HomeMy WebLinkAbout3 - Council & Staff InteractionCHARTER OF THE CITY OF NEWPORT BEACH
Section 406. Interference in Administrative Service.
Neither the City 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 an office or employment or his removal therefrom. Except for
the purpose of inquiry, the City Council and its members shall deal with the
administrative service under the City Manager solely through the City Manager and
neither the City Council nor any member thereof shall give orders to any subordinates of
the City Manager, either publicly or privately.
Section 500. City Manager.
There shall be a City Manager appointed by the City Council who shall be the chief
administrative officer of the City. In the selection of a City Manager the City Council
shall screen all qualified applicants and other qualified persons known by the Council to
be available. It shall appoint by a majority vote, the person that it believes to be best
qualified on the basis of his executive and administrative qualifications, with special
reference to his experience in, and his knowledge of, accepted practice in respect to the
duties of the office as set forth in this Charter. The City Manager shall serve at the
pleasure of the City Council.
Section 504. Powers and Duties.
The City Manager shall be the head of the administrative branch of the City
government. He shall be responsible to the City Council for the proper administration of
all affairs of the City. Without limiting the foregoing general grant of powers,
responsibilities and duties, the City Manager shall have power and be required to:
(a) Appoint, and he may suspend or remove, subject to the provisions of this
Charter, all department heads and officers of the City except elective officers and
those department heads and officers the power of whose appointment is vested
by the Charter in the City Council, and approve or disapprove all proposed
appointments and removals of subordinate employees by officers or department
heads.
(b) Prepare the budget annually, submit such budget to the City Council and be
responsible for its administration after its adoption.
(c) Prepare and submit to the City 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.
(d) Keep the City Council advised of the financial condition and future needs of the
City and make such recommendations as may seem to him desirable.
(e) Establish a centralized purchasing system for all City offices, departments and
agencies.
(f) Prepare rules and regulations governing the contracting for, purchasing, storing,
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
City Council for adoption by it.
(g) See that the laws of the State pertaining to the City, the provisions of this Charter
and the ordinances of the City are enforced.
(h) Exercise control of all administrative offices and departments of the City and of
all appointive officers and employees except those directly appointed by the City
Council and prescribe such general rules and regulations as he may deem
necessary or proper for the general conduct of the administrative offices and
departments of the City under his jurisdiction.
(i) Perform such other duties consistent with this Charter as may be required of him
by the City Council.
Section 506. Removal.
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 City Council is
elected. At any other time the City Manager may be removed only at a regular meeting
of the City Council and upon the affirmative votes of a majority of the members of the
City Council.
Section 600. Officers to be Appointed by the City Council.
In addition to the City Manager, there shall be a City Attorney and a City Clerk, who
shall be appointed by and serve at the pleasure of the City Council and may be
removed only upon the affirmative votes of a majority of the members of the City
Council. (As amended effective January 20, 1959)
Section 601. Administrative Department.
The City Council may provide, by ordinance not inconsistent with this Charter, for the
organization, conduct and operation of the several offices and departments of the City
as established by this Charter, and for the creation of additional departments, divisions,
offices and agencies and for their consolidation, alteration or abolition. Each new
department created by the City Council shall be headed by an officer as department
head who shall be appointed and may be suspended or removed by the City Manager.
The City Council, by ordinance or resolution, may assign additional functions or duties
to offices, departments or agencies not inconsistent with this Charter. Where the
positions are not incompatible, the City Council may combine in one person the powers
and duties of two or more offices created or authorized by this Charter. No office
provided in this Charter to be filled by appointment by the City Manager may be
consolidated with an office to be filled by appointment by the City Council. The City
Council shall provide for the number, titles, qualifications, powers, duties and
compensation of all officers and employees.