The position of the city manager is created and established. The city manager shall be appointed by the city council wholly on the basis of his or her administrative and executive ability and qualifications, and shall hold office for and during the pleasure of the city council as provided in this chapter. Whenever a reference is made to "city manager" in this code, or in any other city ordinance, resolution or action, that reference shall be deemed to mean "city manager."
(Ord. 86-3 §2, 1986; Ord. 2011-13 §1)
A. 
Appointment and Removal by Council.
1. 
The city council shall appoint the city manager for any period of time negotiated between the two parties, and remove him or her by a three-member vote. After the expiration of the six-month probationary period of employment, such removal shall be accomplished in the following manner: at least thirty days before such removal becomes effective, the city council shall, by a three-member vote of its members, adopt a preliminary resolution stating the reason for his or her removal. By the preliminary resolution the council may suspend the city manager from duty, but shall in any case cause to be paid him or her forthwith any unpaid balance of his or her salary and accruals through the thirty-day period, and any severance compensation if agreed upon in the employment agreement. The city council, in removing the city manager, shall use its controlled discretion, and its action shall be final.
2. 
The city manager may resign from his or her position by giving at least thirty days' written notice of the effective date of his or her resignation; provided, further, that the city council may waive all or part of said thirty days' notice period.
B. 
Limitation on Removal. Notwithstanding the provisions of subsection A of this section, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety days next succeeding any general or special municipal election held in the city, at which election a member of the city council is elected or when a new member of the city council is appointed or elected. The purpose of this provision is to allow any newly-elected or appointed member of the city council or reorganized city council to observe the actions and ability of the city manager in the performance of the powers and duties of his or her office. After the expiration of said ninety-day period, the provisions of subsection A of this section as to removal of the city manager shall apply and be effective.
(Ord. 86-3 §2, 1986; Ord. 2011-13 §1)
No member of the city council shall be eligible for appointment as city manager until two years have elapsed after such councilmember has ceased to be a member of the city council.
(Ord. 86-3 §2, 1986; Ord. 2011-13 §1)
The city manager shall appoint, subject to the approval of the city council, one of the department heads of the city to serve as acting city manager during any temporary absence or disability of the city manager.
(Ord. 86-3 §2, 1986; Ord. 2011-13 §1)
The city manager shall furnish a corporate surety bond to be approved by the city council, in such sum as may be determined by the city council, and conditioned upon the faithful performance of the duties imposed upon the city manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the city.
(Ord. 86-3 §2, 1986; Ord. 2011-13 §1)
The city manager shall receive such compensation as the city council shall from time to time determine.
(Ord. 86-3 §2, 1986; Ord. 2011-13 §1)
The city manager shall be the administrative head of the government of the city under the direction and control of the city council, except as otherwise provided in this chapter. He or she shall be responsible for the efficient administration of all the affairs of the city which are under his or her control. In addition to his or her general powers as administrative head, and not as a limitation thereon, it shall be his or her duty and he or she shall have the powers set forth in the following subsections:
A. 
Law Enforcement. It shall be the duty of the city manager to enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed.
B. 
Authority Over Employees. It shall be the duty of the city manager, and he or she shall have the authority, to control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his or her jurisdiction.
C. 
Power of Appointment and Removal. Subject to the employee merit system rules and regulations of the city, it shall be the duty of the city manager to appoint, remove, promote and demote any and all officers and employees of the city, except the city attorney, and all elected officials. The city manager will inform the city council about any plans related to the appointment, removal, promotion or demotion of any and all officers and employees of the city.
D. 
Administrative Reorganization of Officers. It shall be the duty and responsibility of the city manager to conduct studies and to recommend to the city council such administrative reorganization of offices, positions or units of the city as may be indicated in the interest of efficient, effective and economical conduct of the city's business.
E. 
Ordinances. It shall be the duty of the city manager and he or she shall recommend to the city council for adoption such measures, resolutions and ordinances as he or she deems necessary.
F. 
Attendance at Council Meetings. It shall be the duty of the city manager to attend all meetings of the city council unless he or she is excused therefrom by the mayor individually or the city council.
G. 
Financial Reports. It shall be the duty of the city manager to keep the city council at all times fully advised as to the financial condition and needs of the city and to present a monthly report to the city council on the finances and administrative activities of the city.
H. 
Budget. It shall be the duty of the city manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval.
I. 
Expenditure Control and Purchasing. It shall be the duty of the city manager to see that no expenditures shall be submitted or recommended to the city council except on approval of the city manager or authorized representative. The city manager or his or her authorized representative shall be responsible for the purchase of all supplies for all the departments or divisions of the city; further, it shall be the duty of the city manager to establish a centralized purchasing system for all city offices, departments and agencies.
J. 
Investigations and Complaints. It shall be the duty of the city manager to make investigations into the affairs of the city and any department or division thereof, and any contract or the proper performance of any obligations of the city; further, it shall be the duty of the city manager to investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by public utilities in the city.
K. 
Public Buildings. It shall be the duty of the city manager and he or she shall exercise general supervision over all public buildings, public parks and all other public property which is under the control and jurisdiction of the city council.
L. 
Additional Duties. It shall be the duty of the city manager to perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other official action of the city council.
(Ord. 86-3 §2, 1986; Ord. 2011-13 §1)
The city council and its members shall deal with the administrative services of the city only through the city manager, except for the purpose of inquiry, and neither the city council nor any member thereof shall give orders or instructions to any subordinates of the city manager. The city manager shall take his or her orders and instructions from the city council only when sitting in a duly convened meeting of the city council, and no individual councilperson shall give any orders or instructions to the city manager.
(Ord. 86-3 §2, 1986; Ord. 2011-13 §1)
Nothing in this chapter shall be construed as a limitation on the power or authority of the city council to enter into any supplemental agreement with the city manager delineating additional terms and conditions of employment not inconsistent with any provisions of this chapter.
(Ord. 86-3 §2, 1986; Ord. 2011-13 §1)