Article I In General
Article II City Administrator Form of Government
[CC 1974 §2-3; Ord. No. 248 §1, 11-6-1940]
The City Hall shall be used for municipal purposes only.
[CC 1974 §2-4; Ord. No. 1362 §§2 — 3, 1-25-1989]
The possession or smoking of lighted smoking materials in any form, including but not limited to lighted cigarettes, cigars, pipes or other tobacco products, at any time within the City Council chambers at City Hall in Richmond, Missouri, is prohibited.
Any person who violates this Section shall, upon conviction thereof, be fined in an amount of twenty-five dollars ($25.00) for each such violation.
[CC 1974 §2-6; Ord. No. 1238 §2, 2-20-1985; Ord. No. 1876 §II, 5-14-2003]
A City Administrator form of government is hereby created and adopted for the City of Richmond, Ray County, Missouri.
[CC 1974 §2-7; Ord. No. 1238 §3, 2-20-1985; Ord. No. 1876 §III, 5-14-2003]
The Mayor shall appoint a qualified person City Administrator; such appointment shall be approved by a majority of the City Council. The person so appointed shall serve for indefinite terms. Before entering into employment with the City of Richmond, the person shall submit to drug testing at the cost of the City of Richmond. After entering into employment with the City of Richmond, the City Administrator shall be subject to periodic random drug testing procedures, the same as all other employees of the City of Richmond.
[CC 1974 §2-8; Ord. No. 1238 §4, 2-20-1985; Ord. No. 1876 §IV, 5-14-2003]
The person appointed to the office of City Administrator shall be at least twenty-five (25) years of age and shall be a graduate of an accredited university or college, majoring in public or municipal administration or shall have the equivalent qualifications and experience in financial, administration and/or public relations fields. The City Administrator shall live within a five (5) mile radius of the City limits of Richmond, Missouri.
[CC 1974 §2-9; Ord. No. 1238 §5, 2-20-1985; Ord. No. 1876 §V, 5-14-2003]
The City Administrator, before entering upon the duties of his office, shall file with the City Clerk of the City of Richmond a bond in the amount of fifty thousand dollars ($50,000.00); such bond shall be approved by the City Council and such bond shall insure the City of Richmond for the faithful and honest performance of the duties of the City of Richmond and for rendering a full and proper account to the City of Richmond 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 Richmond; however, should the City Administrator be covered by a blanket bond to the same extent, such individual bond shall not be required.
[CC 1974 §2-10; Ord. No. 1238 §6, 2-20-1985; Ord. No. 1876 §VI, 5-14-2003]
The City Administrator shall receive a salary as may be determined from time to time by the Mayor and City Council and such compensation shall be payable as directed by the Mayor and City Council. The position shall be considered to be a salaried position and no over-time pay, compensatory leave time or other similar or related benefits shall accrue.
[CC 1974 §2-11; Ord. No. 1238 §7, 2-20-1985; Ord. No. 1876 §VII, 5-14-2003; Ord. No. 2167 §I, 6-22-2010]
The City Administrator shall serve at the pleasure of the appointing authority. The Mayor may, with the consent of a majority of all the members elected to the City Council, remove from office the City Administrator at will. Independently of the Mayor's approval or recommendation, the City Administrator may be removed by a two-thirds (⅔) vote of all the members elected to the City Council.
The refusal of the City Administrator to submit to random, periodic drug testing or the failure to pass any one (1) or more of such tests shall constitute good and sufficient grounds for the immediate discharge of the City Administrator by the Mayor without the necessity of the consent of the City Council. It is hereby declared to be the express intent of the Mayor and City Council that there be no right of appeal, nor any compensation due from and after the date of the discharge for refusing to take, or failure to pass, such random drug screening or testing procedures. These specific details plus all other aspects of the Drug and Alcohol Testing Policy of the City of Richmond are to be followed.
[CC 1974 §2-12; Ord. No. 1238 §8, 2-20-1985; Ord. No. 1246 §§1 — 2, 7-17-1985; Ord. No. 1647 §1, 10-28-1998; Ord. No. 1826 §1, 4-24-2002; Ord. No. 1876 §VIII, 5-14-2003; Ord. No. 1917 §VIII, 5-12-2004; Ord. No. 2105, 1-28-2009; Ord. No. 2155 §I, 3-23-2010; Ord. No. 2162 §I, 5-25-2010; Ord. No. 2199, 12-28-2010]
The duties of the City Administrator shall be as follows:
The City Administrator shall be the chief administrative assistant to the Mayor and as such shall be the administrative officer of the City Government subject to the direction and supervision of the Mayor. Except as otherwise specified by ordinance or by the law of the State of Missouri, the City Administrator shall coordinate and generally supervise the operation of all departments of the City of Richmond.
The City Administrator shall be the purchasing agent for the City of Richmond and all purchases shall be made under his/her direction and supervision. All purchases will require approval by signature of the City Administrator and/or the Mayor. All such purchases shall be made in accordance with the following procedures:
For purchases which result from the use of grant funds and/or State or Federal program funding, the requirements for purchasing in force by such grant, State or Federal funding sources shall supersede these requirements;
Nothing within these purchasing procedures shall be construed to supersede any State or Federal purchasing requirement with competent jurisdiction over said purchase, to include requirements for purchase from currently elected officials of the City;
The annual operating budget of the City establishes expenditure levels for each department. No further Council action is required to initiate purchases within the budget limits except as outlined in Section 135, Article II of these ordinances;
Budget appropriations do not mandate expenditures. All expenditures shall be based on need rather than budget appropriation. The City Administrator may establish spending levels below those budgeted if revenue collections are inadequate to fulfill budgetary needs;
All purchasing will demonstrate a reasonable and good faith effort to obtain goods and services at the lowest possible cost and with the optimum quality needed;
Purchases shall be made from firms located and operated within the City of Richmond to the greatest extent practical, and purchase of goods from local vendors which exceeds the price of comparable non-local goods by up to five percent (5%) shall be considered as having comparable value. Preference to local firms for purchase of items with maintenance and/or warranty requirements may be given when the costs of such maintenance and/or warranty requirements over time can be demonstrably reduced. Notice of purchasing procedures shall be provided to all firms licensed to conduct business within the City at the time of acquisition or renewal of the firms' occupational license;
No City employee or official shall have a financial interest in any City purchase, except when such interest is fully disclosed and approved in advance of the purchase, can be demonstrated to be in the best interests of the City, and is conducted in accordance with relevant State or Federal laws;
Department heads must approve the purchase of any items for which payment shall be levied against the budget of their department, and are responsible for confirming that sufficient funds are available within the departmental budget at the time of purchase;
Budgeted item purchases of five hundred dollars ($500.00) to five thousand dollars ($5,000.00) must be verbally approved by the City Administrator and/or Mayor and funds must be available within the budget. Competitive quotations are required and shall be obtained in writing, by telephone or fax, or electronically from at least three (3) vendors. Such quotations shall be made part of the invoice records for each item purchased;
Budgeted item purchases of five thousand dollars ($5,000.00) or more shall be placed for bid by publication not less than once in a newspaper of general circulation, and by directly mailed solicitation for bids to established vendors where applicable, and by electronic solicitation for bids to established vendors where applicable, providing information and access to specifications on the goods or services to be purchased, noting a specific closing date and time for acceptance of bids, noting the City Clerk as designated recipient of all such bids, and noting acceptable methods of bid submission which may include in person, by mail, by facsimile, and electronic submission. At the closing date and time for submission bids shall be opened and conveyed by the City Clerk to the City Administrator, tabulated by the City Clerk, and provided by the City Administrator to the City Council for selection.
Non-budgeted items must be approved for purchase in advance by the City Council, and shall upon approval be purchased in accordance with the policy outlined herein.
Exceptions to the competitive bidding requirements in this Section may be made in the following situations:
[Ord. No. 2328 §I, 6-10-2014]
The goods or services are available from only one (1) vendor;
Any emergency (any emergency status must be approved by the Mayor and City Administrator and reported at the next regular scheduled City Council meeting);
It is determined after reasonable investigation that the goods may be purchased at retail for less than the cost available through solicitation of bids; and
It is advantageous to purchase goods or services through a cooperative purchasing agreement or contract of another governmental entity provided that:
The agreement or contract followed a competitive bidding process applicable to the establishing governmental entity;
The agreement or contract contains substantially the same or better terms, conditions, and specifications for the respective item or service that the City is seeking to acquire or have performed; and
The agreement or contract contains a cooperative purchasing clause (sometimes referred to as a "piggyback" clause) which authorizes other governmental entities to purchase under the agreement or contract with the same terms and conditions or the vendor otherwise agrees to honor the bid provided to the other governmental entity.
The City Administrator shall be responsible for preparing and assembling the budget for the City pursuant to Section 135.045 of the City Code.
The City Administrator shall make monthly reports to the Mayor and City Council relative to the financial condition of the City. Such reports shall show the financial condition of the City in relation to the budget.
The City Administrator shall prepare and present to the Mayor and City Council an annual report of the City's affairs, including in such report a summary of reports of department heads and such other reports as the Mayor and City Council may require.
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. The City Administrator shall have the power to appoint and remove (in accordance with personnel system regulations approved by the City Council) all subordinate employees of the City of Richmond. The City Administrator shall make recommendations of appointment and removal of department heads. All personnel decisions herein described shall be made with the prior knowledge and consent of the Mayor, if possible. If such prior knowledge and consent is not possible, the City Administrator shall inform the Mayor as soon as is reasonably possible of such decision.
The City Administrator shall recommend to the Mayor and City Council adoption of such measures as he may deem necessary or expedient for the health, safety or welfare of the City or for the improvement of administrative services for the City.
The City Administrator, after review and approval by the Mayor, shall submit to the City Council a proposed agenda for each Council meeting at least forty-eight (48) hours before the time of the regular Council meeting.
The City Administrator shall work with all City boards and committees to help coordinate the work of each.
The City Administrator shall attend all meetings of the City Council.
The City Administrator shall supervise the preparation of all bid specifications for service and equipment and receive sealed bids for presentation to the City Council.
The City Administrator shall coordinate Federal and State programs which may have application to the City of Richmond.
The City Administrator shall attend State and regional conferences and programs applicable to his office and the business of the City of Richmond, whenever such attendance is directed and approved by the City Council and Mayor.
The City Administrator shall be responsible for keeping the public informed in the purpose and methods of City Government through all available news media.
The City Administrator shall keep full and accurate records of all actions taken by him in the course of his duties and he shall safely and properly keep all records and papers belonging to the City of Richmond and entrusted to his care; all such records shall be and remain the property of the City of Richmond and be open to inspection by the Mayor and City Council at all times.
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.
[CC 1974 §2-13; Ord. No. 1238 §9, 2-20-1985; Ord. No. 1876 §IX, 5-14-2003]
The City Administrator shall have the following powers:
The City Administrator shall have responsibility for all real and personal property of the City of Richmond. He 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.
The City Administrator shall have the power to prescribe such rules and regulations as he shall deem necessary or expedient for the conduct of administrative agencies subject to his authority, and he shall have the power to revoke, suspend or amend any rule or regulation of the administrative service except those prescribed by the Mayor and the City Council. All such rules and regulations shall conform to the requirements and procedures of the Administrative Procedure Act of the State of Missouri.
The City Administrator shall have the power to coordinate the work of all the departments of the City and, at all times of an emergency, shall 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.
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 jurisdiction and shall report any condition or fact concerning the City Government requested by the Mayor or City Council.
The City Administrator shall have the power to overrule any action taken by a department head and may supersede him in the functions of his office.
The City Administrator shall have the power to appear before and address the City Council at any meeting.
At no time shall the duties or powers of the City Administrator supersede the action by the Mayor and City Council.
[CC 1974 §2-14; Ord. No. 1238 §10, 2-20-1985; Ord. No. 1876 §X, 5-14-2003]
No individual 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.
[Ord. No. 1876 §XI, 5-14-2003]
Nothing contained herein shall be construed to in any manner limit, prescribe, or otherwise remove any power, authority, or function of either the Mayor, the City Council, or both, all of which said powers are hereby retained by said officials. To the extent that any portion of this Article may conflict with any State law, then the provisions of the State law shall control.