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 appointed upon the affirmative vote of a majority
of the City Council, and may be removed at the discretion of the City
Council by an affirmative vote of a majority of the City Council.
The action of the City Council in suspending or removing the City
Manager shall be final, it being the intention of this Charter to
vest all authority and fix all responsibility of such suspension or
removal in the City Council. The City Manager shall be chosen by the
Council solely on the basis of 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 Coleman, but during the tenure of office, shall reside
within the City. No person shall be eligible for appointment as City
Manager or Acting City Manager if they have served as Mayor of the
City of Coleman, or a member of the City Council of the City of Coleman
at any time during the preceding twelve months prior to the appointment
being made. The City Manager shall receive such compensation as may
be fixed by the Council.
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:
(a) Appoint
and, when necessary for the welfare of the City, remove any officer
or employee of the City, except as otherwise provided by this Charter;
and except that the City Manager may authorize the head of a department
to appoint and remove subordinates in such department.
(b) Prepare
and submit to the Council an annual budget, and be responsible for
its administration after adoption.
(c) 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.
(d) Keep
the Council advised of the financial condition and future needs of
the City, and make such recommendations as may seem desirable.
(e) Perform
such other duties as may be prescribed by this Charter or required
of the Manager by the Council, not inconsistent with this Charter.
(f) Attend
all meetings of the Council, and be notified of all meetings of the
Council.
(g) Prepare
and submit to the Council personnel rules, which the Council may accept
and adopt as proposed or with amendments.
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. For that purpose
the Council may subpoena witnesses, administer oaths, and compel the
production of books, papers, and other evidence. Failure to obey such
subpoena or 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 ($1,000) Dollars,
or such maximum as may be allowed by State Law.
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 subordinate. 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.
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;
thereby creating a vacancy in the place held by such member.
The City Manager, by letter filed with the City Secretary, may
designated a qualified administrative officer of the City to perform
the duties of the manager during a temporary absence or disability
(normally thirty (30) days or less). 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 absence or disability shall cease.
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 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 department
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 supervisors of divisions within their
respective departments. Two or more departments may be headed by the
same individual.
The City shall take all necessary measures to protect the City
and the property of its citizens from destruction by fire or conflagration;
and shall have the authority to establish and maintain a fire department
within the City, at such time as State Statutes may require, or as
the Council may deem advisable, and to cooperate with any person,
other governmental body, association, or corporation in the operation
of the fire department, under such terms as the City Council may prescribe
by ordinance. Authority is also granted to support and assist in the
maintenance of a volunteer fire department.
The City Manager shall appoint with the confirmation of the
City Council, a Chief of the Fire Department, whose duties and obligations
shall be determined and supervised by the City Manager. The City Manager
may remove a Fire Chief, with or without cause, without requiring
the confirmation of the City Council.
The City Manager shall appoint, with the confirmation of the
City Council, a Chief of the Police Department, whose duties and obligations
shall be determined and supervised by the City Manager. The City Manager
may remove a Police Chief, with or without cause, without requiring
the confirmation of the City Council.
The City Council shall have the power, after approval of a majority
of the voters of the City of Coleman, at an election called for that
purpose, to enter into interlocal agreements with one or more governmental
entities for law enforcement and police services.
Any such agreement shall be subject to budget requirements provided
in this Charter and by city ordinance, but the provisions of any such
interlocal agreement shall prevail when in conflict with any other
portion of this Charter or of the ordinances of the City of Coleman
relating to duties and responsibilities assigned to the Police Department,
with the purpose that any such law enforcement agency existing under
interlocal agreement shall perform the duties and have the responsibilities
otherwise designated for the Police Department under the Charter or
by City ordinance.