Within four (4) months after the effective date
of this Charter, the Mayor shall propose and submit to the Council
an administrative code for the municipal government consistent with
the provisions, spirit, and purpose of this Charter. If the Council
fails to adopt an administrative code by ordinance within two (2)
months after submission, the administrative code as proposed by the
Mayor shall stand adopted. At any time, the Council may adopt, by
ordinance, amendments to the administrative code.
The administrative code shall set forth the
organization and administrative structure and procedures of the municipal
government and shall include, among other things, an enumeration of
departments, offices, and other administrative units of the municipal
government and the division of powers among them; the internal procedures
for their operations; the duties of the administrative heads, and
their relationship to the Mayor and the Municipal Administrator. In
addition, the administrative code shall, at all times, make adequate
and specific provision for, but not be limited to, the following:
purchasing procedures; a personnel system; conflict of interest provisions;
a code of ethics; and any other rules, regulations, and procedures
necessary and desirable to the efficient administration of the municipality.
Purchasing procedures in the administrative
code shall include but not be limited to the following:
A.
All contracts shall be executed on behalf of the municipality
by the Mayor or his designated agent, except as otherwise provided
by this Charter or by applicable law.
B.
Except as otherwise provided in Section 803-D, all
contracts and transactions in excess of One Thousand ($1,000.00) Dollars,
to and including the sum of Nineteen Thousand Nine Hundred Ninety
Nine Dollars and Ninety Nine ($19,999.99) Cents, shall be awarded
to the lowest responsible bidder only upon and after the solicitation
of three (3) telephonic bids, where practicable, which bids shall
be obtained and noted in writing by the Administration as to the identity
of the bidder solicited, as well as the dates, times and amounts of
said bids. All contracts and transactions of Twenty Thousand ($20,000)
Dollars or more shall be awarded upon competitive sealed bid to the
lowest responsible bidder. In awarding contracts, such factors as
availability, cast and quality of service may be taken into consideration.
[Amended 6-7-1982; 9-10-1990 by Ord. No. 1990-27; 4-6-1994 by Ord. No.
1994-2; 2-1-2010 by Ord. No. 2010-1]
C.
Procedures for competitive bidding shall include,
but not be limited to: advertising, definitions, publication requirements,
deposit and bond requirements, conditions, terms, rules and regulations.
Council may change the minimum for competitive bidding by an ordinance
adopted by a favorable vote of a majority plus one of the total number
of Council. Terms of contracts for the purchase of materials and supplies
shall not exceed twenty-four months.
D.
Competitive bidding shall not be required for: contracts
with other governmental entities; contracts for emergency repairs
or services involving danger to the health and safety of employees
or the public; contracts for professional or unique service; contracts
for the purchase of services, materials, or supplies available from
only one vendor; and contracts relating to the acquisition or use
of real property.
E.
Negotiation of contracts for professional or unique
services shall include advertisement of planned purchases containing
an accurate and specific description of the services or items sought,
together with necessary technical requirements; and a statement of
the amount over which such contracts shall not be awarded except after
public hearing held by the municipal executive.
The personnel system to be included in the administrative
code for employees of departments, offices, authorities, boards, commissions,
or administrative units of the municipal government shall be based
on the merit principle and appointment and promotion shall be made
solely on the basis of merit and fitness demonstrated by examination
or other evidence of competence. The personnel system shall provide
for, but not be limited to, policies and procedures for employee recruitment,
selection, and advancement, training and career development, job classification,
salary administration, fringe benefits, discipline, discharge, and
other related activities. No person shall be appointed, promoted,
demoted, dismissed or in any way discriminated against with respect
to municipal employment because of race, color, sex, religion, or
national origin.
A.
The conflict of interest provisions to be included
in the administrative code for elected municipal officials and employees
of departments, offices, and other administrative units, and members
and employees of authorities, boards, and commissions of the municipality
shall, among other things, provide that no employee or officer of
the municipality shall solicit, benefit by, or be financially interested
in any contract for the purchase of property or services which involves
municipal funds, except the services for which he is specifically
retained. Any contract made in violation may be declared void by the
Mayor or the Council. It shall also be provided that each elected
or appointed employee of the municipality and each member or employee
of a municipal authority, board, commission, or committee shall abstain
from voting on or participating in the consideration or approval of
any matter of municipal business in which he has any personal financial
interest.
B.
The code of ethics for elected municipal officials
and employees of departments, offices, and other administrative units,
and members and employees of authorities, boards, and commissions
of the municipality shall provide, among other things, that no elected
or appointed officer or employee of the municipality shall direct
or compel any other officer or employee of the municipality to do
or perform any outside private work during the hours he is employed
by the municipality nor shall any officer or employee use or cause
to be used any municipal-owned property for any private purpose.
C.
The administrative code shall provide penalties for
violations of the conflict of interest provisions and the code of
ethics. The penalty for violation of any of the specific prohibitions
of this section shall be forfeiture of office or employment, as well
as other penalties provided by law.
There shall be designated in the administrative
code the officials and employees of the municipality, and the members
and employees of authorities, boards and commissions of the municipality
who shall be bonded and the conditions and the amount of the bond.
Bond premiums shall be paid by the municipality.
