[Adopted as Ch. 2, Art. III, Div. 1, of the 1972 Code,
as amended through 1990]
Except as may be provided by state law, the
City Charter, this Code or other ordinance, appointive officers of
the City need not be residents of this City or state at the time of
their appointment.
[Amended 5-31-1991 by Ord. No. 547; 4-26-2006 by Ord. No. 750]
Except as may be provided otherwise by state law, the City Charter, this Code or other ordinance, any nonelective officer of the City may be appointed or designated to fill two or more appointive offices concurrently as provided in § 29-3.
[Amended 5-31-1991 by Ord. No. 547; 4-26-2006 by Ord. No. 750]
When a vacancy occurs in any appointive City
office, whether by reason of death, disability, resignation, failure
to qualify or to assume the duties of office or any cause other than
expiration of the term of office, the Mayor shall appoint a qualified
person to fill such vacancy for the unexpired term, subject to the
approval of a majority of the Common Council (3/5 vote) or by 4/5
vote of the Common Council without the Mayor’s approval, unless
other provision is made for the filling of such vacancy by state law,
the City Charter, this Code or another ordinance.
[Amended 5-31-1991 by Ord. No. 547; 4-26-2006 by Ord. No. 750; 5-22-2006 by Ord. No. 755; 12-10-2012 by Ord. No. 837]
The City Administrator, the City Attorney, and
any other City department head, including the City Clerk, serve at
the pleasure of the Mayor and Common Council and can be removed, reassigned,
or temporarily suspended from his or her position or not reappointed
to his or her position by the Mayor with the approval of a majority
of the Common Council (3/5 vote) or by 4/5 vote of the Common Council
without the Mayor’s approval. Except with respect to the City
Administrator, the City Clerk, and the City Attorney, which offices
may be eliminated by ordinance as the Mayor and Common Council see
fit, the Mayor and Common Council may reorganize City government and
create or eliminate departments, including department head positions,
as they deem suitable to the City’s best interests, with the
approval of a majority of the Common Council (3/5 vote) or by 4/5
vote of the Common Council without the Mayor’s approval. In
the event that a department is eliminated, any reference in the City
Code to such department shall be deemed to be a reference to the office
of the City Administrator, and any reference to the head of such department
shall be deemed to be a reference to the City Administrator or his
or her designee.
[Amended 5-31-1991 by Ord. No. 547; 4-26-2006 by Ord. No. 750]
When any appointive City officer is temporarily
absent from the City, ill, disabled, under suspension or otherwise
unable to discharge the duties of the office under conditions which
do not cause a vacancy to occur, the City Administrator, after consultation
with the appropriate department head, if available, may appoint a
suitable person to discharge the duties of such officer on a temporary
basis.
Duly appointed or designated deputies and assistants
to nonelective City officers shall have such authority and perform
such duties as may be prescribed for them by their principals in addition
to such authority and duties as may be prescribed for them by state
law, the City Charter, this Code or other ordinance, except in any
case in which, by law or the City Charter, such delegation of authority
or performance of duty is not authorized.
