Chapter V.
THE ADMINISTRATIVE SERVICE

Section 5.1. The Council to Provide for the City Administration. The council shall provide in the Code for the organization of the administrative offices and departments of the city and shall prescribe their duties and functions.

Section 5.2. Emergency Administration. In order to assure continuity of city services and administration in periods of emergency resulting from war or disaster, the council shall provide in the Code for the prompt and temporary succession to the powers and duties of administrative officers and departments when such officers and departments are unable to carry on their respective powers and duties.

Section 5.3. Administrative Officers and Employees—Appointment, Terms and Compensation. (a) The city manager, the city clerk and the city attorney shall be appointed by the council. They shall hold office for indefinite terms at the pleasure of the council.

(b)    All other administrative officers, except members of city boards and commissions, shall be appointed by the city manager.

(c)    Members of city boards shall serve for the terms provided by law.

(d)    The council shall provide in the Code for the employment of city personnel on the basis of merit and fitness.

(e)    There shall be no discrimination on the grounds of race, color, age, sex, religion or national origin, or because of the person’s physical or mental disability, marital status, changes in marital status, pregnancy or parenthood in the selection, discharge and fixing the terms and conditions of employment of city personnel. (10-5-95; Reso. No. 6929, § 2; 5-2-89)

Section 5.3a. City Manager. (a) The city manager shall be chosen solely on the basis of his demonstrated administrative qualifications, with particular emphasis on his training and experience as a professional municipal administrator. He shall be a resident of the city during his tenure in office.

(b)    He shall be the chief administrative officer of the council and shall perform the duties of his office under the authority of and shall be accountable to the council. His duties shall be prescribed in the Code by the council and may include duties in addition to those set forth in this Charter.

(c)    He shall supervise and coordinate the work of the administrative officers and departments of the city, except those of the city attorney and the office of the city clerk, and shall act as coordinator between these officers and the other administrative officers.

(d)    He shall prepare and recommend to the council the annual budget proposals of the city.

(e)    He shall enforce the Code and other acts of the council and administer all city contracts.

(f)    He shall employ or be responsible for the employment of all city employees except as where set forth herein and shall supervise and coordinate the personnel policies and practices of the city.

(g)    The offices of city manager and city clerk may be held by a single person should council so elect.

(h)    Except for the purposes of inquiry, the council and its members and mayor, or other official of the city, shall deal with the administrative service solely through the city manager, and neither the council nor any member thereof, nor the mayor, nor other city official, shall give orders to any subordinate of the city manager, either publicly or privately. Neither the city council nor any of its members nor the mayor shall dictate the appointment of any person to office or employment by the city manager, except as permitted by state law, or in any manner interfere with the city manager or prevent him from exercising his own judgment in the appointment of officers and employees in the administrative service. (Reso. No. 04-53, § 1; Reso. No. 6929, § 2.)

Section 5.4. City Clerk. (a) The city clerk, or his authorized representative shall be clerk of the council. He shall attend all meetings of the council and shall keep a record of its proceedings.

(b)    He shall record and certify all actions of the council.

(c)    He shall have power to administer all oaths required by law.

(d)    He shall be custodian of the city seal and the official records of the city.

(e)    He shall give to the proper officials ample notice of the expiration or termination of any term of office and when necessary, the conditions or requirements of all bonds, franchises, contracts or agreements.

(f)    He shall be the registrar of the city and shall be responsible for the calling and supervision of all city elections, unless otherwise provided by law.

(g)    He shall perform such other duties in connection with his office as may be required of him by law or by the council.

(h)    He shall hire, as necessary, a deputy city clerk, whose selection shall be ratified by the city council. (Reso. No. 04-53, § 1.)

Section 5.5. City Attorney. (a) The city attorney shall act as the legal advisor of and be responsible to the council. He shall advise the city clerk concerning legal problems affecting the city administration.

(b)    He shall perform such other duties as may be prescribed by the council.

Section 5.6. City Fiscal Agent. The council shall provide in the Code for the collection, receipt and custody of taxes, moneys and things of value belonging to the city and for an administrative officer who shall be responsible therefor.

Section 5.7. Employee Benefit Plans. Any benefit plans provided for officers and employees by the council shall be actuarally sound. Membership in any retirement system which may be adopted by the city shall constitute a contractual relationship. Accrued benefits of any retirement system shall not be diminished or impaired.