Article V — CITY MANAGER

SECTION 500. - City Manager.

There shall be a city manager who shall be the chief administrative officer of the city. In the election of a city manager the city council shall screen all qualified applicants and other qualified persons known by the council to be available. It shall appoint, by a majority vote, the person that it believes to be best qualified on the basis of his/her executive and administrative qualifications, with special reference to his/her experience in, and his/her knowledge of, accepted practice in respect to the duties of the office as set forth in this charter. The city manager shall serve at the pleasure of the city council.

(Ord. No. 3112, § 2, 2-25-20)

SECTION 501. - Residence.

The city manager need not be a resident of the city at the time of his/her appointment, but he/she shall establish his/her residence within the city within ninety days after his/her appointment, unless such period is extended by the city

council, and thereafter maintain his/her residence within the city during his/her tenure of office. [2]

(Memo of 6-22-15; Ord. No. 3112, § 2, 2-25-20)

Note— Residency provision is not enforced as it conflicts with state law.

SECTION 502. - Eligibility.

No person shall be eligible to receive appointment as city manager while serving as a member of the city council nor within three years after he/she has ceased to be a city council member.

(Ord. No. 3112, § 2, 2-25-20)

SECTION 503. - Compensation and Bond.

The city manager shall be paid a salary commensurate with his/her responsibilities as chief administrative officer of the city, which salary shall be established by ordinance or resolution. The city manager shall be entitled as a minimum compensation to six months salary commencing with the first day of his/her employment notwithstanding his/her removal by the city council within said six months period, unless he/she shall die, resign, or be convicted of a crime involving moral turpitude, in which event his/her compensation shall cease at the conclusion of his/her service.

The city manager shall furnish a corporate surety bond conditioned upon the faithful performance of his/her duties in such form and in such amount as may be determined by the city council.

(Ord. No. 3112, § 2, 2-25-20)

SECTION 504. - City Manager; Powers and Duties.

The city manager shall be the head of the administrative branch of the city government. He/she shall be responsible to the city council for, and shall have jurisdiction over, the proper administration of all affairs of the city except those delegated by this charter to the city attorney or to the board of hospital trustees. [3] Without limiting the foregoing general grant of powers, responsibilities and duties, the city manager shall have power and be required to:

(a)

Appoint, and he/she may suspend or remove, subject to the provisions of the charter including the civil service system provisions thereof, all department heads and officers of the city except elective officers and those department heads and officers the power of whose appointment is vested by this charter in the city council or in the board of hospital trustees; provided, however, that the appointment, removal and suspension of the librarian, the city clerk, the controller and the treasurer shall be subject to the approval of the city council, and the appointment (but not the suspension or removal) of other department heads by the city manager shall be subject to the approval of the city council; and approve or disapprove all proposed appointments and removals of subordinate employees by those department heads who are appointed by the city manager.

(b)

Prepare the budget annually, submit such budget to the city council and be responsible for its administration after its adoption.

(c)

Prepare and submit to the city council as of the end of the fiscal year a comprehensive report on the finances and administrative activities of the city for the preceding fiscal year.

(d)

Keep the city council advised of the financial condition and future needs of the city and make such recommendations as may seem to him/her desirable.

(e)

Prepare rules and regulations governing the contracting for, purchasing, storing, distribution, or disposal of all supplies, materials and equipment required by any office, department or agency of the city government and recommend them to the city council for adoption by it.

(f)

See that the laws of the state pertaining to the city, the provisions of this charter and the ordinances of the city are enforced.

(g)

Prescribe such general rules and regulations as he/she may deem necessary or proper for the general conduct of the administrative offices and departments of the city under his/her jurisdiction, and exercise control of all such administrative offices and departments and the officers and employees thereof.

(h)

Perform such other duties consistent with this charter as may be required of him/her by the city council.

(Memo of 6-22-15; Ord. No. 3112, § 2, 2-25-20)

Note— The City no longer operates a hospital.

SECTION 505. - Meetings.

The city manager shall be accorded a seat at the city council table and at all meetings of boards and commissions and shall be entitled to participate in their deliberations, but shall not have a vote.

SECTION 506. - Removal.

The city manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the city council is elected. At any other time the city manager may be removed only at a regular meeting of the city council and upon the affirmative votes of at least three members of the city council. At least thirty days prior to the effective date of his/her removal, the city manager shall be furnished with a written notice stating the council's intention to remove him/her and the reasons therefor. Within seven days after receipt of such notice, the city manager may by written notification to the city clerk request a public hearing before the city council, in which event the council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to. The city manager shall appear and be heard at such hearing. After furnishing the city manager with written notice of his/her intended removal, the city council may suspend him/her from duty, but his/her compensation shall continue until his/her removal as herein provided. In removing the city manager, the city council shall use its uncontrolled discretion, and its actions shall be final and shall not depend upon any particular

showing or degree of proof at the hearing, the purpose of which is to allow the city council and the city manager to present to each other and to the public all pertinent facts prior to the final action of removal.

(Ord. No. 3112, § 2, 2-25-20)

SECTION 507. - Manager Pro Tempore.

The city manager may appoint, subject to the approval of the city council, one of the officers or department heads of the city, or any other qualified person, to serve as manager pro tempore during the temporary absence or disability of the city manager. In the event of the death, resignation or dismissal of the city manager, the city council may appoint any qualified person to act as city manager pro tempore pending the appointment of a new city manager.