[Amended 9-5-1990, approved 11-6-1990 by election; 11-5-2005 by election]
The chief administrative officer of the city shall be the City
Manager. The Council shall appoint a person especially qualified by
experience and training, who received the votes of at least six members
of the Council, to be the City Manager. The Council shall fix the
Manager's salary and such other conditions of employment not inconsistent
with this Charter. The City Manager shall serve for an indefinite
term of office.
The Manager shall be chosen solely on the basis of their executive
and administrative qualifications, and they need not be a resident
of the city or the state at the time of their appointment, but if
they are not a resident, they shall become a bona fide resident of
the city within 90 days of their appointment.
[Amended 9-25-1985, approved 11-5-1985 by election; 11-5-2005 by election; 11-2-2021 by election]
The Manager may be removed by the affirmative vote of at least
six members of the Council as herein provided. At least 30 days before
the proposed removal of the Manager, the Council shall adopt a resolution
stating its intention to remove him/her and the reasons therefor,
a copy of which shall be served forthwith on the Manager, who may,
within 10 days, demand a public hearing, in which event, the Manager
shall not be removed until such public hearing has been held. Upon
or after passage of such a resolution, the Council may suspend the
Manager from duty, but his/her pay shall continue until removal. In
case of such suspension, the Council may appoint an Acting Manager
to serve at the pleasure of the Council.
[Amended 9-25-1985, approved 11-5-1985 by election; 11-2-2021 by election]
If the City Manager is determined by a vote of at least six
members of the full Council to be temporarily incapacitated or unable
to act for any cause or the Council determines that the office has
become vacant, an Acting City Manager shall be appointed by a majority
vote of the Council and shall serve until such time as the Council
shall appoint a new City Manager. The Acting Manager shall have all
the powers and perform all the duties of the City Manager except to
the extent that said powers and duties have been specifically restricted
by Council resolution. Said Acting Manager shall be paid such salary
for his/her services hereunder as may be prescribed by the City Council.
[Amended 11-5-2005 by
election; 11-2-2021 by election]
The Manager shall supervise and be responsible for the administrative
affairs of the city and shall carry out the policies enacted by the
Council. He/she shall be charged with the preservation of the public
peace and health and safety of persons and property and shall see
to the enforcement of the ordinances of the city, this Charter and
the laws of the state. He/she shall keep the Council informed of the
condition and needs of the city and shall make such reports and recommendations
as he/she may deem advisable or may be requested by the Council and
perform such other duties as may be prescribed by this Charter or
required of him/her by ordinance or resolution of the Council, not
inconsistent with this Charter. He/she shall have and perform such
other powers and duties not inconsistent with the provisions of this
Charter as now are or hereafter may be conferred by municipal ordinance
or conferred upon Mayors of cities by general law, except for the
appointment of all Boards and Commissions, which will be exercised
by the City Council, unless otherwise provided by General Law. He/she
shall have the right to take part in the discussion of all matters
coming before the Council, but not the right to vote.
[Amended 11-2-2021 by election]
The Manager shall have the power to appoint and remove, subject
to the provisions of this Charter, all department heads and officers
in the classified service. The Manager, for just cause, may suspend
or dismiss said officers or other department heads or take other appropriate
disciplinary action. Said suspension, dismissal or other disciplinary
action shall be effected only upon the Manager's presentation to the
said officer or department head of a written specification of the
reasons therefor at least 30 days before said action is taken. The
said department head or officer involved may, within 10 days, demand
a public hearing, in which event the department head or officer shall
not be removed until such public hearing has been held. The Manager
may, however, suspend said officer or department head from duty during
said period, but the officer's or department head's pay shall continue.
The City Manager shall conduct said public hearing. Nothing herein
shall be construed to prohibit an aggrieved individual from seeking
recourse to the courts.
[Amended 9-5-1990, approved 11-6-1990 by election; 11-2-2021 by election]
There shall be appointed by the Manager such officers as are
necessary to administer all departments which the Council shall establish
and who shall be qualified by experience and training for appointment
to said offices. The powers and duties of these officers and head
of departments so appointed shall be those prescribed by state law,
by this Charter or by ordinance.
[Amended 9-5-1990; approved 11-6-1990 by election; 11-2-2021 by election]
Neither the Council nor any of its members shall direct or request
the appointment of any person to office or employment or removal,
suspension or discipline by the Manager or any of the administrative
officers. Neither the Council nor any member thereof shall give orders
to nor interfere with the performance of the duties of any of the
administrative officers or employees, either publicly or privately.
Nothing contained in this section shall prohibit the Council from
meeting with the City Manager to discuss the operation or conduct
of any administrative department or officer and to recommend any investigation
of any complaint by the City Manager. Any violation of the provisions
of this section by a Councilor shall be a violation, conviction of
which shall constitute immediate forfeiture of his/her office.
[Amended 11-2-2021 by election]
The administrative service of the city shall, by ordinance,
be divided into such departments, divisions, bureaus or other agencies
as are necessary for the proper and efficient management of the affairs
of the city. Said ordinance shall define the function and duties of
each city department or agency and shall be known as the "Administrative
Code".[1] The City Council may, by amendment to the Administrative
Code Ordinance, create, consolidate or abolish departments, divisions,
bureaus or agencies and define or alter their functions and duties.
The head of each department or agency established by the Administrative
Code shall have and exercise supervision and control of his/her department
or agency and the employees therein and shall have the power to prescribe
rules and regulations not inconsistent with general law, this Charter,
the Administrative Code and the rules and regulations of the Merit
Plan. A copy of all departmental rules and regulations promulgated
under this section shall be on file in the office of the City Clerk.
Unless otherwise provided in this Charter, each officer, department
head, board or other agency shall appoint, dismiss, suspend or demote
their deputies, clerks, assistants and subordinates serving under
their supervision or control, subject to appeal to the Personnel Advisory
Board as herein provided.
[1]
Editor's Note: Former § C5-10, Legal Officer, was
repealed 9-5-1990, approved 11-6-1990 by election.
