Chapter 2 — CITY MANAGER

Section

2-2.01 Office established

2-2.02 Appointment; qualifications

2-2.03 Removal

2-2.04 Resignation

2-2.05 Acting City Manager

2-2.06 Powers and duties

2-2.07 Powers and duties; purchases

2-2.08 Powers and duties; requisitions

2-2.09 Powers and duties; claims and demands

2-2.10 Council interference

2-2.11 Council direction and control

2-2.12 City Manager administrator only

2-2.13 Political activities prohibited

2-2.14 Salary

2-2.15 Bond

The office of City Manager for the city is hereby established.

('66 Code, § 2-2.01) (Ord. 246-A, passed 1-13-48)

The City Manager shall be appointed by the Council solely on the basis of his executive and administrative qualifications. No person elected to membership on the Council shall, subsequent to such election, be eligible for appointment as City Manager until one year has elapsed after he has ceased to be a member of the Council.

('66 Code, § 2-2.02) (Ord. 246-A, passed 1-13-48)

The Council shall, by majority vote of its members, appoint a City Manager for an indefinite term and may, by majority vote after not less than 30 days' notice to the City Manager, remove the City Manager from office for any reason, but it is expressly provided that the Council shall, at the time of giving such 30 days' notice, either orally or in writing, state to the City Manager the reason or reasons therefor.

('66 Code, § 2-2.03) (Ord. 246-A, passed 1-13-48; Am. Ord. 415-A, passed 6-9-58)

Should the City Manager desire to resign or in any other manner terminate his employment with the city, he shall first give 30 days' written notice of his intention to resign or otherwise terminate his employment to the Council, and during such 30 day period shall be required to perform his duties as City Manager unless the Council shall otherwise provide by resolution.

('66 Code, § 2-2.04) (Ord. 246-A, passed 1-13-48)

During the absence or disability of the City Manager, the Council may designate some properly qualified person to perform the duties of the office of the City Manager.

('66 Code, § 2-2.05) (Ord. 246-A, passed 1-13-48)

(A) The City Manager shall be the administrative head of the city government under the direction and control of the Council, except as otherwise provided by law. He shall be responsible to the Council for the efficient administration of all the affairs of the city which are under his control.

(B) In addition to the City Manager's general powers as administrative head and not as a limitation thereon, it shall be his duty and he shall have the power:

(1) To see that all laws and ordinances are duly enforced;

(2) Subject to the city personnel rules, to employ, discipline, or remove all heads of departments or subordinate officers and employees, to transfer employees from one department to another, and

to consolidate or combine offices, positions, departments, or units under his or her jurisdiction. Nothing contained in this subdivision shall apply, however, to the City Attorney, the City Clerk, or the City Treasurer;

(3) To exercise control over all departments and divisions of the city government and over all appointive officers and employees thereof, except as provided in this chapter;

(4) To attend all meetings of the Council and its committees unless excused therefrom by the Council or the committee, and except when the City Manager's removal is under consideration by the

Council;

(5) To recommend to the Council for adoption such measures and laws as he deems necessary or expedient;

(6) To keep the Council at all times advised as to the financial conditions and needs of the city, and at least quarterly to submit a financial report;

(7) To prepare the budget annually, submit it to the Council, and be responsible for its administration after adoption;

(8) To prepare and submit to the Council, as of the end of the fiscal year, a complete report on the finances and administrative activities of the city for the preceding year;

(9) To prepare and recommend to the Council a salary plan;

(10) To purchase all supplies for all of the departments or divisions of the city, and no expenditure shall be submitted or recommended to the Council except upon the report or approval of the City

Manager;

(11) To make investigations into the affairs of the city, or any department or division thereof, or any contract or the proper performance of any obligation running to the city;

(12) To investigate all complaints in relation to all matters concerning the administration of the government of the city and in regard to the service maintained by public utilities in the city and to see

that all franchises, permits, and privileges granted by the city are faithfully observed;

(13) To exercise general supervision over all public buildings, public parks, streets, and other public property which are under the control and jurisdiction of the Council;

(14) To prepare and submit to the Council an organization chart showing the organization plan for all departments of the city government;

(15) To issue on behalf of the Council all licenses and permits not otherwise provided for by law;

(16) To superintend the construction of all public work done by the city;

(17) To devote his entire time to the duties and interests of the city; and

(18) To perform such other duties and exercise such other powers as may be delegated by ordinance or motion of the Council.

('66 Code, § 2-2.06) (Ord. 246-A, passed 1-13-48; Am. Ord. 415-A, passed 6-9-58)

The City Manager shall be the purchasing agent of the city. It shall be his duty to make all purchases for and in behalf of the city upon requisitions presented and approved in accordance with the provisions of this chapter; provided, however, in those cases where the laws of the state require that sealed proposals be called for by the Council, the City Manager shall lay before the Council such information as may assist the Council in accepting or rejecting such proposals.

('66 Code, § 2-2.07) (Ord. 246-A, passed 1-13-48)

No officer or employee shall incur any indebtedness on behalf of the city unless the power to do so has been expressly conferred upon such officer by the laws of the state, except upon a requisition signed by the City Manager.

('66 Code, § 2-2.08) (Ord. 246-A, passed 1-13-48)

No claim or demand shall be audited or allowed by the Council which is not approved by the City Manager.

('66 Code, § 2-2.09) (Ord. 246-A, passed - - )

Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager, and neither the Council, nor any member thereof, shall give orders to any of the subordinates of the City Manager.

('66 Code, § 2-2.10) (Ord. 246-A, passed 1-13-48)

Notwithstanding the provisions of § 2-2.10 of this chapter, nothing contained in this chapter shall be deemed to restrict or prohibit the Council, acting in its official capacity, from exercising complete direction and control over the City Manager in all matters pertaining to the government of the city, and it is expressly provided that the City Manager shall promptly execute all lawful orders issued to him by the Council, acting in its official capacity.

('66 Code, § 2-2.11) (Ord. 246-A, passed 1-13-48; Am. Ord. 415-A, passed 6-9-58)

There is hereby retained to the Council the sole power of being the policy making and legislative body for the city, and the duties and powers of the City Manager are expressly confined to the administration service of the city.

('66 Code, § 2-2.12) (Ord. 246-A, passed 1-13-48)

The City Manager shall not participate in any city political activities or politics.

('66 Code, § 2-2.13) (Ord. 246-A, passed 1-13-48)

The City Manager shall receive such salary as the Council shall from time to time determine and fix by resolution or motion.

('66 Code, § 2-2.14) (Ord. 246-A, passed 1-13-48)

The City Manager shall furnish a surety company bond, to be approved by the Council, in such sum as may be determined by the Council.

('66 Code, § 2-2.15) (Ord. 246-A, passed 1-13-48)