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CHAPTER VIII MUNICIPAL ADMINISTRATION
Section 8.1 City Manager.
Section 8.2 Acting City Manager.
Section 8.3 Powers and Duties.
Section 8.4 Removal of City Manager.
Section 8.5 Relationship of Council to Administrative Service.
Section 8.6 City Clerk.
Section 8.7 Bonding of Employees.
Section 8.8 Administrative Departments.
Section 8.1 City Manager.
The City Manager shall be the chief executive and administrative officer
of the City. The Council, by a majority vote, shall appoint a City Manager
within a reasonable time whenever a vacancy exists in such position. Such
appointment shall be without definite term and shall be at a salary to be fixed
by Council. The manager shall be appointed without regard to any consideration
other than his fitness, competency, training and experience as a manager. At
the time of his appointment, he need not be a resident of the City or state, but
during tenure of office he shall reside within the City. No member of the
Council shall be appointed manager during the term for which he shall have been
elected, nor within one year after the expiration of his term.
Section 8.2 Acting City Manager.
The Council may appoint an acting City Manager during the period of
vacancy in the office, or during the absence or disability of the City Manager.
Such acting City Manager shall, while he is in such office, have all
responsibilities, duties, functions and authority of the City Manager.
Section 8.3 Powers and Duties.
The City Manager shall be responsible to the Council for the proper
administration of all affairs of the City placed in his charge, and to that end
he shall have the power and duty and be required to: (a) be responsible for the
enforcement of the laws and ordinances of the City; (b) hire, suspend, transfer
and remove City employees; (c) make appointments on the basis of executive and
administrative ability and of the training and experience of such appointees in
the work which they are to perform; (d) cause a proposed budget to be prepared
annually and submit it to the Council and be responsible for the administration
of the budget after its adoption; (e) prepare and submit to the Council as of
the end of the fiscal year a complete report on finances and administrative
activities of the City for the preceding year, and upon request of the Council
make written or verbal report at any time concerning the affairs of the City
under his supervision; (f) keep the Council advised of the financial condition
and future needs of the City, and make such recommendations to the Council for
adoption as he may deem necessary or expedient; (g) exercise supervision and
control over all executive and administrative departments except as otherwise
herein provided and recommend to the Council any proposal he thinks advisable to
establish, consolidate or abolish administrative departments; (h) be responsible
for the enforcement of all terms and conditions imposed in favor of the city in
any contract or public utility franchise, and upon knowledge of any violation
thereof, report the same to the Council for such action and proceedings as may
be necessary to enforce the same; (i) attend Council meetings and participate in
discussions with the Council in an advisory capacity without right to vote; (j)
establish a system of accounting and auditing for the City which shall reflect,
in accordance with generally accepted accounting principles, the financial
condition and financial operation of the City; (k) provide for engineering,
architectural, maintenance and construction services required by the City; and
(l) perform such other duties as may be prescribed by this Charter, or by
ordinance, or required of him by Council which are not inconsistent with this
Charter.
Section 8.4 Removal of City Manager.
The Council at a regular or special meeting may, upon the vote of the
majority of the entire Council, remove the City Manager from office. Upon such
termination the Council may in its discretion provide termination pay.
Section 8.5 Relationship of Council to Administrative Service.
Neither the Council, its members, the mayor, nor any council committee
shall dictate the appointment of any person to office by the city manager except
as otherwise provided in this Charter or in any way interfere with the city
manager or other city officer to prevent him from exercising his judgment in the
appointment or employment of officers and employees in the administrative
service. Except for the purpose of inquiry, the council, its members, the mayor
and any council committee shall deal with the administrative service solely
through the city manager and neither the council, its members, the mayor, nor
any council committee thereof shall give orders to any of the subordinates of
the city manager.
Section 8.6 City Clerk.
The Manager with the approval of Council shall appoint a City Clerk, who
shall be custodian of the City seal and who shall keep a journal of Council
proceedings and record in full all ordinances, motions and resolutions. The
Clerk shall have power to administer oaths and take acknowledgments under seal
of the City, and shall perform such other duties as required by this Charter,
the Council, or the Manager. The Manager, with the approval of City Council,
can remove the City Clerk in a manner similar to which he or she is
appointed.
Section 8.7 Bonding of Employees.
All City officials and employees dealing directly with municipal funds
or substantial inventories of materials and supplies shall post bond in an
amount and under such conditions as required by Council, and at the expense of
the City.
Section 8.8 Administrative Departments.
(a) The administrative functions of the City shall be performed by the
departments existing at the time this Charter is adopted and such departments as
the Council may hereafter establish by ordinance, upon recommendation of the
City Manager. The Council may, by ordinance, upon recommendation of the City
Manager, consolidate or merge any departments, whether set forth in this Charter
or established by ordinance.
(b) All departments of the City, except as otherwise provided in this
Charter, shall be under the supervision and control of the City Manager, and he
shall have the right to divide with Council approval such departments into
separate divisions and to assign various functions and duties to the different
departments and divisions.
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