The office of city manager is hereby established.
(1984 Code, sec. 1-4; Ordinance 350 adopted 7/26/1983; Ordinance O-15-09 adopted 5/12/2009; 1997 Code, sec. 31.15)
(a)
The city manager shall be appointed for an indefinite period and shall be subject to discharge at the will of the city council. Both appointment and removal shall require a majority vote of the city council.
(b)
The city manager shall execute a bond or the appropriate errors and omissions coverage shall be provided. The bond and/or coverage shall be conditioned that the city manager will faithfully perform the duties of city manager and shall be in an amount prescribed by the city council by ordinance or city policy.
(1984 Code, sec. 1-5; Ordinance 350 adopted 7/26/1983; Ordinance O-15-09 adopted 5/12/2009; 1997 Code, sec. 31.16)
The annual salary of the city manager shall be set from time to time by the city council.
(1984 Code, sec. 1-6; Ordinance 350 adopted 7/26/1983; Ordinance O-15-09 adopted 5/12/2009; 1997 Code, sec. 31.17)
During the absence or disability of the city manager, the city manager shall appoint an acting city manager by filing a letter with the city secretary. Should the city manager fail to make such an appointment, the city council may designate some properly qualified person to perform the duties of such office or the mayor, as chief executive officer, may perform such administrative duties consistent with statutory authority.
(1984 Code, sec. 1-7; Ordinance 350 adopted 7/26/1983; Ordinance O-15-09 adopted 5/12/2009; 1997 Code, sec. 31.18)
The powers and duties of the city manager shall be as follows:
(1)
To devote all his or her working time and attention to the affairs of the city and to be responsible to the city council for the efficient administration of the city's affairs.
(2)
To see that all provisions of federal, state, and local laws, ordinances, and resolutions are enforced.
(3)
To appoint and remove, with the advice of the city council, all heads of departments and to have the power to appoint and remove all subordinate employees.
(4)
To exercise supervision and control over all departments created by the city council.
(5)
To attend all meetings of the city council with a right to take part in the discussion, but having no vote, and to be notified of all special meetings of the city council.
(6)
To see that all contracts with the city, including public utility franchises, are faithfully kept and performed and, upon knowledge of any violation thereof, to call the same to the attention of the city council.
(7)
To assist the mayor with the preparation of the budget and submission to the city council, prior to the beginning of each fiscal year, a budget of proposed income and expenditures for the ensuing year.
(8)
To file the budget as required by state law after the budget has been approved by the city council.
(9)
To keep the city council advised of the financial condition and future needs of the city and to make such recommendations as may seem to him or her desirable.
(10)
To report on finances and on administrative activities for the preceding year and to publish such reports as required by law.
(11)
Purchasing and payments:
(A)
To act as purchasing agent for the city, responsible for all purchases made in the name of the city, and shall receive prior approval by the city council for all non-budgeted expenditures that exceed $3,000.00 or for purchases not included in the budget for the applicable fiscal year; to further ensure that all purchases are made, and contracts awarded, consistent with applicable statutory authority and limitations.
(B)
The city manager shall be authorized and directed to make certain nondiscretionary payments occurring on a monthly and quarterly basis and specific expenditures previously approved by the city council in the budget, such as utility bills, insurance payments, payments due to the state and federal governments by law, payments required by order of a court, refunds of money held in escrow which are not a part of the city funds, and debt service payments, without limitation as to the amount. Payments set forth in this subsection shall be deemed to have been approved by the city council upon approval of such specific sums in the budget, entry of the order of the court or approval of the annual audit permitting such payments as good accounting practices.
(C)
The city council shall receive and approve all expenditures made by the city manager, or requested to be made, in a monthly report, or as the council may direct to be submitted for this purpose.
(12)
To perform such other duties as may be prescribed by ordinance or resolution or as directed by the city council, not inconsistent with the mayor's statutory authority. Neither the city council nor any of its members shall direct or request the appointment of any person to, or his or her removal from, office by the city manager or by any of his or her subordinates. However, the city council may consult and advise the city manager, make inquiries regarding appointment or removal, and may express their opinion in regard to the administrative and executive duties under the jurisdiction of the city manager. The city council and its members shall deal solely through the city manager, and neither the city council nor any member thereof shall give orders to any subordinate of the city manager, either privately or publicly. Any willful violation of the foregoing provision by any member of the city council shall constitute official misconduct.
(1984 Code, sec. 1-9; Ordinance 350 adopted 7/26/1983; Ordinance O-20-07 adopted 10/16/2007; Ordinance O-15-09 adopted 5/12/2009; 1997 Code, sec. 31.19)