[Amended by Ord. 1214 9-5-2017]
The Mayor may, by and with the advice and consent of a majority
of the City Council, appoint an Administrator, Clerk, Finance Director,
Assistant Clerk, Assistant Finance Director, Attorney, Physician,
Police Chief, Deputy Police Chief, Police Officer, Public Works Superintendent,
Building Inspector, Library Director, Fire Chief, Assistant Fire Chief,
and Regular and/or Special Engineer and any other officers as the
Council may establish from time to time. Whenever the title City Treasurer,
Treasurer or comparable title is used in the Nebraska Revised Statutes
or this Code, or the ordinances, resolutions, regulations, contracts,
personnel documents and other documents of the City, in reference
to the Treasurer of the City, the title shall be deemed to mean the
Finance Director of the City who shall perform all of the duties of
the Treasurer prescribed by statute or ordinance as well as such other
and additional duties as may be directed or prescribed by the City.
Any appointed officer may be removed at any time by the Mayor with
the approval of the majority of the Council and the advice of the
City Administer. Any vacant office may remain vacant at the pleasure
of the Mayor and consent of the Council. All confirmation of appointments
to such offices by the Council shall be made by roll call or viva
voce, and the concurrence of a majority shall be required. The vote
by "yeas" and "nays" shall be recorded. The requirements of a roll
call or viva voce vote may be satisfied by use of an electronic voting
device which allows the yeas and nays of each Council member to be
readily seen by the public. (Ref. 16-308, 16-325, 19-1801 through
19-1824 RS Neb.)
Whenever any vacancy shall occur in an appointive office for
any reason, including removal of the said official for not attending
a meeting the official was required to attend or an absence from the
Municipality for a prolonged period of time, either of which being
without the Mayor's consent, the Mayor shall fill the office in the
manner prescribed for the appointment of new appointed officials for
the unexpired term.
All officers appointed by the Mayor and confirmed by the Council
shall hold the office to which they may be appointed until the end
of the Mayor's term of office and until their successors are appointed
and qualified, unless sooner removed, or the ordinance creating the
office shall be repealed; Provided, that the term of office of the
Chief of the Fire Department shall be for one year only. (Ref. 16-309
RS Neb.)
The Governing Body may create any office that it may deem necessary
for the good government and interest of the Municipality. (Ref. 16-308
RS Neb.)
The Governing Body may regulate and prescribe by ordinance the
powers, duties, and compensation of the officers of the Municipality
not specifically delineated by State law. The Governing Body may classify
the several offices and positions of trust or employment in the public
service on the basis of merit through such agency as the Governing
Body shall provide for that purpose. (Ref. 16-218 RS Neb.)
The Governing Body may require from any office of the Municipality
at any time a report in detail of the transactions of his office or
of any matters connected therewith. (Ref. 16-220 RS Neb.)
[Amended by Ord. 885, 7-9-1991]
The Governing Body may, at its discretion, by ordinance combine
and merge any elective or appointive office or employment or any combination
of duties of any such offices or employments, except Mayor and Council
member, with any other elective or appointive office or employment
so that one or more of such offices or employments or any combination
of duties of any such offices or employments may be held by the same
officer or employee at the same time. The City Manager/Administrator
in a City under the City Manager/Administrator Plan of Government
as provided by law may in his or her discretion combine and merge
any elective or appointive office or employment or any combination
of duties of any such offices or employments, except Mayor and Council
member, with any other elective or appointive office or employment
so that one or more of such offices or employments may be held by
the same officer or employee at the same time. The offices or employments
so merged and combined shall always be construed to be separate and
the effect of the combination or merger shall be limited to a consolidation
of official duties only. The salary or compensation of the officer
or employee holding the merged or combined offices or employments
or offices and employments shall not be in excess of the maximum amount
provided by law for the salary or compensation of the office, offices,
employment or employments so merged and combined. (Ref. 16-305, 70-624.04
RS Neb.)
The City Attorney shall be the legal advisor of the Council
and City officers. The City Attorney shall commence, prosecute, and
defend all suits and actions necessary to be commenced, prosecuted,
or defended on behalf of the City, or that may be ordered by the Council.
He shall attend meetings of the Council and give them his opinion
upon any matter submitted to him, either orally or in writing as may
be required. He shall draw all ordinances, contracts and other documents
requested by the Mayor and Council. The Mayor and City Council shall
have the right to pay the City Attorney additional compensation for
legal services performed by him for the City or to employ additional
legal assistance and to pay for such legal assistance out of the funds
of the City. The Board of Public Works of the City whenever the Governing
Body has so authorized by ordinance shall have the right to pay the
City Attorney additional compensation for legal services performed
by him for the Board of Public Works or to employ additional legal
assistance other than the City Attorney and pay for such legal assistance
out of funds disbursed under the orders of the Board of Public Works.
(Ref. 16-319 RS Neb.)
The Treasurer of the City shall be custodian of and receive
all money belonging to the City. He shall keep a separate account
of each fund or appropriation, and the debts and credits belonging
thereto. He shall, at the end of every month, and as often as may
be requested, render an account to the City Council, under oath, showing
the state of the treasury at the date of such account, the amount
of money remaining in each fund and the amount paid therefrom, and
the balance of money in the treasury. He shall accompany such account
with a statement of all receipts and disbursements, together with
all warrants retained and paid by him, which warrants, with all vouchers
held by him, shall be filed with his account in the Clerk's office.
He shall produce and show all funds shown by such report to be on
hand, or satisfy the Council or its committee that he has such funds
in his custody or under his control. If said Treasurer neglects or
fails, for the space of 10 days from the end of every month, to render
his account, his office may, by resolution of the Mayor and Council,
be declared vacant; and the Mayor shall appoint and the Council confirm
some person to fill the vacancy. The Treasurer shall keep his books
and accounts in such a manner as the Mayor and Council shall prescribe
and shall keep a daily cashbook. All of the books and accounts of
the Treasurer shall always be subject to inspection by the Mayor,
members of the Council and such other persons as they may designate.
The Treasurer shall perform such other duties as are required of him
by the laws of the City and the statutes of Nebraska. The Treasurer
shall keep all money in his hands belonging to the City separate and
distinct from his own money; and he is hereby expressly prohibited
from using, either directly or indirectly, the corporation money or
warrants in his custody and keeping same for his own use and benefit
or that of any other person whomsoever. Any violation of this section
shall subject the Treasurer to immediate removal from office by the
City Council, and it may declare such office vacant. The Mayor shall
appoint a successor, who shall be confirmed by the City Council, to
hold office for the remainder of the term. (Ref. 16-318, 16-717, 16-719
RS Neb.)
The Treasurer shall give every person paying money into the
treasury and his office a receipt therefor, which shall show the source
from which such funds are derived, and shall, by distinct lines and
columns, show the amount received to the credit of each separate fund,
and whether same was paid in cash, in warrants, or otherwise, one
of which copies the Treasurer shall deliver to the person making such
payment and the other he shall retain in his office and file such
copy with his monthly reports. (Ref. 16-318, 77-2209 RS Neb.)
The Treasurer shall daily, as moneys are received, foot the
several columns of his cashbook and of his register, and carry the
amounts forward, and at the close of each year, in case the amount
of money received by the Treasurer is insufficient to pay the warrants
registered, he shall close the account for that year in such register
and shall carry forward the excess. Any Treasurer who shall fail regularly
to enter upon his cashbook the amounts so received and receipted for,
or who shall fail to keep his cashbook footed from day to day, for
the space of three days, shall forfeit for each offense the sum of
$100 to be recovered in a civil action on his official bond by any
person holding a warrant drawn on such Treasurer, 1/2 to the person
bringing such action, and 1/2 to the school fund of the County. The
cashbook, register and retained receipts of the Treasurer shall at
all times be open to the inspection of any person in whose name any
warrants are registered and unpaid. (Ref. 77-2210 through 77-2212
RS Neb.)
It shall be the duty of the Treasurer to prepare and publish
annually, within 60 days following the close of the Municipal fiscal
year, a statement of the receipts and expenditures by funds of the
City for the preceding fiscal year. Not more than the legal rate shall
be charged and paid for such publication. Such publication shall be
made in one legal newspaper of general circulation in the City. Any
Treasurer failing or neglecting to prepare and publish such statement
of receipts and expenditures shall be deemed guilty of a misdemeanor
and shall be removed from office for such failure or neglect. (Ref.
19-1101, 19-1103, 19-1104 RS Neb.)
The Treasurer shall keep a warrant register which shall show
in columns arranged for that purpose, the number, date, and amount
of each warrant presented and registered, the particular fund upon
which the same is drawn, the date of presentation, the name and address
of the person in whose name the same is registered, the date of payment,
the amount of interest, and the total amount paid thereon, with the
date when notice to the person in whose name such warrant is registered
as herein provided. On presentation of a warrant for payment to the
Treasurer when there are not sufficient moneys on hand to the credit
of the proper fund to pay the same, it shall be the duty of the Treasurer
to enter such warrant in his warrant register for payment in the order
of its presentation and he shall endorse on the warrant the words
"registered for payment" with the date of registration and shall sign
such endorsement, whereupon the warrant shall draw interest at the
rate fixed by the Mayor and City Council, which rate shall be endorsed
on the warrant, until notice of payment shall be given the registered
owner. The Treasurer shall neither directly or indirectly contract
for or purchase any City warrant at any discount whatever upon the
sum due on such warrant or order, and if he shall so contract for
or purchase any such order or warrant, he shall not be allowed in
settlement the amount of such order or warrant, or any part thereof,
and shall also forfeit the whole amount due on such order or warrant.
(Ref. 45-106, 77-2202, 77-2203 RS Neb.)
The Mayor shall with the consent of a majority of the Council
appoint the Municipal Clerk. It shall be the duty of the Municipal
Clerk to attend every meeting of the Council and keep a record of
the proceedings thereof. Whenever required by the Mayor or requested
by a majority of the members of the Council, he shall deliver a notice
to the members of the Council of any special meeting thereof, and
shall notify any and all committees of the Council of the business
entrusted to them.
The Clerk shall keep and carefully preserve all papers and books
which may come into his possession as Clerk, filing and arranging
them in a manner convenient for reference.
The Clerk shall keep the seal of the City and duly attest thereby
the Mayor's signature to all ordinances and all deeds and papers required
to be attested, when ordered by the Governing Body.
The Clerk shall keep all orders for money or warrants for the
payment of money, and shall enter the same in numerical order in a
book to be kept for that purpose. The Clerk shall also make at the
end of each month a report showing the amounts appropriated to each
fund, and the whole amount of warrants drawn thereon.
The Clerk shall also keep a record of all outstanding bonds
against the City, showing the number and amount of each, for and to
whom said bonds were issued; and when any bonds are purchased, or
paid, or canceled, said record shall show the fact. In the annual
report he shall describe particularly the bonds issued and sold during
the year, and the terms of sale, with every item of expense thereof.
The Clerk shall keep a register of all licenses granted and
the purpose for which they were issued, and report to the Council
at every meeting. At the beginning of each month, he shall, if required
by the Governing Body, furnish the Police Department with a true copy
of the register of all licenses then in force. He shall issue licenses
and collect license fees connected therewith as provided by the laws
of Nebraska or the Municipality.
Within 30 days after any meeting of the Council, Board or Commission,
the Clerk shall prepare and publish the proceedings of any such meeting
in a legal newspaper, or more than one legal newspaper if directed
by the Council. Such publication shall set forth a statement of the
proceedings thereof and shall also include the amount of each claim
allowed, the purpose of the claim, and the name of the claimant, except
that the aggregate amount of all payroll claims may be included as
one item, in a newspaper of general circulation in the City. Between
July 15 and August 15 of each year, the names of all employees and
their current annual, monthly, or hourly salaries shall be published
and any changes in salaries or the hiring of new employees during
the calendar quarter preceding the months of October, January, and
April shall be published during the months of November, February,
and May. The charge for said publication shall not exceed the rates
provided by law. The publication charge shall be paid and allowed
as other claims against the General Fund.
Wherever the Clerk is required to issue licenses, occupation
tax receipts, or permits, the City Treasurer shall collect the amount
required to be paid by the applicant therefor.
The Clerk shall have such additional duties and receive such
salary as the Governing Body may prescribe. (Ref. 16-317, 19-1102
through 19-1104 RS Neb.)
The City Engineer shall, when requested by the Governing Body,
make estimates of the cost of labor and material which may be done
or furnished by contract with the Municipality, and make all surveys,
estimates, and calculations necessary to be made for the establishment
of grades, building of culverts, sewers, electric light system, waterworks,
power plant, public heating system, bridges, curbing, gutters, the
improvement of streets, and the erection and repair of buildings.
He shall perform such additional duties as the Governing Body may
require. It shall be his duty to make a record of the minutes of his
surveys and of all work done for the Municipality and accurately make
such plats, sections, profiles, and maps as may be necessary in the
prosecution of any public work, which shall be public records and
belong to the Municipality. (Ref. 16-320, 16-321 RS Neb.)
The Governing Body may, whenever they deem it expedient, employ
a special engineer to make or assist in making any particular estimate
or survey. Any such estimate or survey shall have the same validity
and serve in all respects as though the same had been made by the
City Engineer. (Ref. 16-322 RS Neb.)
The City Physician shall be a physician who resides permanently
in the City. He shall be a member of the Board of Health of the City
and shall be its medical adviser. When requested by the Mayor or City
Attorney, he shall investigate all cases of injury to persons in which
liability against the City may be asserted and make a written report
thereof, including the circumstances causing the injury and the nature
and extent of the injury. He shall perform such other duties of a
medical and healthful nature as shall be assigned to him from time
to time by the Mayor and Council. He shall receive no compensation
as a member of the Board of Health nor any salary as City Physician,
but shall be allowed compensation for services so assigned to him
and rendered the City at the usual rates prevailing in the City for
such services. (Ref. 16-238, 16-308 RS Neb.)
The Street Commissioner shall be subject to the orders of the
Governing Body. The Street Commissioner shall have general charge,
direction, and control over all work on the streets, sidewalks, culverts,
and bridges of the Municipality except where some other official is
specifically designated as the official in charge of such improvements.
He shall perform such other duties and make such reports as the Governing
Body may require. It shall be his duty to see that sidewalks and the
sidewalk space are not unlawfully occupied. He shall report all obstructions
thereon and any unlawful use of the same to the Governing Body, except
where the laws of the Municipality require him to take direct action
against violators of the Municipal law governing the public ways and
property. He shall have the authority to go upon private property
at reasonable hours in the exercise of his official duties. He shall
serve all notices pertaining to sidewalks, streets, alleys, and other
property unless some other official is specifically required to serve
such notices. It shall be his duty to keep in a suitable book an accurate
record of the performance of his official duties which shall include
such information as may be required by the Governing Body. It is hereby
made the duty of the Street Commissioner to view and inspect all lots
and parcels of land for weeds and worthless vegetation upon complaint
or otherwise as often as may be required. It shall be the duty of
the Street Commissioner to view and inspect all sidewalks contiguous
to public property within the Municipality to ascertain if any snow,
ice, mud, or other obstructions encroach into or upon said sidewalks.
(Ref. 16-324 RS Neb.)
The Sewer Commissioner shall have the immediate control, and
supervision over all the employees, and property that make up the
Municipal sewer system, subject to the general control, and directives
of the Governing Body. He shall at least every six months, make a
detailed report to the Governing Body on the condition of the sewer
system, and shall direct its attention to such improvements, repairs,
extensions, additions, and additional employees as he may believe
are needed along with an estimate of the cost thereof. He shall have
such other duties as the Governing Body may delegate to him. He shall
issue permits for all connections to the Municipal sewer system, and
inspect and supervise all repairs made to the said system. (Ref. 16-308,
16-324 RS Neb.)
The Utilities Superintendent shall have the general control
and supervision over all the employees and property that make up all
of the Departments of the City, subject to the control and supervision
of the Governing Body. He shall at least every six months, make a
detailed report to the Governing Body on the condition of all Departments,
and shall direct its attention to such repairs, improvements, extensions,
additions and additional employees as he may believe are needed along
with an estimate of the cost thereof. (Ref. 16-308 RS Neb.)
The Chief of Police shall have the immediate superintendence
of the police. He and the policemen shall have the power, and it shall
be their duty, to arrest all offenders against the laws of Nebraska
or of the City, by day or by night, in the same manner as a Sheriff
or Constable, and keep them in the City prison or other place to prevent
their escape, until a trial or examination may be had before the proper
officer; and they shall have the same power as a Sheriff and Constable
in relation to all criminal matters arising out of a violation of
a Municipal law and all process issued by the County Court in connection
with a violation of a Municipal law. They shall arrest and detain
any person found violating any law of Nebraska or any law of the City,
until a legal warrant can be obtained. Each member of the City Police
Department shall have the duties of becoming well informed as to the
laws of the State and laws of the City, of enforcing such laws, of
wearing at all times the badge, uniform and insignia furnished by
the City for the Police and of properly caring for same, and such
further duties as shall be assigned to them by the Mayor and Council
and as are otherwise provided by law. The Chief of Police shall have
custody of all Municipal property used by the City Police; shall execute
the orders of the Mayor; shall be a member of the Board of Health
and the Secretary and quarantine officer thereof; shall have charge
of traffic control on the City streets; shall execute and serve or
cause to be served all process of the Police Court of the City; shall
make and file or cause to be made and filed City streets; shall make
and file or cause to be made and filed complaints for violations of
the ordinances of the City; shall have charge of the City jail and
the prisoners therein; and shall perform such other duties as are
assigned to or required of him by the Mayor and Council or otherwise
provided by law. (Ref. 16-225, 16-238, 16-323, 29-401 RS Neb.)
[Amended 10-18-2022 by Ord. No. 1317]
1.
The Building and Safety Director is hereby authorized and directed
to enforce all the provisions of the Municipal Code pertaining to
zoning regulations and building construction, repair and maintenance.
For such purpose, he shall have the power of the Municipal Police.
The Director may request, and shall receive, so far as may be necessary
in the discharge of his duties, the assistance and cooperation of
other City officials.
2.
In accordance with the Director's duties and upon presentation
of proper credentials, the Director or his or her duly authorized
representative may enter at all reasonable times, or apply for and
execute an inspection warrant pursuant to Nebraska state statutes
to enter, any premise, including all structures thereon, to perform
any duty imposed upon the Director by the Municipal Code, including
all codes duly adopted by reference in the Municipal Code.
3.
Whenever any building or construction work is being done contrary
to the provisions of the Municipal Code, including all codes adopted
therein, it shall be the duty of the Director to order the work stopped
until authorization is received from the Director to continue the
work.
4.
When any structure is in a dangerous condition, or any structure
or premises is being occupied or used contrary to the provisions of
the Municipal Code, including the zoning ordinance therein, it shall
be the duty of the Director to order the premises, or any structure
or portion thereof in violation, vacated or such used discontinued.
5.
The Building and Safety Director or his or her duly authorized representative,
acting in good faith and without malice in the discharge of his or
her duties, shall not thereby be rendered personally liable and is
hereby relieved from all personal liability for any damages that may
accrue to persons or property as the result of any act or omission
in the discharge of his or her duties. Any suit brought against the
Director or his or her duly authorized representative because of an
alleged act or omission performed pursuant to this section shall be
defended by the City until final termination of the proceedings.
6.
It shall be a violation of the Municipal Code for any person or entity
to knowingly disobey any lawful order of the Building and Safety Director
issued pursuant to the authority granted in this section.
[Amended by Ord. No. 1145, 10-6-2009]
The members of the Fire Department shall, at the time of each annual meeting of the Department, recommend some person for the office of Chief of the Fire Department, who, upon being confirmed by the Mayor and Council, shall hold office until his successor shall be appointed and qualified, provided, however, that prior to consideration by the Mayor and Council, the qualifications of the candidate shall have been certified pursuant to the provisions of § 1-324.1. The Chief of the Fire Department shall be subject to removal by the Mayor at any time. The Fire Chief shall, on the first (1st) day of April and October of each year, furnish or cause the secretary to furnish the Municipal Clerk and the Clerk of the District Court a copy of the roster of the members of the Fire Department in good standing and from month to month thereafter, he shall report any proposed additions or changes in the roster for proper action by the Council so that all members of the Fire Department shall be at all times covered by insurance or by such other lawful protections and benefits as may be provided under State or Municipal law. The Chief of the Fire Department shall have under his control the property, implements, and apparatus used by the Fire Department subject to the general and specific directives of the Governing Body. He shall use all proper means for the extinguishment of fires, the protection of property, the preservation of order, and the enforcement of all laws relating to fires and fire protection which governs the Municipality. During the time of fire or great public danger, he shall have and exercise the powers and duties of the Chief of Police. Upon the written consent and directive of the Governing Body, the Fire Chief shall cause the repair, improvement, or maintenance of the property of the Fire Department and shall personally supervise and approve of the same. No obligation, except in an emergency or when the expenditure is of a minor nature, shall be incurred on behalf of the Fire Department by the Fire Chief unless the obligation was previously authorized in writing by the Governing Body. (Ref. 16-308, 16-309, 35-102, 81-506, 81-512, 81-522, 81-531, RS Neb.)
An Assistant Fire Chief shall be appointed in the same manner
as the Fire Chief. The duties of the Assistant Fire Chief shall be
to assist the City Fire Chief in the discharge of his official duties
and to assume the position of acting Fire Chief in the absence of
the regular Fire Chief. As acting Fire Chief, the Assistant Fire Chief
shall have all powers, duties and responsibilities given to the City
Fire Chief by the Municipal Code of the City and the laws of the State
of Nebraska. (Ref. 16-222, 16-308, 16-309, 19-1810, 81-506, 81-512,
81-522, 81-531, RS Neb.)
[Added by Ord. No. 1145, 10-6-2009]
Upon receiving the names of the candidates for Fire Chief and
Assistant Fire Chief from the Fire Department, the Mayor shall appoint
a committee to certify that the candidates possess the qualifications
to serve in such command capacities. The committee shall be known
as the Fire Command Officer Qualifications Board and shall consist
of four members, two of whom shall be fire command officers serving
in surrounding communities and two of whom shall be selected from
members of the public. In determining the qualifications of the candidates
the Board shall employ uniform standards as adopted by the membership
of the Fire Department, set forth in writing and provided to the Fire
Command Officers Qualifications Board. The names of all candidates
who qualify will be certified to the Mayor who will interview the
candidates and make his recommendation to the Council.
[Amended by Ord. No. 1066, 2-18-2003; Ord. No. 1082, 1-21-2004]
The Ralston City Council, through this section, hereby creates
the position of Fire Marshal. The Fire Marshal is hereby authorized
and directed to perform all duties and exercise all authority delegated
by the State Fire Marshal pursuant to Section 81-502 RS Neb. relating
to fire prevention and safety including, but not limited to, enforcement
of all provisions of the Municipal Code pertaining to fire prevention.
For such purposes, he or she shall have the powers of the Municipal
police, including the power to issue citations for violations of said
Municipal Code. In accordance with his or her duties and upon presentation
of proper credentials, the Fire Marshal, or his or her duly authorized
representative, may enter at all reasonable times any structure or
premises to perform any duty imposed upon him or her or to exercise
any authority delegated to him or her by any Fire Prevention Code
or Life Safety Code duly adopted by reference in the Municipal Code,
or by any provision of the Municipal Code. Whenever any structure
or work being performed thereon is found to be in violation of one
or more provisions of any such Code or whenever any structure or work
area in proximity thereto is found to contain potentially hazardous
amounts of combustible or flammable materials which, in the opinion
of the Fire Marshal, are susceptible to spontaneous combustion or
are in proximity to sources of ignition, thereby posing a threat to
persons or property, or shall find obstructions or impediments to
use of fire escapes, stairs, passageways, doors or windows, which
could interfere with the operations of the Fire Department, or egress
of occupants, in case of fire, he or she shall order the same to be
corrected, and the owner or occupant of such premises shall comply
with such order within the period of time specified therein which
shall be not less than 24 hours. It shall be the duty of the Fire
Marshal to perform inspections in conformity to provisions of State
law and those Codes duly adopted by reference for the purpose of assuring
compliance with all provisions of the Fire Prevention Code and Life
Safety Code and those provisions of the Municipal Code relating to
fire safety and prevention. In cooperation with the City Building
Inspector, the Fire Marshal shall review construction plans submitted
to the City for purposes of securing compliance with fire prevention
standards for construction projects. The Fire Marshal, provided he
or she is acting in good faith and without malice in the discharge
of his or her duties, shall have no personal liability for any damage
that may accrue to persons or property as the result of any act or
omission in the discharge of his or her duties. Any suit brought against
the Fire Marshal, because of an alleged act or omission by him or
her in the enforcement of any provision of the above-referenced relating
to fire safety shall be defended by the Municipality until final termination
of the proceedings. The Fire Marshal may request, and shall receive
so far as may be necessary in the discharge of his or her duties,
the assistance and cooperation of other officials of the Municipality.
The Fire Marshal shall have such additional duties and make such reports
as the Governing Body may prescribe from time to time. (Ref. 16-308
RS Neb.)
[Added by Ord. No. 873, 10-23-1990; repealed by Ord. No.
1047, 6-5-2001; added by Ord. No. 1050, 9-18-2001; repealed by Ord. No. 1213, 9-5-2017]
[Added by Ord. No. 916, 11-17-1992]
The Deputy Police Chief shall be appointed in the same manner
as the Chief of Police. The duties of the Deputy Police Chief shall
be to assist the Chief of Police in the discharge of his official
duties and to assume the position of acting Chief of Police in the
absence of the regular Chief of Police. As acting Chief of Police,
the Deputy Police Chief shall have all powers, duties and responsibilities
given to the Chief of Police by the Municipal Code of the City and
the laws of the State of Nebraska. The Deputy Police Chief shall have
such duties and make such reports as the Governing Body may prescribe
from time to time.
[Added by Ord. No. 1051, 9-18-2001; repealed by Ord. No.
1215, 9-5-2017]
[Added by Ord. No. 1057, 1-22-2002]
The Ralston City Council through this section hereby creates
the position of Economic Development/Special Projects Director. The
Economic Development/Special Projects Director shall be appointed
by the Mayor with the consent of the City Council. The duties of the
Economic Development/Special Projects Director shall be as set forth
in the job description found in the Ralston Employee Handbook as from
time to time adopted by the City Council. The Economic Development/Special
Projects Director shall have such other and further duties and make
such reports as the Governing Body may prescribe from time to time.
[Added by Ord. No. 1209, 7-5-2017]
1.
There is hereby established in the City the office of City Administrator.
The City Administrator shall be the chief administrative officer of
the City and shall serve as administrative agent for the Mayor and
City Council in the supervision of the offices and good government
of the City. All the departments of the City shall be under the administrative
supervision and direction of the City Administrator, and the Mayor
and Council shall deal with all departments of the City and employees
through the City Administrator.
2.
The office of City Administrator shall be filled by appointment of
the Mayor by and with the consent of the majority of the City Council
and shall serve at their pleasure unless removed by a majority vote
of the City Council. He or she need not be a resident of the City
at the time of his or her appointment, but shall become a resident
or live within a three mile radius of the City within such reasonable
time as the Council and Mayor may allow. The City Administrator shall
receive such compensation and allowances as the Mayor and Council
may provide in the same manner as other employees of the City.
3.
In the performance of his or her role as chief administrative officer
of the City, the City Administrator shall have the following duties
and powers:
a.
He or she shall take charge of and direct the operations of all City
departments.
b.
He or she shall have the power, subject to the provisions of the
civil service law, to employ, discipline and remove all nonelected
employees of the City; provided, however, that in respect to appointments
to and removals from offices of City Treasurer, City Clerk, City Engineer,
City Attorney, Public Works Director/Building Inspector, Fire Chief,
Arena General Manger and the Chief of Police same shall be made by
the Mayor and Council in the manner provided in Neb. RS 16-308, with
the advice of the City Administrator.
c.
He or she shall insure the enforcement of all laws and ordinances within the City and within its extraterritorial jurisdiction insofar as their enforcement is within the power of the City and consistent with the policy of the Mayor and City Council. The Mayor and City Council shall constitute the "appointing authority" under the civil service law as to members of the Police Department, except that the City Administrator shall exercise those powers delegated to him or her under the Civil Service Law pursuant to Chapter 2 of this Code.
d.
He or she shall serve as the City Planning Director and shall advise
both the City Planning Commission and the City Council in matters
pertaining to the planning of the City.
e.
He or she shall prepare and submit to the Mayor and Council the annual
budget, together with his or her recommendations and comments. He
or she shall be responsible for the execution and administration of
the adopted budget. He or she shall supervise the maintenance and
custody of all accounts and records of the City and shall provide
the Mayor and Council with a report of the financial condition of
the City at such times as the Mayor and City Council may require.
f.
He or she shall be responsible for the care and maintenance of all
City property.
g.
He or she shall attend all meetings of the Mayor and Council and
advise the Council in all matters pertaining to the City and its affairs.
h.
He or she shall supervise the performance of all contracts and agreements
to which the City is a party.
i.
He or she shall serve as purchasing agent of the City, and no purchase
will be made without his or her approval. In no case will he or she
make or approve any such purchase unless the funds for same have been
duly appropriated by the Mayor and Council, and as to those purchases
where the amount involved exceeds $5,000; he or she shall first obtain
the approval of the Mayor and Council.
j.
He or she shall pursue and oversee grants, awards and designations
on behalf of the City.
k.
He or she shall recommend to the Mayor and Council such measures
as he or she may deem necessary or expedient for the good government
and welfare of the City.
l.
He or she shall perform such other duties as the Mayor and Council
may from time to time assign.
4.
The City Administrator may designate such City employees from time
to time as necessary or appropriate to assist in carrying out the
duties set forth in Subsection C above, subject to his or her supervision
and direction.
5.
The City Administrator shall take no part in any election held for
the purpose of electing the Mayor, members of the City Council or
other elective City Office of the City, except for the casting of
his or her individual ballot. The City Administrator shall be an officer
of the City within the meaning of Neb. RS 16-502 and shall be subject
to and bound by the prohibitions therein contained. Before taking
office, the City Administrator shall file with the City Clerk a bond
in favor of the City for the faithful performance of his or her duties
in the amount of $5,000. The premium of said bond shall be paid by
the City.
