CHAPTER VII
GENERAL ADMINISTRATIVE ORGANIZATION
Section 7.1 Departments Created.
a. The function of the City under the jurisdiction of the City Manager shall be performed by the following departments: Police, Public Works, Administrative and such other departments as may be established by amendment to this Charter or by the ordinances of the City.
b. Upon recommendation of the City Manager, Council, by ordinance, may consolidate or merge any of the said departments or establish new departments in order to achieve more efficient operation and administration and provide for the functions, powers and duties of the City departments as established, consolidated or merged.
Section 7.2 Operation of Departments.
a. All departments of the City, except as otherwise provided in this Charter, shall be under the supervision and control of the City Manager, and he shall have the right to divide such departments into separate divisions and to assign various functions and duties to the different department and divisions.
b. The City Manager shall be the administrative officer of the City and shall hold office for an indefinite term until terminated by majority vote of the entire Council in office at the time the vote is taken.
c. The salary shall be fixed by Council and in the event of termination, the Council shall provide termination or severance pay as follows: balance of salary and next month’s salary unless terminated for moral turpitude.
d. The City Manager shall be selected solely on the basis of his executive and administrative qualifications with special reference to his actual experience in and his knowledge of accepted practice in respect to the duties of his office as hereafter set forth. At the time of his appointment he need not be a resident of the City or State, but during tenure of office he shall reside within a radius of ten (10) miles of the City. The City Manager shall devote his entire time and business interests to the management of the City’s affairs, and shall not, during his term of office, be an employee of, or perform any executive duty for any person, firm, corporation or institution other than the Town of Glendale.
e. No member of the Council shall be appointed City Manager during the term of office for which he shall have been elected nor within one (1) year after the expiration of his term of office. (Ord. 2020-1 § 1)
Section 7.4 City Manager — Functions, Powers and Duties.
The City Manager shall be responsible to the Council for the proper administration of all affairs of the City placed in his charge and pursuant thereto he shall have the following functions, powers and duties:
a. To be responsible for the efficient administration of all administrative departments of the City government except the department under the direction of the City Attorney and the Municipal Court. As to these two departments the powers herein granted shall not be applicable unless otherwise specifically provided.
b. To be responsible for the enforcement of the ordinances, official directives, other laws of the City, and those general laws of the State applicable to Home Rule Cities.
c. Except as otherwise provided in this Charter, to appoint, suspend, transfer, and discharge the_ City Clerk, City Treasurer, Chief of Police, Director of Public Works, and the head of any other City department, including those departments which may be established pursuant to Section 7.1 subsection b.
(1) Any such discharge of City officers pursuant to the authority of this subsection shall, upon appeal of the discharged officer be reviewed by a Career Service Board established pursuant to Chapter IX, and in the absence of such a board, shall be reviewed by the City Council.
(2) Review of the discharge shall extend no further than to determine whether the actions of the City Manager constituted an abuse of his discretion.
(3) In the event the discharged employee is sustained in his appeal, he shall be reinstated without penalty.
d. To hire, suspend, transfer and discharge City employees except as otherwise provided in any Career Service system adopted pursuant to Chapter IX.
e. Subject to the provisions of Chapter IX, to hire and make appointments on the basis of executive and administrative ability as well as training and experience in the work to be performed.
f. To cause a proposed budget to be prepared annually and submitted to the Council and be responsible for the administration of the budget after its adoption, all in accordance with this Charter and under policies formulated by Council.
g. To prepare and submit to the Council as of the end of the fiscal year a complete report on finances and administrative activities of the City for the preceding year, and upon request of the Council, make written or verbal reports at any time concerning the affairs of the City under his supervision.
h. To keep the Council advised of the financial condition and future needs of the City and make such recommendations to the Council for adoption as he may deem necessary or expedient.
i. To exercise supervision and control over the various City departments and recommend to Council any proposal he thinks advisable to establish, consolidate or abolish departments.
j. To be responsible for the enforcement of all terms and conditions imposed in favor of the City in any contract or franchise, and upon knowledge of any violation thereof, report the same to the Council for such action and proceedings as may be necessary to enforce the same.
k. To attend Council meetings and have the privilege to participate in discussions with the Council in an advisory capacity without right to vote.
1. To inform the public concerning plans and activities of the Council and of the City administration.
m. To be responsible for a system of accounting and auditing for the City which shall reflect, in accordance with the generally accepted municipal accounting principles, the financial condition and financial operation of the City.
n. To be responsible for engineering, architectural maintenance and construction services as may be required by the City, within the limitations of the City budget.
o. To be responsible for contracting and purchasing within the limitations of the budget, all supplies, materials, equipment, and services required by any department, office, or agency of the City, and in such capacity shall serve as Purchasing Agent for the City unless another person is designated by Council upon recommendation of the City Manager, and shall submit to Council for approval, appropriate rules and regulations governing purchases on behalf of the City.
p. To dispose of property of the City in accordance with procedures established by Council and subject to the provisions of Section 4.14.
q. To recommend for approval by the Council, appropriate personnel rules and regulations governing officers and employees of the City, subject to the provisions of Chapter IX.
r. To exercise and perform all administrative functions of the City that are not imposed by this Charter or ordinance upon some other official. Notwithstanding any other provision in this Charter to the contrary, the City Manager may, in the event of any emergency, at his discretion, exercise complete administrative authority over any department, department head, or city employee and all City owned property.
s. To perform such other functions and duties as may be prescribed by this Charter, or by ordinance, or by the Statutes applicable to Home Rule Cities, or required of him by Council which are not inconsistent with this Charter.
Section 7.5 Acting City Manager.
After having filled the office of City Manager, the Council may appoint or designate an Acting City Manager during the period of any vacancy in the office or during the absence of the City Manager from the City or disability of the City Manager. Such Acting City Manager shall, while he is in such office, have all the responsibilities, duties, functions, and authority of the City Manager providing, however, the Acting City Manager shall not hire, transfer or discharge any department heads or officers without approval of the Council given by majority vote of the entire Council in office at the time the vote is taken except as otherwise provided in the personnel regulations or in any Career Service System adopted pursuant to Chapter IX.
Section 7.6 Relationship of Council to Administrative Organization.
Except as otherwise provided in this Charter, neither the Council, any of its members, nor any of its committees shall dictate to the City Manager the appointment or employment of any person to or removal from office, or in any way interfere with the City Manager or other City officer under the City Manager to prevent him from exercising his judgment in the appointment, employment or removal of officers and employees in the administrative organization. Except for the purpose of inquiry, the Council and its members shall deal with persons under the City Manager’s responsibility solely through the City Manager and neither the Council, any member thereof, nor any of its committees shall give orders to any of the subordinates of the City Manager.
Each appointment of a department head by the City Manager, before such appointment becomes effective, shall be confirmed by a majority vote of the City Council, and that if there be a tie in such vote, then and in that event the Mayor may cast a vote. Should the City Council fail to confirm the appointment of a department head by the City Manager, the City Manager shall submit additional appointments until such time as the City Council, in fact, confirms an appointment.
Section 7.7 Chief of Police — Functions and Duties.
a. The Chief of Police shall, under the direction of the City Manager, be responsible for the Police Department and shall:
(1) Assign all members of the Police Department to their respective duties.
(2) Make rules and regulations concerning the operation of the Police Department in conformity with the Charter, ordinances, official directives, other laws of the City and those general laws of the State applicable to Home Rule Cities.
(3) Be responsible for the efficiency, discipline and conduct of the Police Department and for the care and custody of all property used by the Police Department.
b. The Police Department shall be composed of the Chief of Police and such subordinate officers, policemen, and personnel appointed pursuant to this Charter and the ordinances of the City as may be necessary to preserve the peace, protect persons and property, and enforce laws and ordinances.
c. The Chief of Police shall, under the direction of the City Manager, be responsible for the suppression of riots, disturbances and breaches of the peace, and for the enforcement of the laws of the State of Colorado, the respective states, the United States, and the ordinances, official directives and other laws of the City.
d. The Chief of Police, under the direction of the City Manager, may appoint such special policemen, patrolmen and watchmen, with or without compensation, as may be deemed necessary, all of whom shall have the same responsibility, functions, duties and powers as do other members of the Police Department, unless changed by the City Manager or by Council upon recommendation of the City Manager.
e. The Chief of Police shall perform such other duties as may be prescribed for him by this Charter, by the Council upon recommendation of the City Manager, or by the City Manager, pertaining to the preservation of property, peace, health, safety and welfare, including the prevention of crime, the apprehension of criminals and violators of the law and the protection of property and the rights of persons.
f. Before entering upon the duties of his office, every police officer, including the Chief of Police, shall take and subscribe before a Judge and file with the Clerk of the City, an oath or affirmation that he will support the Constitution and the laws of the United States and of the State of Colorado, the Charter and the ordinances of the City, and will faithfully perform the duties of the office upon which he is about to enter.
g. The Chief of Police shall be appointed and removed by the City Manager, subject however, to the provisions of Section 7.4, subsection c.
Section 7.8 Director of Public Works.
a. The Director of Public Works shall, under the direction of the City Manager, have responsibility for the Department of Public Works.
b. The Director of Public Works shall perform such other duties as may be prescribed for him by this Charter, by the Council upon recommendation by the City Manager, or by the City Manager.
c. The Director of Public Works shall be appointed and removed by the City Manager, subject however, to the provisions of Section 7.4, subsection c.
d. The Council, on recommendation of the City Manager, may, by majority vote of the entire Council in office at the time the vote is taken, authorize the same person to serve as City Manager and Director of Public Works.
Section 7.9 City Clerk — Functions and Duties.
a. The City Clerk shall, under the direction of the City Manager, be responsible for the Administrative Department, with the exception of the City Treasurer and Deputy City Treasurer, if any, and the City Manager may appoint a deputy City Clerk in the City Manager’s discretion.
b. The City Clerk shall be the Clerk of the Council, shall attend all meetings of the Council and shall keep a permanent journal of its proceedings in the English language.
c. The Clerk shall be custodian of the City seal and shall affix it to all documents and instruments requiring the seal, and shall attest the same. He shall also be custodian of all papers, documents, and records pertaining to the City, the custody of which is not otherwise provided for.
d. The Clerk shall authenticate by his signature all ordinances enacted by the Council.
e. The Clerk shall have power to administer oaths and take acknowledgement under seal of the City.
f. The Clerk shall perform such other duties as may be prescribed for him by this Charter, by the Council upon recommendation of the City Manager, or by the City Manager.
g. The City Clerk shall be appointed and removed by the City Manager subject, however, to the provisions of Section 7.4, subsection c.
Section 7.10 City Treasurer — Functions and Duties.
a. The Treasurer shall serve in the Administrative Department, be directly responsible to the City Manager, have the custody of monies of the City, and custody of all evidence of indebtedness belonging to the City or held in trust by the City. The City Manager may appoint a Deputy Treasurer in City Manager’s discretion.
b. The Treasurer shall collect all monies of the City, the collection of which is not provided for elsewhere by Charter or ordinance. He shall receive from other officers and employees of the City all money, belonging to and receivable by the City that may be collected by such officers and employees, including fines, license fees, taxes, assessments and all other charges. All City funds, except petty cash, shall be delivered to the Treasurer as soon as reasonable after receipt.
c. The Treasurer shall keep and deposit all monies or funds in such manner and only in such places as the Council may determine and shall report the same in detail to the City Manager.
d. All interest earnings on City funds shall be the property of the City and shall be accounted for and credited by the Treasurer to the proper City Fund, if such fund can be determined, and if not, then such interest shall be accounted for and credited to the General Fund. .
e. The Treasurer shall disburse all City funds in accordance with the provisions of this Charter and procedures to be established by the Council.
f. The Treasurer shall be in charge of investing any and all City funds in accordance with Section 12.14.
g. The Treasurer shall perform such other duties as may be prescribed for him by this Charter, by the Council upon recommendation of the City Manager or by the City Manager.
h. The City Treasurer shall be appointed and removed by the City Manager, subject to the provisions of Section 7.4, subsection c.
Section 7.11 Acting Deputies.
The City Manager may provide for Deputy City Clerk, Deputy City Treasurer and Assistant Chief of Police with such duties, functions and authority as the City Manager shall determine.