Corning Municipal Code Ch. 2.44 City Manager

Footnotes:

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Editor's note— Ord. No. 676, adopted March 26, 2019, repealed ch. 2.44, and enacted a new ch. 2.44 as set out herein. The former ch. 2.44, §§ 2.44.010—2.44.110 pertained to similar subject matter and derived from Ord. No. 343, §§ 2—4, 8, 10, adopted 1979; Ord. No. 426, § 4(part), adopted 1985; Ord. No. 533, §§ 1—8, adopted 1992; Ord. No. 659, § 1, adopted June 9, 2015.

There is created the position of city manager, who shall be a person selected by the city council solely on the basis of his or her executive and administrative qualifications, with special reference to actual experience and knowledge of accepted practice with respect to the duties of the office as set forth in this chapter. The city manager shall serve directly under the supervision and control of the city council as a whole.

(Ord. No. 676, 3-26-2019)

No member of the city council shall be eligible for appointment as city manager until one year has elapsed after such council member shall have ceased to be a member of the city council.

(Ord. No. 676, 3-26-2019)

The city manager shall be appointed by the city council and shall hold office for and during the pleasure of the city council. Removal of the city manager shall be only by a vote of at least three members of the city council, and shall be subject to the following provisions:

A. The city manager may be removed at any time with or without cause.

B. If the removal of the city manager is for cause, the removal shall be effective immediately, or at such other time thereafter as the city council may determine.

C. If the removal is not for cause, it shall be effective thirty days thereafter, or at such later date as may be determined by the city council.

D. If the removal of the city manager is without cause, the city council may, in its sole option and discretion, elect to remove all of the manager's duties and responsibilities immediately, in which event the city manager shall immediately surrender his or her office. However, the city manager shall still be paid a minimum of six months salary, notwithstanding the removal of his or her powers and duties. This salary shall be paid on the normal pay days of the city employees and on the last day of the period of employment, unless the city council, in its discretion, otherwise orders.

(Ord. No. 676, 3-26-2019)

The city manager shall have the authority to designate and appoint a city department head or the city clerk to act and serve as acting city manager whenever the city manager deems such to be necessary by virtue of temporary absence from the city or disability to perform the duties, except that in the event such an acting appointment and designation is anticipated to be for longer than fifteen consecutive days, and the city council has not approved the designation and appointment of the acting city manager, said appointment and designation shall be confirmed by the city council at their next regular council meeting. Any person so designated and appointed as acting city manager shall be provided a five-percent increase in pay during the period of time they serve as acting city manager. The city council has the authority to increase the pay to the acting city manager beyond five percent through resolution. However, any pay to the acting city manager shall not exceed the current city manager's salary. Any person appointed and designated as acting city manager shall have all of the powers and duties of the city manager as specified in this chapter while acting in such capacity, except that no officer or employee of the city shall be appointed, removed, promoted, demoted, suspended or otherwise disciplined by the acting city manager without the prior approval of the city council.

(Ord. No. 676, 3-26-2019)

A. The city manager shall receive such compensation and expense allowances as the city council shall from time to time determine and said compensation and expenses shall be a proper charge against funds of the city as the city council shall designate.

B. The city manager shall be reimbursed for all sums necessarily incurred or paid in the performance of his or her duties or incurred when traveling on business pertaining to the city under the direction of or with the express consent of the city council. Reimbursement shall be made only in accordance with an itemized claim setting forth the sums expended, or obligations incurred in the manner provided by the city council for the presentation of claims for reimbursement of expenses of other city officers and employees.

(Ord. No. 676, 3-26-2019)

The city manager shall be the administrative head of the government of the city, under the direction and control of the city council. They shall be responsible for the efficient administration of all of the affairs of the city which are under their control. In addition to the general powers as administrative head, and not as a limitation thereof, it shall be their duty and they shall have the following powers:

A. General Supervision. To execute, on behalf of the city council, its administrative supervision and control of such affairs of the city as may be placed in his or her charge, or which are not otherwise provided for by the city council;

B. Personnel and Organization. To appoint competent, qualified officers and employees to the administrative service (which term is inclusive of all positions except contract personnel) and to dismiss, suspend and discipline such officers and employees, consistent with the policies of the city council; to recommend to the city council such reorganization of officers, departments or divisions as may be indicated in the interest of efficient, effective and economical conduct of the city's business and to effect such reorganization when authorized by appropriate ordinance, resolution or motion of the city council. The city manager is required to consult with the department head of the department involved in any decision to hire, dismiss, suspend or discipline any employee. If the department head does not concur with the city manager's decision, the decision of the city manager shall be binding, unless the department head shall appeal such decision to the city council at its next regularly scheduled meeting. The city manager may delegate authority to a department head to discipline an employee for minor infractions of rules and responsibilities in accordance with the personnel rules of the city;

C. Authority Over Officers and Employees. To control, order and give directions to all heads of departments and to subordinate offices and employees of the city under his or her jurisdiction through their department heads, when available;

D. Custodian of City Property.

1. To immediately, upon taking office, and annually thereafter, inventory and appraise the value of all real estate, buildings, furnishings and fixtures, supplies and moveable property of every kind and nature belonging to the city; and to require each officer or department head to inventory the same or any portion thereof and maintain a perpetual inventory. One copy of such annual inventory shall be filed with the city council and one with the city clerk,

2. To act as and be custodian of all city property, custody of which has not otherwise been provided for;

E. Compensation Plan. To prepare and to recommend to the city council from time to time desirable revisions of the compensation plan of the city;

F. To Aid City Council. To attend all meetings of the city council and to report upon and discuss any matter concerning the affairs of the department, services or activities under his or her supervision upon which, in his or her judgment, the city council should be informed, or upon which his or her views or opinions are requested by the city council;

G. Enforcement of Laws. To see to the enforcement, within the city, of all federal, state, and local law, including the ordinances of the city;

H. Contracts, Franchises, Etc. To investigate and see to the faithful performance and observation of all contracts of the city, and of all franchises, permits, licenses and privileges granted by the city and to report any and all violations to the city council;

I. Citizen Complaints. To investigate all complaints in relation to matters concerning the administration of city government; to adjust all proper grievances within the scope of authority provided by the city laws and policies and to report to the city council all injustices suffered by reason of defects or omissions in the laws, policies or practices of the city which he or she is authorized to rectify;

J. Public Property. To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the city council, when the general supervision thereof is not specifically delegated to a particular officer; and to exercise general supervision over all city-owned public utilities operated within the city;

K. Community Relations. To explain to the public the actions, purposes and policies of the city government;

L. Community Projects. To cooperate within lawful limits with all community organizations whose aim and purpose it is, in whole or in part, to advance the interests of the city and its people, and to provide them, within lawful limits, with assistance in such aim and purpose through the city government;

M. Contracts. To execute, in the name of the city council and the city, any contract authorized or approved by the city council, unless the city council shall expressly provide for other manner of execution of such contract;

N. Appearance Before Subordinate Agencies. To appear before and address any commission or agency appointed by the city council whenever he or she deems it advisable and whenever the interests of the city so require;

O. To Act as Personnel Officer. To act as personnel officer of the city and to prepare and keep the necessary records of personnel attendance, vacations and other such activities and to take applications for employment with the city and make recommendations to the city council of qualified persons to fill vacancies in the city service for the council's approval, when such approval is necessary;

P. Employee Negotiations. In absence of the city's labor negotiator, act as the negotiating agent on behalf of the city council in all negotiations with city employees and/or their representatives; provided, however, that the city manager is not authorized to enter into any agreements which will bind the city and all agreements reached in employee negotiations shall be conditional upon final approval of the written agreement by the city council;

Q. Appear Before Public Agencies. To appear before and address any public agency or commission as the representative of, in the furtherance of the city's interest or as directed by the city council;

R. Authority for Contract. To execute any contract with a monetary value of five thousand dollars or less without city council approval;

S. Other Duties and Powers. To perform such other duties and exercise such other powers as are necessarily incident to the above powers or as may be assigned or delegated to him or her from time to time by action of the city council.

(Ord. No. 676, 3-26-2019)

The city manager shall act as the agent for the council in the discharge of its administrative functions but shall not exercise any policymaking or legislative functions whatsoever nor attempt to commit or bind the council, or any member thereof, to any action, plan or program requiring official council action. It is not intended by this chapter to grant any authority to, or impose any duty upon, the city manager which is vested in or imposed by general law or valid city ordinances in any other city commission, board, department, officer or employee.

(Ord. No. 676, 3-26-2019)

A. Council-Manager Relations.

1. The city council and its members shall deal with the administrative services of the city only through the city manager, except for the purpose of inquiry; and neither the city council nor any member thereof shall give orders or instructions to any subordinates of the city manager. The city manager shall take their orders and instructions from the city council only when sitting in a duly convened meeting of the city council, and no individual councilmember shall give any orders or instructions to the city manager.

2. Any subordinate officer or employee receiving orders or instructions contrary to this section shall report the same in writing immediately thereafter to the city manager, and the city manager shall promptly forward a copy of summary of such report to each member of the city council. He or she shall likewise promptly advise each member of the city council of any orders or instructions received by him or her contrary to this section.

3. It is not intended by this section to restrict unduly the privilege of a member of the city council of requesting of the city manager, but not of any other officer or employee under his or her supervision, to prepare a report dealing with city business or municipal affairs, if such report can be compiled without undue dislocation of city activities and within the expenditure of considerable quantities of time by city personnel, nor is it intended to restrict any privilege of any council member to place an item of interest on a council agenda.

B. Departmental Cooperation. It shall be the duty of all subordinate officers and the city clerk, city treasurer, and city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously. The designation should coincide with that in subsection C of section 2.44.070.

C. Attendance at Commission Meetings. The city manager may attend any and all meetings of the planning commission, recreation and park commission, and any other commissions, boards or committees created by the city council, upon his or her own volition or upon direction of the city council. Also included here are other boards and commissions regularly appointed by the city council. At such meetings which the city manager attends, he or she shall be heard by such commissions, boards, or committees as to all matters upon which he or she wishes to address the members thereof; and he or she shall inform the members as to the status of any matter being considered by the city council; and he or she shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council.

(Ord. No. 676, 3-26-2019)

In the discharge of his or her duties as city manager, the person holding such position shall endeavor at all times to exercise the highest degree of tact, patience and courtesy in his or her contact with the public, with the city council and all city commissions, boards, departments, officers and employees, and shall use his or her best efforts to establish and maintain a harmonious relationship among all personnel employed in the government of the city, to the end that the highest possible standards of public service shall be continuously maintained.

(Ord. No. 676, 3-26-2019)

Nothing in this chapter shall be construed as a limitation on the power or authority of the city council to enter into any supplemental agreement with the city manager delineating additional terms and conditions of employment not inconsistent with any provisions of this chapter.

(Ord. No. 676, 3-26-2019)