
Section 53260, not including benefits.He may in s, �Gi ddtd
teaGhinn writing �YTting er other nen_Gity related business as nit y
cc�rn-rrc�°°-rc� �--v�v
G0 unril may
expressly a etherize
C. Any severance payment must be contingent on waiving any claims against the
city.
D. The city manager shall be subject to periodic evaluation and review.
E. The city manager shall receive at least the same benefits as generally received
by department heads.
(Ord. 19 § 1 (part), 1974)
2.08.170 - Agreements on employment.
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 duties, obligations, policies or terms and conditions of
employment consistentne+ in/+ensis+en+ with thea-ny provisions of this chapter.
(Ord. 19 § 1 (part), 1974)
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A-7
Chapter 2.08 - CITY MANAGER
Sections:
2.08.010
Office created.
2.08.020
General responsibilities.
2.08.030
Council member eligibility.
2.08.040
Bond.
2.08.050
Acting city manager.
2.08.060
Compensation.
2.08.070
Powers and duties.
2.08.080
Council-manager relations.
2.08.090
Departmental cooperation.
2.08.095
Council advice on appointment of certain managers.
2.08.100
Attendance at commission meetings.
2.08.110
Removal—Procedure.
2.08.130
Removal—Administrative IeaveSuspension pending hearing.
2.08.140
Removal—At will employee.
2.08.150
Removal—Limitation.
2.08.160
Terms of employment.
2.08.170
Agreements on employment.
2.08.010 - Office created.
The office of the city manager of the city is created and established. The city manager
shall be appointed by the city council and shall hold office at the pleasure of the city
council, except as otherwise provided in this chapter.
(Ord. 19 § 1 (part), 1974)
2.08.020 – General responsibilities.
The city manager shall be the administrative head of the Rancho Palos Verdes
municipal city government under the direction of the city council except as otherwise
provided in chapter 2.08.070. The city manager shall be responsible for the efficient
management of the affairs of the city and shall ensure that the best interests of the citizens
and businesses are maintained at all times.
2.08.030 - Council member eligibility.
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. 19 § 1 (part), 1974)
9911.0111'1 0J
01203.0001/322265.6 Page 1
B-1
The city manager shall furnish a corporate surety bond to be approved by the city
council in such sum as may be determined by the city council and shall be conditioned
upon the faithful performance of the duties imposed upon the city manager as prescribed
in this chapter. Any premium for such bond shall be a proper charge against the city.
(Ord. 19 § 1 (part), 1974)
2.08.050 - Acting city manager.
When the city manager will be away from the office for more than one day (temporary
illness, disability, scheduled absence, etc.), the city council shall be so notified and the
deputy city manager or other departmental director as the city manager may designate in
writing filed with the city clerk shall be designated and delegated "acting" city manager
authority. If the city manager fails to designate an "acting city manager" the city council
may designate a qualified city administrative officer to exercise the powers and perform
the duties of manager during the temporary absence or disability.(Ord. 19 § 1 (part), 1974)
2.08.060 - Compensation.
A. The city manager shall receive such compensation pursuant to contract or as the city
council from time to time determines by resolution, and said compensation shall be a
proper charge against such funds of the city as the city council designates.
B. In addition, the city manager shall be reimbursed for all actual and necessary
expenses incurred in the performance of their official duties, including those incurred
when traveling on business pertaining to the city and as authorized by the city council.
Reimbursement shall be made when an itemized claim, setting forth the sums
expended for such business for which reimbursement is required, has been
presented to and approved by the city council or to such other officer as the city
council may designate.
(Ord. 19 § 1 (part), 1974)
2.08.070 - Powers and duties.
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.
He shall be responsible for the efficient administration of all the affairs of the city which
are under his control. In addition to his general powers as administrative head, and not
as a limitation thereon, the city manager shall have the following powers and duties:
A. Ordinances. To enforce all laws and ordinances of the city and see that all
franchises, contracts, permits and privileges granted by the city are faithfully
observed;
B. Management Authority. To maintain management control, and provide direction
to all department heads, subordinate officers and employees of the city;
01203.0001/322265.6 Page 2
B-2
C. Power of Appointment and Removal. To appoint, remove, promote and demote
all city officers and employees, except for elected officials and the city attorney,
subject to the following, (i) compliance with applicable provisions of the
negotiated employee union collective bargaining agreement then in effect; (ii) all
applicable personnel ordinances, rules and regulations; and (iii) the council
advice provisions of Section 2.08.095;
D. Administrative Organization. To conduct studies and effect such administrative
organization or reorganization of offices, positions or units as may be indicated
in the interest of efficient, effective and economical conduct of the city's business
with concurrence of the city council;
E. Ordinances. To recommend to the city council for adoption such measures and
ordinances as deemed appropriate;
F. Council Meetings. To attend all meetings of the city council unless excused
therefrom by the mayor individually or city council as a whole, except when his
removal is under consideration;
G. Financial Reports. To keep the city council at all times advised as to the financial
condition and needs of the city;
H. Budget. To prepare and submit the proposed annual budget to the city council
for consideration and approval;
I. Purchasing Agent. To purchase all supplies for all the departments or divisions
of the city in accordance with Chapters 2.14 and 2.44 of the RPVMC and to
submit such purchases to the city council for approval;
Investigations and Complaints. 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; to investigate all complaints in relation
to matters concerning the administration of the city government and the service
maintained by public utilities in the city; to create processes to receive complaints
from citizens, vendors, and other aggrieved persons; to report on any
investigative activities and make recommendations to the city council. At the city
council's discretion, the council may decide to conduct/oversee specific resident,
contractor and/or other non-employee complaints and investigations.
K. Public Buildings. To exercise general supervision over all public buildings, public
parks and all other public property which are under the control and jurisdiction of
the city council;
L. Other Duties. To perform such other duties and exercise such other powers as
may be delegated to the city manager from time to time by ordinance, resolution
or other official action of the city council.
(Ord. 156 § 1, 1982; Ord. 19 § 1 (part), 1974)
(Ord. No. 588, § 1, 9-6-16)
01203.0001/322265.6 Page 3
B-3
2.08.080 - Council-manager relations.
The city council and its members shall deal with the administrative service of the city
through the city manager. The city manager shall take his orders and instructions from
the city council only when sitting in a duly convened meeting of the city council and no
individual councilman shall give any orders or instructions to the city manager. However,
the city council has ultimate oversight responsibility for the overall operations of the
Rancho Palos Verdes municipal city government and may take any lawful action which
shall be deemed necessary to ensure that the city manager and the municipal
organization are fulfilling their respective responsibilities as city employees.
(Ord. 19 § 1 (part), 1974)
2.08.090 - Departmental cooperation.
The administrative heads of the divisions or departments of the city shall report to the
city manager and shall assist the city manager in administering the affairs of the city
efficiently, economically and harmoniously. They shall be at -will employees without
contracts and the terms of their employment shall be established by resolution or
ordinance of the council.
(Ord. 19 § 1 (part), 1974)
2.08.095 - Council advice on appointment of certain managers.
Without diminishing the city manager's authority over any employees as provided in
this chapter, the city council shall exercise an advisory function with respect to the hiring
of certain management positions as specified herein. This shall apply to the heads of all
administrative departments of the city including the city clerk and the assistant or deputy
city manager, if there is one. In considering the recruitment or promotion of any person to
any such position, the city manager shall establish the process to recruit and evaluate
candidates, and shall determine the top candidates for the position, and shall provide to
the city council the materials used to make such determination. The confidentiality of the
materials including from the candidate's employer shall be maintained by council
members. The city council members may evaluate the final candidates as determined by
the city manager, and shall consult and advise the city manager as to their evaluations of
the candidates. The city manager may then select the candidate to be awarded the
position. The council may not nominate persons to such positions, nor is the council's
consent or approval required to appoint or remove a person from such position, which
decision shall continue to be made by the city manager.
(Ord. No. 588, § 2, 9-6-16)
2.08.100 - Attendance at commission meetings.
The city manager may attend meetings of any commission, board or committee
created by the city council, upon his own volition or upon direction of the city council. At
01203.0001/322265.6 Page 4
B-4
such meetings which the city manager attends, he shall be heard by such commissions,
boards or committees as to all matters upon which he wishes to address the members
thereof, and he shall inform said members as to the status of any matter being considered
by the city council, and he shall cooperate to the fullest extent with the members of all
commissions, boards or committees appointed by the city council.
(Ord. 19 § 1 (part), 1974)
2.08.110 - Removal—Procedure.
Any city council member may request that the mayor convene a closed session
meeting to discuss the city manager's job performance which meeting shall be noticed in
accordance with state law. Should a majority of the members of the city council decide
that the city manager's job performance does not meet Council expectations, the Council
may initiate a job performance improvement plan or may terminate the city manager.
(Ord. 19 § 1 (part), 1974)
2.08.130 - Removal—Administrative leave.
After furnishing the city manager with written notice of intended removal, which need
not provide reasons therefore, the city council may remove the city manager in
accordance with Section 2.08.140 of this chapter, or suspend the city manager from duty
by placement on administrative leave, but compensation shall continue until
reinstatement or removal by a majority of the members of the council.
(Ord. 19 § 1 (part), 1974)
2.08.140 - Removal—At will employee.
The city manager is an at will employee and is subject to removal without cause. Any
rights shall be set forth in the city manager's agreement per Section 2.08.160. In
removing the city manager, the city council shall use its sole discretion and its action shall
be final.
(Ord. 19 § 1 (part), 1974)
2.08.150 - Removal—Limitation.
Notwithstanding the provisions of Sections 2.08.110 (Removal—Procedure) through
2.08.140 (Removal—Discretion of Council), 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. The purpose of this section 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 office. After the
01203.0001/322265.6 Page 5
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expiration of the 90 -day period, the provisions of Sections 2.08.110 (Removal—
Procedure) through 2.08.140 (Removal—Discretion of Council) as to the removal of the
city manager shall apply and be effective.
(Ord. 19 § 1 (part), 1974)
2.08.160 - Terms of employment.
The city manager shall not accept outside employment while employed by the city.
The specific Terms and Conditions of the city manager's employment shall be
detailed in a mutually agreed upon Employee Agreement that is approved by a majority
of the city council. Any contract must contain the following:
A. The city manager is an at will employee who can be removed with or without
cause, with the grounds for cause specified in the agreement.
B. The city manager can be paid a severance payment for removal without cause
at separation not exceeding the equivalent to the monthly salary of the city
manager times the number of months remaining on the unexpired term of
contract, but not exceeding 18, or as otherwise provided in Government Code
Section 53260, not including benefits.
C. Any severance payment must be contingent on waiving any claims against the
city.
D. The city manager shall be subject to periodic evaluation and review.
E. The city manager shall receive at least the same benefits as generally received
by department heads.
(Ord. 19 § 1 (part), 1974)
2.08.170 - Agreements on employment.
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 duties, obligations, policies or terms and conditions of employment
consistent with the provisions of this chapter.
(Ord. 19 § 1 (part), 1974)
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