(a)
Appointment. The Council shall appoint a City Manager
for an indefinite term and shall by resolution fix the compensation
and conditions of employment for such office. The City Manager shall
be appointed solely on the basis of such person's executive and
administrative qualifications. The City Manager need not be a resident
of the City or State at the time of appointment but must become a
resident of the City within the first (1st) year of such appointment
unless such time is extended by the Council.
(b)
Evaluation. At least once each year after the appointment
of the City Manager, the City Council shall evaluate the performance
of the City Manager and the results thereof shall be made a part of
the confidential personnel file of the City Manager.
The Council may remove the City Manager from office, with or
without cause, in accordance with the following procedures:
(1)
The Council shall adopt by an affirmative vote of a majority of all
of its members a preliminary resolution which must state the reasons,
if any, for removal and upon adoption of such resolution may suspend
the City Manager from duty for a period not to exceed forty-five (45)
days. A copy of the resolution shall be delivered promptly to the
City Manager.
(2)
Within five (5) days after a copy of the resolution is delivered
to the City Manager, the City Manager may file with the Council a
written request for a public hearing. This hearing shall be held at
a Council meeting not earlier than twenty (20) days nor later than
thirty (30) days after the request is made. The City Manager may file
with the Council a written reply not later than five (5) days before
the hearing.
(3)
The Council may adopt a final resolution of removal, which may be
made effective immediately, by affirmative vote of a majority of all
of its members at any time after five (5) days from the date when
a copy of the resolution was delivered to the City Manager in the
event a public hearing has not been requested, or at any time after
the public hearing has been completed, if one has been requested.
The City Manager shall continue to receive compensation until the
effective date of a final resolution of removal. Since the City Manager
serves at the will of the Council, not by virtue of any right, the
action of the Council in suspending or removing the City Manager shall
not be subject to review by any court or agency.
By letter filed with the City Clerk after conferring with the
City Council, the City Manager shall designate a qualified person
to exercise the powers and perform the duties of the City Manager
during the temporary absence or disability of the City Manager.
The City Manager shall be responsible to the Council for the
administration of all City operations placed in the charge of the
City Manager by or under this Charter. The City Manager shall:
(1)
Appoint and, when deemed necessary for the good of the City, suspend
or removal all City employees and appointed administrative officers
provided for, by or under this Charter, except the City Attorney,
the City Clerk, the Municipal Judge and the Provisional Municipal
Judge or except as otherwise provided by law, this Charter, or personnel
rules adopted previously by the Council or adopted pursuant to this
Charter. The City Manager may authorize any administrative officer
who is subject to direction and supervision of the City Manager to
exercise these powers with respect to subordinates in that officer's
department;
(2)
Direct and supervise the administration of all departments of the
City except the City Attorneys, City Clerk and Municipal Judges, and
except as otherwise provided by this Charter or by law;
(3)
Attend all meetings of the Council and committees of its members,
except when the Council may be considering personnel matters relating
to the City Manager. The City Manager shall have the right to take
part in discussions at meetings of the Council but shall have no power
to vote. The City Manager shall receive notice of all meetings;
(4)
Provide that all laws, provisions of this Charter and acts of the
Council, subject to enforcement by the City Manager or by officers
subject to the direction and supervision of the City Manager, are
faithfully executed;
(5)
Supervise and be responsible for the preparation of the annual budget
and capital program and submit both to the Council;
(6)
Submit to the Council and make available to the public a complete
report on the finances of the City and, at the discretion of the Council,
on the administrative activities of the City, as of the end of each
fiscal year;
(7)
Keep the Council fully informed so that the Council shall properly
execute their legislative and policymaking functions and make such
other reports as the Council may require concerning the operations
of City departments, offices and agencies subject to the direction
and supervision of the City Manager;
(8)
Prepare and submit to the Council policy recommendations for programs
and priorities which, in the opinion of the City Manager, should be
considered by the Council. These recommendations shall be submitted
on an on-going basis;
(9)
Facilitate the prompt, economical and efficient dispatch of City
business and to that end may from time to time organize or reorganize
work within or among departments responsible to the City Manager,
assign assistants, deputies and employees from any office or department
of the City Government under direction of the City Manager to perform
work or service in connection with any office or department, or to
work in more than one (1) of such offices or departments;
(10)
Keep the Council fully advised on the financial condition and future
needs of the City and make such other recommendations to the Council
concerning the affairs of the City as is deemed advisable;
(11)
Perform such other duties as may be prescribed by this Charter or
required by the Council consistent with this Charter.
