(a)
The city manager shall confirm the appointment of all compensated city staff and reserve police officers, except those positions specifically requiring council action pursuant to the city charter, in accordance with each annual budget as adopted by the city council.
(b)
The city manager shall have the authority to dismiss compensated city staff and reserve police officers, except department heads, which will require the consent of the city council.
(c)
Unless otherwise required by statute or other ordinance, all employees of the city and all officials identified in article IV of the city charter shall serve at-will.
(d)
The city council may enter an employment agreement with the city manager provided nothing therein shall be construed as altering the at-will nature of the employment relationship.
(e)
The city council may negotiate and approve, or authorize the city manager to negotiate and execute, an engagement letter or other documentation setting out the scope and financial terms of the relationship between the city and the city attorney or deputy city attorney, provided nothing therein shall be construed as altering the at-will nature of the attorney-client relationship.
(f)
The city manager is authorized to use discretion consistent with best practices to negotiate and execute employment agreements with department heads, assistant city manager, and city officials identified in article IV of the city charter.
(1)
A department head is any city employee who is the chief director and/or manager of any department of the city.
(2)
An employment agreement negotiated under this provision:
(A)
Shall not modify the at-will nature of the employment relationship and any attempt to do so shall be void;
(B)
Shall expressly state that the employee is at-will and may be terminated at any time for any reason (except an illegal reason) or for no reason;
(C)
May provide for severance payments to the employee if dismissed without good cause;
(D)
May provide specifics of a performance or longevity bonus plan;
(E)
May contain other terms and provisions negotiated between the city manager and employee; and
(F)
Shall be approved in writing by the city attorney prior to execution by the employee or official.
(Ordinance 2021-04-26-01 adopted 4/26/21; Ordinance 2023-05-15-03 adopted 5/15/2023)