CHAPTER VII:
APPOINTIVE OFFICERS

Section 34. Appointive Offices.

A majority of the Council may:

(1)    Create, abolish, and combine appointive city officers,

(2)    Appoint the City Manager by majority vote of the Council.

Section 35. City Manager.

(1)    The office of the City Manager is established as the administrative head of the city government. The City Manager is responsible to the Mayor and Council for the proper administration of all city business. The City Manager will assist the Mayor and Council in the development of city policies, and carry out policies established by ordinances and resolutions.

(2)    A majority of the Council must appoint and may remove the City Manager. The appointment must be made without regard to political considerations and solely on the basis of education and experience in competencies and practices of local government management.

(3)    The City Manager may be appointed for a definite or an indefinite term, and may be removed at any time by a majority of the Council. The Council may fill the office by appointment as soon as possible after the vacancy occurs.

(4)    The City Manager must:

(a)    Attend all Council meetings unless excused by the Mayor or Council;

(b)    Report and recommend to the Mayor and Council about the needs of the city;

(c)    Administer and enforce ordinances, resolutions, franchises, leases, contracts, permits, and other Council decisions;

(d)    Appoint, supervise and remove city employees;

(e)    Organize city departments and administrative structure;

(f)    Prepare and administer the annual city budget;

(g)    Administer city utilities and property;

(h)    Encourage and support regional and intergovernmental cooperation;

(i)    Promote cooperation among Council, staff and citizens in developing city policies and fostering a sense of community.

(j)    Perform other duties as directed by the Council;

(k)    Delegate duties, but remain responsible for acts of all subordinates.

(5)    The City Manager has no authority over the Council or over the judicial functions of the Municipal Judge.

(6)    The City Manager and other employees designated by the Council may sit at Council meetings but have no vote. The City Manager may take part in all Council discussions.

(7)    When the City Manager is temporarily disabled from acting as City Manager, the Council may appoint a City Manager pro tem. The City Manager pro tem has the authority and duties of the City Manager, except that a pro tem City Manager may appoint or remove employees only with Council approval.

(8)    No individual City Council member may directly or indirectly attempt to coerce the City Manager or a candidate for the office of City Manager in the appointment or removal of any city employee, or in administrative decisions regarding city property or contracts. Violation of this provision is grounds for removal from office by a majority of the Council after a public hearing.

(9)    The Council as a whole may discuss, suggest, request or require actions of the City Manager relating to city business and in conformance with his/her contract and the boundaries of this Charter.

Section 36. City Attorney.

The office of city attorney is established as the chief legal officer of the city government. A majority of the Council must appoint and may remove the City Attorney.

Section 37. Municipal Court and Judge.

(1)    A majority of the Council may appoint and remove a municipal judge. A municipal judge will hold court in the city in such place as the Council directs. The court will be known as the Municipal Court.

(2)    All proceedings of this court will conform to state laws governing justices of the peace and justice courts.

(3)    All areas within the city and areas outside the city as permitted by state law are within the territorial jurisdiction of the court.

(4)    The municipal court has jurisdiction over every offense created by city ordinance. The court may enforce forfeitures and other penalties created by such ordinance. The court also has jurisdiction under state law unless limited by city ordinance.

(5)    The municipal judge may:

(a)    Render judgments and impose sanctions on persons and property;

(b)    Issue and compel obedience to subpoenas;

(c)    Compel witness to appear and testify and jurors to serve for trial before the court;

(d)    Penalize contempt of court;

(e)    Issue processes necessary to enforce judgment and orders of the court;

(f)    Issue search warrants; and

(g)    Perform other judicial and quasi-judicial functions assigned by ordinance.

(6)    The Council may transfer some or all of the functions of the municipal court to an appropriate state court.