[Ord. 831, 2-1-1999]
There is hereby created the position of City Administrator ("Administrator"), an administrative position in the City government. Said position shall not be deemed an office nor shall the holder of such position be deemed a City officer.
[Ord. 831, 2-1-1999; amended by 2003 Code]
A. 
The Administrator shall be appointed by the Mayor, but only with the advice and majority approval of the Aldermen then holding office. The Aldermen then holding office shall evaluate the candidate upon the basis of executive and administrative qualifications with reference to actual experience in or knowledge of accepted practice in respect to the duties of the position as hereinafter set forth, and such requirements and qualifications are hereby declared to be of a nature as to require specialized training and knowledge.
B. 
The appointment shall be made without regard to political considerations, race, religion, age, sex, marital status or sexual orientation. At the time of appointment, the individual need not be a resident of the City or of the state of Illinois, but the Administrator shall assume residence within the City within 120 days after his appointment and shall thereafter reside within the City so long as the Administrator shall continue to serve the City in that capacity. Neither the Mayor nor any Alderman shall receive such appointment during the term for which such individual shall have been elected, nor within one year after the expiration of that term.
C. 
Appointment shall include City Council approval of a written contract of employment, including a stated term of employment and a specified amount of compensation, together with a delineation of duties and responsibilities.
[Ord. 831, 2-1-1999; amended by 2003 Code]
The term of the position of Administrator shall not be shorter than one year nor longer than the remainder of the term of office of the Mayor who made the appointment and shall be established by the contract of employment. The Administrator may resign from the position upon 90 days' written notice (said 90 days to begin the date the notice is filed with the City Clerk) or may be removed therefrom by the Mayor by and with the consent of a 2/3 majority of the Aldermen then holding office and in accordance with the provisions of any contract of employment. All appointments shall be based solely upon merit and fitness for the position, without regard to race, sex, age, religious convictions, political belief or affiliation, marital status or sexual orientation. Upon the Administrator's giving said 90 days' written notice, the City Council may terminate the position of Administrator or may terminate the employment of the then Administrator without cause (so long as all applicable provisions of any contract of employment are complied with).
[Ord. 831, 2-1-1999]
Before entering upon the duties of the position, the Administrator shall furnish a surety bond, to be conditioned on the faithful performance of the duties of the position, in the amount of $3,000 to be approved by the City Council. The premium of the bond shall be paid by the City.
[Ord. 831, 2-1-1999; amended by 2003 Code]
A. 
The Administrator shall receive compensation in such amount and manner as the City Council shall periodically fix by ordinance or resolution, and in accordance with any contract of employment with the Administrator.
B. 
The City Administrator shall be subject to the vacation schedule as authorized by the Mayor and City Council, but not less than the provisions in existence in any contract of employment with the Administrator.
C. 
The City Administrator shall be subject to the same sickness and disability provisions as other City employees, other than to the extent the same are modified by a contract of employment with the Administrator.
D. 
The Administrator shall be paid for the use of his own private vehicle when used for City business at the per mile rate established by the City Council for compensated travel by the Administrator. In connection with being compensated for the use of a private vehicle, the Administrator shall keep accurate records of such use which shall be subject to approval by the City Council prior to payment, or the City may provide a vehicle to be used by the Administrator for City business.
[1975 Code § 301; amended by Ord. 831, 2-1-1999; 2003 Code]
A. 
Fiscal Matters:
1. 
Budget Officer: The Administrator shall be the budget officer for the City.
2. 
Annual Budget And Long Range Capital Improvement Program: The Administrator shall prepare an annual budget and an annual long range capital improvement program for the City in connection with the budget and finance committee for presentation to the City Council. He shall prepare and submit to the Mayor and City Council, at monthly intervals, reports which will advise the City Council of the financial condition and future needs of the City, and in so doing, the Administrator may make such other recommendations as he may deem appropriate. The Administrator shall assemble and make available such other information concerning the fiscal matters of the City as the Mayor or City Council shall periodically request.
3. 
Annual Estimate Of Expenditures; Budget And Tax Levy Ordinances: On or before March 15 in each calendar year and before the annual budget ordinance is prepared by the corporate authorities, the Administrator shall submit to the corporate authorities an estimate of the money necessary to defray the City's expenses during the current fiscal year; this estimate shall classify in detail the purposes of the expenditures and shall further provide necessary information as to the income of the City from all sources during the preceding fiscal year and any liabilities, contingent or noncontingent, together with such other information as may be required to assist the Mayor and City Council in the preparation and adoption of the annual budget ordinance. For the purpose of preparing the above estimate, the Administrator shall work with the committees of the City Council and the other appointive and elected officers of the City to obtain statements of the conditions and expenses of the respective offices and departments, together with a description of necessary City repairs and improvements, and the probable expense thereof. The Administrator shall further work with all City officials in helping to prepare information as may be necessary to enable the preparation of the annual tax levy ordinance. The Administrator shall also be responsible for the preparation of the annual budget ordinance and/or the annual tax levy ordinance.
4. 
Bond Issues: The Administrator shall supervise the issuance and sale of all bonds and obligations, after approval of any bond issue by the City Council.
5. 
Purchases And Contracts:
a. 
The Administrator shall act as purchasing agent for the City within the limitations and under conditions as periodically established by the City Council[1] and shall make, in the ordinary course of business, all purchases of materials and supplies necessary for the City as provided in the annual budget ordinance; provided, however, that for purchases of more than $5,000, the Administrator shall first procure the City Council's approval before making such purchases, and in all cases, the Administrator shall comply with all applicable statutory and municipal ordinance provisions regulating the solicitation and award of bids.[2]
[1]
Editor's Note: See Section 1-9-1 of this title.
[2]
Editor's Note: See Section 1-9-1 of this title.
b. 
The Administrator shall see that all terms and conditions imposed in favor of the City or its residents in any contract or public utility franchise are faithfully kept and performed.
c. 
Whenever, in the Administrator's judgment, an exigency shall require the purchasing of any materials or supplies for a price exceeding $5,000, but less than $7,000, before the next regular City Council meeting, the Administrator, with the written approval of the Mayor, may make such purchase without waiting for formal City Council approval of the specific purchase as a whole; however, such purchase shall not violate any relevant legal requirement as to solicitation or awarding of bids.
d. 
"Responsible bidder for construction contracts" means a bidder who meets all of the job specifications, the following applicable criteria, and submits evidence of such compliance:
(1) 
All applicable laws prerequisite to doing business in Illinois.
(2) 
Evidence of compliance with:
(A) 
Federal employer tax identification number or social security number (for individuals),
(B) 
Provisions of Section 2000(e) of Chapter 21, Title 42, of the United States Code and Federal Executive Order 11246 as amended by Executive Order 11375 (known as the equal opportunity employer provisions).
(3) 
Certificates of insurance indicating the following coverages: general liability, workers' compensation, completed operations, automobile, hazardous occupation and product liability.
(4) 
Subject to the provisions of Subsection A5d(5) of this section, the bidder and all bidder's subcontractors must participate in active apprenticeship and training programs approved and registered with the United States department of labor's bureau of apprenticeship and training for each of the trades of work contemplated under the awarded contract.
(5) 
If a bidder complies with Subsection A5d(4) of this section and is 5% or more higher than the lowest bidder that does not comply with Subsection A5d(4) of this section, then the City shall select the lowest bidder. If the lowest bidder has not complied with Subsection A5d(4) of this section and the next lowest bidder is less than 5% higher than the lowest bidder, then the City may elect to pick the lowest bidder who has complied with Subsection A5d(4) of this section and is less than 5% higher than the lowest bidder.
[Ord. 08-06-01-10, 6-16-2008]
6. 
Job Descriptions; Pay Schedules: The Administrator shall recommend to the City Council in conjunction with the personnel committee a job description and a standard schedule of pay for each appointive office and each employment category, in keeping with any applicable laws pertaining to said office or employment category.
B. 
City Administration:
1. 
General Powers And Duties: The Administrator shall have the responsibility of carrying out the City Council's policies and to assist in the enforcement of the laws and ordinances of the City; the Administrator shall be responsible for hiring, disciplining (unless otherwise designated), and terminating employment of all City employees, except those employees who are department heads or who shall be otherwise designated as not being subject to such authority (for hiring, disciplining or termination) of the Administrator; the Administrator shall keep the Mayor and City Council apprised of all personnel matters. The Administrator shall assign and carry out all other duties specifically delegated and assigned to this position by the City Council through ordinance or resolution. It is not the intention of this article that the Administrator's duties and responsibilities be in any way in derogation of the common law, Illinois statutes, or the contractual duties and responsibilities of the City under any existing contract.
2. 
Supervision Of Officers: The Administrator shall supervise the conduct of all the officers of the City and see that they faithfully and efficiently discharge the duties of their respective offices. He shall inquire into all reasonable complaints made against them, and cause all neglect or violation of duty to be promptly corrected. He shall, in case he becomes satisfied that any officer willfully neglects or violates his duty, cause such officer to be prosecuted and punished. He shall give the Mayor and City Council such information relative to the affairs of the City as may be deemed proper and recommend for their consideration any measure deemed expedient, tending to the well being, security or improvement of the City.
3. 
Recommend Appointments And Employment: If requested by the Mayor or City Council, the Administrator shall recommend the appointment of such officers as may be required by statute or ordinance to be appointed by the Mayor with the advice and consent of the City Council; likewise, if requested by the Mayor or the City Council, the Administrator shall recommend to the Mayor and City Council the employment of department heads or other employees. If requested, the Administrator shall make recommendations for or against (as may be in the City's best interest) the removal or suspension of any appointed officer or employee when such removal or suspension is appropriate to be considered.
4. 
Council Meetings And Work Sessions:
a. 
The Administrator shall attend all meetings of the City Council, both regular and special, together with any other work sessions of the City Council and, when requested, shall attend any meeting of any committee or commission of the City Council or of the City, unless excused therefrom by the Mayor and City Council, or committee, except when removal of the Administrator is under consideration by the City Council.
b. 
The Administrator shall prepare the agenda for the City Council meetings and committee meetings, whether regular or special, and any other regular or special reports as are necessary for the efficient operation of the City government. Agendas shall be prepared and distributed to all interested parties in advance of said meetings, according to the open meetings act.[3]
[3]
Editor's Note: See 5 ILCS 120/1 et seq.
c. 
The Administrator shall conduct and prepare necessary studies and/or research to assist the City Council in making policy decisions.
d. 
The Administrator shall have the privilege of taking part in the discussion of all matters coming before the City Council or any committee or commission thereof, in any open meeting or open session of any meeting, and shall be given notice of all meetings, regular and special, of the full City Council, or of any committee or commission thereof.
e. 
The Administrator shall have no vote in any City Council meeting or committee meeting, but shall make recommendations to the Mayor, City Council, or any committee or commission thereof, or to any elected or appointed officer, as the Administrator deems in the City's best interest.
5. 
Investigations: The Administrator shall conduct investigations into the affairs of the City or any department thereof as may be required by complaints made regarding City services and City administration.
6. 
Enforcement: The Administrator shall enforce or oversee enforcement of the City's ordinances and promulgate administrative rules and regulations as long as they are not in conflict with other local or state law.
7. 
Adoption Of Regulations: The Administrator shall periodically recommend to the City Council the adoption of such measures as the Administrator may deem necessary or expedient for the health, welfare, and safety of the citizenry or the future improvement of administrative services.
8. 
Other Employment: The Administrator shall have no employment other than the fulfillment of the obligations of the position of Administrator. The Administrator shall not be prohibited from occasional teaching, writing, consulting, speaking, or self-employed activities not in conflict with the City's interests.
9. 
Other Duties: The Administrator shall assume and carry out all other duties as specifically delegated or assigned to him by the City Council.
C. 
Economic Development:
1. 
Economic Development Plan: The Administrator shall prepare, maintain, and revise, on a continuing basis, a plan for action for the maintenance of existing commercial and industrial businesses in and near the City when the retention of same is in the best interests of the City. Further, the Administrator shall formulate and revise plans of action for the attraction of additional commercial and industrial businesses to the City and nearby areas.
2. 
Database: As a part of the ongoing plan of action, the Administrator shall maintain an existing database for the Le Roy area, including economic factors, utility availability, job mix, and other factors, develop and maintain contacts with the state department of commerce and community affairs and other county, state and federal agencies that may be of direct or indirect benefit to the City in attracting industrial and commercial prospects, and shall maintain an ongoing target prospect list and personally undertake contacts and inquiries with and pertaining to such prospects.
3. 
Public Relations: The Administrator shall coordinate public relations and public relations efforts with local, regional, and national media, together with such other and additional activities as may be reasonably required by the Mayor and City Council to fulfill the general goals and objectives of the maintenance of existing residential, commercial and industrial areas, commerce and industry and the potential expansion thereof.
4. 
City Representative To Various Organizations: The Administrator shall serve as City representative to the Le Roy promotion association/chamber of commerce, Le Roy pride commission, and the South Central Illinois regional planning and development commission, and such other commissions, organizations and projects as the City shall periodically determine to support or with which the City may be involved.
[Ord. 831, 2-1-1999]
The corporate authorities then holding office may override any decision of the Administrator.
[Ord. 831, 2-1-1999]
During the absence or disability of the Administrator, the Mayor, with the advice of the City Council, may designate some properly qualified person to act as a temporary Administrator to perform the duties of the position.