CHAPTER V
POWERS AND DUTIES OF OFFICERS
Sections:
Section 25. MUNICIPAL COURT AND JUDGE.
Section 23. MAYOR.
The mayor shall appoint, with council approval:
(1) Members of committees established by council rules, and
(2) Other persons required by the council to be so appointed.
(3) The mayor, or in their absence or inability to act, the council president, shall sign all ordinances and resolutions; and all other official documents, including but not limited to contracts and deeds, unless the council has specifically authorized other city personnel to sign such official documents.
Section 24. CITY MANAGER.
(1) The city manager is the administrative head of the city government.
(2) A majority of the council shall appoint and may remove the manager. The appointment shall be without regard to political considerations and solely on the basis of administrative qualifications.
(3) Intentionally deleted (Ballot Measure 9-147, 2022)
(4) Intentionally deleted (Ballot Measure 9-147, 2022)
(5) The manager shall be appointed for a definite or indefinite term and may be removed by the council at its pleasure. Within twelve consecutive months after a vacancy occurs in the office, the council shall fill the vacancy by appointment.
(6) The manager shall:
(a) Attend all council meetings unless excused by the council or mayor,
(b) Keep the council advised of the affairs and needs of the city,
(c) See that the provisions of all ordinances are administered to the satisfaction of the council,
(d) See that all terms of franchises, leases, contracts, permits, and privileges granted by the city are fulfilled,
(e) Appoint, supervise, control, discipline and remove city personnel, except appointees of the mayor or council,
(f) Organize and reorganize the departmental structure of city government,
(g) Prepare and transmit to the council an annual city budget,
(h) Supervise operation of all city-owned public utilities and property, and
(i) Perform other duties as the council prescribes consistent with this charter.
(7) The manager may not control:
(a) The council
(b) The municipal judge in the judge’s judicial functions; or,
(c) Except as the council authorizes, appointive personnel of the city whom the manager does not appoint.
(8) The manager and other personnel whom the council designates may sit with the council but may not vote on questions before it. The manager may take part in all council discussions.
(9) When the manager is absent from the city or disabled from acting as manager, or when the office of manager becomes vacant, the council shall appoint a manager pro tem who has the powers and duties of manager, except that the manager pro tem may appoint or remove personnel only with approval of the council. No person may be manager pro tem more than twelve consecutive months.
(10) No council member may directly or indirectly, by suggestion or otherwise, threaten or coerce the manager or a candidate for the office of manager in the appointment, discipline, or removal of personnel or in decisions regarding city property or contracts. A violator of this prohibition may be removed from office by a court of competent jurisdiction. In council meetings, members of the council may discuss with, or suggest to, the manager anything pertinent to city affairs.
Section 25. MUNICIPAL COURT AND JUDGE.
(1) The council may create the office of municipal judge and fill it by appointment. The judge shall hold court within the city at a place and time specified by the judge.
(2) Except as this charter or city ordinance prescribes to the contrary, proceedings of the court shall conform to general laws of this state governing justices of the peace and justice courts.
(3) All areas within the city and to the extent provided by state law, area outside the city is within the territorial jurisdiction of the court.
(4) The municipal court has original jurisdiction over every offense that an ordinance of the city makes punishable or as otherwise punishable under state law.
(5) The municipal judge may render and enforce judgments, impose sanctions on persons and property with the court’s jurisdiction, issue process for the arrest of any person accused of an offense against the ordinances of the city, to commit any such person to jail or admit that person to bail pending trial, to issue subpoenas, to compel witnesses to appear and testify in court on the trial of any matter before the court, to compel obedience to such subpoenas, to issue and process documents necessary to carry into effect the judgments of the court, to punish witnesses and others for contempt of court, to perform all other judicial functions prescribed by ordinance. The council may authorize the municipal judge to appoint municipal judges pro tem for terms of office set by the judge or the council.
(6) Notwithstanding this section, the council may transfer some or all of the functions of the municipal court to an appropriate state, county, or justice court.
(7) The council shall establish, and may adjust, the compensation of the municipal judge.