All powers of the City shall be vested in the Council unless
specifically provided otherwise in this Charter. The Council shall
provide for the exercise of these powers and for the performance of
all duties and obligations imposed on the City by law.
In all circumstances other than those recognized exceptions treated in Article
XIII of this Charter, the Council may determine the annual compensation of the Mayor and Council Members by ordinance, but no ordinance increasing such compensation shall become effective for a Mayor or Council Member until the commencement of a new term of office. In addition to their compensation, the Mayor and Council Members shall receive their actual and necessary expenses incurred in the performance of their duties, provided that such expenses are supported by appropriate documentation.
The Council shall be the judge of all questions pertaining to
the elections and qualifications of its members, including the Mayor
and of the sufficiency of the grounds for forfeiture of their office.
For that purpose, the Council shall have the power to issue subpoenas
to compel the testimony of witnesses and production of evidence and
to administer oaths, both on its own behalf and on behalf of the affected
member. Any person who willfully fails to comply with a subpoena issued
hereunder or who willfully violates an oath administered hereunder
shall be guilty of a misdemeanor subject to penalty as provided by
ordinance.
The Council shall adopt by an affirmative vote of a majority
of the unaffected members a preliminary resolution stating the reasons
a member has not been elected, is not qualified or has forfeited office
and upon adoption of such resolution may suspend the affected member
from duty for a period not to exceed forty-five (45) days. A copy
of the resolution shall be delivered promptly to the affected member.
Within five (5) days after a copy of the resolution is delivered
to the Council Member affected, he or she 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 Council Member
affected may file with the Council a written reply not later than
five (5) days before the hearing. The Council may adopt a final resolution
of removal, which may be effective immediately, by affirmative vote
of a majority of the unaffected members at any time after five (5)
days from the date a copy of the resolution was delivered to the affected
member in the event that a public hearing has not been requested,
or at any time after the public hearing has been completed, if a public
hearing has been requested. Decisions made by the Council under this
Section shall be subject to review by courts of appropriate jurisdiction.
The Council shall appoint an officer who shall have the title
of City Clerk for a term of three (3) years. The Council shall by
ordinance fix the compensation and conditions of employment for such
office. The City Clerk shall maintain the journal of Council proceedings,
authenticate by signature of the City Clerk all ordinances and resolutions
and record them in full in a book maintained for that purpose. The
City Clerk shall also perform such other duties as may be required
by law, by this Charter or by the Council. The City Clerk shall be
responsible to the Council.
The Council may make investigations into the affairs of the
City. In the event the Council determines to conduct a formal investigation,
it may do so only upon the vote of a majority of the Council then
in office setting forth with particularity the nature of the investigation.
In the event the Council undertakes a formal investigation, it may
conduct hearings, issue subpoenas to compel the testimony of witnesses
and production of evidence and administer oaths. Any person who willfully
fails to comply with a subpoena issued hereunder shall be guilty of
a misdemeanor subject to penalty as provided by ordinance.
The Council shall provide for an independent audit of all City
accounts at least annually. Such audits shall be made by a certified
public accountant or firm of such accountants having no personal interest,
direct or indirect, in the fiscal affairs of the City or any of its
officers. A copy of the report prepared by the certified public accountant
or firm of such accountants shall be sent directly from the auditor
to the Mayor and each Council Member and a copy shall be kept in the
City Clerk's office and shall be open to public inspection. No
certified public accountant or firm shall conduct the audit for more
than four (4) consecutive years.
All ordinances and resolutions of the City of a general and
permanent nature shall be codified and promulgated according to a
system of continuous numbering and revision as specified by ordinance.