Issue | Background | Findings | Conclusions | Recommendations | Responses | Attachments Authority Of Elected Atherton

Powers of the City Manager Atherton’s Municipal Code provides broad powers to the City Manager. “2.12.070 Powers and duties. The city manager shall be the administrative head of the government of the town under the direction and control of the city council, except as otherwise provided in this chapter. He shall be responsible for the efficient administration of all the affairs of the town which are under his control.” Section 2.12.070 further provides as follows (emphasis added in bold): “In addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the powers set forth in the following subsections (not all are listed): “B. To control, order and give directions to all heads of departments, except the city attorney, and to subordinate officers and employees of the town through their department head, and consolidate or combine offices, positions, departments or units under his direction;” “C. To appoint, remove and demote any and all officers and employees of the town except the mayor, councilmen, chairman and members of the planning commission and the city attorney;” “K. To make investigations into the affairs of the town or any department or division thereof and any contract for the proper performance thereof;” “L. To investigate all complaints in relation to matters concerning the administration of the town government and in regard to the service maintained by public utilities in such town;”

Role of Individual City Council Members in Personnel Matters In contrast to the broad role given the City Manager, the role of council members in administrative matters is much more constrained. In regards to the role of individual Town Council Members in personnel matters, the Atherton Code provides as follows (emphasis added): 2 “2.12.080 Cooperation of subordinate officers. “A. The city council and its members shall deal with the administrative services of the town through the city manager, except for the purpose of inquiry; and neither the city council nor any member thereof shall give orders to the subordinates of the city manager, except in the event of an emergency endangering life or property.” “B. It shall be the duty of all subordinate officers, including the city attorney, to cooperate with and assist the city manager in administering the affairs of the town most efficiently, economically and harmoniously, so far as may be consistent with their duties as prescribed by the law and ordinances of the town.” “C. Upon appointment of the city manager, the terms of subordinate officers over whom he has power of appointment or removal shall cease unless they are reappointed by him. All powers heretofore vested in the city council or in any other officer or employee of the town ordinance, resolution or other action of the council which are by this chapter vested in the city manager, shall be deemed to be transferred to the city manager as though all such ordinances, resolutions or other actions had been specifically amended.” Conclusions The Grand Jury concludes that: The Atherton Municipal Code clearly vests in the City Manager the authority and responsibility to conduct the administrative operations of the Town. In fact, Atherton Municipal Code section 2.12.080 (A) allows individual city council members to directly “deal with the administrative services of the town” only for the “purpose of inquiry.” It is the Grand Jury’s view, given the overall structure of the “city manager form of government” adopted by the Town of Atherton, that this “purpose of inquiry” exception should be narrowly construed, to allow inquiry where appropriate to ensure that the City Manager is carrying out his or her duties, but not to undertake investigative activities of subordinate Town officials other than through the City Manager. While the Town did ultimately hire an outside investigator to investigate the activities of the Town’s finance director, it is evident that at least one Council member undertook independent investigative activities. The Grand Jury questions the wisdom of giving council members independent investigative power. Allowing a member of the Council to initiate an investigation and to publicize those actions undermines the public’s perception of the integrity or, perhaps, competence, of the office of the Town Manager and is contrary to the intent of the Atherton Municipal Code. The Council as a whole should discourage members from acting as independent investigators, and encourage all members to work through the City Manager. 3