Chapter V.
ADMINISTRATIVE DEPARTMENTS, OFFICES, AND EMPLOYEES

Section 1.  City Clerk

The Council shall establish a City Clerk’s office. Upon the recommendation of the City Manager, the Council shall appoint a City Clerk whose duties and responsibilities shall be established by state law, ordinance, or by direction of the City Manager. The City Clerk is evaluated and supervised by the City Manager but serves at the pleasure of Council.

Section 2.  City Finance Director.

The City Manager shall appoint an officer of the City who shall be responsible to the City Manager and who shall oversee the receipt and custody of all the money of the City and shall keep and save said money and ensure that the same is dispersed, by the signature of the Mayor or the City Manager, only as provided by state law, or as provided by the approved budget, affirmative vote of the Council, ordinance, or resolution. This officer shall always be bound by state law, this Charter, and all City ordinances and resolutions.

Section 3.  City Attorney

The Council shall appoint a City Attorney, who shall be an attorney at law, duly licensed to practice in the State of Arizona, who shall be the chief legal advisor of the City and all officers, departments, and employees in matters relating to their official powers and duties. The Council shall enter into a written contract with the City Attorney or their firm. The City Attorney shall work in cooperation with the City Manager and shall represent the City in all legal proceedings; provided, however, that the Council may employ other counsel as may be deemed by them to be necessary or appropriate. It shall be the duty of the City Attorney to perform all services incidental to his position as may be required by state law, by this Charter or by ordinance.

A.    The City Attorney shall act as the City Prosecutor unless the Council appoints and hires a separate individual or firm to perform the duties of the City Prosecutor.

B.    The City Attorney serves at the pleasure of the Council. The removal of the City Attorney shall be by an affirmative vote of not less than five Councilmembers.

C.    The Council has control of all litigation of the City and may employ attorneys, in addition to the City Attorney, to take charge of any litigation or to assist the City Attorney therein. The Council shall provide for compensation for such additional legal services rendered on behalf of the City.

Section 4.  Creation of Departments

The Council, by ordinances not inconsistent with this Charter, shall provide for the organization, conduct, and operation of the several offices and departments of the City as established by this Charter, for the creation of additional departments, divisions, offices, and agencies for their consolidation, alteration, or abolition.

Section 5.  Merit System to be Established

A.    The Council shall, by ordinance, provide for the establishment of a merit system through the adoption of personnel policies for the purpose of regulating and controlling the appointments of officers and employees of the City. Such ordinance shall define those employees that shall be covered by the merit system and those which shall be excluded and serve on an “at-will” employment status with the City. Elected officials, City Manager, City Clerk, City Attorney, and Magistrate Judge shall not be included in the merit system.

B.    No officer or employee of the City shall directly or indirectly solicit or receive or be in any manner concerned in soliciting or receiving any assessment, subscription, or contribution on behalf of any candidate for a City elective office from any person holding a position with the City.

C.    No person holding a position with the City, except elected officials, shall take any part in political management, affairs, or campaigns in any election for a City elective office other than to vote and privately express opinions.