The Council shall appoint a City Manager for an indefinite term, who shall be the chief administrative officer of the City. The City Manager shall be chosen by the Council solely on the basis of the individual's executive and administrative training, experience, ability and character, and without regard to political consideration. The City Manager need not, when appointed, be a resident of the City of DeSoto, but during the City Manager's tenure of office, the City Manager shall reside in the City of DeSoto. No member of the Council shall, during the term for which elected, be chosen as City Manager. The City Manager shall receive such compensation as may be fixed by the Council.
(Ordinance 2324-23 adopted 7/18/2023)
The City Manager shall be responsible to the Council for the proper administration of all the affairs of the City. The powers herein conferred upon the City Manager shall include, but shall not be limited to the following:
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Except as otherwise provided by this charter, appoint, and, when necessary for the welfare of the City, employ or remove any officer or employee of the City, except any officer of the City appointed by the City Council, and may authorize the head of a department to appoint and remove subordinates in such department.
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Prepare and submit to the Council an annual budget and be responsible for its administration after adoption.
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Prepare and submit to the Council as of the end of the fiscal year a complete report on the finances and administrative activities of the preceding year.
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Keep the Council advised of the financial condition and future needs of the City and shall make such recommendations as are necessary.
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Perform such other duties as may be prescribed by this Charter or required of him by the Council, not inconsistent with this Charter.
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Attend all meetings of the Council, and he shall be notified of all meetings of the Council.
(Ordinance 2324-23 adopted 7/18/2023)
The Council may remove the City Manager, upon the affirmative vote of a majority of the Council. If removed after serving six (6) months, he may demand written charges and the right to be heard thereon at a public meeting of the Council prior to the date on which his final removal shall take effect; but pending such hearing the Council may suspend him from office. The action of the Council in suspending or removing the City Manager shall be final, it being the intention of the Charter to vest all authority and fix all responsibility for such suspension or removal in the Council.
The City Council shall have power to inquire into the conduct of any office, department, agency, officer or employee of the City and to make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths and compel the production of books, papers and other evidence. Failure to obey such subpoena or to produce books, papers or other evidence, as ordered under the provisions of this section shall constitute a misdemeanor and shall be punishable by fine not to exceed One Thousand Dollars ($1,000.00).
Neither the Council nor any of its members shall direct or request the appointment of any person to or removal from office by the City Manager or by any of the City Manager's subordinates. However, the Council may consult and advise the City Manager, make inquiry regarding the appointments or removals and may express their opinion in regard thereto. In regard to administrative and executive duties under the City Manager, the Council and its members shall deal solely through the City Manager and neither the Council nor any member thereof shall give orders to any subordinate of the City Manager, either privately or publicly. Willful violation of the foregoing provisions of the Charter by any member of the Council shall constitute official misconduct and shall authorize the Council by a vote of a majority of its membership to expel such offending member from the Council if found guilty after a public hearing and thereby create a vacancy in the place held by such member.
(Ordinance 2324-23 adopted 7/18/2023)
To perform the duties during the City Manager's temporary absence or disability, the City Manager, by letter filed with the City Secretary, may designate a qualified administrative officer of the City. In the event of failure of the City Manager to make such designation, the Council may by resolution appoint an officer of the City to perform the duties of the City Manager until the City Manager shall return or their disability shall cease. In case of disability or illness exceeding thirty (30) days, where the City Manager's duties could not be performed properly, the City Manager's salary may be continued at the discretion of the Council.
(Ordinance 2324-23 adopted 7/18/2023)
There shall be such administrative departments as are established by this Charter and such other administrative departments as may be deemed necessary by the Council and as are established by ordinance, all of which shall be under the control and direction of the City Manager. The Council may abolish or combine one or more departments created by it and may assign or transfer duties of any departments of the City from one department to another by ordinance.
At the head of each department there shall be a director who shall be appointed and who may be removed by the City Manager. Such directors shall have supervision and control over their respective departments and may serve as chiefs of divisions within their respective departments. Two or more departments may be headed by the same individual and the City Manager may head one or more departments.
During the months of January and July of each calendar year, the City Council shall review the performance of the City Manager, and shall, during the month of January of each calendar year, review the performances of the City Secretary, City Attorney and Municipal Judge, such performance reviews to be recorded in writing. The City Manager shall be responsible for implementing annual performance reviews for all other employees of the City.