The city council may provide, by ordinance not inconsistent
with this Charter, for the organization, conduct and operation of
the several offices and departments of the city as established by
this Charter, for the creation of additional departments, divisions,
offices and agencies and for their consolidation, alteration or abolition.
Each new department created by the city council shall be headed by
an officer as department head who shall be appointed and may be suspended
or removed by the city manager.
All department heads, the city clerk, and the director of finance
and treasurer shall be at-will employees, all of whom shall be appointed
to serve at the pleasure of the city manager, and shall have no procedural
hearing rights on termination, but shall be entitled to all vested
compensation and benefits at the time of termination, provided, however,
that nothing in this Charter shall change the status or rights of
any existing officer or employee.
The city council, by ordinance or resolution, may assign additional
functions or duties to offices, departments or agencies not inconsistent
with this Charter. Where the positions are not incompatible, the city
council may combine in one person the powers and duties of two or
more offices created or authorized by this Charter. No office provided
in this Charter to be filled by appointment by the city manager may
be consolidated with an office to be filled by direct appointment
by the city council. The city council shall provide for the number,
titles, qualifications, powers, duties and compensation of all officers
and employees.
There shall be a city clerk who shall be appointed by the city
manager, and the city manager shall have the authority to discipline
or dismiss the city clerk. The city clerk shall have power and shall
be required to:
(a) Attend in person or through authorized representative, all meetings
of the city council and be responsible for the recording and maintaining
of a full and true record of all of the proceedings of the city council
in books that shall bear appropriate titles and be devoted to such
purpose.
(b) Maintain records, in which shall be recorded respectively all ordinances,
with the certificate of the clerk annexed to each thereof stating
the same to be the original or a correct copy, and as to an ordinance
requiring publication, stating that the same has been published or
posted in accordance with this charter; and keep all books properly
indexed and open to public inspection when not in actual use.
(c) Have the responsibility for records management of official actions
of the city council, including contracts, bonds, deeds, and other
recorded instruments.
(d) Be the custodian of the seal of the City.
(e) Administer oaths or affirmations, take affidavits and depositions
pertaining to the affairs and business of the City and certify copies
of official records.
(f) Be ex-officio assessor, unless the city council has availed itself,
or does in the future avail itself, of the provisions of the general
laws of the State relative to the assessment of property and the collection
of city taxes by county officers, or unless the city council by ordinance
provides otherwise.
(g) Serve as the election official of the City and have charge of all
City elections.
(h) Serve as the City's agent for service of process.
(i) Perform such other duties consistent with this Charter as may be
required by ordinance or resolution of the city council.
There shall be a director of finance and treasurer who shall
be appointed by the city manager, and whose appointment, suspension
or removal by the city manager shall be subject to the approval of
the city council. The director of finance and treasurer shall be qualified
by sufficient technical accounting training, skill, and experience
to be proficient in the discharge of the responsibilities of the office.
The director of finance and treasurer shall have power and shall be
required to:
(a) Serve as the chief fiscal officer of the City.
(b) Have charge of the administration of the financial affairs of the
City under the direction of the city manager, and to assist and advise
the city council and city manager in all matters pertaining to City
finances.
(c) Compile annual expense and income estimates for the city manager.
(d) Maintain a general accounting system for the City government and
each of its offices, departments and agencies, and perform all financial
and accounting duties.
(e) Supervise and be responsible for the disbursement of all moneys and
have control of all expenditures to insure that budget appropriations
are not exceeded; audit all purchase orders before issuance; audit
and approve before payment, all bills, invoices, payrolls, demands
or charges against the City government and, with the advice of the
city attorney, when necessary, determine the regularity, legality
and correctness of such claims, demands or charges.
(f) Submit to the city council through the city manager a periodic statement
of all receipts and disbursements in sufficient detail to show the
exact financial condition of the City; and, as of the end of each
fiscal year, submit a complete financial statement and report.
(g) Supervise the keeping of current inventories of all property of the
City by all City departments, offices and agencies.
(h) Receive all taxes, assessments, license fees and other revenues of
the City, or for whose collection the City is responsible, and receive
all taxes or other money receivable by the City from the county, state
or federal government, or from any court, or from any office, department
or agency of the City.
(i) Have custody of all public funds belonging to or under control of
the City or any office, department or agency of the City government
and deposit all funds coming into his or her hands in such depository
as may be designated by resolution of the city council, or, if no
such resolution be adopted, then in such depository designated in
writing by the city manager, and in compliance with all of the provisions
of the State Constitution and laws of the State governing the handling,
depositing and securing of public funds.
(j) Perform such other duties consistent with this Charter as may be
required by the city council.
Each department head and his or her deputies shall have the
power to administer oaths and affirmations in connection with any
official business pertaining to his or her department.
Each department head and appointive officer shall have the power
to appoint, suspend or remove such deputies, assistants, subordinates
and employees as are provided for by the city council for his or her
department or office, subject to the provisions of this Charter and
of any personnel system adopted hereunder. Any such appointment or
removal by a department head appointed by the city manager shall be
subject to approval of the city manager.
The city council shall fix by ordinance or resolution the amounts
and terms of the official bonds of all officials or employees who
are required by ordinance to give such bonds. All bonds shall be executed
by responsible corporate surety, shall be approved as to form by the
city attorney, and shall be filed with the city clerk. Premiums on
official bonds shall be paid by the City.
There shall be no personal liability upon, or any right to recover
against, a superior officer, or his bond, for any wrongful act or
omission of his subordinate, unless such superior officer was a party
to, or conspired in, such wrongful act or omission.
The city council shall determine, by ordinance, resolution,
or contract the amount of compensation to be paid to all City officers,
department heads, and employees.
Upon request by any employee or former employee of the City
named in any claim or action against him or her for an injury arising
out of an act or omission occurring within the scope of his or her
employment as an employee of the City, made in writing not less than
ten (10) days before the trial of the action, and so long as the employee
or former employee cooperates reasonably and in good faith in the
defense of the claim or action, the City shall pay any judgment based
thereon or any compromise or settlement of the claim or action to
which the City has agreed. Where the City conducts the defense of
the claim or action pursuant to an agreement with the employee or
former employee, reserving the City's rights not to pay the judgment,
compromise, or settlement until it is established the injury arose
out of act or omission occurring within the scope of his or her employment
as a City employee, the City shall be required to pay the judgment,
compromise, or settlement only if it is established the injury arose
out of an act or omission occurring within the scope of his or her
employment as a City employee. The City may indemnify any employee
or former employee for any part of a claim or judgment that is for
punitive or exemplary damages only upon a vote to do so by a majority
of the membership of the city council.