Ord 19ORDINANCE NO. 19
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
CREATING AND ESTABLISHING THE OFFICE OF CITY MANAGER,
DEFINING THE DUTIES AND POWERS THEREOF
AND PROVIDING COMPENSATION THEREFORE
THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. Office Created. The office of the City Manager of the City
of Poway is hereby created and established. The City Manager shall be
appointed by the City Council on the basis of administrative and executive
ability and.qualifications and shall hold office for and during the
pleasure of the City Council.
Section 2. Residence. Residence in the City of a City Manager while
encouraged, shall not be required as a condition of employment.
Section 3. Eligibility. No member of the City Council shall be
eligible for appointment as City Manager until one year has elapsed after
such Council member shall have ceased to be a member of the City Council.
Section 4. Bond. The City Manager and Acting City Manager shall
furnish a corporate surety bond to be approved by the City Council in such
sum as may be determined by the said City Council, and shall be conditioned
upon the faithful performance of the duties imposed upon the City Manager
and acting City Manager as herein prescribed. Any premium for such bond
shall be a proper charge against the City of Poway.
Section 5. Acting City Manager. 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 desig-
nate a qualified city employee to exercise the powers and perform the
duties of City Manager during the temporary absence or disability. In the
event the City Manager's absence or disability extends over a two month
period, the City Council may, after the two month period, appoint an Acting
City Manager.
Section 6. Compensation. The City Manager shall receive such compen-
sation 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 in the performance of official duties.
On termination of employment of the City Manager by reason of involun-
tary removal from service other than for willful misconduct in office, the
City Manager shall receive cash severance pay in a lump sum in an amount to
be determined by the City Council, if any.
Ordinance No. 19
Page 2
Section 7. Powers and Duties. The City Manager shall be the adminis-
trative head of the government of the City under the direction and control
of the City Council except as otherwise provided in this Ordinance. The
City Manager shall be responsible for the efficient administration of all
the affairs of the City which are under the Manager's control. In addition
to these general powers as administrative head, and not as a limitation
thereon, it shall be the duty and the City Manager shall have the powers
set forth in the following subsections.
7.1 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 faith-
fully observed.
7.2 Authority Over Employees. It shall be the duty of the City
M~nager, and the City Manager 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 the City Manager's jurisdiction through
their department heads.
7.3 Power of Appointment and Removal. It shall be the duty of
the City Manager to, appoint, remove, promote and demote any and all
officers and employees of the City of Poway, subject to all applicable
personnel ordinances, rules and regulations except for the City Attorney,
City Clerk and City Treasurer, who shall serve at the pleasure of the City
Council.
7.4 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 the
City Manager's direction as may be indicated in the interest of efficient,
effective and economical conduct of the City's business.
7.5 Ordinances. It shall be the duty of the City Manager to
recommend to the City Council for adoption such measures and ordinances as
deemed necessary by the City Manager.
7.6 Attendance at Council Meeting. It shall be the duty of the
City Manager to attend all meetings of the City Council unless, at the City
Manager's request, the Manager is excused therefrom by the Mayor
individually or the City Council.
7.7 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
condition and needs of the City.
7.8 Budget. 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.
7.9 Expenditure Control and Purchasing. It shall be the duty of
the City Manager to see that no expenditures shall be submitted or recom-
mended to the City Council except on approval of the City Manager or
Ordinance No. 19
Page 3
authorized representative. The City Manager or authorized representative,
shall be responsible for the purchase of all supplies for all the
departments or divisions of the City.
7.10 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 for 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 main-
tained by public utilities in said City.
7.11 Public Buildings. It shall be the duty of the City Manager
to exercise general superivsion over all public buildings, public parks,
and all other public property which are under the control and jurisdiction
of the City Council.
7.12 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 from time to time by ordinance or resolution or other official
action of the City Council.
Section 8. Internal Relations.
8.1 Council-Manager Relations. 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 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.
8.2 Departmental Cooperation. It shall be the duty of all sub-
ordinate officers and the City Clerk, City Treasurer, and City Attorney to
assist the City Manager in administering the affairs of the City effi-
ciently, economically and harmoniously.
8.3 Attendance at Commission Meetings. 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 the
City Manager's own volition or upon direction of the City Council. At such
meetings which the City Manager attends, the City Manager 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 the City Manager
shall inform said 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.
Ordinance No. 19
Page 4
Section 9. limitation on removal. Notwithstanding the provisions of
Section 1 hereinabove set forth, the City Manager shall not be removed from
office, other than for misconduct in office, during or within a period of
ninety (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 Councilman 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 his office. After the expiration of
said ninety (90) day period aforementioned, the provisions of Section 1 as
to the removal of said City Manager shall apply and be effective.
Section 10. Agreements on employment. Nothing in this ordinance 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 ordinance.
Section 11. Effective date. This Ordinance shall be effective thirty
(30) days after its adoption and the City Clerk shall certify to the adop-
tion of this Ordinance and cause it to be published at least once in the
Poway News Chieftain within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of
the City of Poway, California, held the 3rd day of February, 1981, and
thereafter PASSED AND ADOPTED at a regular meeting of said City Council
held the 17th day of February 1981, by the following vote, to wit:
AYES: COUNCILMEN: Emery, Oravec,Shepardson, Tarzy, Rexrode
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
/ MAYOR
ATTEST:
C CLERK