The City Council shall appoint a City Manager who shall be the
Chief Administrative Officer and the head of the administrative branch
of the city government. The City Manager shall:
(1)
Serve at the pleasure of the City Council, pursuant to a written
employment agreement establishing such things as salary, notice of
termination, severance pay, vacation, pension benefits and related
conditions of employment.
(2)
Attend City Council meetings. The City Manager shall have the right
to take part in discussions but shall not vote.
(3)
Keep the City Council fully advised as to the financial condition
and future needs of the City.
(4)
Submit the City budget to the City Council, in consultation with
administrative officers and/or other employees.
(5)
Make recommendations to the City Council concerning the affairs of
the City.
(6)
Perform such other duties and make such reports as are specified
in this Charter or may be required by the City Council.
(7)
Possess such other powers as may be granted or required by the City
Council, so far as may be consistent with the provisions of the law.
(8)
Direct and supervise the administration of all departments, offices
and agencies of the City under the direction and supervision of the
City Manager, except as otherwise provided by this Charter or by law
and shall carry out the policies formulated by the City Council.
(9)
Appoint and, when necessary for the good of the service, suspend or remove all City employees under the direction and supervision of the City Manager, including administrative officers as provided in § C5-4, except as otherwise provided by law. The City Manager may authorize any administrative officer, subject to the City Manager's direction and supervision, to exercise these powers with respect to subordinates of that officer's department, office or agency.
(10)
Be charged with the preservation of the public peace and health and
the safety of persons and property, and shall see to the enforcement
of City ordinances, this Charter and state laws.
(11)
Establish any rules necessary to carry out the duties of the office
of City Manager.
(12)
File notice with the City Clerk designating a qualified City administrative
officer to exercise the powers and perform the duties of City Manager
during any temporary absence or disability of thirty (30) days or
less. When said absences or disabilities exceed thirty (30) days,
an Acting City Manager shall be appointed by the City Council.
(13)
Provide clerical support services for the City Council.
The City Manager shall be chosen on the basis of his or her
executive and administrative qualifications with special reference
to his or her training and actual experiences in municipal administration.
No member of the City Council shall be eligible for appointment as
City Manager until two (2) years subsequent to the termination of
his or her service on the City Council.
(a)
The City Manager may be removed by a majority vote of the members
of the City Council as herein provided, except that no City Manager
who has been in the service of the City for one (1) year or more prior
to a City general election for City Council shall be removed within
the ninety (90) days subsequent to such election unless by an affirmative
vote of five (5) members of the City Council.
(b)
At least thirty (30) days before removal of the City Manager, the
City Council shall adopt a resolution stating its intention to remove
him or her and the reasons therefor, a copy of which shall be served
forthwith on the City Manager, who may within ten (10) business days
demand a public hearing, in which event the final resolution removing
the City Manager shall not be adopted until such public hearing has
been held. Upon passage of a resolution stating the City Council's
intention to remove the City Manager, the City Council may suspend
him or her from duty, but his or her pay shall continue until his
or her removal. The action of the City Council in removing the City
Manager shall be final.
(a)
The City Manager shall have the power to appoint and remove, subject
to the provisions of this Charter, the City Clerk, City Treasurer,
City Assessor, City Attorney, Director of Finance, Police Chief, Fire
Chief and such other administrative officers and employees of the
City as may be deemed necessary. The City Manager may authorize administrative
officers responsible to him or her to appoint and remove subordinates
in such department or office. The appointments made by or under authority
of the City Manager shall be based on the experience, training and
ability of such appointees for the work they are to perform.
(b)
All administrative officers and employees of the City shall perform
such duties as are provided by law, this Charter, City ordinances
and/or directives of the City Manager. Administrative officers shall
exercise and possess all of the powers, privileges and immunities
granted to officers exercising the same general duties under the law.
(c)
The compensation of administrative officers and employees shall be
recommended by the City Manager and approved by the City Council in
accordance with budget appropriations.
Neither the City Council, nor any of its individual members,
shall direct or request the appointment or removal of any person from
office or employment by the City Manager or any of his or her subordinates.
Except for the purpose of inquiry, the City Council and its members
shall deal with the administrative service solely through the City
Manager; and neither the City Council, nor any individual members
thereof, shall give orders to any subordinate of the City Manager
either publicly or privately.
The administrative service shall be divided into such departments,
divisions and bureaus as may be provided by ordinance upon recommendation
of the City Manager. Such ordinance shall be known as "Administrative
Code." Pending the passage of any code or amendments, the City Manager
may establish temporary regulations. Each administrative officer or
director shall, subject to approval by the City Manager, have supervision
and control of his or her department and shall have power to prescribe
rules and regulations not inconsistent with this Charter and the Administrative
Code.
The City Council shall provide by ordinance for a merit system
of personnel management for employees in the service of the City and
for a Personnel Appeals Board for all employees not covered by a collective
bargaining agreement.
