The Council by the affirmative vote of a majority of its members
shall appoint a City Manager, who shall serve at the pleasure of the
Council. The Manager shall be appointed solely on the basis of executive
and administrative qualifications. The Manager need not be a resident
of the City or State at the time of appointment. Compensation of the
Manager shall be as established by the Council.
The Manager shall be the Chief Administrative Officer of the
City and shall be responsible to the Council for the administration
of all City affairs placed in the Manager's charge by or under
this Charter. The Manager shall have the following powers and duties:
(a)
The Manager shall see that all laws, provisions of the Charter and
acts of the Council, subject to enforcement by the Manager or by officers
subject to the Manager's direction and supervision, are faithfully
executed:
(b)
The Manager shall appoint and, when the Manager deems it necessary
for the good of the City, suspend or remove all City employees and
appointive administrative officers provided for by or under this Charter,
except as otherwise provided by law, by this Charter or by the terms
of the personnel code adopted pursuant to this Charter. The Manager
may authorize any administrative officer who is subject to the Manager's
direction and supervision to exercise these powers with respect to
that officer's subordinates.
(c)
The Manager 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.
(d)
The Manager shall prepare and submit the annual budget and capital
program to the Council.
(e)
The Manager shall keep the Council fully advised of the financial
condition and future needs of the City. The Manager shall submit to
the Council a complete report on the finances and administrative activities
of the City as of the end of each fiscal year. The Manager shall make
such other reports as the Council may require concerning operations
of the City subject to the direction and supervision of the Manager.
(f)
The Manager shall attend all open Council meetings and shall have
the right to take part in discussion, but may not vote. The Manager
shall receive notice of all special meetings.
(g)
The Manager shall exercise such other powers and perform such other
duties as may be prescribed by this Charter, by ordinance or by law.
The Council may remove the Manager from office in accordance
with the following procedures:
(1)
The Council shall adopt by affirmative vote of a majority of all
of its members a preliminary resolution stating the reason for removal
and may suspend the Manager from duty for a period not to exceed forty-five
(45) days. A copy of the resolution shall be delivered promptly to
the Manager.
(2)
Within five (5) days after delivery to the Manager of a copy of the
resolution, the Manager may file with the Council a written request
for a public hearing. This hearing shall be held at a Council meeting
not earlier than fifteen (15) days nor later than thirty (30) days
after the request is filed. The Manager may file with the Council
a written reply not later than five (5) days before the hearing.
(3)
The Council may adopt a final resolution of removal, which may be
made effective immediately, by affirmative vote of a majority of all
its members at any time after five (5) days from the date when a copy
of the preliminary resolution was delivered to the Manager, if the
Manager has not requested a public hearing, or at any time after the
public hearing if the Manager has requested one.
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The Manager shall continue to receive full salary until the
effective date of a final resolution of removal.
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