The office of city manager is hereby created.
(1993 Code, sec. 32.01; 2006 Code, sec. 2-171; Ordinance 264 adopted 12/1/86; Ordinance 03-02-565 adopted 2/17/03; Ordinance 04-03-605, sec. 2, adopted 3/20/04)
The city council shall appoint, upon the affirmative vote of a majority of the full membership of the city council, a city manager who shall serve as chief administrative officer of the city. The city manager shall be responsible to the city council for administration of all the affairs of the city, with only those exceptions that are named in the charter. The city manager shall be appointed solely upon the city manager’s executive, administrative and educational qualifications, and shall have previous city manager or assistant city manager experience and/or a degree in a field related to city government. The city manager need not be a resident of the city when appointed, but shall within a reasonable time after such appointment reside within the city during the balance of the tenure of his appointment. In case of the absence, disability or suspension of the city manager, the city council may designate a temporary qualified administrative officer of the city to perform the duties of the office.
(1993 Code, sec. 32.02; 2006 Code, sec. 2-172; Ordinance 264 adopted 12/1/86; Ordinance 03-02-565 adopted 2/17/03; Ordinance 04-03-605, sec. 2, adopted 3/20/04)
The city manager may be removed or suspended, with or without cause (subject to any contractual arrangements that may exist between the city and the city manager), at the discretion of the city council by the affirmative vote of a majority of the full membership of the city council. Upon a decision to remove the city manager, written notice of such decision shall be immediately furnished to the city manager and the city council may then suspend or remove him from duty.
(1993 Code, sec. 32.03; 2006 Code, sec. 2-173; Ordinance 264, 12-1-1986; Ordinance 03-02-565, 2-17-2003; Ordinance 04-03-605, sec. 2, 3-20-2004)
The city manager shall exercise all general management functions of the city by serving as chief administrative officer of the city, and he shall be authorized to do the hiring and firing of personnel employed by the city, with the exception of those municipal officers required by the city charter to be hired and fired by the city council. The city manager shall be responsible to the city council for the proper administration of all affairs of the city. To that end, the city manager shall have power and shall be required to:
(1)
Appoint, suspend and remove all city employees and appointive administrative officers provided for in the city charter, except as otherwise provided by law, the city charter or personnel rules adopted pursuant thereto.
(2)
Direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by law or the city charter.
(3)
See that all state laws and city ordinances are effectively enforced.
(4)
Attend all city council meetings with the right to take part in discussion, but the city manager shall not vote.
(5)
Prepare and accept, or designate an appropriate department head or city employee to prepare and accept, items for inclusion in the official agenda of all city council meetings and meetings of all boards and commissions.
(6)
Prepare and recommend to the city council the annual budget and capital program, and administer the budget as adopted by the city council.
(7)
Keep the city council fully advised and informed at least quarterly, or at the request of the city council, as to the financial conditions and future needs of the city, and make such recommendations concerning the affairs of the city as the city manager or the city council deems desirable or necessary.
(8)
Make reports as the city manager or the city council may require concerning the operations of the city departments, offices or agencies subject to the city manager’s direction or supervision.
(9)
Perform such other duties as are specified in the city charter or may be required by the city council, and are consistent with the city charter and state or federal law.
(10)
Prepare job descriptions for all officers and employees of the city and dismiss any employee, with the exception of those municipal officers required by the city charter to be hired and fired by the city council. The city manager shall be empowered to suspend any officer until such time as the city council can act on his recommendation, with the exception of the city manager, city secretary, city attorney and city judge, who are appointed and removed by the city council and supervised, in part, by the city council’s designated liaison to those officers, the city’s mayor. The city manager has the authority to recommend to the city council the appointment or termination of any officer of the city. Only the city council shall have the authority to terminate the employment of the city manager, city secretary, city attorney and city judge, in accordance with the city’s charter.
(11)
Direct and supervise the day-to-day activities of all employees through department heads, including the city secretary, city attorney and city judge. These municipal officers, as well as the city manager, however, may also be supervised, from time to time, by the mayor as the city council’s designated liaison to these municipal officers.
(12)
Prepare and submit to the city council as of the end of the fiscal year a complete report on the finances and administrative activities in the city for the preceding year.
(13)
Work directly with outside consultants in developing solutions to identified local service needs.
(14)
Recommend to the city council from time to time the adoption of such measures as he may deem necessary or expedient for the health, safety or welfare of the city or for the improvement of administrative services of the city to achieve greater cost effectiveness or program results.
(15)
Assist the city council in applying for federal and state grants.
(16)
Be responsible for the purchasing of day-to-day materials and needs limited by the budget for the current year. All invoices to be paid by check signed by two of the following: mayor, mayor pro tem, city secretary, director of finance or city manager.
(17)
Enforce all personnel policies and rules, and advise the city council on other personnel system improvements as needed.
(18)
Investigate the affairs of the city or any department or Division thereof. Investigate all compliances in relation to matters concerning the administration of the government of city, and in regard to service maintained by the public utilities in the city, and see that all franchises, permits and privileges granted by the city are faithfully observed.
(19)
The city manager shall be responsible to the city council for the efficient administration of its affairs.
(20)
Signature authority of city manager.
In accordance with state law including all bidding requirements, the following contracts may be entered into and executed on behalf of the city by the city manager or the designated acting city manager (hereinafter “city manager”) without further council authorization:
(A)
Contracts for the purchase of goods or services for which funds have been adopted by budget or amended budget in the fiscal year during which payment is due;
(B)
Contracts for the purchase of goods or services which do not require an expenditure of funds and which are determined necessary for the efficient operation of the city and the implementation of the budget or any amended budget;
(C)
Contracts for use of bond proceeds, including professional services, which have been included in the project budget or any amended project budget approved by city council;
(D)
Contracts for the use of city-owned facilities;
(E)
Change orders for the lesser of an amount of fifty thousand dollars ($50,000.00) or fifteen percent (15%) of the original contract price, including budgeted amounts in subsection (A) and bond proceeds in subsection (C) above, with city council notified of the change order at the next city council meeting;
(F)
Settlement agreements after approval by city council;
(H)
Contracts for which the city council has otherwise expressly provided authorization for execution by the city manager.
(1993 Code, sec. 32.04; 2006 Code, sec. 2-174; Ordinance 264 adopted 12/1/86; Ordinance 03-02-565 adopted 2/17/03; Ordinance 04-03-605, sec. 2, adopted 3/20/04; Ordinance 18-01-1073 adopted 1/2/18)
Members of the city council shall not in any way dictate the appointment or removal of the city administrative officers or employees appointed by the city manager or any of the city manager’s subordinates. The city council, at a meeting called for that purpose, may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such officers and employees. Except for the purpose of inquiries and investigations as provided by the city charter, the city council shall interact with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager. The city council shall not give orders to any such officer or employee, either publicly or privately, except as otherwise provided in the city charter. Notwithstanding this provision, the mayor, as the city council’s liaison to the municipal officers that the city council hires and fires, may also supervise, from time to time, the city manager, city secretary, city attorney and city judge.
(1993 Code, sec. 32.05; 2006 Code, sec. 2-175; Ordinance 264 adopted 12/1/86; Ordinance 03-02-565 adopted 2/17/03; Ordinance 04-03-605, sec. 2, adopted 3/20/04)
In case of accident, disaster or other circumstances creating a public emergency, the city manager may award contracts and make purchases for the purpose of meeting said emergency; but he shall file promptly with the city council a certificate showing such emergency and the necessity for such action, together with an itemized account of all such expenditures. All expenditures made hereunder shall conform to the requirements of the laws of the state.
(1993 Code, sec. 32.06; 2006 Code, sec. 2-176; Ordinance 264 adopted 12/1/86; Ordinance 03-02-565 adopted 2/17/03; Ordinance 04-03-605, sec. 2, adopted 3/20/04)
The city manager shall furnish a surety bond to be approved by the city council, said bond to be continued [conditioned] on the faithful performance of his duties. The premium of the bond shall be paid by the city.
(1993 Code, sec. 32.07; 2006 Code, sec. 2-177; Ordinance 264 adopted 12/1/86; Ordinance 03-02-565 adopted 2/17/03; Ordinance 04-03-605, sec. 2, adopted 3/20/04)
The city manager shall receive such compensation as the city council shall fix from time to time by contract, ordinance or resolution.
(1993 Code, sec. 32.08; 2006 Code, sec. 2-178; Ordinance 264 adopted 12/1/86; Ordinance 03-02-565 adopted 2/17/03; Ordinance 04-03-605, sec. 2, adopted 3/20/04)