When the masculine gender is used in this charter, it shall
also mean the feminine unless the masculine alone is clearly indicated.
The powers of the initiative and referendum are reserved to
the people of the city. In the exercise of these powers, the requirements
of the state constitution and law shall be observed.
Appointments and promotions in the service of the city shall
be made solely on the basis of merit and fitness; and layoffs, suspensions,
demotions and removals shall be made solely for the good of the service.
The council, by ordinance and/or personnel rules, shall have power
to define the classified service and otherwise regulate personnel
matters.
Any officer or employee in the classified service, who is laid
off, suspended without pay, demoted or removed, after a probationary
period of six months, may appeal to the personnel board, which shall
be created by ordinance, under regulations to be adopted by the council
by ordinance and/or personnel rules. As soon as practicable after
the appeal, the board shall hold a public hearing thereon, or give
an adequate opportunity therefor, and shall report in writing its
findings and recommendations, in cases of subordinates of the city
manager, to the city manager, and in other cases to the respective
authorities having power of removal. The city manager or other authority
having power of removal shall then make a final decision in writing
regarding the appellant's layoff, suspension, demotion or removal,
as the case may be; provided that, if the board finds to its satisfaction
that the layoff, suspension, demotion or removal was made for a political
reason or reasons or for any other reason or reasons than the good
of the service, it shall veto the layoff, suspension, demotion or
removal, and the action by the city manager or other authority shall
be nullified thereby.
Officers and employees of the city shall have the qualifications
prescribed by this charter and such additional qualifications as the
council may prescribe; but the council shall not prescribe additional
qualifications for councilmen.
Neither the city manager, the council nor any other authority
of the city government, may appoint or elect any person related to
any councilman, to the city manager, or to himself, or, in the case
of a plural authority, to one of its members, by affinity or consanguinity
within the third degree, to any office or position of profit in the
city government; but this shall not prohibit an officer or employee
so related from continuing in the service of the city.
Except as may be otherwise provided by this charter or by ordinance,
the same person may hold more than one office or position in the city
government. The city manager may hold more than one such office or
position through appointment by himself, by the council or by other
city authority having power to fill the particular office or position,
subject to any regulations which the council may make by ordinance;
but he may not receive compensation for service in such other offices
and positions. Also the council by ordinance may provide that the
city manager shall hold ex officio designated administrative offices
subordinate to the city manager as well as other designated compatible
city offices.
The city manager, the city clerk, the city treasurer, the hospital
administrator and such other officers and employees as the council
may designate, before entering upon their duties, shall provide bonds
for the faithful performance of their respective duties, payable to
the city, in such form and in such amounts as the council may prescribe,
with a surety company authorized to operate within the state. The
city shall pay the premiums on such bonds.
Every officer of the city, before entering upon the duties of
his office, shall take and subscribe to the oath or affirmation of
office prescribed by the state constitution. The oath or affirmation
shall be filed and kept in the city clerk's office.
All officers authorized by federal or state law, the mayor,
the city manager, the city clerk, the heads of all other administrative
departments, the municipal judge and such other officers as the council
may authorize, may administer oaths and affirmations.
Except as otherwise provided by this charter, the power to lay
off, suspend, demote and remove accompanies the power to appoint or
elect; and the city manager or other appointing or electing authority
may lay off, suspend, demote or remove any officer or employee to
whom he or the other appointing or electing authority respectively
may appoint or elect a successor.
The appointing or electing authority who may appoint or elect
the successor of an officer or employee, may appoint or elect a person
to act during the temporary absence, leave, disability or suspension
of such officer or employee, or, in case of a vacancy, until a successor
is appointed or elected and qualifies, unless the council provides
by ordinance that a particular superior or subordinate of such officer
or employee shall act. The council by ordinance may provide for a
deputy to act in such cases. Also an acting municipal judge may be
appointed to serve in any case or proceeding for which the municipal
judge is disqualified.
Every officer who is elected or appointed for a term ending
at a definite time, shall continue to serve thereafter until his successor
is elected or appointed and qualifies unless his services are sooner
terminated by resignation, removal, disqualification, death, abolition
of the office or other legal manner.
All records and accounts of every office, department or agency
of the city government, except records and documents the disclosure
of which would tend to defeat the lawful purpose which they are intended
to accomplish, shall be open to public inspection.
If a court of competent jurisdiction should hold any section
or part of this charter invalid, such holding shall not affect the
remainder of this charter nor the context in which such section or
part so held invalid may appear, except to the extent that another
section or part may be inseparably connected in meaning and effect
with that section or part.
If a court of competent jurisdiction holds a part of this charter
invalid, or if a change in the state constitution or law renders a
part of this charter invalid or inapplicable, the council by ordinance
may take such appropriate action as will enable the city government
to function properly.
The council by ordinance may provide the method of keeping books
of account by the trustee of the perpetual care fund of the cemetery
of the City of El Reno for all funds received by such trustee, the
form of and the persons required to execute or attest the receipts
to be issued by such trustee for funds received, and the particular
reports, receipts and other papers required to be recorded by the
district court clerk in the cemetery records in his office. Nothing
herein shall require the continuation of the trusteeship.