ARTICLE III
ORGANIZATION OF GOVERNMENT
Section 3.1 The City Council:
The City council shall consist of five members, one of whom shall serve as Mayor as provided in Section 3.4. The Council shall constitute the legislative and governing body of the city and shall have power and authority, except as otherwise provided in this Charter or by statute, to exercise all powers conferred upon or possessed by the City, and shall have the power and authority to adopt such laws, ordinances, and resolutions as it shall deem proper in the exercise thereof.
Section 3.2 Qualifications of Councilmen:
Members of the Council shall meet the eligibility requirements contained in Section 4.1 of this Charter. The Council shall be the sole judge of the election and qualifications of its own members, subject only to review by the Court.
Section 3.3 Compensation of Mayor and Councilmen:
The members of the Council shall receive such compensation as the Council shall by ordinance prescribe; provided however, they shall neither increase nor decrease the compensation of any member during his term of office except members of the Council whose terms do not expire at the next regular City election, who shall receive the same salary as that provided for incoming members, for the remainder of their term of office. The Mayor and Councilmen may, upon order of the Council, be paid such necessary bona fide expenses incurred in service on behalf of the city as are authorized and itemized.
Section 3.4 Election of Mayor; Mayor Pro Tem:
The Council shall, at its first meeting following each regular City election, and after the newly elected members take office, elect one of its members to serve as Mayor and one to serve as Mayor Pro Tem; both for a term expiring at the first Council meeting following each regular City election. Such election shall be by written ballot and by majority of the members of the council in office at the time. In the event of absence or disability of both the Mayor and Mayor Pro Tem, the Council may designate another of its members to serve as Acting Mayor during such absence or disability.
Section 3.5 Duties of Mayor:
A. Insofar as required by statute, and for all ceremonial purposes, the Mayor shall be the executive head of the city. He shall have a voice in all proceedings of the Council equal with that of other members of the Council but shall have no veto power. He shall be the presiding officer of the Council.
B. The Mayor shall be a conservator of the peace, and in emergencies may exercise, within the City, the powers conferred by the Governor of the State of Colorado for purposes of military law, and shall have the authority to command the assistance of all able-bodied citizens to aid in the enforcement of the ordinances of the city and to suppress riot and disorder.
C. The Mayor shall execute and authenticate by his signature such instruments as the Council, this Charter, or any statutes of the State of Colorado, or laws of the United States shall require.
Section 3.6 Administrative Services:
The administrative officers of the City shall be the City Manager and Director of Finance and City Clerk, and such additional administrative officers as may be created by ordinance. The Council may, by ordinance, combine any administrative offices in any manner it deems necessary or advisable for the proper and efficient operation of the City. The City Manager shall be appointed by the Council for an indefinite period, and shall be responsible to and serve at the pleasure of the Council and shall have his compensation fixed by the Council. All administrative officers of the City, except the City Manager, shall be appointed by the City Manager for an indefinite period. The appointment of Director of Finance and City Clerk shall be subject to confirmation by the Council. Such officers shall be responsible to the City Manager and shall have their compensation fixed by the Council. Such officers, except the Director of Finance and City Clerk, may be discharged by the City Manager without confirmation by the Council. Except as may be otherwise required by this Charter, the Council shall establish by resolution such departments of the City as it deems necessary or advisable and shall prescribe therein the functions of each department and the duties, authorities, and responsibilities of the officers of each department.
The City Manager may prescribe such duties and responsibilities of the officer of those departments responsible to him which are not inconsistent with this Charter or with any resolution or ordinance. All personnel employed by the city who are not elected officers of the city or administrative officers by or under authority of this Charter shall be deemed to be employees of the City. The head of each department shall have the power to hire, suspend or discharge the employees of his department, with confirmation by the City Manager.
Section 3.7 City Manager, Appointment and Qualifications:
The Council shall appoint a City Manager within one hundred eighty (180) days after any vacancy exists in such position. The City Manager shall hold office at the pleasure of the majority of the Council. He 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.
Section 3.8 City Manager, Functions and Duties:
The City Manager shall be the chief administrative officer of the City. He shall be held responsible to the City Council for the following functions and duties, any of which may be delegated at his discretion:
A. For the efficient administration of all administrative departments of the City;
B. To see that all laws and ordinances are enforced;
C. To appoint the heads of the several City departments whose appointment is not otherwise specified in this Charter, and to direct and supervise such department heads;
D. To give to the proper department or officials ample notice of the expiration or termination of any franchise, contracts or agreements;
E. To see that all terms and conditions imposed in favor of the city or any of its inhabitants in any public utility franchise, or in any contract, are faithfully kept and performed;
F. To recommend an annual budget to the Council and to administer the budget as finally adopted under the policies formulated by the Council, and to keep the Council fully advised at all times as to the financial conditions of the City;
G. To recommend to the Council for adoption such measures as he may deem necessary or expedient; and to attend Council meetings with the right to take part in discussions but not to vote;
H. To exercise and perform all administrative functions of the city that are not imposed by this Charter or ordinance upon some other official;
I. To be responsible for the maintenance of a system of accounts of the city which shall conform to generally accepted principles and procedures of governmental accounting. He shall submit financial statements to the Council quarterly, or more often as the Council directs;
J. To act as Purchasing Agent for the city and in such capacity to purchase all supplies and equipment and dispose of same in accordance with procedures established by the Council;
K. To establish, subject to approval by the Council, appropriate personnel rules and regulations governing officers and employees of the City;
L. To perform such other duties as may be prescribed by this Charter or required of him by ordinance or by direction of the Council.
Section 3.9 Acting City Manager:
The City Manager shall designate immediately upon his appointment a qualified City employee to perform his duties during his temporary absence or disability. Such designation shall be made by letter and filed with the Director of Finance. If he fails to make such designation, the Council may, by resolution, appoint a qualified City employee to perform the duties of City Manager until he shall return. In the event the position of City Manager becomes vacant, the Council may appoint an Acting City Manager for not more than one hundred eighty (180) days. Such Acting City Manager shall, while he is in such office, have all the responsibilities, duties, functions, and authority of the City Manager.
Section 3.10 Removal of the City Manager:
The City Manager shall be appointed for an indefinite term which may be terminated by a majority vote of the City Council. Upon such termination, the Council may in its discretion provide termination pay.
Section 3.11 Relationship of Council to Administrative Services and Departments:
Neither the Council nor any of its members shall dictate the appointment of any person to office by the City Manager or in any way interfere with the City Manager or other City officer to prevent him for exercising his judgement in the appointment or employment of officers and employees in the administrative service, except as provided elsewhere in this Charter. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager.
Section 3.12 Director of Finance; Appointment; Powers and Duties:
The City Manager shall appoint a Director of Finance subject to confirmation by the Council. The City Manager may also appoint a deputy or deputies, subject to confirmation by the council, to serve under the supervision of the Director of Finance, who shall have authority to act in the absence of the Director of Finance.
The Director of Finance’s functions and duties shall be:
A. To have custody of all monies of the City, and all evidences of indebtedness belonging to the City or held in trust by the City;
B. To collect all monies of the City, the collection of which is not provided for elsewhere by this Charter or ordinance; to receive from other officers and employees of the City all monies belonging to and receivable by the City that may be collected by such officers and employees, including fines, fees, taxes, assessments, and all other charges;
C. To keep and deposit all monies or funds in such a manner and only in such places as Council may determine and to report the same in detail to the City Manager;
D. To disburse all City funds in accordance with the provisions of statute, this Charter, and procedures which may from time to time be established by the Council;
E. To perform such other duties as may be prescribed by him by this Charter, by the Council, or by the City Manager;
F. To prepare all financial statements for the City of Gunnison as required by this Charter.
Section 3.13 City Clerk; Appointment; Power and Duties:
The City Manager shall appoint a City Clerk, subject to confirmation by the Council. The City Manager may also appoint a deputy or deputies, subject to confirmation by the Council, to serve under the supervision of the City Clerk, who shall have authority to act in the absence of the City Clerk.
The City Clerk’s functions and duties shall be:
A. To administer oaths and take acknowledgements under the seal of the City;
B. To attend all meetings of the Council and keep a permanent journal of all proceedings in the English language;
C. To act as custodian of the City seal and to affix it to all documents and instruments requiring the seal, and to attest the same;
D. To act as custodian of all papers, documents, and records pertaining to the City, the custody of which is not otherwise provided for;
E. To certify by his signature all ordinances and resolutions enacted or passed by the Council;
F. To provide and maintain in his office a supply of forms for all petitions required to be filed for any purpose by the provisions of the Charter;
G. To conduct and administer all municipal elections under the provisions of State Law and Gunnison City Charter.
Section 3.14 Attorney; Functions and Duties:
The Attorney shall be appointed by, act as legal advisor to, and be attorney and counsel for the Council, and shall be responsible solely to the council. His functions and duties shall be:
A. To advise any officer or department head of the City in matters relating to his official duties when so requested and shall file with the Director of Finance a copy of all written opinions given by him;
B. To prosecute ordinance violations and to conduct for the City, cases in court and before other legally constituted tribunals. To file with the Director of Finance copies of such records and files relating thereto as the Council may direct;
C. To prepare or review all ordinances, contracts, bonds and other written instruments which are submitted to him by the Council and City Manager and shall promptly give his opinion as to the legal consequences thereof;
D. To call to the attention of the Council all matters of law, and changes or developments therein affecting the City;
E. To perform such other duties as may be prescribed for him by this Charter or by the Council.
Upon recommendation of the Attorney, or upon its own initiative, the Council may retain special legal counsel to handle any matter in which the City has an interest, or to assist and counsel with the Attorney therein.
Section 3.15 Compensation of Attorney and Special Counsel:
The compensation of the Attorney shall be set by the Council. No compensation to special legal counsel shall be paid, except in accordance with an agreement between the council and the Attorney or Special Counsel made before the service for which compensation is to be paid has been rendered.
Section 3.16 Departments Created:
The functions of the City shall be performed by the following departments: Municipal Utilities, Finance, Public Safety, Public Works, Recreation, City Clerk, and such departments as are or may be established by this Charter or ordinances of the City. Upon recommendation of the city Manager, the Council may by ordinance consolidate or merge any of the said departments, whether set forth in the Charter or created by ordinance, in order to achieve more efficient operation and administration. All departments of the City, except as otherwise provided in this Charter, shall be under the supervision and control of the City Manager.
Section 3.17 Boards and Commissions:
Unless otherwise provided by this Charter, all boards and commissions shall be appointed by the Council, shall be advisory in character, shall serve without compensation unless the Council by ordinance shall provide otherwise, and shall be paid their authorized expenses actually incurred in the discharge of their official duties, as are provided by this Charter or by Ordinance.
Initial appointments by the Council shall specify the term of office of each individual in order to achieve overlapping tenure, and thereafter all appointments shall be for the full term specified. All members shall be subject to removal by the council for cause. The council shall make appointments to fill vacancies for the unexpired terms. Each board and commission shall choose its own chairman and vice-chairman and shall adopt its own rules of procedure for the proper conduct of its business.
Section 3.18 Zoning Board of Adjustments and Appeals:
There is hereby created and established a Board of Adjustment and Appeals consisting of five (5) members to be appointed by the Council for overlapping terms of three (3) years. Members shall have been a resident of the city for at least one (1) year immediately preceding the time of their appointment, and they shall hold no other office or position in the City administration.
The board shall have power to hear and determine appeals from refusal of building permits in violation of the zoning ordinance; to make exceptions to the terms of the zoning regulations in harmony with their general purpose and intent; and to authorize variances from the strict application of the zoning regulations in such situations, and subject to such limitations as may be set by ordinance. The findings and decisions of the board shall be final, subject only to judicial review.
The board shall keep minutes of its proceedings, show the vote taken, keep records of its examinations, and other official actions. Every order, requirement, decision or determination of the board shall be filed in the office of the City Clerk. The board shall exercise the functions and powers and perform the duties assigned to it by this Charter and the ordinances of the City; and where not otherwise provided by ordinance or Charter, the board shall have the powers, perform the functions and follow the procedures set forth in the Statutes of the State of Colorado.
Section 3.19 Planning and Zoning Commission:
There is created and established hereby a Planning and Zoning Commission consisting of seven (7) members to be appointed by the Council and who shall have overlapping five (5) year terms. The members shall be citizens-at-large and shall have been residents of the City for at least one (1) year immediately preceding the time of their appointment, and they shall hold no other office or position in the City administration. The City Manager, or his designee, shall meet with the Commission in an advisory capacity. The Planning and Zoning Commission shall be responsible for preparing a master plan for the City of Gunnison and keeping said plan updated in accordance with the statutes of the State of Colorado.
Section 3.20 Municipal Court:
There shall be a Municipal Court which shall have jurisdiction to hear and determine all cases arising under this Charter or the ordinances of the City. The powers of and the procedure in such Municipal Court and the manner of enforcement of its orders and judgements, shall be such as is provided for under the
Statutes of the State of Colorado, and the present ordinances of the City with respect to police magistrates, except as may otherwise be provided in this Charter or by ordinance hereafter enacted. The Council shall have the power to provide for juries for service in the Municipal Court.
Section 3.21 Qualification and Appointment of Judge:
The Municipal Court shall be presided over, and its functions exercised by, a Municipal Judge who shall be a licensed member of the Bar of this State, in good standing, appointed by the Council for a term to be at the pleasure of the Council. If no qualified member of the Bar satisfactory to the Council is available and willing to serve, any other person may be appointed until a qualified member of the Bar is willing to accept. He shall receive a fixed salary or compensation not dependent upon the outcome of the matters to be decided by him, and to be fixed by the Council from time to time. If absent, disqualified, or unable to act in any matter or case, the Municipal Judge may call any eligible person subject to council approval, to act and serve temporarily, and if he fails to, or cannot call in a substitute, the Council shall appoint a substitute. The Council shall provide a suitable place, and all supplies and things necessary for the proper functions of the Court.
Section 3.22 Limitation of Fines or Imprisonment:
The Council shall set the penalties for violation of municipal ordinances consistent with the statutes of the State of Colorado.