The appointment of the Municipal Manager shall be for an indefinite
term and Council shall fix the compensation. The Manager shall be
appointed solely on the basis of executive and administrative qualifications,
with a background such as to prepare the appointee to assume the responsibility
for administering Municipal operations. The Manager need not be a
resident of the Municipality at the time of appointment but must assume
residence within the Municipality within one (1) year of appointment
to the position.
The Council may, by majority vote, remove the Manager at any
time with or without cause. Any such removal shall not take effect
until after the expiration of thirty (30) days from the date of the
removal action. During such thirty (30) day period, the Council may
suspend the Manager from the position as Manager. The Manager may,
prior to the expiration of the thirty (30) day period, request a public
hearing before the Council. Such hearing shall be held before the
expiration of the thirty (30) day period.
The Manager shall continue to receive the existing salary during
the thirty (30) day suspension period. The action of the Council in
suspending and removing the Manager shall not be subject to review
by any court or agency.
The Municipal Manager may designate a qualified administrative
officer of the Municipality to perform the duties during the Manager's
temporary absence or disability. In the event the Manager fails to
make such designation, or if the absence or disability continues more
than thirty (30) days, the Council may appoint an officer or employee
of the Municipality to perform the duties of the Manager during such
absence or disability until the Manager shall return or the disability
cease. No member of Council or other elected officer shall at any
time serve as the Manager or Acting Manager of the Municipality.
The Manager shall have the following powers and duties:
a. Administer and enforce all laws and ordinances of the Municipality,
and be responsible to the Council for carrying out all policies established
by it and for the proper administration of all affairs of the Municipality
within the jurisdiction of the Council;
b. Appoint and remove, with the consent of Council, an Assistant Manager;
c. Appoint, suspend or remove all Municipal employees, except as otherwise
provided by law or this Charter. The Manager may retain independent
contractors with the consent of Council. The Manager shall appoint
all department directors with the consent of Council.
d. Direct and supervise the administration of all departments, offices
and agencies, except as otherwise provided by this Charter or by law;
e. Prepare and administer the personnel system of the Municipality in accordance with Article
XV of this Charter;
f. Prepare and submit the annual budget and capital program to the Council
under the provisions established by the Charter, and administer the
budget and capital program approved by the Council;
g. Make such recommendations to the Council concerning policy formulation
as the Manager deems desirable, and keep all members of Council regularly
informed as to the conduct of Municipal affairs;
h. Keep the Council fully advised as to the financial condition of the
Municipality and make such financial reports as Council may desire;
i. Serve as the purchasing officer and as such negotiate contracts for
the Municipality, subject to the approval of the Council;
j. Insure that all terms and conditions imposed in favor of the Municipality
or its inhabitants in any statute, public utility franchise or other
contract are faithfully kept and performed, and upon knowledge of
any violation, call the same to the attention of the Council;
k. Attend all Council meetings and have the right to take part in discussions,
but shall not have the right to vote;
l. The Manager or a designate shall perform the duties of the Clerk
of the Municipality in causing appropriate records to be made, preserved
and certified as required by law, or by the action of Council. Where
required, the Manager shall attest to the documents as Clerk of the
Municipality and shall have custody of the Municipal corporate seal.
m. Preserve the health, safety and general welfare in the Municipality;
n. The Manager or a designate shall take an annual inventory of all
Municipal supplies and materials. At the completion of this inventory,
a detailed report of the inventory noting any variations between the
recorded and actual quantities shall be submitted to Council.