(a)
Appointment. The council shall appoint a Chief Administrative Officer
for an indefinite term and shall fix the compensation and conditions
of employment for such office. The Chief Administrative Officer shall
be appointed solely on the basis of such person's executive and
administrative qualifications. The Chief Administrative Officer need
not be a resident of the city or state at the time of appointment
but must become a resident of the city within the first year of such
appointment unless such time is extended by the council.
(b)
Evaluation. At least once each year after the appointment of the
Chief Administrative Officer, the city council shall evaluate the
performance of the Chief Administrative Officer and the results thereof
shall be made a part of the confidential personnel file of the Chief
Administrative Officer.
The council may remove the Chief Administrative Officer with
or without cause from office in accordance with the following procedures:
The council shall adopt by an affirmative vote of a majority
of all of its members a preliminary resolution which must state the
reasons, if any, for removal and upon adoption of such resolution
may suspend the Chief Administrative Officer from duty for a period
not to exceed 45 days. A copy of the resolution shall be delivered
promptly to the Chief Administrative Officer.
Within five days after a copy of the resolution is delivered
to the Chief Administrative Officer, the Chief Administrative Officer
may file with the council a written request for a public hearing.
This hearing shall be held at a council meeting not earlier than 20
days nor later than 30 days after the request is made. The Chief Administrative
Officer may file with the council a written reply not later than five
days before the hearing.
The council may adopt a final resolution of removal, which may
be made effective immediately, by affirmative vote of a majority of
all of its members at any time after five days from the date when
a copy of the resolution was delivered to the Chief Administrative
Officer in the event a public hearing has not been requested, or at
any time after the public hearing has been completed, if one has been
requested. The Chief Administrative Officer shall continue to receive
compensation until the effective date of a final resolution of removal.
Since the Chief Administrative Officer serves at the will of the council,
and not by virtue of any right, the action of the council in suspending
or removing the Chief Administrative Officer shall not be subject
to review by any court or agency.
By letter filed with the City Clerk, the Chief Administrative
Officer shall designate a qualified person to exercise the powers
and perform the duties of the Chief Administrative Officer during
the temporary absence or disability of the Chief Administrative Officer.
During such absence or disability, the council may revoke such designation
at any time and appoint another qualified person to serve.
The Chief Administrative Officer shall be responsible to the
council for the administration of all city operations placed in the
charge of the Chief Administrative Officer by or under this charter.
The Chief Administrative Officer shall:
(a)
Appoint and, when deemed necessary for the good of the city, suspend
or remove all city employees and appointed administrative officers
provided for, by or under this charter, except the City Attorney,
the City Clerk, the Municipal Judge and the Provisional Municipal
Judge or except as otherwise provided by law, this charter, or personnel
rules adopted previously by the council or adopted pursuant to this
charter. The Chief Administrative Officer may authorize any administrative
officer who is subject to direction and supervision of the Chief Administrative
Officer to exercise these powers with respect to subordinates in that
officer's department.
(b)
Direct and supervise the administration of all departments of the
city except the City Attorney, City Clerk and Municipal Judge, and
except as otherwise provided by this charter or by law.
(c)
Attend all meetings of the council and committees of its members,
except when the council may be considering personnel matters relating
to the Chief Administrative Officer. The Chief Administrative Officer
shall have the right to take part in discussions at meetings of the
city council but shall have no power to vote. The Chief Administrative
Officer shall receive notice of all meetings.
(d)
Provide that all laws, provisions of this charter and acts of the
council, subject to enforcement by the Chief Administrative Officer
or by officers subject to the direction and supervision of the Chief
Administrative Officer are faithfully executed.
(e)
Supervise and be responsible for the preparation of the annual budget
and capital program and submit both to the council.
(f)
Submit to the council and make available to the public the complete
report on the finances and administrative activities of the city as
of the end of each fiscal year.
(g)
Keep the council fully informed so that the council shall properly
execute their legislative and policymaking functions and make such
other reports as the council may require concerning the operations
of city departments, offices and agencies subject to the direction
and supervision of the Chief Administrative Officer.
(h)
Prepare and submit to the council a statement of policy recommendations
for programs and priorities which, in the opinion of the Chief Administrative
Officer, should be considered by the council. This statement shall
be submitted not less than 180 days prior to the end of the fiscal
year.
(i)
Facilitate the prompt, economical and efficient dispatch of city
business, and to that end may from time to time organize or reorganize
work within or among departments responsible to the Chief Administrative
Officer, assign assistants, deputies and employees from any office
or department of the city government under direction of the Chief
Administrative Officer to perform work or service in connection with
any other office or department, or to work in more than one of such
offices or departments.
(j)
Keep the council fully advised on the financial condition and future
needs of the city and make such other recommendations to the council
concerning the affairs of the city as is deemed advisable.
(k)
Perform such other duties as may be prescribed by this charter or
required by the council consistent with this charter.
