The City Council shall appoint a City Manager who shall hold
office during and at the pleasure of the Council and receive compensation
fixed by the Council. Prior to appointment, the person shall be qualified
by at least one year's special training in public administration and
finance, and by at least three years' experience in a responsible
executive position in governmental administration, or by any equivalent
training or combination of experience and training sufficient to indicate
capacity for effective governmental administration. The person need
not be a resident of the City or state at the time of the appointment
but must reside within the City while in office.
[Amended 11-13-2017 by L.L. No. 1-2018]
A. The
City Manager shall be the chief executive officer and chief administrative
officer of the City and shall:
(1) Be responsible to the City Council for the administration of all
City affairs placed with the City Manager by or under this Charter,
by action of the City Council or otherwise by law.
(2) After an affirmative vote of a majority of the City Council, appoint
and, when necessary for the good of the City, suspend or remove any
City department head, except the City Attorney, provided for by or
under this Charter, except as otherwise provided by law, by this Charter
or by personnel rules adopted pursuant to this Charter. The City Manager
may authorize without Council approval any administrative officer
who is subject to the City Manager's direction and supervision to
exercise these powers with respect to subordinates in that officer's
department, office or agency.
[Amended 8-24-2020 by L.L. No. 2-2020]
(3) Direct and supervise the administration of all departments, offices
and agencies of the City, except as otherwise provided by this Charter
or by law.
(4) Attend all City Council meetings and shall have the right to take
part in discussion but may not vote.
(5) See that all laws, provisions of this Charter, resolutions, ordinances,
local laws and acts of the City Council, subject to enforcement by
the City Manager or by officers subject to the City Manager's direction
and supervision, are faithfully executed.
(6) As provided in §
C-59 of this Charter, on or before the first day of November of each year, prepare and submit to the City Council an itemized statement in writing of the estimated revenues and expenditures of the City for the next ensuing fiscal year, which statement shall be known as the "proposed preliminary budget."
(7) Submit to the City Council and make available to the public by April
1 of each year a complete report on the finances and administrative
activities of the City as of the end of each fiscal year.
(8) Make other reports as the City Council may require concerning the
operations of City departments, offices and agencies subject to the
City Manager's direction and supervision.
(9) Keep the City Council fully advised as to the financial condition
and future needs of the City and make such recommendations to the
City Council concerning the affairs of the City as deemed desirable.
(10) Recommend to the City Council such measures as deemed necessary or
expedient.
(11) Subject to approval by the City Council by resolution, negotiate
and grant leases, concessions, licenses and permits for use of all
City lands, structures, facilities and appurtenances.
(12) Perform such other duties as are specified in this Charter or may
be required by the City Council.
B. In
the absence of the appointment of a department head, the City Manager
shall serve as such department head.
The Council may remove the City Manager from office in accordance
with the following procedures:
A. The
City Council shall adopt by affirmative vote of a majority of all
its members a preliminary resolution which must state the reasons
for removal and may suspend the City Manager from duty for a period
not to exceed 45 days. A copy of the resolution shall be delivered
promptly to the City Manager.
B. Within
five days after a copy of the resolution is delivered to the City
Manager, he or she may file a written request for a public hearing
with the City Council. This hearing shall be held at a City Council
meeting not earlier than 15 days nor later than 30 days after the
request is filed. The City Manager may file with the City Council
a written reply not later than five days before the hearing.
C. The
City Council may adopt a final resolution of removal, which may be
made effective immediately, by affirmative vote of a majority of all
its members at any time after five days from the date when a copy
of the preliminary resolution was delivered to the City Manager, if
he/she has not requested a public hearing, or at any time after the
public hearing if he/she has requested one.
D. The
City Manager shall continue to receive compensation until the effective
date of a final resolution of removal. The action of the City Council
in suspending or removing the City Manager shall not be subject to
review by any court or agency.