[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their successors are appointed and qualified, unless sooner removed, or the ordinance creating the office shall be repealed; Provided, that the term of office of the Chief of the Fire Department shall be for one year only.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 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. 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.