The Mayor and the City Council shall meet jointly to review
all applications for the position of City Administrator. After consultation,
the Mayor shall appoint and the City Council may confirm a City Administrator
for a term of three (3) years, and the City Council shall fix the
City Administrator's compensation. The City Administrator shall be
appointed solely based on executive and administrative qualifications,
with special reference to actual experience in, or knowledge of, accepted
practice in respect to the duties of the office of City Administrator,
as herein set forth. The City Administrator need not be a resident
of the City or the State at the time of appointment but may reside
outside the City while in office only with the approval of the City
Council.
a.
Reappointment and Termination. Six months prior to the end of the
City Administrator's term, the Mayor and the City Council shall notify
the City Administrator in writing that they will or will not reappoint
the City Administrator for another term. Within ten (10) days of receipt
of the City Council's letter of intent, the City Administrator must
indicate an interest in being reappointed.
b.
Removal for Cause. The City Council may remove the City Administrator
from office in accordance with the following procedure:
1.
The City Council shall adopt by affirmative vote of the majority
of all its members a preliminary resolution which must state the reason
or reasons for removal, and may suspend the City Administrator from
duty for a period not to exceed forty-five (45) days. A copy of the
preliminary resolution shall be served on the City Administrator promptly.
2.
Within five (5) days after the copy of the preliminary resolution
has been served on the City Administrator, the City Administrator
may file with the City Council a written request for a public hearing.
This hearing shall be held at a City Council meeting not earlier than
fifteen (15) days nor later than thirty (30) days after the request
is filed. The City Administrator shall file with the City Council
a written reply not later than five (5) days before the hearing.
3.
If the City Administrator has not requested a public hearing or at
any time after the public hearing, the City Council may adopt a final
resolution of removal. The resolution may be made effective immediately,
by affirmative vote of a majority of all the Council members at any
time after five (5) days from the date when a copy of the preliminary
resolution was served on the City Administrator.
4.
The City Administrator shall continue to receive the contract salary
until the effective date of a final resolution of removal.
During any vacancy in the office of City Administrator and during
the temporary absence or disability of the City Administrator, as
determined by vote of the Council, the Council may designate a properly
qualified person to perform the duties of City Administrator and fix
such person's compensation. While so acting, such person shall have
the same powers and duties as those given to and imposed on the City
Administrator. This person shall not be the Mayor, or a City Councilor,
or a former Mayor or City Councilor, unless that person has been out
of office for at least a year.
The City Administrator shall be the chief administrative officer
of the City. The City Administrator shall be responsible to the Mayor
and the City Council for administration of all City affairs whether
directed by the vote of the City Council or under this Charter. The
City Administrator shall have the following powers and duties:
a.
The City Administrator shall appoint, suspend or remove, subject
to consultation with the Mayor and confirmation by the City Council,
all department heads provided by or under this Charter, except as
otherwise provided for by law or this Charter. All other employees
shall be appointed by the City Administrator upon recommendation of
the heads of their respective departments and their appointment, suspension
or removal shall be as provided for by personnel rules adopted pursuant
to this Charter. The City Administrator may authorize any department
head who is subject to the City Administrator's direction and supervision
to exercise these powers with respect to subordinates in that officer's
department, office or agency.
b.
The City Administrator shall direct and supervise the administration
of all departments, offices and agencies of the City, except as otherwise
provided by this Charter or by law.
c.
The City Administrator shall attend all City Council meetings, unless
excused by the City Council, and shall have the right to take part
in discussion but may not vote.
d.
The City Administrator shall see that all laws, provisions of this
Charter and acts of the City Council, subject to enforcement by the
City Administrator or those subject to the City Administrator's direction
and supervision, are faithfully executed.
e.
The City Administrator shall prepare and submit the annual budget
and the capital program to the Mayor and the City Council.
f.
The City Administrator shall submit to the Mayor and the City Council
and make available to the public a complete report on the financial
and administrative activities of the City as of the end of the fiscal
year. The time for filing the Annual Report may be extended by the
City Council, for good cause, for an additional period, not to exceed
45 days.
g.
The City Administrator shall prepare and submit to the Mayor and
the City Council such reports and shall perform such duties as the
Mayor and City Council may require and shall make such recommendations
to the Mayor and the City Council concerning the affairs of the City
on a quarterly basis or more frequently if requested.
h.
The City Administrator shall carry out policy as instructed,
and refer political decision-making to the Mayor and the City Council.
