[1]
Editor's Note: Ord. No. 5528 § 1, adopted November 12, 2009, repealed Sections 115.030 through 115.110 and enacted new provisions set out herein. Former Sections 115.030 through 115.110 derived from R.O. 2007 §§ 115.050 through 115.130; Ord. No. 1961 §§ 1–9, 8-21-91; Ord. No. 5199 § 1, 6-28-07.
[R.O. 2008 § 115.030; Ord. No. 5528 § 1, 11-17-2009]
Article 5 of the O'Fallon City Charter contains the following provisions with respect to the office of City Administrator which are hereby made a part of this Code of Ordinances:
Article 5. City Administrator
Section 5.1. Appointment, Qualifications, Residency, And Compensation
A.
Appointment. There shall be a City Administrator nominated by the Mayor, with the approval of a majority of the entire City Council. The person appointed by the City Council shall serve at the pleasure of the City Council.
B.
Qualifications. The City Administrator shall be selected solely on the basis of executive and administrative qualifications with special reference to his or her actual experience and knowledge of accepted practice in respect to the duties of the office and such further qualifications that may be required by ordinance or by this Charter.
C.
Residency. At the time of appointment, the City Administrator need not be a resident of the City or the State. The City Administrator shall be a resident within six (6) months after appointment, unless the City Administrator is granted an extension by a majority vote of the City Council. The City Administrator must remain a resident of the City as long as the City Administrator is acting in the capacity of City Administrator. The City Administrator must be at least twenty-one (21) years of age and must devote full time to the City Administrator's duties as City Administrator.
D.
Compensation. The City Administrator shall receive such compensation as the City Council shall fix from time to time by ordinance.
Section 5.2. Removal
The City Administrator may be removed by executive order of the Mayor after receiving the consent of a majority of the entire City Council or by a two-thirds (2/3) vote of the entire City Council on its own initiative.
Section 5.3. Powers And Duties
The City Administrator, subordinate to the Mayor, shall be the chief administrative officer of the City. The City Administrator shall be responsible to the Mayor and the City Council for the administration of all City affairs placed in his charge by or under this Charter. In order to carry out these duties, the City Administrator shall have the following powers and duties:
A.
Appointment And Removal Of City Employees. The City Administrator may employ and, when the City Administrator deems it necessary for the good of the City, suspend or remove any City employees. The Mayor and City Council shall be notified upon the removal of any Managing Director citing the reason(s) and/or circumstances for such removal. The City Administrator may authorize any employee who is subject to the City Administrator's direction and supervision to exercise these powers with respect to subordinates in that employee's department, office or agency.
B.
Administration Of Departments. The City Administrator shall direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law.
C.
Attend City Council Meetings. The City Administrator shall attend all meetings of the City Council unless excused by the City Council. When the City Council considers personnel matters relating to the City Administrator, they may excuse the City Administrator from attendance. The City Administrator shall have the right to take part in discussions at meetings of the City Council but shall have no power to vote. The City Administrator shall receive notice of all meetings.
D.
Enforcement Of Laws. The City Administrator shall see that all laws, provisions of this Charter and acts of the City Council, subject to enforcement by the City Administrator or by officers subject to the City Administrator's direction and supervision, are faithfully enforced.
E.
Budget And Capital Program. The City Administrator shall prepare and submit a recommended Annual Budget and a Capital Improvement Program of not less than five (5) years, to the Mayor and City Council as requested and subject to review by the Mayor and City Council on an annual basis prior to the budgeting process.
F.
Finance And Administrative Report. The City Administrator shall submit to the Mayor and City Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year.
G.
Other Reports. The City Administrator shall make such other reports as the Mayor and City Council may require concerning the operations of City departments, offices and agencies subject to the City Administrator's direction and supervision.
H.
Report Of Financial Condition Of City. The City Administrator shall keep the Mayor and City Council fully apprised as to the financial condition and future needs of the City and make recommendations to the Mayor and City Council concerning the affairs of the City as the City Administrator deems desirable.
I.
Other Duties. The City Administrator shall perform such other duties as are specified in this Charter or may be required by the City Council that is not inconsistent with this Charter.
Section 5.4. Performance Review
The City Administrator shall receive a performance review from the Mayor at least once a year. Each performance review shall be made a part of the confidential personnel file of the City Administrator.
[R.O. 2008 § 115.040; Ord. No. 5528 § 1, 11-17-2009]
Section 3.5 of Article 3 of the O'Fallon City Charter contains the following provisions which relate to the office of City Administrator which are hereby made a part of this Code of Ordinances:
Section 3.5. Prohibitions
B.
Appointments And Removals. Neither the City Council nor any of its members shall in any manner dictate the appointment or removal of any employees whom the City Administrator or any of his or her subordinates are empowered to appoint or employ, but the City Council as a whole may express its views and fully and freely discuss with the City Administrator anything pertaining to appointment and removal of such officers and employees.
C.
Interference With Administration. Except for the purpose of inquiries and investigations under Section 3.8 of this Article, the City Council or its members shall deal with City Officers and employees who are subject to the direction and supervision of the City Administrator solely through the City Administrator and neither the City Council nor its members shall give orders to any such officer or employee, either publicly or privately.
[R.O. 2008 § 115.050; Ord. No. 5528 § 1, 11-17-2009]
The person appointed to the office of City Administrator shall be at least twenty-one (21) years of age and shall be a graduate of an accredited university or college, having majored in Public Administration, Engineering, Municipal Administration, Financial Administration or Public Relations fields or an equivalent combination of experience and training which provides the required knowledge, skills and abilities as the Mayor and Council may determine to be appropriate to properly discharge the duties of the office.
[R.O. 2008 § 115.060; Ord. No. 5528 § 1, 11-17-2009]
A. 
Purchasing. The City Administrator shall designate an appropriate person to be the Purchasing Agent for the City of O'Fallon and all purchases shall be made under his/her direction and supervision and all such purchases shall be made in accordance with the "Purchasing Ordinance" approved by the City Council.
B. 
Personnel System. The City Administrator shall act as the Personnel Officer of the City and shall recommend an appropriate position classification system and pay plan to the Mayor and City Council. The City Administrator, after consultation with department heads, shall approve advancements and appropriate pay increases within the approved pay plans and position classification system.
C. 
Policy Formulation. The City Administrator shall recommend to the Mayor and the City Council adoption of such measures as he/she may deem necessary or expedient for the health, safety or welfare of the City or for the improvement of administrative services for the City.
D. 
City Council Agenda. The City Administrator shall submit to the Mayor and City Council a proposed agenda for each regular Council meeting at least forty-eight (48) hours before the time of the regular Council meeting. In accord with Section 3.10(B) of the City Charter, items shall be placed on the agenda by the City Administrator at the request of the Mayor or when requested by any member of the City Council.
E. 
Boards, Commissions And Committees. The City Administrator shall work with all boards, commissions and committees of the City to help coordinate the work of each. The City Administrator may assign City personnel to assist such bodies on his/her behalf.
F. 
Bid Specifications. The City Administrator shall supervise the preparation of all bid specifications for services and equipment and receive sealed bids for presentation to the City Council.
G. 
State And Federal Aid Programs. The City Administrator shall coordinate Federal and State programs which may have application to the City of O'Fallon.
H. 
Public Education. The City Administrator shall be responsible for keeping the public informed in the purposes and methods of City Government through all available news media.
I. 
Record Keeping. The City Administrator or his/her designated representative shall keep full and accurate records of all actions taken in the course of his/her duties and shall safely and properly keep all records and paper belonging to the City of O'Fallon and entrusted to his/her care. All such records shall be and remain the property of the City of O'Fallon and be open to inspection by the Mayor and City Council at all times.
J. 
Miscellaneous. In addition to the foregoing duties, the City Administrator shall perform any and all other duties or functions prescribed by the Mayor and City Council.
[R.O. 2008 § 115.070; Ord. No. 5528 § 1, 11-17-2009]
A. 
City Property. The City Administrator shall have responsibility for all real and personal property of the City of O'Fallon. He/she shall have responsibility for all inventories of such property and for the upkeep of all such property. Personal property may be sold by the City Administrator only with approval of the City Council. Real property may be sold only with the approval of the City Council by resolution or ordinance.
B. 
Set Administrative Policies. The City Administrator shall have the power to prescribe such rules and regulations as he/she shall deem necessary or expedient for the conduct of administrative agencies subject to his/her authority.
C. 
Coordinate Departments. Except as otherwise provided by City Charter and ordinances or State law, the City Administrator shall have the power to coordinate the work of all the departments of the City and shall have the power to overrule actions taken by such departments and supersede such actions when the City Administrator deems it prudent or necessary. The City Administrator shall also have authority to assign the employees of the City to any department where they are needed for the most effective discharge of the functions of City Government whenever and for however long the City Administrator deems it necessary.
D. 
Investigate And Report. The City Administrator shall have the power to investigate and to examine or inquire into the affairs or operation of any department of the City under his/her jurisdiction and shall report on any condition or fact concerning the City Government requested by the Mayor or City Council.
[R.O. 2008 § 115.080; Ord. No. 5528 § 1, 11-17-2009]
The City Administrator, before entering upon the duties of his/her office, shall file with the City a bond in an amount as determined by the City Council; such bond shall be approved by the City Council and such bond shall insure the City of O'Fallon for the faithful and honest performance of his/her duties for the City of O'Fallon and for rendering a full and proper account to the City of O'Fallon for funds and property which shall come into the possession or control of the City Administrator. The cost of such bond shall be paid by the City of O'Fallon; however, should the City Administrator be covered by a blanket bond to the same extent, such individual bond shall not be required.
[R.O. 2008 § 115.090; Ord. No. 5528 § 1, 11-17-2009]
No member of the City Council shall directly interfere with the conduct of any department or duties of employees subordinate to the City Administrator except at the express direction of the City Council or with the approval of the City Administrator.