Chapter 2.10 OFFICERS AND EMPLOYEES

Any officer or employee of the city collecting or receiving any money belonging to or for the use of the city shall deposit it immediately in the treasury for the benefit of the funds to which it belongs. He shall report such deposits to and settle with the Director of Finance daily.

(G.C. § 36522; Code 1965, § 2205; Code 2002, § 2-81. Ord. No. 687)

Article II. Compensation

2.10.020 City Treasurer.

The compensation to be paid the City Treasurer shall be set by resolution of the City Council.

(Code 1965, § 2201; Code 2002, § 2-101. Ord. No. 3; Ord. No. 687; Ord. No. 810; Ord. No. 910; Ord. No. 09-1)

2.10.030 Councilmembers.

Each City Councilmember shall receive compensation of $1,900 per month for services to the city as a Councilmember.

(Code 1965, § 2202; Code 2002, § 2-102. Ord. No. 256; Ord. No. 717; Ord. No. 733; Ord. No. 982; Ord. No. 1012; Ord. No. 1212; Ord. No. 84-20; Ord. No. 85-43; Ord. No. 06-13; Ord. No. 09-1; Ord. No. 18-4, § 1; Ord. No. 22-2, § 1; Ord. No. 23-5, § 1)

2.10.040 Appointive officers.

The compensation of all appointive officers shall be fixed by the City Council and may be changed by it from time to time.

(Code 1965, § 2203; Code 2002, § 2-103. Ord. No. 687; Ord. No. 09-1)

2.10.050 Manner of payment.

The compensation herein provided to be paid to city officers shall be due and payable to them in installments bi-weekly on alternate Fridays, or at such other times as the Council shall provide by resolution duly adopted.

(Code 1965, § 2204; Code 2002, § 2-104. Ord. No. 09-1)

Article III. Bonds

2.10.060 City Clerk.

The City Clerk, before entering upon the duties of that office, shall execute a bond to the city in the penal sum of $1,000.00, conditioned for the faithful performance of the duties of that office and for the faithful performance of such other duties as are now or may hereafter be made upon the incumbent thereof.

(Code 1965, § 2300; Code 2002, § 2-121. Ord. No. 687)

2.10.070 Treasurer.

The City Treasurer, before entering upon the duties of that office, shall execute to the city a bond in the penal sum of $15,000.00, conditioned for the faithful performance of the duties thereof, and shall post such additional bond or bonds as may be required in connection with additional prescribed duties.

(Code 1965, § 2301; Code 2002, § 2-122. Ord. No. 68; Ord. No. 687)

2.10.080 City Manager.

The City Manager, before entering upon the duties of that office, shall execute to the city a good and sufficient bond in the penal sum of $5,000.00, which shall be conditioned for the faithful performance of the duties of such office. Said bond shall be filed with the Clerk.

(Code 1965, § 2302; Code 2002, § 2-123. Ord. No. 90; Ord. No. 227; Ord. No. 687)

2.10.090 Chief of Police.

The Chief of Police, before entering upon his duties, shall execute to the city a bond in the penal sum of $5,000.00, conditioned for the faithful performance of the duties of that office and for the faithful performance of the duties of such other offices of which he is now or may hereafter be made ex-officio incumbent.

(Code 1965, § 2303; Code 2002, § 2-124. Ord. No. 68; Ord. No. 687)

2.10.100 Bonds to be filed with Clerk.

All the bonds provided for in this division shall be approved by the City Council and shall be filed with the City Clerk, except the bond of the Clerk, which shall be filed with the Finance Director. The bonds required by this division shall each have two or more sufficient sureties, who shall qualify thereon according to law.

(Code 1965, § 2304; Code 2002, § 2-125. Ord. No. 2; Ord. No. 687)

2.10.110 Council may provide for additional bonds.

The Council may provide for such additional bond or bonds in such amounts and covering such employees as the Council may from time to time deem necessary.

(Code 1965, § 2305; Code 2002, § 2-126. Ord. No. 687)

Article IV. City Manager

2.10.120 Appointment; qualifications; removal.

(a) A City Manager shall be appointed by the City Council solely on the basis of an objective evaluation of his administrative qualifications; he need not be a resident of the city at the time of his appointment, and he shall hold office at the pleasure of the City Council. No person elected or appointed to membership on the City Council shall, subsequent to such election or appointment, be eligible for appointment as City Manager until one year has elapsed following the expiration of the last term for which he was elected or appointed.

(b) In the event of an intended removal from office by the City Council, the City Manager shall be furnished with a written notice stating the Council’s intention to remove him and the reasons therefor at least 30 days prior to the effective date of his removal. Within seven days after the delivery to him of such notice, the City Manager, by written notification to the City Clerk, may request a public hearing before the Council. The Council shall then determine the time and date for such a hearing,

which shall occur before the 30-day period and at which time the City Manager shall appear and be heard. Subsequent to furnishing the City Manager with notice of intent, the Council may suspend him from duty without loss of salary until such time as his removal has been accomplished by resolution subsequent to the public hearing. The Council, in removing the Manager, shall exercise its uncontrolled discretion; its action shall be final and shall not be predicated upon any particular showing or degree of proof at the public hearing, the sole purpose of which is to allow the City Manager to present publicly his basis of opposition to his removal.

(c) If required by the City Council, the City Manager shall furnish a surety bond in such sum as the Council may determine.

(Code 1965, § 2206; Code 2002, § 2-141. Ord. No. 227; Ord. No. 687)

2.10.130 General authority.

Except for the purpose of inquiry, the City Council and its members shall deal with the administrative service solely through the City Manager, and neither the City Council nor any member thereof shall give orders to any of the subordinates of the City Manager.

(Code 1965, § 2207; Code 2002, § 2-142. Ord. No. 227)

2.10.140 Duties.

The City Manager shall be the administrative head of the city government under the direction and control of the Council, except as otherwise provided for by ordinance. He shall be responsible to the City Council for the efficient administration of the affairs of the city which are under his control. In addition to the City Manager’s general powers as administrative head, and not as a limitation thereon, he shall have the following duties:

(1) To see that all laws and ordinances are duly enforced;

(2) To employ, discipline, or remove all heads of departments and all subordinate officers and employees of the city, to transfer employees from one department to another, and to consolidate or combine offices, designate departments and department head titles, and positions under his jurisdiction, with the approval of the City Council in each instance; however, nothing herein contained shall apply to the City Treasurer or the City Attorney; provided further the authority given the City Manager under the terms of this paragraph shall be subject to any civil service or personnel system now or hereafter established by ordinance;

(3) To exercise control over all departments and divisions of the city government and over all appointive officers and employees thereof subject to the approval of the City Council;

(4) To attend all meetings of the Council, except when his removal is under consideration, unless excused therefrom by the Council;

(5) To recommend to the Council such measures and ordinances as he deems necessary or proper;

(6) To serve as Purchasing Officer of the city and have the responsibility as such to make all purchases. The City Manager may delegate the duties of Purchasing Officer to other city employees;

(7) To serve as Personnel Director under the personnel merit system in the absence of the Personnel Director or, if both the City Manager and Personnel Director are absent, the City Manager may delegate the functions of the Director to a city employee;

(8) To approve all warrants drawn upon the city treasury before they are presented to the City Council;

(9) To serve as Director of Civil Defense;

(10) To consolidate departmental budget requests and prepare budgets for Council review and adoption; to be responsible for administration of the government of the city;

(11) To investigate all complaints in relation to all matters concerning the administration of the government of the city;

(12) To investigate all complaints made to the city with regard to services maintained by public utilities in the city, to ensure that the provisions of franchises, permits, privileges, and contracts granted by the city are faithfully observed;

(13) To perform such other duties as may from time to time be delegated to him by the Council;

(14) To prepare and recommend to the City Council a salary plan for appointive department heads;

(15) To prepare and submit to the City Council an organization chart showing the organizational plan for all departments of the city government;

(16) To devote his entire time to the duties and interests of the city.

(Code 1965, § 2208; Code 2002, § 2-143. Ord. No. 227; Ord. No. 17; Ord. No. 09-1; Ord. No. 687; Ord. No. 1001; Ord. No. 763; Ord. No. 813)

Article V. City Engineer

2.10.150 City Engineer to act as Superintendent of Streets.

In addition to his other functions, the City Engineer is hereby authorized to act as Superintendent of Streets for the city.

(Code 1965, § 2209; Code 2002, § 2-161. Ord. No. 820)

2.10.160 Delegation of duties.

In the absence of the City Engineer, the Public Works Director is hereby authorized to act in the City Engineer’s place and stead. If both the City Engineer and Public Works Director are absent, then the City Manager may temporarily delegate the duties of the City Engineer and/or Public Works Director to a qualified employee of the city during such absence.

(Code 1965, § 2210; Code 2002, § 2-162. Ord. No. 820)

Article VI. City Clerk

2.10.170 Appointment of City Clerk.

(a) As of November 4, 2008, the City Clerk shall no longer be an elective official of the City of Concord. Rather, from and after November 2, 2010, or upon an earlier vacancy in the office of the City Clerk, the City Clerk shall be appointed solely on the basis of an objective evaluation of his/her administrative qualifications.

(b) The City Clerk need not be a resident of the city at the time of his/her appointment.

(c) Though the City Clerk shall hold office at the pleasure of the City Council, the City Council has delegated the authority to appoint the City Clerk to the City Manager.

(Code 2002, § 2-180. Ord. No. 09-1)