Chapter 2.09
CITY ADMINISTRATOR

Sections:

2.09.010    Position created.

2.09.020    Scope of authority.

2.09.030    Powers and duties.

2.09.040    Residency requirement.

2.09.050    Qualifications.

2.09.060    General policy and procedure.

2.09.070    Discipline or termination.

2.09.010 Position created.

There is created the office of city administrator, which shall be filled by appointment of the mayor, subject to the confirmation of the city council. The term of office of the administrator shall be three years. The appointee’s term of office shall be for three years ending on December 31st of the year closest to three years following appointment or, if combined with any other currently held office, appointed for a fixed term, then conterminous with the already existing term. Each successive term shall begin on the first day of January following the expiration of the preceding term and ending December 31st three years later. Unless terminated by one of the parties by the last business day of November just prior to the end of term, such term shall automatically renew for an additional three years. (Ord. 664 § 1, 2017: Ord. 570 § 1 (part), 2008)

2.09.020 Scope of authority.

Under the direction and authority of the mayor, the city administrator shall supervise, administer, and coordinate the activities and functions of all city officers, departments, commissions and boards to implement city ordinances and policies through the effective use of city employees, funds, materials, facilities and time, and shall direct and control the overall operations of the city to assure optimum services to the community. (Ord. 570 § 1 (part), 2008)

2.09.030 Powers and duties.

Under the direction and authority of the mayor, the city administrator shall have the following powers and duties:

A.    Plan and direct all administrative activities of the city, develop and implement internal policies and procedures, evaluate city employees, and take necessary actions to improve operations;

B.    Provide information and advice to the mayor, city council, other public officials and the public on the city’s operations;

C.    Act as the city’s representative in such areas as labor relations, intergovernmental relations, conferences, conventions, and seminars related to public management;

D.    Delegate responsibility as necessary to accomplish the desired objectives;

E.    Attend meetings of the city council, and other boards and commissions as necessary to coordinate and satisfy the administrative needs of the city;

F.    Act to resolve operational conflicts, decide and implement alternate courses of action, formulate administrative policies, and otherwise make decisions in the best interest of the city’s operation; and

G.    Coordinate and supervise the preparation of the preliminary budget for submittal to the mayor, and administer the budget after its adoption. (Ord. 570 § 1 (part), 2008)

2.09.040 Residency requirement.

The city administrator need not be a resident of the city. (Ord. 570 § 1 (part), 2008)

2.09.050 Qualifications.

The city administrator shall have experience and education suitable to manage the city. The city may from time to time establish job descriptions and qualifications consistent with this chapter. (Ord. 570 § 1 (part), 2008)

2.09.060 General policy and procedure.

The policy and procedure as adopted by the council or mayor currently or in the future shall apply to the office of administrator as it applies to all department heads and other employees, including all rules, conditions, rights, duties and benefits provided therein, unless inconsistent with any provision of this chapter or otherwise approved; provided, however, the administrator shall not be subject to discipline or termination at will or without cause, or without at least ten (10) days’ advance notice, except in exceptional cases requiring immediate removal from office, as determined by the mayor. In such cases the administrator shall be placed on administrative leave with pay pending a hearing as provided for in this chapter. The rights of the administrator in this regard shall include the right to a hearing, except in cases involving the conviction of a crime involving moral turpitude. (Ord. 664 § 3 (part), 2017)

2.09.070 Discipline or termination.

Causes for discipline and/or termination are as listed in the policy and procedure manual for employees.

A.    If the appointed city administrator (“appointee”) is to be disciplined or terminated, other than for conviction of a crime involving moral turpitude, the city will conduct a hearing if requested. The hearing serves as a check against mistaken decisions and to determine whether there is a reasonable cause for such discipline or termination.

B.    If the mayor decides to discipline or terminate the appointee, the latter shall be provided with a written notice of the alleged cause for such action, at least ten (10) days in advance. The notice shall include an explanation of the charges on which the decision is based, and the time and date for a hearing.

If the individual refuses to appear, or without an approved excuse fails to appear, the mayor’s decision shall be final. The mayor may grant a postponement of the hearing, in such cases, for a maximum of five days.

C.    The prediscipline or pretermination hearing will be presided over by a panel consisting of two council members. The mayor shall have a right to be present and participate, but shall not have a vote. At the hearing, the appointee may show cause why he or she should not be disciplined or terminated. The appointee may bring one person to the hearing as an observer, who shall not be allowed to participate in the hearing or interfere with its orderly process. If the accompanying person is a licensed attorney, he or she shall be allowed to sit with and counsel the appointee, but shall not be allowed to disrupt the process.

D.    Within two working days after the hearing, the panel will issue a decision on whether there are reasonable grounds to believe the charges against the appointee are true and support the discipline or termination. A longer review may be performed in complex situations, at the discretion of the panel, but for no longer than five additional days. If the panel unanimously finds the charges to be credible, the mayor’s decision shall be final. If the panel is divided on the question, the matter shall be referred to the mayor with a nonbinding recommendation for further investigation or other disciplinary action. (Ord. 664 § 3 (part), 2017)