Sec. 1. Appointment
of and evaluation of city manager.
A. The Council shall appoint a City Manager and who shall have the powers and perform the duties provided in this Charter. No
Councilmember shall receive such appointment during the term for which he shall have been
elected nor for one year after the expiration of his term. The Council shall have the
option of entering into a written agreement with the City Manager setting forth the terms
and conditions of employment of the City Manager by the Council, provided that the written
agreement shall be for an indefinite term and shall not restrict the power of the Council
to remove the City Manager pursuant to Article III, Section 6 of this Charter.
B. The Council shall evaluate the City
Manager not less than annually and on or before December 31 of each
year. The Evaluation shall be done pursuant to a process adopted
by ordinance of the Council and available for public inspection.
Notwithstanding any other provision of this charter or law, the
ordinance and any amendments thereto adopting the process for evaluation
of the City Manager shall not be adopted as an emergency item.
(Approved by voters on 3-11-97; approved by Governor on 5-28-97)
(Approved by voters on 5-17-05; approved by Governor on
7-05-05)
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Sec. 2. The city manager; qualifications.
The city manager shall be chosen by the council solely on the basis of his
executive and administrative qualifications with special reference to his actual
experience in, or his knowledge of, accepted practice in respect to the duties of his
office as hereinafter set forth.
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Sec. 3. City manager; powers and duties.
The city manager shall be the chief administrative officer and head of the
administrative branch of the city government. He shall be responsible for the proper
administration of all affairs of the city and to that end, subject to the provisions of
this charter, he shall have power and shall be required to:
(1) Devote his entire time to the discharge of his official duties, attend
all meetings of the council unless excused therefrom by the council or mayor;
(2) See that all ordinances are enforced and that the provisions of all
franchises, leases, contracts, permits and privileges granted by the city are observed;
(3) Appoint, promote, remove and demote for cause, subject to rights of
appeal, and in compliance with applicable personnel rules and regulations, all officers
and employees of the city except the city attorney, and presiding municipal judge,
and as to these named officers, he shall recommend appointment and removal; provided,
however, that appointments of department directors shall be subject to approval of the city
council;
(4) Prepare the annual budget estimates and submit them to the council and
be responsible for the administration of the budget after adoption;
(5) Keep the council advised at all times of the affairs and needs of the
city, and make reports annually, or more frequently if requested by the council, of all
the affairs of the city;
(6) Have such other powers, duties and functions as this charter may
prescribe, and such powers, duties and functions consistent with this charter as the
council may prescribe.
(Approved by voters on 9-14-04, approved by
Governor on 7-28-05)
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Sec. 4. Right
of city manager to attend council meetings.
The city manager shall have the right to attend all council meetings and
take part in the discussions of all matters coming before the council.
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Sec. 5.
Acting city manager.
By letter filed with the city clerk, the manager shall designate, subject
to approval of the council, a qualified city administrative officer to exercise the powers
and perform the duties of the manager during his temporary absence or disability. During
such absence or disability, the council may revoke such designation at any time and
appoint another officer of the city to serve until the manager shall return or his
disability shall cease.
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Sec. 6.
Removal of city manager.
A. The removal of the city manager shall be by a majority vote of the
whole council.
B. Notwithstanding the provisions of this section, the City Manager shall
not be removed from office, other than for misconduct in office, during or within a period
of ninety (90) days commencing from the date of taking office of a member of the Council
following any general municipal election.
(Approved by voters on 3-11-97; approved by Governor on 5-28-97)
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