Chapter 2.10
CITY MANAGER
Sections:
2.10.010 Office created.
2.10.020 Appointment.
2.10.030 Term and removal.
2.10.040 Powers and duties.
2.10.050 Governing body not to interfere.
2.10.060 Bond.
2.10.070 Compensation.
2.10.080 Vacancy.
2.10.090 Position of mayor not delegated.
2.10.100 Role of city council with respect to city manager.
2.10.110 Role of mayor with respect to city manager.
2.10.010 Office created.
The office of city manager is hereby created. [Code 2000 § 2-4-1].
2.10.020 Appointment.
The city manager shall be appointed by majority vote of the city council and shall serve at the pleasure of the city council. He or she shall be chosen by the council solely on the basis of his or her executive and administrative qualifications with special reference to actual experience in or knowledge of accepted practice in respect to the duties of the office hereinafter set forth. Upon approval by the city council, on behalf of the city, the mayor shall sign the contract entered into with the city manager. No mayor or council person shall receive such appointment during the term for which he or she shall have been elected nor within one year after the expiration of his or her term. [Code 2000 § 2-4-2].
2.10.030 Term and removal.
The city manager shall serve at the pleasure of the city council except that the city council may employ the manager for a term not to exceed three years. The term of employment may be renewed at any time and any person serving as city manager may be removed with or without cause by a majority vote of the city council. [Code 2000 § 2-4-3].
2.10.040 Powers and duties.
The city manager shall be, at all times, under the control and supervision of the mayor and city council. The powers, duties and obligations of the city manager shall be as follows:
A. The administrative powers, authority and duties are vested in the city manager.
B. The city manager shall be the chief administrative officer of the city to whom all employees of the city report. He/she shall be responsible to the city council for the administration of all city affairs placed in his/her charge.
C. The city manager shall faithfully execute and enforce all applicable laws, ordinances, rules and regulations and see that all franchises, leases, permits, contracts, licenses and privileges granted by the city are observed.
D. The city manager shall appoint, with the advice and consent of the city council, the police chief, fire chief, recorder, treasurer, city attorney and city engineer, whose employment or appointment may be terminated only by the city council. The city manager shall have authority to appoint and remove all other department heads with the advice and consent of the city council. The city manager shall have the authority to appoint and remove all other city employees. The city manager shall review the status and performance of any personnel being considered for discharge, transfer, or demotion from employment with the city, and make written recommendation concerning the appropriate action to be taken with respect thereto to the city council.
E. The city manager shall direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by law.
F. The city manager shall examine and inspect the books, records and official papers of any office, department, agency, board, or commission of the city and make investigations and require reports from all personnel.
G. The city manager shall prepare and submit the annual budget and capital improvements program to the city council and keep the city council and the mayor advised as to the financial condition and needs of the city.
H. The city manager shall act as purchasing agent for the city and shall see that all purchases by and for the city are performed in accordance with approved budget guidelines.
I. The city manager shall notify the mayor and city council of any emergency existing in any department under his/her supervision.
J. The city manager shall report to the city council through the mayor, as chairperson of the city council. The city manager shall attend all council meetings and shall have the right to take part in discussion, but may not vote.
K. The city manager shall appoint, with the approval of the city council, an acting city manager to serve in his/her absence or temporary incapacity, to exercise the powers and duties provided for in this chapter. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return, or his/her disability shall cease.
L. The city manager shall carry out the policies and programs established by the city council.
M. The city manager shall perform such other duties as may be required of him/her by the West Point City Code or by the city council through ordinance or resolution.
N. Before taking office, the city manager shall furnish a fidelity bond with a corporation licensed to do business in the state of Utah as surety in an amount to be determined by the city council, conditioned upon the faithful performance of his/her duties. Such bond shall be filed with the city recorder after being approved by the city council, and the premium for such bond shall be paid by the city. [Code 2000 § 2-4-4].
2.10.050 Governing body not to interfere.
Except for the purposes of inquiry, the mayor or council or any of its members shall deal with the administrative service solely through the city manager and neither the mayor or council or any member thereof shall give orders to any subordinates of the city manager, either publicly or privately. [Code 2000 § 2-4-5].
2.10.060 Bond.
The city manager shall furnish a surety bond to be approved by the governing body, said bond to be conditioned on the faithful performance of his or her duties. The premium of the bond shall be paid by the city. [Code 2000 § 2-4-6].
2.10.070 Compensation.
The city manager shall receive such compensation as the council shall fix from time to time by ordinance or resolution. [Code 2000 § 2-4-7].
2.10.080 Vacancy.
In the event of a vacancy in the position of city manager, said vacancy shall be filled by the council, subject to the qualifications hereinabove set forth. [Code 2000 § 2-4-8].
2.10.090 Position of mayor not delegated.
The legislative and judicial powers of the mayor, his position as chairman of the governing body and any ex officio position the mayor shall hold shall not be delegated to the manager. [Code 2000 § 2-4-9].
2.10.100 Role of city council with respect to city manager.
The city council shall pass all resolutions, ordinances, appropriate funds and adopt the annual budget, review municipal administration as set out herein and perform all duties that may be required of it by law. Any administrative power held previously by the city council is now delegated to the city manager pursuant to the applicable provisions of state law. This section shall have precedence over any other section contained in this chapter which is in conflict with the provisions of this section. [Code 2000 § 2-4-10].
2.10.110 Role of mayor with respect to city manager.
The mayor shall be the chief ceremonial officer of the city and shall represent the city in all its external relationships. The mayor shall have ultimate responsibility to keep the peace and enforce the laws of the city. The mayor shall preside at all meetings of the city council. All bonds, notes, contracts and written obligations of the city shall be executed on its behalf by the mayor, or in the event of the mayor’s inability to act, by the councilman that the city council shall designate to act as mayor pro tempore. The mayor shall retain any legislative and judicial powers vested by law. The mayor shall appoint, with the advice and consent of the city council, persons to fill municipal offices or vacancies on commissions or committees of the city. Any administrative power held previously by the mayor is now delegated to the city manager pursuant to the applicable provisions of state law and the West Point City Code. This section shall have precedence over any section in this chapter in conflict with the provisions of this section. [Code 2000 § 2-4-11].