When the masculine gender is used in this charter, it shall
also mean feminine unless the masculine alone is clearly indicated.
The powers of the initiative referendum are reserved to the
people of the city. In the exercise of these powers, the requirements
of the state constitution and law shall be observed.
Appointment and promotions in the service of the city shall
be made solely on basis of merit and fitness; and layoffs, suspensions,
demotions and removals shall be made solely for the good of the service.
The Commission, by ordinance and/or personnel rules, consistent with
this charter, may regulate personnel matters. No employees of the
city either elected or appointed, may accept any compensations, contributions
or bonus for service other than that set by charter, ordinance or
by authority established, or may hereafter be established by ordinance
to set salaries or compensation for services. A violation of this
provision is sufficient grounds for removal from office.
Officers and employees of the city shall have the qualifications
prescribed by this charter and such additional qualifications as the
Commission may prescribe; but the Commission shall not prescribe additional
qualifications for Commissioners.
Neither the Mayor, or the Commission nor any other authority
of the city government, may appoint or elect any person related to
any Commissioner, to the Mayor, or to himself, or, in the case of
a plural authority, to one of its members, by affinity or consanguinity
within the third degree, to any office or position of profit in the
city government; but this shall not prohibit any officer or employee
so related from continuing in the service of the city. Except as may
be otherwise provided by this charter or by ordinance the same person
may hold more than one office or position in the city government.
The Mayor may hold more than one such office or position, through
appointment by himself, by the Commission or by the city authority
having power to fill the particular office or position, subject to
any regulations, which the Commission may make by ordinance; but he
may not receive compensation for services in such offices and positions
other than or in addition to that now fixed or may hereafter be provided
for the Mayor. Also the Commission, by ordinance, may provide that
the Mayor shall hold ex-officio designated administrative office subordinate
to the Mayor as well as other designated compatible city offices,
not withstanding any other provisions of this charter.
The Mayor and such other officers and employees as the Commission
may designate, before entering upon their duties, shall provide bonds
for the faithful performance of their respective duties payable to
the city, in such amounts as the Commission may prescribe, with a
surety company authorized to operate within the state. The city shall
pay the premiums on such bonds.
Every officer of the city, before entering upon the duties of
his office, shall take and subscribe to the oath or affirmation of
office prescribed by the state constitution. The oath or affirmation
shall be filed and kept in the City Clerk's office.
All officers authorized by federal or state law, the Mayor,
the City Clerk, the heads of all administrative departments, the Municipal
Judge and such other officers as the Commission may authorize, may
administer oaths and affirmations.
The power to lay off, suspend, demote and remove accompanies
the power to appoint or elect; and the Mayor, the Commission, or other
appointing or electing authority may lay off, suspend demote or remove
any officer or employee to whom he, the Commission, or other appointing
or electing authority respectively may appoint or elect a successor,
as provided in this charter.
The appointing or electing authority who may appoint or elect
the successor of any officer or employee, may appoint or elect a person
to act during the temporary absence, disability or suspension of such
officer or employee, or in the case of a vacancy, until a successor
is appointed or elected and qualified, unless the Commission provides
by ordinance that a particular superior or subordinate of such officer
or employee shall act. The Commission by ordinance may provide for
a deputy to act in such cases.
Every officer who is elected or appointed for a term ending
at a definite time, shall continue to serve thereafter until his successor
is elected or appointed and qualifies unless his services are sooner
terminated by resignation, removal, disqualification, death, abolition
of the office or other legal manner.
If a court of competent jurisdiction should hold any section
or part of this charter invalid, such holding shall not affect the
remainder of this charter nor the context in which such section or
part so held invalid may appear, except to the extent that another
section or part may be inseparably connected in meaning and effect
with that section or part.
If a court of competent jurisdiction holds a part of this charter
invalid or if a change in the state constitution or law renders a
part of this charter invalid or inapplicable, the Commission by ordinance
may take such appropriate action as will enable the city government
to function properly.
Every legal notice or process to be served upon the city shall
be served upon the Mayor, or in his absence upon the acting Mayor,
or in the absence of both, upon the City Clerk.
