The city council elects, determines and ordains that the offices
of treasurer, assessor and collector, secretary, city attorney, marshal,
and city engineer, and such other officers and agents as the council
may from time to time direct, shall be appointive and not elective,
and that any and all such officers and/or agents shall be appointed
by the mayor, with the advice and consent of the city council. The
city council may from time to time fix the powers and duties of all
such officers and/or agents, and may from time to time confer such
powers and duties of any one or more of such officers upon other officers
and/or agents of the city.
(Ordinance 22, sec. 4, adopted 2/11/54)
From time to time, as may be necessary, the mayor may recommend
and the city council, by simple majority, may approve the appointment
of officers of the municipality as provided for by state law. These
officers shall serve until their resignation unless removed as provided
below:
(1) The
governing body of the city may remove a municipal officer for incompetency,
corruption, misconduct or malfeasance in office after providing such
officer with due notice and an opportunity to be heard.
(2) Additionally,
if the governing body of the city should lack confidence in any municipal
officer appointed by them, the governing body may remove that officer
at any time, provided that such will be only effective if two-thirds
(2/3) of the full council vote in favor of a resolution declaring
such lack of confidence.
(Ordinance 365 adopted 9/21/00)
(a) Council and committees not to interfere with appointments, removals,
etc.
Neither the council nor any of its committees or
members shall dictate or attempt to dictate the appointment of any
person to, or his removal from, office or employment by the director
of each department or any of his subordinates, or in any manner interfere
in the appointment of officers and employees in the departments of
administrative service vested in the director of any department. Except
for the purpose of inquiry, the council and its members which deal
with that part of the administrative service for which the council
responsible solely through such member [sic], and neither the council
nor any member thereof shall give orders to any of the subordinates
of the directors of departments, either publicly or privately.
(b) Violation to constitute official misconduct.
Willful
violation of the foregoing provision of this section by any member
of the council shall constitute official misconduct, and shall authorize
the council, by a vote of two-thirds of its entire membership, to
expel such offending member from the council, and thereby create a
vacancy in the place held by such member.
(Ordinance 139, secs. V, VI, adopted 4/22/71)
The director of each department shall have the exclusive right
to suspend any of the officers or employees who may be under his jurisdiction
and control for incompetence, neglect of duty, immorality, drunkenness,
failure to obey orders given by the proper authority or for any other
just and reasonable cause. If any officer or employee be suspended,
as herein provided, the director of said department shall forthwith,
in writing, certify the fact, together with the cause for the suspension,
to the mayor, who shall, within five days from the receipt of such
certificate, if demanded by the suspended officer or employee so to
do, proceed to inquire into the cause of the suspension and render
judgment thereon, which judgment, if the charge be sustained, may
be suspension, reduction in rank, or dismissal, and such judgment
shall be final, except as may be otherwise provided herein.
(Ordinance 139, sec. VII adopted 4/22/71)
(a) It
shall be unlawful for any city employee to campaign for any person
or persons seeking public office while in or upon the premises of
the city hall or within a distance of 100 feet from the city hall
or on any property owned or maintained by the city.
(b) By
the term “campaigning” is meant encouraging, aiding or
assisting any candidate for public office by word of mouth, distributing
of literature, telephoning, or passing any written material for and
on behalf of any candidate.
(c) Any
city employee violating any of the provisions of this section shall
be subject, at the discretion of the city council, to immediate discharge.
(Ordinance 65 adopted 4/17/58)