[Code 1957, § 2.5; Ord. No. 668, 4-10-1986; Ord. No. 835, 8-8-2000; amended 10-8-2019 by Ord. No. 1108]
At the first meeting after the qualification of its members, or as soon thereafter as possible, the Board of City Commissioners shall appoint the following officers:
(a) 
Attorney;
(b) 
One or more assessors;
(c) 
Such other officers or boards as the Board of City Commissioners may deem necessary.
[Code 1957, § 2.6; Ord. No. 668, 4-10-1986; Ord. No. 835, 8-8-2000; amended 10-8-2019 by Ord. No. 1108]
The term of all appointive officers in § 2-1 shall commence on the first day of July of the year of their appointment and such officers shall hold their respective offices for two years and until their successors are appointed and qualified. The City Commission, in its discretion, may extend or reduce the term of an appointed officer, for a time period deemed appropriate by the Board of City Commissioners.
[Ord. No. 835, 8-8-2000; Ord. No. 1030, 11-24-2015; amended 10-8-2019 by Ord. No. 1108]
(a) 
At the first meeting after the qualification of its members, or as soon thereafter as possible, the Board of City Commissioners shall also appoint the following officers if there is a vacancy and the position has not previously been dispensed with by a majority vote of the Board of City Commissioners:
(1) 
Finance Director.
(2) 
Airport Director.
(3) 
Economic Development Director.
(4) 
Development Services Director.
(5) 
Chief of Police.
(6) 
City Engineer.
(7) 
Public Works Director.
(8) 
Fire Chief.
(9) 
City Administrator.
(10) 
Human Resources Director.
(11) 
PSAP Director.
(b) 
Retained appointive officials are also known as department heads. All retained appointive officials in § 2-3(a) shall be subject to the City of Williston Personnel Policy and its succeeding amendments or as otherwise directed by the Board of City Commissioners.
[Ord. No. 835, 8-8-2000]
After completing any probation period, retained appointive officers in § 2-3 appointed to such office or position may only be removed by a majority vote of 4/5ths of all of the members of the Board of City Commissioners, only upon a finding of cause. The facts should be set forth in a written allegation signed by one or more members of the City Commission and such written allegation shall be delivered to the officer. Within 14 days after delivery or service of the written allegation, the City Commission shall hear and determine the case upon its merits. The officer is entitled to present any witnesses and evidence in his behalf and the Board or any member of the Board of City Commissioners is likewise entitled to present any witnesses or evidence concerning the removal of the officer. The president of the Board of City Commissioners or the Board of City Commissioners, by a majority vote of its members, may suspend with pay any officer against whom written allegations have been delivered or served until the matter is heard and decided by the Board of City Commissioners. The president of the Board of City Commissioners may appoint a person to fill any vacancy temporarily until the disposition of the allegations against the officer. Such person temporarily appointed may be removed by the president of the Board of City Commissioners or a majority of the Board of City Commissioners. After the matter is heard before the Board of City Commissioners, the Board may make an immediate ruling or may take the matter under advisement but shall render a decision no later than the next succeeding regularly scheduled commission hearing.
[Ord. 1957, § 2.5; Ord. No. 668, 4-10-1986; Ord. No. 835, 8-8-2000]
(a) 
The Board of City Commissioners by a majority vote may dispense with any appointive office listed in § 2-1(a) at the end of the term or during a vacancy and provide that the duties thereof shall be performed by contract, by other officers or boards, by the Board of City Commissioners, or by a committee or committees thereof.
(b) 
The Board of City Commissioners, by a majority vote, may dispense with any appointive office listed in § 2-3(a) and provide that the duties thereof shall be performed by contract, by other officers or boards, by the Board of City Commissioners, or by a committee or committees thereof.
[Ord. No. 835, 8-8-2000]
An appointive officer may be subject to disciplinary action for conduct impairing performance of the officer or that of the City government, including, but not limited to, the following:
(a) 
Consumption of alcoholic beverages or unlawful use of any drugs, narcotic or other controlled substance while on duty, or reporting to work when under the influence of intoxicants or any narcotic or controlled substance;
(b) 
Failure to follow orders of superiors or the Board of City Commissioners;
(c) 
Inability to get along with City employees, resulting in interference with performance of duties of any employee;
(d) 
Being absent from work without permission or failure to report to the supervisor or department head when absent;
(e) 
Being habitually tardy;
(f) 
Continued failure to perform the assigned work in a satisfactory manner;
(g) 
Being habitually wasteful of material, property or working time;
(h) 
Failure to pay just debts to the best of one's ability and means, if such failure impairs job performance or interferes with normal and efficient City government;
(i) 
Conviction of a felony or conviction of a misdemeanor involving dishonesty or moral turpitude;
(j) 
Engaging in criminal, infamous, dishonest or notoriously disgraceful conduct, or other conduct prejudicial to the government;
(k) 
Violation of City ordinances or official written policies adopted by the Board of City Commissioners or departments;
(l) 
Careless or negligent operation of City vehicles or equipment;
(m) 
Engaging in conduct or making public statement's which adversely affect the confidence of the public in the integrity of the Board of City Commissioners, the department heads or City government or which directly or indirectly condemns or criticizes the policies of the City or any of its departments;
(n) 
Taking any action which might prejudice the City's interest in a criminal or civil action;
(o) 
Betting or participation in any illegal gambling activity while on City-owned or City-leased property or while on duty for the City;
(p) 
Displaying discourtesy or disrespect to a member of the public when acting in an official capacity;
(q) 
Having a suspended or revoked driver's license when a current license is required as part of the job description and responsibilities.
[Ord. No. 1051, 9-13-2016]
(a) 
The City Administrator, shall among other duties, plan, manage, coordinate and oversee the administration of municipal operations; shall coordinate assigned activities with other City departments and outside agencies; shall implement and administer City Commission-established policies for efficient operation of the municipal government; shall provide direct supervision of the City Administrator's office as well as the Human Resources Director and Public Information Officer upon fulfillment of the vacancies for said positions.
(b) 
The City Administrator shall supervise all other retained appointive officers and departments for the City of Williston and ensure the completion of all reports and correspondences required by State and Federal rules and regulations.
(c) 
The City Administrator in conjunction with the designated portfolio commissioner as provided in Sections 2-13 — 2-16, Article I, Chapter 2, and the applicable retained appointive officer shall establish goals and objectives for all departments to ensure compliance with the City Commission policy directives and any applicable local, State, or Federal rules and regulations.
(d) 
The City Administrator in conjunction with the City Auditor and designated Commissioner of Finance and revenue shall coordinate the financial status of the City with departmental goals, objectives and actual performance; and aid in the development of the budget and recommend and monitor the budget for all departments. The City Administrator shall monitor expenditures for various items to ensure compliance with guidelines.
(e) 
The City Administrator shall serve as liaison for the City with non-governmental and governmental organizations, contractors and citizens concerning City projects and policies.
(f) 
The City Administrator shall serve to represent City departments to the City Commission to present the plans and accomplishments of each department and to provide recommendations regarding current plans, projects, and programs.
(g) 
The City Administrator shall have the authority of promoting, disciplining, transferring, demoting, or compensating any City employee.
(h) 
The City Administrator shall also have the authority to fire any City employee, with the exception of retained appointive officers.
(i) 
The City Administrator has the authority to prepare a written report to each member of the Board of City Commissioners providing a recommendation for disciplining or terminating a retained appointive officer for cases involving violation of City policy or unsatisfactory service. Removal and suspension of retained appointive officers shall be subject and pursuant to § 2-4 of Article I, Chapter 2 of the Williston Code of Ordinances.
(j) 
The City Administrator shall have the authority to hire any City employee with the exception of all other retained appointive officers. The City Administrator shall provide a recommendation to the Board of Commissioners for the City of Williston as it relates to filling a vacancy of a retained appointive officer, and the Board of City Commissioners shall make the final hiring decision for the retained appointive officer position as provided for in § 2-3 of Article I, Chapter 2 of the Williston Code of Ordinances.
(k) 
Notwithstanding the provisions in Sections 2-18 — 2-25 of Article II, Chapter 2 of the Williston Code of Ordinances, purchases of supplies, materials, equipment and contractual services when: 1) they have a total cost of less than $50,000; 2) authorized within the City approved budget may be made in the open market, without competitive bidding, and 3) said purchases do not involve the expenditure of Federal funds; provided:
(1) 
The purchasing retained appointive officer or designee solicits prices or quotes for the supplies, materials, equipment and contractual services from a minimum of three vendors; or if fewer than three vendors are available, then from all available vendors.
(2) 
A report is filed with the City Administrator by the purchasing retained appointive officer stating:
a. 
The particular supplies, materials, equipment or contractual services that are sought to be purchased without competitive bidding;
b. 
The purchasing retained appointive officer's opinion as to why the purchase should not be made using competitive bidding;
c. 
The vendors from who the purchasing retained appointive officer solicited prices or quotes for the supplies, materials, equipment and contractual services;
d. 
The prices or quotes supplied by such vendors;
e. 
The retained appointive officer's recommendation that the purchase be made from the vendor submitting the lowest price or quote that meets or exceeds the specifications of the purchase and the needs of the City;
f. 
The retained appointive officer's opinion that the purchase price for the supplies, materials, equipment or contractual services is a reasonable and fair price in the local market.
(3) 
The purchase without competitive bidding is approved by the City Administrator or his designee.
(4) 
The purchase without competitive bidding is reported to the Board of City Commissioners.
(l) 
Prepare and maintain personnel policy with final approval by Board of City Commissioners.
[Added 2-28-2023 by Ord. No. 1144]
The Board of City Commissioners may, by majority vote, enter into a written contract with a lobbyist or lobbyist firm to further the interests of the City of Williston.