Part one in a series.
No, residents don’t get to vote on hiring the city manager.
The Seal Beach City Charter is a 40-page mini-constitution. The charter was adopted on Jan. 4, 1964. The file found on the city website labeled the charter “Final 2014.”
Selection
The city manager is hired by the council. The city manager serves at the pleasure of the council. That means a majority of three votes can hire the city manager and fire the city manager at any time.
The average tenure of a city manager in California is four-and-half years, according to a 2023 study by the Rose Institute of State and Local Government at Claremont McKenna College.
“There shall be a City Manager appointed by the City Council who shall be the chief administrative officer of the City,” according to Article VI, Section 600 of the Charter.
“In the selection of a City Manager, the City Council shall screen qualified applicants and other qualified persons known by the Council to be available,” according to the charter.
“It shall appoint by a majority vote, the person that it believes to be best qualified on the basis of his/her executive and administrative qualifications, with special reference to experience in, and 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,” according to the Charter.
The residence requirement was repealed in 2002.
A current council member can’t become a city manager.
“No person shall be eligible to receive appointment as City Manager while serving as a member neither of the City Council nor within one (1) year after the member has ceased to be a City Councilmember,” according to Article VI, Section 602.
As of Oct. 7, the Seal Beach City Council has not hired a consultant to search for a new city manager. City Council candidates Ben Wong (running unopposed in District Two) and Patty Senecal (running unopposed in District Four) have asked the current council to wait until after the election before searching for a new city manager.
“The City Manager shall not be removed from office during or within a period of ninety (90) 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 entire membership of the City Council,” according to Article VI, Section 607.
What does “regular meeting” mean?
City Attorney Nick Ghirelli offered a definition.
“The reference to ‘regular meeting’ in Article VI, Section 607, of the City Charter refers to a regular meeting under the Brown Act, i.e., a regularly scheduled City Council meeting, which can include both an open and closed session. Put another way, the City Manager may not be removed at a ‘special meeting’ of the City Council,” wrote Ghirelli.
Pay
The Charter doesn’t establish minimum or maximum pay for the city manager. Again, that’s the council’s decision.
“The City Manager shall be paid a salary commensurate with his/her responsibilities as Chief Administrative Officer of the City, which salary shall be established by ordinance or resolution. The City Manager shall furnish a corporate surety bond conditioned upon the faithful performance of his/her duties in such form and in such amount as may be determined by the City Council,” according to Article VI, Section 603.
“The City Manager shall be accorded a seat at the City 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,” according to Article VI, Section 606.
City manager pro tempore
There’s a provision for a temporary manager.
“The City Manager shall appoint, subject to the approval of the City Council, one of the other officers or department heads of the City to serve as Manager Pro Tempore during any temporary absence or disability of the City Manager. If the Manager fails to make such appointment, the City Council may appoint an officer or department head to serve as such Manager Pro Tempore,” according to Article VI, Section 609.
Seal Beach hasn’t had a manager pro tempore in recent memory. Seal Beach currently has an assistant city manager position. Before that, the position was called assistant to the city manager. The first assistant city manager was Jill Ingram, who officially leaves office on Oct. 31. The current assistant city manager is Patrick Gallegos, who is acting city manager until Nov. 1 when he becomes interim city manager.
Powers
Section 604, Article VI, lists the city manager’s powers and duties:
• Enforce all city laws and see that “all franchises, permits and privileges granted by the City are faithfully observed.”
• Control all departments and employees except the city attorney.
• To appoint, promote, or fire all employees except the city attorney, subject to Civil Service rules.
• To organize the offices or departments under their direction.
• To attend all council meetings unless excused.
• To recommend the City Council adopt measures as they deem necessary.
• To serve as the city’s chief financial officer. “(Amended by Statutes 1973).”
• To submit an annual or bi-annual budget to the council and be responsible for administering the budget.
• To recommend a salary plan for all city employees.
• To organize and supervise buying supplies for all city departments. “No expenditure shall be submitted or recommended to the City Council except on report and approval of the City Manager.”
• To investigate city affairs, any city department, any contract, and proper performance of obligations to Seal Beach or the city’s obligations.
• To investigate complaints about administration of Seal Beach’s government and “services maintained by public utilities in the City.”
• To supervise all public buildings, parks, and property under the City Council’s jurisdiction.
• To devote their entire time to the interests of Seal Beach, except as authorized by the council.
• To represent Seal Beach in discussions with county, state, federal agencies, and other cities, when the council asks.
• “To cooperate with leadership of civic movements designed to benefit the residents of the City when so directed by the City Council.”
• To attend any and all meetings of any commissions or committees the council creates.
• To act as the city’s personnel officer.
• “To perform such other duties and exercise such other powers as may be delegated to him/her from time to time by resolution, ordinance or other action of the City Council.”
