Newark Municipal Code Ch. 2.04 City Manager

The office of the city manager is created and established. The city manager shall be appointed by the city council solely on the basis of his executive and administrative qualifications and ability, and shall hold office for and during the pleasure of the city council.

(Ord. 24 § 1, 1956)

Residence in the city at the time of appointment shall not be required as a condition of appointment, but within one hundred eighty days thereafter the city manager must become a resident of the city, or the city council shall declare the office of the city manager to be vacant.

(Ord. 24 § 2, 1956)

No person elected as a councilman of the city shall, subsequent to such election, be eligible for appointment as a city manager until after one year has elapsed since such council member has ceased to be a member of the city council.

(Ord. 24 § 3, 1956)

The city manager shall furnish a corporate surety bond to be approved by the city council in such sum as may be determined by the city council and shall be conditioned on a faithful performance of the duties imposed upon the city manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the city.

(Ord. 24 § 4, 1956)

In the case of the absence or disability of the city manager, the city council may designate some duly qualified person to perform the duties of the city manager during the period of absence or disability of the city manager subject, however, to the person furnishing a corporate surety bond and conditioned on a faithful performance of the duties required to be performed as set forth in Section 2.04.040.

(Ord. 24 § 5, 1956)

The city manager shall receive such compensation as the city council shall from time to time determine and fix by resolution, and the compensation shall be a proper charge against such funds of the city as the city council shall designate. The city manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties, or incurred when traveling on business pertaining to the city under direction of the city council; reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for which the reimbursement is requested, is presented to the city council and by the city council duly approved and allowed.

(Ord. 24 § 6, 1956)

The city manager shall be the administrative head of the city government under the direction and control of the city council, except as otherwise provided in this chapter. He shall be responsible for the efficient administration of all the affairs of the city which are under his control; in addition to his general powers as administrative head and not as a limitation thereon it shall be his duty and he shall have the power:

A. To see that the laws of the state pertaining to the city and all laws and ordinances of the city are duly enforced and that all franchises, permits, and privileges granted by the city are faithfully observed;

B. To control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his jurisdiction, except the city attorney, through their department heads;

C. The city manager shall, in addition to all other duties provided in this section, be the personnel officer of the city and shall be charged with the duties of enforcement of Chapter 2.28, the personnel rules, and any other regulations or rules adopted by the city council with respect to personnel;

D. To exercise control over and supervise in general all departments and divisions of the city government and all appointive officers and employees thereof, including the city clerk and the city treasurer, but not including the city attorney;

E. To attend all gatherings of the city council, unless excused therefrom by the city council, except when his removal is under consideration by the city council;

F. To recommend to the city council for adoption such measures and ordinances as he deems necessary or expedient;

G. To keep the city council at all times fully advised as to the financial conditions and needs of the city;

H. To prepare and submit to the city council the annual budget and to administer it after adoption;

I. To purchase or cause to be purchased all supplies for the departments or divisions of the city;

J. To make investigation into the affairs of the city and any department or division thereof and any contract or the proper performance of any obligation running to the city;

K. To investigate all complaints in relation to matters concerning the administration of the government of the city and in regard to the services maintained by public utilities in the city and to see that all franchises, permits and privileges granted by the city are faithfully observed;

L. To execute general supervision over all public buildings, public parks, streets and other public property which are under the control and jurisdiction of the city council;

M. To devote his entire time to the duties and interests of the city;

N. To make reports and recommendations as may be desirable or as requested by the city council;

O. To perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other action of the city council, and to hold and perform the duties thereof at the pleasure of the city council;

P. To provide leadership for civic movements designed to benefit residents of the city when so authorized by the city council.

(Ord. 24.1 § 1, 1963; Ord. 24 § 7, 1956)

The city manager shall be an ex officio member of all boards and commissions appointed by the mayor and the city council pursuant to law, with a right to participate in all deliberations and actions by his voice but without vote.

(Ord. 24 § 8, 1956)

It shall be the duty of all the subordinate officers, including the city clerk, the city treasurer, and the city attorney to cooperate with and assist the city manager in administering the affairs of the city most efficiently, economically and harmoniously so far as may be consistent with their duties as prescribed by law and ordinances of the city.

(Ord. 24 § 9, 1956)

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 members thereof shall give orders to any subordinates of the city manager.

(Ord. 24 § 10, 1956)

The removal of the city manager shall be only upon a three-member vote of the whole council of the city. In case of his intended removal by the council, the city manager shall be furnished with a written notice stating the council's intention to remove him and the reasons therefor, at least thirty days before the effective date of his removal.

(Ord. 24 § 11, 1956)

Within seven days after delivery to the city manager of such notice he may, by written notification to the city clerk, request a public hearing before the council. Thereafter, the council shall fix a time for the public hearing which shall be held at its usual meeting place, but before the expiration of the thirty-day period, and at which time the city manager shall appear and be heard.

(Ord. 24 § 12, 1956)

After furnishing the city manager with written notice of intended removal, the city council may suspend him from duty, but his compensation shall continue until his removal by a resolution of the council passed subsequent to the aforesaid public hearing.

(Ord. 24 § 13, 1956)

In removing the city manager, the city council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is for the city manager to publicly present to the city council his grounds for opposition to removal prior to its action.

(Ord. 24 § 14, 1956)

Notwithstanding the provisions of Sections 2.04.110 through 2.04.140, the city manager shall not be removed from office during or within the period of ninety days next succeeding any general municipal election held in the city, at which election a member of the city council is elected. The purpose of this provision is to allow any newly elected member to the city council or a reorganized city council to observe the actions and ability of the city manager in the performance of the powers and duties of his office. After the expiration of said ninety-day period aforementioned, the provisions of Section 2.04.140 as to the removal of the city manager shall apply and be effective.

(Ord. 24 § 15, 1956)