Division I — CITY ATTORNEY

SEC. 2-135. APPOINTMENT OF CITY ATTORNEY.

The city attorney shall be appointed by a majority vote of the city council and shall hold office at the pleasure of the city council.

(`64 Code, Sec. 2-5)

SEC. 2-136. CONFLICTS OF INTEREST OF FORMER EMPLOYEES.

(A) No former city employee designated herein shall, within one year after termination of employment, for compensation represent or advise any person in any proceeding to which the city is a party if the proceeding is one in which the former employee participated as a city employee.

(B) The terms used in subsection (A) shall be defined as follows:

(1) “City employee designated herein” shall mean any city officer or employee in any of the following classifications:

(a) City council member;

(b) City manager;

(c) Assistant city manager;

(d) Deputy city manager;

(e) City attorney;

(f) Assistant city attorney;

(g) Chief assistant city attorney;

(h) Deputy city attorney;

(i) Development services director;

(j) Community development director;

(k) City planner;

(l) Principal planner;

(m) Building official;

(n) Plan check engineer;

(o) Supervising building inspector;

(p) Code enforcement official;

(q) Chief financial officer;

(r) Housing director;

(s) Public works director.

(2) “Termination of employment” shall mean voluntary termination, involuntary termination, resignation at the city's request, or retirement.

(3) “Proceeding to which the city is a party” shall mean any application for any permit or entitlement, contract, claim, investigation, negotiation, purchase and sale,

or any other matter involving the discretionary powers and responsibilities of the city or entities governed by the city council.

(4) “Participated” means to have taken part personally and substantially at a policy level in the proceeding through decision, recommendation, investigation, or use

of confidential information.

(5) The term “policy level” shall include fact finding, recommending, analyzing and other activities which would foreseeably influence the decision or result in the

proceeding.

(C) Subsection (A) shall not apply to the furnishing of technical, expert, or specialized services to the city by a former city employee at the city's request.

(D) In addition to any other available remedy, the city may decline to deal with and may refuse to approve the entitlement sought by any person represented or advised by a former city employee in violation of this section.

(`64 Code, Sec. 2-6) (Ord. No. 1886, 1964, 2004, 2062, 2107, 2137, 3031)

SEC. 2-137. CONDITIONS FOR PUBLIC CONTRACT WORK GENERALLY.

The city may require all contracts or specifications relating to public works or improvements to be paid for directly by the city to contain the following provisions:

(A) Preference to local labor - The contractor agrees that in the employment of labor, other than foremen and office personnel, the contractor will give preference to bona fide residents of the city who have been such for at least six months prior to such employment as follows. At least 75% of the laborers employed upon the project shall at all times be such residents of the city; provided, however, that in the event there is not a sufficient number of laborers available who are such residents of the city to do the work without delay or efficiently, then, with the written approval of the city engineer, a smaller proportion of resident laborers may be employed.

(B) List of workers to be furnished daily - The contractor further agrees to furnish to the city engineer each day during the life of this contract a complete list of all persons employed or discharged on the previous day, together with the correct home address of each such person.

(C) Discharge of employees upon request of engineer - The contractor further agrees to, within 24 hours of the receipt of notice from the city engineer so to do, discharge any employee on the work who is, in the opinion of the engineer, incompetent, careless, untrustworthy, unskillful, or otherwise unfitted for the work, or who is a nonresident of the city when more than 25 % of the laborers employed upon the work are nonresidents, and residents are available to prosecute the work efficiently without delay; and that the contractor will forfeit to the city a penalty of $5 per day for each person retained upon the work after notice from the city engineer to discharge such person for any of the causes mentioned herein.

(`64 Code, Sec. 2-7)

SEC. 2-138. PROVISIONS TO BE INCLUDED IN INVITATIONS TO BID.

The city clerk, when directed so to do, shall include, in all notices calling for bids on public works or improvements, the following provisions:

(A) Preference to local labor -

(1) In the proposal submitted by the bidder, the bidder must agree, if awarded the contract, that in the employment of labor other than foremen and office

personnel, the bidder will give preference to bona fide residents of the city who have been such for at least six months prior to such employment.

(2) At least 75% of persons employed upon the work shall at all times be such residents of the city; provided, however, that in the event there is not a sufficient

number of persons available who are such residents of the city to do the work without delay or efficiently, then with the written approval of the city engineer, a smaller proportion of resident persons may be employed.

(B) List of workers to be furnished daily; penalty -

(1) The bidder must further set out in the proposal that if the bidder is awarded the contract, the bidder will furnish to the city each day during the life of the contract a complete list of all persons employed or discharged on the previous day, together with the correct home address of every such person; and that the bidder will, within 24 hours of the receipt of notice from the city engineer so to do, discharge any employee on the work who is, in the opinion of the city engineer, incompetent, careless, untrustworthy, unskilled, or otherwise unfitted for the work, or who is a nonresident of the city, when more than 25% of the persons employed upon the work are nonresidents and residents are available to prosecute the work efficiently without delay.

(2) The bidder will forfeit to the city a penalty of $5 per day for each persons retained upon the work after notice from the city engineer to discharge such person for

any of the causes mentioned herein.

(`64 Code, Sec. 2-8)