The City Manager shall perform the duties set out in Article IV, Section 401 of the City Charter, and such other duties as may be assigned to him or her by duly adopted ordinance. In addition to the authority and duties outlined in Article IV, Section 401 of the City Charter, the City Manager shall:
A. Determine the items and order of such items on the City Council's meeting agendas, subject to direction from the Mayor and City Council. The City Manager shall include any agenda item requested by the presiding officer of the City Council for discussion and further direction from a majority of the City Council; and
B. Confer regularly with the City Attorney on legal issues; immediately notify the City Attorney if any important legal issues or difficulties that arise to obtain the legal advice of the City Attorney, and carefully consider such advice, understanding that recommendations of the City Attorney are advisory only. Neither the City Attorney, nor employees of the Office of the City Attorney, has the authority to issue orders to the City Manager or any of his/her subordinates; it is the responsibility of the City Manager to ensure that all Manager-directed departments and the employees of those departments perform all of their duties legally and that those departments and their employees are faithful in the observance, adherence, and enforcement of all pertinent laws, ordinances, and legal requirements in the performance of their duties and in their official conduct;
C. Sign all contracts, deeds, and other documents on behalf of the City when authorized to do so by the Mayor and City Council; and
D. See that all franchises, permits and privileges granted by the City, and the provisions of all contracts to which the City is a party, are faithfully observed; and
E. Consolidate or combine duties, offices, positions, departments or units under his or her direction, after informing and seeking input from the Mayor and City Council within the limits established by the Charter, this Code, or the annual budget; provided, however, that nothing herein contained shall be construed to supersede the authority of the Personnel Commission in the matter of disciplinary appeals; and
F. 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; and
G. Investigate as necessary all complaints and other matters concerning the administration of the City government. However, as to any complaint or other matter concerning the administration of the City Manager's office, it shall be referred to outside independent legal counsel for investigation; and
H. Close or restrict access to any and all public property owned or controlled by the City during the pendency of any construction, repair, remedial, maintenance or modification work on public property upon reasonable notice to the public posted at or near the site of the proposed work; and
I. Exercise general supervision over all public buildings, public parks, and other public property which are under the control and jurisdiction of the City Council and not specifically delegated to a particular board or officer; and
J. Designate City officers or employees of the City to exercise the powers authorized by Section 836.5(a) of the California Penal Code, including the issuance of citations for violations of the provisions of the San Bernardino Municipal Code pursuant to Sections 853.5 and 853.6 of the California Penal Code. He or she is also responsible for general policy supervision of the public safety functions and primary liaison between these departments and the City Council; and
K. Ensure the preparation, posting, and publication of City Council meeting agendas and of other Commission and Committee agendas in compliance with the law, as well as maintenance of the books and records of the City; and
L. Ensure 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 authorized representative shall purchase or cause to be purchased all supplies for all departments of the city, consistent with the terms of the City's Purchasing System set forth in Chapter 3.04 of the San Bernardino Municipal Code, and within the spending limits imposed by the City Council by resolution or as authorized by the City Council; and
M. Make such administrative rules and regulations as the City Manager deems necessary for the orderly administration of the various departments of the City.
M. Ensure 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 authorized representative shall purchase or cause to be purchased all supplies for all departments of the city, consistent with the terms of the City's Purchasing System set forth in Chapter 3.04 of the San Bernardino Municipal Code, and within the spending limits imposed by the City Council by resolution or as authorized by the City Council; and
(Ord. MC-1516, 5-01-19; Ord. MC-1440, 4-03-17; Ord. MC-839, 6-11-92; Ord. 2397, 11-21-61)