[1]
Editor's note–Ordinance 01-850, sec. 3, adopted Feb. 27, 2001, changed the title of art. V from "The City Manager: Appointments and Duties" to "Administration."
The Council, by majority vote, shall appoint a City Manager, hereafter referred to as the "Manager", who shall be administrator and chief operating officer of the City and shall be responsible to the Council for the administration of the affairs of the City. He shall be chosen by the Council solely on the basis of his executive and administrative training, experience and ability. No member of the Council shall, during the time for which he is elected and for two years thereafter, be appointed Manager.
(Ordinance 01-850, sec. 3, adopted 2/27/01; Resolution 09-2137, prop. 5, adopted 5/15/09)
The Manager shall not be appointed for a definite term but may be removed at the will and pleasure of the Council by a vote of the majority of the entire Council. The action of the Council in the suspending or removing of the Manager shall be final, it being the intention of this Charter to vest all authority and fix all responsibilities of such suspensions or removal in the Council. In case of absence, disability or suspension of the Manager, the Council may designate a qualified person other than the Mayor or a member of the Council to perform his duties.
The duties of the Manager shall include the following:
(1) 
See that all state laws and city ordinances are effectively enforced.
(2) 
Appoint, suspend or remove all or any one of the directors of departments and employees, except as otherwise provided in this Charter.
(3) 
Attend all meetings of the Council except when excused by Council, and shall have the right to take part in the discussion.
(4) 
Prepare the fiscal and capital program and budget annually; submit it to the Council and be responsible for its administration after its adoption.
(5) 
Prepare and submit to the Council at the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year.
(6) 
Keep the Council advised of the financial condition and future needs of the City.
(7) 
Make other such reports as the Council may require concerning the operations of city departments, offices and agencies subject to his direction and supervision.
(8) 
Perform such other duties as may be prescribed by the Council, as consistent with this Charter.
Editor's note–Former section 5.04 pertaining to the personnel policies manual was repealed by Proposition 6 of Resolution 09-2137, adopted May 15, 2009.
All officers and employees who act in a financial capacity, or others as the Council may require, before assuming the duties of their offices, shall enter into a good and sufficient fidelity bond in a sum to be determined by the Council, payable to the City. The premium on such bonds shall be paid by the City.
The Manager shall be required to live within the City limits. The individual appointed for such position shall be allowed one year to comply with this provision. The Council may waive the residency requirement with just cause after discussion during open session.
Except for the purposes of inquiries and investigations as set forth in this Charter, the Council or its members shall deal with City officers and employees who are subject to the direction and supervision of the Manager solely through the Manager, and neither the Council nor its members shall give orders to any such officer or employee, whether publicly or privately, except as otherwise provided in this Charter.
Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any city administrative officers or employees which the Manager or any of his subordinates are empowered to appoint. The Council may express its views and fully and freely discuss with the Manager anything pertaining to appointment and removal of such officers and employees, except as otherwise provided in this Charter.
There shall be established and maintained a department of police to preserve order within the City and to secure the residents of the City from violence and their property therein from injury or loss. With the approval of the Council, the Manager shall appoint a Chief of Police, who shall be the administrative officer of the Police Department. He shall, in accordance with the City's personnel policies, appoint and remove the employees of the department and shall perform such duties as may be required of him. His term shall be indefinite, subject to removal by the Manager with appropriate appeals to the Council.
(Ordinance 01-850, sec. 3, adopted 2/27/01)
A qualified Fire Department shall be established and maintained to provide for protection against the threat and destruction of fires. With the approval of the Council, the Manager shall appoint a Fire Chief who shall be the administrative officer of the Fire Department. He shall, in accordance with the City's personnel policies, appoint and remove the employees of the department and shall perform such duties as may be required of him. His term shall be indefinite with removal by the Manager with appropriate appeals to the Council.
Council members, in preparation for Council meetings, may make inquiries of department heads regarding items and issues before the Council.
The Council shall have the authority to initiate an investigation, or to authorize the Manager, a Special Counsel, committee or individual to initiate an investigation into the conduct of any department, agency, officer or employee of the City and to make investigations as to City affairs, and for that purpose shall have the power to subpoena witnesses, administer oaths and compel the production of books, papers, and other evidence material to said investigation. The Council shall provide by ordinance penalties for contempt in refusing to obey any such subpoenas or failure to produce books, papers and other evidence, and shall have the power to punish any such contempt in the manner provided by ordinance.