(a)
Appointment. The Council shall appoint a City Manager
for an indefinite term and shall by ordinance fix the compensation
and conditions of employment for such office. The City Manager shall
be appointed solely on the basis of such person's executive and
administrative qualifications. The Council may not require City of
Ellisville residency as a condition for appointment of a City Manager
by ordinance or resolution.
(b)
Evaluation. At least once a year after the appointment
of the City Manager, the Council shall evaluate the performance of
the City Manager and the results of that evaluation shall be made
a part of the confidential personnel file of the City Manager.
The Council may remove the City Manager from office at will
in accordance with the following procedures:
(1)
The Council shall adopt by an affirmative vote of a majority of all
of its members a preliminary resolution for removal without stating
the reasons for such removal. Such resolution may suspend the City
Manager from duty, with or without pay, for a period not to exceed
forty-five (45) days. A copy of the resolution shall be delivered
promptly to the City Manager.
(2)
Within five (5) days after a copy of the resolution is delivered
to the City Manager, the City Manager may file with the Council a
written request for a closed meeting with the Council to discuss the
resolution. This meeting shall be held during a closed Council meeting
not earlier than twenty (20) days nor later than thirty (30) days
after the request is made. The City Manager may file with the Council
a written reply not later than five (5) days before the meeting.
(3)
In the event a closed meeting has not been requested by the City
Manager, the Council may adopt a final resolution of removal, without
stating the reason for such removal, any time after five (5) days
from the date when a copy of the first (1st) resolution was delivered
to the City Manager. An affirmative vote of a majority of all the
Council Members is required to make the resolution effective. A removal
may be made effective immediately. If a closed meeting is requested
by the City Manager, the Council may consider a final resolution at
any time five (5) days after the date the requested closed meeting
procedures are completed. The City Manager shall continue to receive
compensation until the effective date of a final resolution of removal.
Since the City Manager serves at the will of the Council, not by virtue
of any right, the action of the Council in suspending or removing
the City Manager shall not be subject to review by any court or agency.
During the temporary absence or disability of the City Manager,
the Assistant City Manager, previously designated by the City Manager,
will exercise the powers and perform the duties of the City Manager.
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 City Manager shall return or his disability shall cease. In the
event there is no Assistant City Manager, the Council shall select
someone to serve in that capacity.
The City Manager shall be responsible to the Council for the
administration of all operations placed in the charge of the City
Manager by or under this Charter. The City Manager shall:
(1)
In accordance with the laws of the State of Missouri, the provisions
of this Charter, and any personnel rules adopted previously by the
Council or adopted pursuant to this Charter, appoint, suspend or remove
any City employees and appointed administrative officers provided
for, by or under this Charter, except the City Clerk, City Attorney,
Assistant City Attorneys, Prosecuting Attorney, Assistant Prosecuting
Attorneys, Municipal Judge and Provisional Municipal Judges. The City
Manager may authorize any administrative officer who is subject to
direction and supervision of the City Manager to exercise these powers
with respect to subordinates in that officer's department;
(2)
Direct and supervise the administration of all departments of the
City, except as otherwise provided by this Charter or by law. The
City Manager shall not supervise the administration of the offices
of the City Clerk, City Attorney, Assistant City Attorneys, Prosecuting
Attorney, Assistant Prosecuting Attorneys, Municipal Judge and Provisional
Municipal Judges;
(3)
Attend all meetings of the Council, and committees of its members,
except as excused by the Council, or committee, and except when the
Council may be considering personnel matters relating to the City
Manager. The City Manager shall have the right to take part in discussions
at meetings of the Council but shall have no power to vote. The City
Manager shall receive notice of all meetings;
[Ord. No. 2518 §1(C), 8-21-2002, passed by a vote
on November 5, 2002]
(4)
Provide that all laws, provisions of this Charter and legislative
acts of the Council, subject to enforcement by the City Manager or
by officers subject to the direction and supervision of the City Manager
are faithfully executed;
[Ord. No. 2518 §1(D), 8-21-2002, passed by a vote
on November 5, 2002]
(5)
Supervise and be responsible for the preparation of the annual budget,
capital program and long range plan, and promptly submit all of the
above to the Council;
(6)
In addition to the annual audit, at the end of each fiscal year,
submit to the Council, and make available to the public, a complete
report on the finances and the administrative activities of the City;
[Ord. No. 2518 §1(E), 8-21-2002, passed by a vote
on November 5, 2002]
(7)
Keep the Council fully informed so that the Council shall properly
execute their legislative and policy making functions and make such
other reports as the Council may require concerning the operations
of City departments, offices and agencies subject to the direction
and supervision of the City Manager;
(8)
Prepare and submit to the Council policy recommendations for programs
and priorities which, in the opinion of the City Manager, should be
considered by the Council. These recommendations shall be submitted
on an on-going basis, but not less than quarterly;
[Ord. No. 2518 §1(F), 8-21-2002, passed by a vote
on November 5, 2002]
(9)
Facilitate the prompt, economical and efficient dispatch of City
business. To that end, the City Manager may from time to time:
(a)
Organize or reorganize work within or among departments responsible
to the City Manager;
(b)
Assign assistants, deputies and employees from any office or department
of the City government under direction of the City Manager to perform
work or service in connection with any other office or department,
or to work in more than one (1) of such offices and departments. The
City Manager can reorganize the work force and establish or abolish
departments and consolidate the same, provided his reorganization
plan is in writing, is filed with the Council and that reorganization
plan is approved by ordinance prior to implementation.
[Ord. No. 2518 §1(G), 8-21-2002, passed by a vote
on November 5, 2002]
(10)
Keep the Council fully advised on the financial condition and future
needs of the City and make such other recommendations to the Council
concerning the affairs of the City as are deemed advisable;
(11)
Perform such other duties as may be prescribed by this Charter or
required by the Council consistent with this Charter.
