Needles Municipal Code Art. VI City Manager

There shall be a city manager who shall be the chief administrative officer of the city. He shall be appointed by the affirmative vote of at least four members of the council and shall serve at the pleasure of the council, provided, however, that he shall not be removed from office except as provided in this Charter. He shall be chosen on the basis of his executive and administrative qualifications, with special reference to his actual experience in, and his knowledge of, accepted practice in respect to the duties of his office as herein set forth. He need not be a resident of the city or state at the time of his appointment, but during his tenure of office, he shall reside within the city.

No councilman shall be eligible for appointment to the office of city manager during the term for which he shall have been elected nor within two years thereafter.

The city manager shall be paid a salary commensurate with his responsibilities as chief administrative officer of the city, which salary shall be established by ordinance or resolution.

The city manager shall be head of the administrative branch of the city government. Except as otherwise provided in this Charter, he shall be responsible to the council for the proper administration of all affairs of the city. Without limiting the foregoing general grant of powers, responsibilities and duties, subject to the provisions of this Charter, the city manager shall have power and be required to:

1. Appoint, and he may suspend or remove, all department heads, officers and employees of the city except elective officers and those department heads, officers and employees the power of whose appointment is vested by this Charter in the council or in the board of hospital trustees, provided, however, that the appointment, suspension or removal of the director of public utilities shall be subject to the approval of the board of public utilities. He may authorize the head of any department or office to appoint or remove subordinates in such department or office.
2. Prepare the budget annually, submit it to the council, and be responsible for its administration after its adoption.
3. 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 fiscal year.
4. Keep the council advised of the financial conditions and future needs of the city and make such recommendations on any matter as may to him seem desirable.
5. Establish a centralized purchasing system for all city officers, departments and agencies.
6. Prepare rules and regulations governing the contracting for, purchasing, inspection, storing, inventory, distribution or disposal of all supplies, materials and equipment required by any office, department or agency of the city government and recommend them to the council for adoption by ordinance.
7. See that the laws of the state pertaining to the city, the provisions of this Charter and the ordinances, franchises and rights of the city are enforced.
8. Make investigations into the affairs of the city, or any department or division thereof, on any contract, or the proper performance of any obligation running to the city.
9. Exercise control over all administrative offices and departments of the city except the hospital department and over all appointive officers and employees except those appointed by the council or by the board of hospital trustees.
10. Perform such other duties as may be prescribed by this Charter or required of him by the council not inconsistent with this Charter.

The city manager shall be accorded a seat at the council table and at all meetings of boards and commissions and shall be entitled to participate in their deliberations, but shall not have a vote. He shall receive notice of all special meetings of the council, boards and commissions.

The city manager may prescribe such general rules and regulations as he may deem necessary or expedient for the general conduct of the administrative offices and departments of the city under his jurisdiction.

The city manager shall appoint, subject to the approval of the council, one of the other officers of the city to serve as manager pro tempore during any temporary absence or disability of the city manager. If he fails to make such appointment, the council may appoint a manager pro tempore.

Subject to the approval of the council, the city manager may act as head of any office, department or agency of the city under his control for which he is qualified by training or experience. If the city manager should act as director of public utilities, the approval of the board of public utilities shall also be required.

The city manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the council is elected. At any other time the city manager may be removed only at a regular meeting of the council and upon the affirmative votes of at least four members of the council. At least thirty days prior to the effective date of his removal, the city manager shall be furnished with a written notice stating the council's intention to remove him and the reasons therefore. Within seven days after receipt of such notice, the city manager may by written notification to the city clerk request a public hearing before the council, in which event the council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to. The city manager shall appear and be heard at such hearing. After furnishing the city manager with written notice of his intended removal, the council may suspend him from duty, but his compensation shall continue until his removal as herein provided. In removing the city manager, the council shall use its uncontrolled discretion, and its actions 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 council and the city manager to present to each other and to the public all pertinent facts prior to the final action of removal.

Except as otherwise provided in this Charter, neither the mayor nor the council nor any of its members shall interfere with the execution by the city manager of his powers and duties, or order, directly or indirectly, the appointment by the city manager, or by any of the department heads in the administrative service of the city, of any person to any office or employment, or his removal therefrom. Except for the purpose of inquiry, the mayor, the council or its members shall deal with the administrative service under the jurisdiction of the city manager solely through the city manager, and neither the mayor, nor the council, nor any member thereof shall give orders to any subordinate of the city manager, either publicly or privately. (A.C.R. No. 231, 4-29-74)