Kingsburg Municipal Code Art. IV Departments, Agencies and Employees

The City Manager shall recommend and the City Council shall by ordinance create, reorganize and abolish departments and divisions thereof as necessary for the effective management of the City, in addition to those created by this Charter.

(A) Department Head Appointments. The City Manager shall appoint a head of each department, which person shall be qualified in the field of expertise encompassed within the department of assignment.

(B) Department Head Removal. All department heads shall serve at the pleasure of the City Manager and be subject to his/her direction and supervision.

(C) Requirements. All department heads shall be City employees for the purposes of powers and duties, and be provided employment agreements executed by the City Manager and ratified by the City Council setting out the terms and conditions of employment, pay, benefits, goals and objectives, a requirement for periodic and regular performance evaluations, obligations, discipline and termination.

(D) Restrictions. No department head may engage in any incompatible business, occupation or activity.

The office of City Clerk is hereby created. The City Clerk shall be a department head and may be either a full or part time position or may consist of an appointment and assignment of duties to a regular City employee. The City Clerk shall be appointed by and serve at the pleasure of the City Council which shall also determine the compensation for such office.

(A) Duties of City Clerk. The duties of the City Clerk shall be to act as Clerk to the City Council and all other City agencies and authorities, to fulfill all duties thereof enumerated in this Charter, to maintain the integrity of and to provide for public access to, safety of, and inspection of all City public records, and to perform all duties required of a City Clerk by State law.

(B) Document Provision Duty. Within ten (10) days following the adoption of the resolution certifying the results of a municipal election at which Councilmembers are elected, the City Clerk shall provide each newly elected Councilmember with copies of the City Charter, City Code, City budget, last annual audit, last annual and current City Manager reports, and any other readily available materials which contains information which will facilitate the knowledge of the Councilmember on assumption of office.

(C) Automatic Cessation of Appointment. If a regular City employee is appointed City Clerk, such appointment shall cease upon that employee's termination from regular service.

The City Treasurer shall be appointed by the Council which shall also determine the compensation for such office. The Treasurer shall be appointed solely on the basis of executive and administrative qualifications and shall serve at the pleasure of the Council. The Council may establish a separate position of City Treasurer or may appoint a regular City employee as Treasurer.

(A) Power and duties. The Treasurer shall perform the duties prescribed by State law and City ordinance and shall periodically provide a Treasurer's report to the Council as required.

(B) Automatic Cessation of Appointment. If a regular City employee is appointed Treasurer, such appointment shall cease upon that employee's termination from regular service.

The office of City Attorney is hereby created. The City Attorney shall be a department head, may be either full or part time and shall serve at the pleasure of the City Council. The City Attorney shall be the chief legal officer of the City, whose duties shall include but not be limited to:

(A) Duties. Advising the City Council, individual Councilmembers, the City Manager and his/her assistants, and department heads regarding the law relating to City affairs.

(B) Additional Duties. Representing the City in legal proceedings, prepare all ordinances and other needed legal documents, select and retain specialist counsel when and where there is a need for such specialized legal services and perform such other duties as may be prescribed by ordinance.

(C) Approval of Contracts. Review and approve all City contracts as to legal form.

The City Council may retain special counsel when representation by the City Attorney would create an impermissible conflict or in other circumstances as determined by the City Council.

The City Council shall provide by ordinance for the establishment, regulation and maintenance of a personnel system governing those City human resource policies and procedures necessary to effective administration of the employees of the City. The ordinance shall include, but not be limited to, classification, pay, benefits, selection processes, appointments, force reduction, discipline, training, grievances, evaluations and fair employment practices.

There shall be a Planning Commission of not less than seven (7) members. No person may be a member of the Planning Commission unless he/she is an elector of and maintains his/her residence in the City. The number, powers, duties, other qualifications, appointment, removal, and compensation, if any, of the Commission shall be set by ordinance.

The City Council may create other boards, commissions and committees and prescribe their powers and duties, determine the number and qualification of the members, their method of selection, term of office and removal, and fix their compensation, if any. Such boards and commissions shall be advisory to the Council and shall not exercise any administrative powers except as the Council shall otherwise determine by ordinance.