[HISTORY: Adopted by the City Council of the City of Amery 10-6-2004 as §§ 2-3-1
to 2-3-13 and 2-3-16 to 2-3-20 of the 2004 Code; amended in its entirety 10-6-2021 by Ord. No. 15-2021. Subsequent amendments noted where applicable.]
A.
General powers. Officers of the City of Amery shall have generally
the powers and duties prescribed for like officers of cities, towns
and villages, except as otherwise provided, and such powers and duties
as are prescribed by law and except as to the Mayor shall perform
such duties as shall be required of them by the Council. Officers
whose powers and duties are not enumerated in Chapter 62 of the Wisconsin
Statutes shall have such powers and duties as are prescribed by law
for like officers or as are directed by the Council.
B.
Rules. All officers and departments may make the necessary rules
for the conduct of their duties and incidental proceedings.
C.
Applicability of ethics statutes. The general laws for the punishment
of bribery, misdemeanors and corruption in office shall apply to City
officers.
D.
Legal representation. Whenever any City official in his/her official
capacity proceeded against or obliged to proceed before any civil
court, board, committee or commission to defend or maintain his/her
official position, or because of some act arising out of the performance
of his/her official duties, and he/she has prevailed in such proceedings,
or the Council has ordered the proceedings discontinued, the Council
may provide for payment to such official such sum as it sees fit,
to reimburse him/her for the expenses reasonably incurred for costs
and attorney's fees.
A.
Appointed officials. The following shall be appointed officials:
|
Official
|
How Appointed
|
Term
|
|---|---|---|
|
Attorney
|
Mayor, subject to confirmation by Council
|
1 year
|
|
Administrator
|
2/3 vote of the Council
|
Indefinite
|
|
Clerk-Treasurer
|
2/3 vote of the Council
|
Indefinite
|
|
Chief of Police
|
Mayor, subject to confirmation by Council
|
Indefinite
|
|
Fire Chief
|
Mayor, subject to confirmation by Council
|
Indefinite
|
|
Director of Public Works
|
Mayor, subject to confirmation by Council
|
Indefinite
|
|
Building Inspector
|
Mayor, subject to confirmation by Council
|
Indefinite
|
|
Director of Economic Development and Planning
|
Mayor, subject to confirmation by Council
|
Indefinite
|
|
Deputy Clerk-Treasurer
|
City Administrator and Clerk-Treasurer, subject to confirmation
by Council
|
Indefinite
|
B.
Time for taking office. The regular term of all appointed officials
shall commence with their appointment at the first regular meeting
of the City Council in May of each year, except officials appointed
for indefinite terms, who shall take office upon appointment and qualification.
C.
Offices dispensed with. The offices of Street Commissioner, Board
of Public Works, and Board of Police and Fire Commissioners are dispensed
with, and the duties thereof shall be performed by the City Council.
The office of constable is dispensed with.
A.
Office of City Administrator. In order that the various officers,
officials and employees and departments executing policy and administering
the affairs of the City of Amery may operate as efficiently as possible
under a system of part-time Mayor and part-time Alderpersons, and
to better ensure competent, expeditious, efficient and harmonious
administration and action in respect to any activity common to one
or more of the City's officers, officials and departments, and
in order that there may be uniform application of policy, there is
herewith created the office of City Administrator for the City of
Amery.
B.
Appointment procedure. The City Administrator shall be appointed
by a two-thirds vote of the members of the City Council. The City
Administrator so selected shall serve for an indefinite term, subject
to removal for cause by a two-thirds vote of the full Council, pursuant
to § 17.12(1)(c) and (d), Wis. Stats. Selection and appointment
of the City Administrator shall be based solely upon the principles
of merit and fitness. The City Administrator shall serve at the pleasure
of the City Council or as provided by contract.
C.
Powers and duties. The City Administrator shall have such powers
and duties as may be delegated and conferred by the City Council in
the form of a job description which may, from time to time, be amended
or changed by the Council.
D.
Audits. Annual recurring audits shall be made of the records of such
official and such audit shall be made either by a certified public
accountant or by the Municipal Accounting Division of the Wisconsin
Department of Revenue pursuant to § 73.03, Wis. Stats.,
and the designation to be made by the City Council.
E.
Examination. Prior to any appointment, all candidates for the office
of Administrator shall be examined as to their qualifications, after
having made application for such office with the City Administrator,
and such application shall contain the name, age, education, experience
and qualifications for the position.
F.
Qualifications. All persons making application for the office of
Administrator must be not less than 18 years of age and must be residents
of the State of Wisconsin.
G.
Term. The Administrator so selected shall hold office for an indefinite
term, subject to removal for cause by a two-thirds vote of the full
Council, pursuant to § 17.12(1)(c) and (d), Wis. Stats.
H.
General duties of the City Administrator. In his/her capacity as
City Administrator, the City Administrator shall be responsible for
performing the following:
(1)
Be responsible for the administrative operations of the City government,
including the monitoring of all City ordinances, resolutions, policies
and state statutes.
(2)
Provide leadership and direction in the development of short- and
long-range plans; coordinate department activities with other departments
and agencies as needed.
(3)
Communicate the plans, policies, and procedures approved by the City
Council to staff and the general public.
(4)
Adjust errors and complaints within the parameters set by the policies
of the City Council.
(5)
Make recommendations to the City Council regarding the appointment
and removal of all department heads of the City (excluding those under
a board or commission which is independent of the City Council for
policy purposes).
(6)
Coordinate and provide guidance to department heads in the preparation
of the preliminary annual City budget and submits the document for
Council consideration. Administer the adopted budget of the City.
(7)
Advise the City Council of financial conditions and current and future
City needs.
(8)
Attend all meetings of the Council at which attendance may be required
by the Council.
(9)
Recommend to the City Council such measures as deemed necessary or
expedient and prepares related reports as may be required by the governing
body.
(10)
Prepare reports relative to negotiations with collective bargaining
units, recommend strategies, and assist the PNC and labor counsel
with negotiations.
(11)
Assist department heads, as necessary, with personnel issues,
including grievances, counseling actions, etc.
(12)
Assist department heads, as necessary, with preparation of studies,
reports and related information for decision-making purposes.
(13)
In coordination with other staff and consultants, develop long-range
financial plans, including tax increment districts and capital improvement
plans.
(14)
In coordination with other staff and consultants, serve as primary
contact for industrial development, including the City's revolving
loan fund and industrial park land sale policies.
(15)
Act as the public information officer for the City, ensuring
that the news media are kept informed and that all open meeting rules
and regulations are followed.
(16)
Establish and implement administrative procedures to increase
effectiveness and efficiency of the City government which are fully
consistent with approved policies established by the City Council.
The City Administrator shall be responsible for the development of
policies and procedures to ensure the security of City property, records
and systems.
(17)
Keep informed concerning current federal, state and county legislation
and administrative rules affecting the City and submitted appropriate
reports and recommendations thereon to the City Council.
(18)
Represent the City in matters involving legislative and intergovernmental
affairs as required. When matters involving legislative and intergovernmental
affairs could possibly affect the City's interests, the City
Administrator shall report the circumstances to the appropriate committee
chairperson, the Mayor or City Council.
(19)
Promote the economic well-being and growth of the City through
public and private sector cooperation, and coordinate the economic
efforts of the City.
(20)
Keep the City Council informed about activities of City departments
through oral and written reports.
(21)
Perform purchasing function resulting in obtaining goods/services
in a timely manner and at a competitive price. Examples include: prepare
bid specifications, prepare bid packets, interview vendors/consultants,
prepare requests for proposals, presentation of RFQ and RFPs, coordinate
schedule, answer questions, supervise bid openings and follow up with
bid awarding and ultimate receipt of contracted goods and services.
(22)
Participate in and provide leadership to City administration
management team in matters such as employee relations, long-range
planning, budget, emergency preparedness and community relations.
(23)
Perform additional projects or administrative duties as assigned.
A.
Office of City Clerk-Treasurer. In order that the various officers,
officials and employees and departments executing policy and administering
the affairs of the City of Amery may operate as efficiently as possible
under a system of part-time Mayor and part-time Alderpersons, and
to better ensure competent, expeditious, efficient and harmonious
administration and action in respect to any activity common to one
or more of the City's officers, officials and departments, and
in order that there may be uniform application of policy, there is
herewith created the office of City Clerk-Treasurer for the City of
Amery.
B.
Appointment procedure. The City Clerk-Treasurer shall be appointed
by a two-thirds vote of the members of the City Council. The City
Clerk-Treasurer so selected shall serve for an indefinite term, subject
to removal for cause by a two-thirds vote of the full Council, pursuant
to § 17.12(1)(c) and (d), Wis. Stats. Selection and appointment
of the City Clerk-Treasurer shall be based solely upon the principles
of merit and fitness. The City Clerk-Treasurer shall serve at the
pleasure of the City Council or as provided by contract.
C.
Powers and duties. The City Clerk-Treasurer shall have such powers
and duties as may be delegated and conferred by the City Council in
the form of a job description which may, from time to time, be amended
or changed by the Council.
D.
Audits. Annual recurring audits shall be made of the records of such
official and such audit shall be made either by a certified public
accountant or by the Municipal Accounting Division of the Wisconsin
Department of Revenue pursuant to § 73.03, Wis. Stats.,
and the designation to be made by the City Council.
E.
Combined offices. The offices of City Clerk and City Treasurer are
hereby consolidated, and the duties of both offices shall be performed
by the person appointed as City Clerk-Treasurer. The Clerk-Treasurer
shall be appointed by a two-thirds vote of the members of the City
Council.
F.
Examination. Prior to any appointment, all candidates for the office
of Clerk-Treasurer shall be examined as to their qualifications, after
having made application for such office with the City Administrator,
and such application shall contain the name, age, education, experience
and qualifications for the position.
G.
Qualifications. All persons making application for the office of
Clerk-Treasurer must be not less than 18 years of age and must be
residents of the State of Wisconsin.
H.
Term. The Clerk-Treasurer so selected shall hold office for an indefinite
term, subject to removal for cause by a two-thirds vote of the full
Council, pursuant to § 17.12(1)(c) and (d), Wis. Stats.
I.
General duties of the City Administrator/Clerk-Treasurer. In his/her
capacity as City Administrator/Clerk-Treasurer, the City Administrator/Clerk-Treasurer
shall be responsible for performing those duties as required by § 62.11,
Wis. Stats., regarding Clerk's duties, and § 62.09,
Wis. Stats., regarding Treasurer's duties and for the following additional
duties:
(1)
Administer oath of office to public officials.
(2)
Evaluate efficiencies and make recommendations for best practices.
(3)
Assist with the development and preparation of the annual budget.
(4)
Conduct elections, including voter registration, notices, ballot
preparation and Election Day activities.
(5)
Assist with preparation and distribution of agendas, materials, minutes
and records of meetings.
(6)
Accurate recording of meeting proceedings, preparation of minutes,
recording, indexing and filing for public record.
(7)
Assist with the preparation and proper filing of ordinances and resolutions
and codification of ordinances into the Municipal Code.
(8)
Assist with the preparation and advertising of bid and other advertisements,
and legal notices of public hearings and special meetings.
(9)
Issuance of municipal licenses and permits, including business, animal,
liquor, street use and various regulatory licenses.
(10)
Assist with City Hall Meeting Room Usage Policy, applications,
scheduling and room preparation.
(11)
Manage the investment portfolio and cash flow for the City.
(12)
Preparation and maintenance of City's general ledger, accounts
receivable, fixed assets and other financial records.
(13)
Tax roll: receives collections and distributes proportionate
share of collections to taxing units.
(14)
Assist the Assessor in maintaining property assessment records
when needed.
(15)
Make reports to the state on assessments.
(16)
Make property tax settlements with the County Treasurer and
turns over to the school district and other taxing units their proportionate
share of property tax collections.
(17)
Collect all taxes for the City and other taxing bodies.
(18)
Prepare ordinances and resolutions as directed.
(19)
Assist with the maintenance of the administration of the City's
web page.
(20)
Serve as records custodian of official records and public documents,
performs certification and recording as required on legal documents
and other records requiring such certification; seals and attests
by signature to ordinances, resolutions, and contracts, easements,
deeds, bonds or other documents requiring certification; catalogs
and files all City records.
(21)
Adjusts errors and complaints according to existing procedures.
(22)
Assure assigned areas of responsibility are performed within
budget; monitors revenues and expenditures in assigned area to assure
sound fiscal control; prepares annual budget requests; assures effective
and efficient use of budgeted funds, personnel, materials, facilities,
and time.
(23)
Attend conferences and training relating to the position as
budgeted and required.
(24)
Gather, interpret, and prepare data for studies, reports and
recommendations; coordinates department activities with other departments
and agencies as needed or assigned.
(25)
Represent the City in a variety of state, county, local and
other meetings.
(26)
Serve as a notary public.
(27)
Perform the duties of the Administrator in their absence.
(28)
Perform such other duties as may be directed by the City Council.
The City Administrator may appoint a Deputy Clerk-Treasurer
subject to confirmation by a majority of the members of the City Council.
The Deputy Clerk-Treasurer shall act under the City Administrator
and Clerk-Treasurer's direction and, during the temporary absence
or disability of the Clerk-Treasurer or during a vacancy in such office,
shall perform the duties of Clerk-Treasurer. The City Council shall
set the salary of the Deputy Clerk-Treasurer.
A.
Selection. The Director of Public Works shall be appointed pursuant to § 101-2. Selection shall be made solely on merit upon the basis of general qualifications and fitness for performing the duties of the position.
B.
Powers and duties. Subject to the direction of the Mayor, City Council
and City Administrator, the Director of Public Works shall have the
following duties:
(1)
General.
(a)
Plans, directs and manages all public works (streets, storm
sewers, sidewalks, curb and gutter).
(b)
Supervises and coordinates all maintenance work and construction
or reconstruction projects involving public works.
(c)
Prepares specifications and bid documents for truck and equipment
purchases, re-roofing, insulation and similar types of projects.
(d)
Prepares recommendations for annual and long-range projects.
(e)
Visits the various operations on an as-needed basis.
(2)
The Public Works Director:
(a)
Has responsibility for overall management and control of the
Public Works Department.
(b)
Advises the Mayor and City Council on various public works projects
or problems and makes recommendations.
(c)
Makes recommendations relating to all street, storm sewer and
sidewalk projects.
(d)
Plan, direct and inspect the repair and maintenance of streets,
curbs and gutters, sidewalks, streetlights, street trees.
(e)
Supervise plowing of snow and all phases of snow and ice control
on City streets, alleys, sidewalks and public parking lots.
(f)
Supervise the operation of the municipal garage and the repair
and maintenance of City-owned vehicles and equipment.
(g)
Schedule the daily and weekly jobs of the Public Works Department
employees and make necessary modifications due to emergencies.
(h)
Plan for the maintenance and repair of all City vehicles, machinery
and equipment and is responsible for related records.
(i)
Repair and maintain all official City sign use and traffic control
marking, to be done in compliance with the State Traffic Code and
local ordinances.
(j)
Perform such other duties as may be directed by the City Council.
B.
Duties. The City Attorney shall have the following duties:
(1)
The Attorney shall conduct all of the law business in which the City
is interested, and shall serve as legal advisor to the Mayor, City
Council and officers of the City.
(2)
He/she shall, when requested by City officers, give written legal
opinions, which shall be filed with the City.
(3)
He/she shall draft ordinances, bonds and other instruments as may
be required by City officials.
(4)
He/she may appoint an assistant, who shall have power to perform
his/her duties and for whose acts he/she shall be responsible to the
City. Such assistant shall receive no compensation from the City,
unless previously provided by ordinance.
(5)
The City Attorney shall perform such other duties as provided by
state law and as designated by the City Council.
C.
Special counsel. The City Council may employ and compensate special
counsel to assist in or take charge of any matter in which the City
is interested.
A.
Appointment.
(1)
The Chief of Police shall be appointed pursuant to § 101-2 and shall hold office during satisfactory performance, subject to suspension or removal pursuant to law.
(2)
The compensation to be paid the Chief of Police for his/her services,
the hours of active duty, rest days, vacation periods and other involvement
of his or her employment shall be such as may be determined by the
City Council from time to time.
B.
General duties. The Chief of Police shall:
(1)
Have command of the Police Department of the City under direction
of the Mayor;
(2)
Have general administration and control of the Department;
(3)
Be responsible for the Department's government, efficiency and
general good conduct;
(4)
Perform all duties prescribed to him/her by laws of the state and
ordinances of the City;
(5)
Develop Department policies and procedures;
(6)
Maintain Department ethics and discipline;
(7)
Delegate special assignments or duties to police officers, and monitor
to see that responsibilities are carried out;
(8)
Perform all the duties of a police officer during a portion of every
regular shift;
(9)
Identify and evaluate ideas to achieve more efficient and effective
operation;
(10)
Prepare Department budget requests and maintain expenditures
within approved budgetary levels;
(11)
Authorize overtime work for police officers, with supporting
justification provided to the Mayor and City Council, or committee
thereof;
(12)
Participate in the recruitment, testing and selection of new
personnel;
(13)
Supervise and participate in the advanced and continuing training
of police officers and non-sworn Department employees;
(14)
Cooperate with county, state and federal officials, and other
municipal law enforcement agencies;
(15)
Make special reports to the City Council on request; and advise
and cooperate with other City departments in matters of public safety;
(16)
Perform other miscellaneous duties as assigned.
A.
Appointment. The Fire Chief shall be appointed by the Mayor, subject
to confirmation by the City Council.
B.
Duties and powers.
(1)
The Chief shall have general supervision of the Fire Department personnel,
apparatus and equipment. The Fire Chief, or his/her designee, shall
be present at fires and command all firefighting operations. The Fire
Chief may make such further rules, regulations and policies for the
government of the Fire Department as he/she may deem necessary, provided
such rules and regulations shall not be inconsistent with the laws
of the State of Wisconsin or Department bylaws. The Fire Chief shall,
by virtue of his/her office, hold the office of Fire Inspector or
he/she may delegate a member of the Department to serve as the Fire
Inspector.
(2)
He/she shall enforce all fire prevention ordinances of the City and
state laws and regulations pertaining to fire prevention, and shall
keep citizens informed on fire prevention methods, and on the activities
of the Department.
C.
Reports of Chief. The Fire Chief shall report to the City Council
from time to time at his/her discretion or upon the request of said
City Council on matters concerning departmental matters and shall
perform such other duties in conformance with his/her office as may
from time to time be required of him/her by the City Council.
A.
Appointment.
(1)
The City of Amery hereby elects not to be governed by those portions
of § 62.09(3)(b), Wis. Stats., relating to the method of
selection of the City Assessor which are in conflict with this section
(Charter Ordinance).
(2)
The City Assessor or assessing firm, shall be appointed by the City
Council for a term of office as determined by contract.
(3)
A corporation or an independent contractor may be appointed as Assessor.
The corporation or independent contractor so appointed shall designate
the person responsible for the assessment. The designee shall file
the official oath under § 19.01, Wis. Stats., and sign the
affidavit of the Assessor attached to the assessment roll under § 70.49,
Wis. Stats.
(4)
No Assessor shall be appointed unless said Assessor in certified
by the Wisconsin Department of Revenue as qualified to perform the
functions of the office of Assessor.
B.
Duties. The Assessor shall perform all duties required of such office
as provided by law and such other duties as are requested to be executed
by such person by the City Council from time to time.
C.
Definition. For purposes of this section, "independent contractor"
means a person who either is under contract to furnish appraisal and
assessment services or is customarily engaged in an independently
established trade, business or profession in which the services are
offered to the general public.
A.
Qualifications.
(1)
There is created the position of Building Inspector.
(2)
The Building Inspector shall:
(a)
Possess such executive ability as is requisite for the performance
of his/her duties and shall have a thorough knowledge of the standard
materials and methods used in the installation of equipment in his/her
area of responsibility.
(b)
Be well versed in approved methods of construction for safety
to persons and property, the regulations of the State of Wisconsin
relating to work in his/her area of responsibility, and any orders,
rules and regulations issued by authority thereof.
(c)
Have sufficient experience in the installation of equipment
to enable him/her to understand and apply the appropriate codes adopted
by the City of Amery.
(d)
Be properly state-certified in his/her areas of responsibility.
B.
Appointment and general powers.
(1)
The Building Inspector shall be appointed by the Mayor, subject to
Council confirmation, for an indefinite term of office.
C.
Authority to enter premises.
(1)
In the discharge of his/her duties, the Building Inspector under this section or his/her authorized agent may enter any building, upon presentation of the proper credentials, during reasonable hours for the purpose of inspection and may require the production of any permit or license required hereunder. No person shall interfere with the Inspector or his/her authorized agent while in the performance of his/her duties, and any person so interfering shall be in violation of this section and subject to a penalty as provided by § 1-5.
(2)
If consent to entry to personal or real properties which are not
public buildings or to portions of public buildings which are not
open to the public for inspection purposes has been denied, the Inspector
shall obtain a special inspection warrant under § 66.0119,
Wis. Stats.
D.
Duties and authority. The Building Inspector shall have such duties as are prescribed in this section and Chapter 193, Building Construction, of this Code of Ordinances.
E.
Records. The Building Inspector shall keep a record of all applications
for permits and regularly number each permit in the order of issuance.
The Building Inspector shall keep a record of all inspections made
and a record of all fees collected by them showing the date of his/her
receipt and transfer to the City Administrator/Clerk-Treasurer.
F.
Stop-work orders and revocations. The Building Inspector may order
construction, installation, alteration or repair work stopped when
such work is being done in violation of this Code of Ordinances. Work
so stopped shall not be resumed, except with written permission of
the Inspector, provided if the stop-work order is an oral one, it
shall be followed by a written order within a reasonable period of
time.
A.
Selection. A Health Officer may be appointed by the Mayor, subject
to Council confirmation. Such Health Officer shall be a physician,
or in lieu thereof, a person with training and experience in public
health administration which shall meet training and experience requirements
established by the State Department of Health Services. If the Health
Officer is not a physician, the City Council shall arrange for and
provide in addition such services of a physician as may be necessary
on either a part-time or full-time basis and provide reasonable compensation
therefor.
B.
Vacancy. If a vacancy in the position of Health Officer occurs, the
Mayor shall immediately fill the position.
C.
Responsibilities.
(1)
The Health Officer shall provide such additional rules and regulations
as are necessary for the preservation of health, to prevent the spread
of communicable diseases, and to cause the removal of all objects
detrimental to health and to enforce the health laws. All proposed
rules and regulations shall be reported to the City Council by the
Health Officer, and if the Council approves the same by a vote of
a majority of its members, they shall have the force and effect of
ordinances, including penalty for violation.
(2)
The Health Officer shall from time to time recommend to the City
Council such sanitary measures, to be executed by the City as seem
necessary, and shall discharge such other duties as may be imposed
upon the Council by ordinance or resolution.
The Weed Commissioner shall be appointed by the Mayor, subject
to Council confirmation. The term of office of the Weed Commissioner
shall commence on the first day of May following his/her appointment.
The Weed Commissioner shall take the official oath, which oath shall
be filed in the office of the City Administrator/Clerk-Treasurer,
and shall hold office for one year. The Weed Commissioner shall hold
office pursuant to and fulfill the duties set out in state law.
A.
Appointment. The Director of Economic Development and Planning shall be appointed pursuant to § 101-2.
B.
Term. The term of the Director shall commence on the first day of
each May and terminate on the 30th day of each April.
C.
Duties. The duties of the Director are set forth in the "City of
Amery Economic Development Revolving Loan Fund Policies and Procedures
Manual" dated November 2002.
A.
No person shall be elected by the people to a City office who is
not, at the time of his/her election, a citizen of the United States
and of this state, and an elector of the City, and in case of a ward
office, of the ward, and actually residing therein.
B.
An appointee by the Mayor, requiring to be confirmed by the Council,
who shall be rejected by the Council shall be ineligible for appointment
to the same office for one year thereafter.
C.
No member of the City Council shall, during the term for which he/she
is elected, be eligible for an office or position which, during such
term, has been created by, or the selection to which is vested in,
the Council, provided that the Council may be represented on City
boards or commissions where no additional remuneration is paid such
representative except as otherwise provided by the laws of the State
of Wisconsin.
City officers must observe the standards of care imposed by
§ 19.21, Wis. Stats., with respect to the care and custody
of official property.
A.
Oath. Every person elected or appointed to any statutory office shall
take and file his/her official oath within 10 days after the notice
of his/her election or appointment.
B.
Bonds. The City Administrator, Clerk-Treasurer, and such other statutory
officers as the laws of Wisconsin or the City Council may direct,
shall execute and file an official bond in such form as the Council
may determine. The Council may at any time require new or additional
bonds of any officer. All official bonds must be approved by the Mayor
and, when so approved, then be filed within 10 days after the officer
executing the same shall have been notified of this election or appointment.
Official bonds shall be filed with the City Administrator or Clerk-Treasurer
and shall be recorded by him/her in a book kept by him/her for that
purpose.
A.
Authorization for department heads. Heads of departments of the City,
including, without limitation by enumeration, the City Administrator,
Clerk-Treasurer, Chief of Police, Fire Chief, Director of Public Works
and Building Inspector, may make rules, regulations, or directives
for the administration of their departments, but not for the conduct
of the general public.
B.
Approval of rules. Any proposed departmental rule, regulation or
directive other than those proposed by the Police or Fire Department
shall be referred to the City Administrator for review. Within 15
days of formal presentation to the City Administrator, the City Administrator
shall either approve the proposed rule or return the proposed rule
to the department along with suggested revisions. All rules shall
be consistent with City ordinances, resolutions and applicable City
personnel rules and regulations. Any rule, or part thereof, returned
by the City Administrator to the department head shall be deemed to
be unacceptable and not in force.
C.
Time of taking effect. All proposed rules, regulations, or directives shall be effective 30 calendar days after presentation to the City Administrator, unless returned by the City Administrator or the City Council acts by resolution to nullify such rule. In emergency situations requiring immediate action rules may become effective immediately, but all rules so enacted shall be reported to the City Administrator within 24 hours, with the reasons for the necessity of immediate implementation. All emergency rules are temporary in nature and must be formally presented as required in Subsection B to become permanent rules.
