Article III — CITY MANAGER

Section 3.01. City Manager Appointment.

The City Council shall appoint a City Manager for an indefinite term through the mechanism of
an employment agreement the same as those afforded department heads under this Charter. The
City Manager:

A. Serve At Pleasure. Shall serve at the pleasure of the Council;

B. Chief Executive. Shall be the chief executive and administrative officer of the City;

C. How Chosen. Shall be chosen solely on the basis of administrative qualifications and, at
time of appointment need not be a resident of the State or City;

D. Salary. Shall be paid a salary fixed by the Council commensurate with the responsibilities
of the position;

E. Dismissal Hearing. Shall have the right to a public hearing on any motion to remove or to
suspend his/her employment, which public hearing shall be held only after provision of 10
days' published notice prior to the Council voting on the motion to remove or to suspend
the City Manager.

Section 3.02. Restriction on Dismissal.

During a period of 90 days immediately following the date of installation of any person newly
elected to the Council at a regular or special City election, or of any person newly appointed
to the Council, the Council shall take no action, whether immediate or prospective, to remove,
suspend, request the resignation of, or to reduce the duties, salary or benefits of the City
Manager.

Section 3.03. Powers and Duties of City Manager.

The City Manager shall be responsible to the City Council for the proper administration of all
affairs of the City and:

A. Appointment of Employees. Shall appoint, remove and discipline all employees of the City
pursuant to requirements set out in this Charter;

B. Delegation of Authority. May delegate the appointment, removal and discipline of
subordinate employees to the department heads to which those employees are assigned, but
shall approve, modify or disapprove all recommendations for such appointment, removal,
and disciplinary actions to be taken against employees by department heads or other
employees of the City;

C. Supervision of Departments. Shall direct and supervise the administration of all
departments, offices and agencies of the City;

D. Annual Budget. Shall annually prepare, submit, and administer the budget and capital
improvement plan of the City as set out in this Charter;

E. Keep Council Informed. Shall keep the Council advised of the financial condition and future needs of the City, and make such recommendations to the Council concerning the
affairs of the City as are deemed necessary or desirable;

F. Enforce Laws and Contracts. Shall provide for enforcement and faithful execution of all
laws, regulations and rules of the City, all provisions of this Charter, and all acts of the
Council, and shall administer all contracts of which the City is a party;

G. Submit Reports. Shall submit to the Council and make available to the public a
comprehensive annual financial and administrative report on the finances and activities of
all City departments and agencies, which report shall be filed with the City Council within
6 months of the end of each fiscal year;

H. Make Reports. Shall make such other reports to the Council as it may require or the City
Manager may desire, concerning the operations of City departments, offices and agencies;

I. Restrictions. Shall engage in no incompatible business, occupation or activities;

J. Attend Meetings. Shall attend all Council meetings and have the right to take part in
discussion but shall have no vote, except the City Manager may not be entitled to attend
closed sessions of the Council when dismissal of or other disciplinary actions involving the
City Manager are discussed;

K. Participation. Shall be entitled to participate in the deliberations of any City board,
committee, and commission, but shall not have a vote therein;

L. Receive Notices. Shall receive notice of all meetings of the City Council, boards,
committees, and commissions;

M. Other Duties. Shall perform such other duties consistent with this Charter as may be
required by the Council.

Section 3.04. City Manager's Office.

The City Manager shall appoint such professional assistants as he/she shall determine to be
needed to positions authorized by the Council.

A. Service of Assistants. Such assistants shall serve at the pleasure of the City Manager and,
for the purposes of terms and conditions of employment, shall be considered to be
department heads.

B. Duties of Assistants. Such assistants shall have such powers and perform such duties as are
specified by the City Manager.

C. Secretary. The Secretary to the City Manager shall serve at the pleasure of the City
Manager but shall have permanent status subject to all rights and limitations in the City
merit system.

D. Acting City Manager. The City Manager shall in writing by letter filed with the City Clerk
designate an Acting City Manager on those occasions the City Manager will be absent from
the City for longer than 48 hours. The Council shall designate an Acting City Manager in
the event of the disability of or at the request of the City Manager.