CHAPTER 31: CITY OFFICERS
Section
City Manager
General Manager of Railway
31.16 Duties and responsibilities
City Recorder
Cross reference:
Clerk of Council, see Charter, Ch. I, § 22
Powers and duties of officers, see Charter, Ch. V
Vacancies in office, see Charter, Ch. VII
CITY MANAGER
31.01 OFFICE CREATED.
There is hereby created the office of City Manager for the city, and the appointee to the office shall have general supervision, direction and control over all nonelective officers and public employees of the city in the exercise of their duties and of all the work of all city departments, other than the office of Municipal Judge, which is specifically exempted from the operation of this subchapter.
(’91 Code, § 1-1.1) (Ord. 1158, passed 10-28-08)
31.02 CITY COUNCIL ROLE.
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 subordinates of the City Manager either publicly or privately.
(’91 Code, § 1-1.2) (Ord. 1158, passed 10-28-08)
31.03 POWERS AND DUTIES.
(A) Generally. The powers and duties of the City Manager shall be as follows:
(1) To prepare the annual budget and submit it to the City Council, together with a message describing the important features thereof, and to be responsible for its administration after adoption.
(2) To supervise the purchase of all materials, supplies and equipment for which funds are provided in the budget; to let contracts necessary for the operation or maintenance of city services pursuant to state law and city ordinances; to advise the City Council on the advantages and disadvantages of contracts and bid proposals. No purchase shall be made, contract let or obligation incurred for any item or service that exceeds the current budget appropriation without a supplemental appropriation by the City Council. The Manager may issue rules governing purchasing procedures within the administrative organization as the City Council shall approve.
(3) To act as administrative head of all departments of the city government; to appoint, and when necessary for the good of the service, suspend or remove all officers and employees of the city except as otherwise provided by the City Charter, and except as he/she may authorize the head of a department or office to appoint, suspend or remove subordinates in the department or office. Whenever necessary to fill a vacancy in administrative positions that are required by Charter to be appointments of the City Council, the City Manager shall submit the names of qualified individuals for the appointment. The Manager may recommend the removal or suspension of any appointee when it would be in the best interests of the city, and the City Council shall give full weight to the Manager’s recommendations. All recommendations for appointment or removal shall be based solely on the merit, qualifications or disqualifications of the official concerned, without regard to his/her political beliefs or affiliations. In the appointment or dismissal of public employees other than department heads, the Manager shall consult with the head of the department charged with responsibility for the employee.
(4) To prepare and submit to the City Council, as of the end of the fiscal year, a complete report on the finances and administrative activities of the city for the preceding year.
(5) To periodically advise the City Council of the financial condition of the city and from time to time make recommendations as to the future needs of the city.
(6) To recommend to the City Council from time to time the adoption of such measures and ordinances as he/she deems necessary or expedient for the health, safety or welfare of the community or for the improvement of the administrative services.
(7) When not inconsistent with the Charter, and with the approval of the City Council, to consolidate or combine offices, positions, departments or units under his/her jurisdiction.
(8) To attend all meetings of the City Council unless excused therefrom and to take part in the discussion of all matters coming before the City Council. He/she shall be entitled to notice of all regular and special meetings of the City Council.
(9) To see that all ordinances are enforced and that the provisions of all franchises, leases, contracts, permits and privileges granted by the city are observed.
(10) To meet with private citizens and interested groups seeking information or bringing complaints and to attempt to resolve any problems tactfully and fairly.
(11) To recommend to the City Council a standard schedule of pay for each employee in the city service, including minimum, intermediate and maximum rates.
(12) To serve as City Recorder and City Treasurer and be responsible for the duties of those offices.
(B) Additional duties. The City Manager shall perform such other duties as may be required by the City Council not inconsistent with the City Charter or ordinances.
(’91 Code, §§ 1-1.3, 1-1.5) (Ord. 1158, passed 10-28-08)
Cross reference:
Recorder, see Charter, Ch. V, § 22
31.04 BOND.
The City Manager shall furnish a surety bond, to be approved by the City Council, the bond to be conditioned upon the faithful performance of his/her duties and shall be in an amount as the City Council shall specify. The premium for the bond shall be paid by the city.
(’91 Code, § 1-1.4) (Ord. 1158, passed 10-28-08)
31.05 EMERGENCIES.
(A) The conditions required for the declaration of a state of emergency within the city shall be as set forth in ORS 401.025(4), which provides: "Emergency includes any man-made or natural events or circumstance causing or threatening the loss of life, injury to person or property, human suffering or financial loss, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of oil or hazardous material as defined in ORS 466.605, contamination, utility or transportation emergencies, disease, blight, infestation, crisis influx of migrants unmanageable by the county, civil disturbance, riot, sabotage and war."
(B) A declaration of a state of emergency within the city may be issued by the City Council or the City Manager or the City Manager’s designee (the City Manager or designee are hereafter referred to as "City Manager"). The City Manager may issue a directive establishing the city department heads who shall have the authority to declare an emergency if the City Manager is unavailable at the time the emergency occurs. If an emergency is declared by a department head pursuant to the City Manager’s directive, then the City Manager shall resume authority to manage the emergency as soon as the City Manager is available. Any declaration of emergency by the City Manager shall be subject to review for ratification or other action that the City Council deems appropriate at an emergency meeting called as soon as practicable after the declaration of emergency, or if convening an emergency meeting is impracticable, at the next meeting of the City Council. A declaration of a state of emergency shall be terminated by the City Council when the state of emergency ceases to exist.
(C) The City Council may by resolution establish procedures to prepare for and carry out any activity to prevent, minimize, respond to or recover from an emergency. The resolution may provide for coordination with Crook County, the State of Oregon, or any other state of federal agency. The City Manager shall have the authorization to take action that includes, but is not limited to, the following measures:
(1) Redirect city funds for emergency use and suspend standard city procurement measures;
(2) Establish a curfew which fixes the hours during which all persons other than officially authorized personnel may not be upon the public streets or other public places;
(3) Prohibit or limit the number of persons who may gather or congregate upon any public street, public place, or any outdoor place;
(4) Barricade streets and prohibit vehicular or pedestrian traffic, or regulate the same on any public street leading to the emergency area for such distance as may be deemed necessary under the circumstances;
(5) Evacuate persons;
(6) Prohibit the sale of alcoholic beverages;
(7) Prohibit or restrict the sale of gasoline or other flammable liquids;
(8) Prohibit the sale, carrying or possession of any weapons or explosives of any kind on public streets, public places or any outdoor place;
(9) Curtail or suspend commercial activity;
(10) Turn off water, gas or electricity;
(11) Order such other measures as are necessary for the protection of life or property, or for the recovery from the emergency;
(12) Adopt temporary emergency regulations to implement the foregoing powers, as necessary.
(D) The City Manager shall have the authority, in addition to the authority provided in this section, to carry out the emergency duties or functions as prescribed by the resolution establishing procedures to deal with an emergency.
(E) No person shall knowingly violate any regulation promulgated pursuant to this section and imposed in a state of emergency declared under this section. Violation of an emergency regulation shall be a Class A misdemeanor.
(F) In the event of a conflict between provisions of this section and any other ordinance of the city, the provisions of this section shall control.
(G) Any findings by any court of competent jurisdiction that any portion of this section is unconstitutional or invalid shall not invalidate any other provision of this section.
(Ord. 1146, passed 8-28-07)
GENERAL MANAGER OF RAILWAY
31.15 OFFICE CREATED.
The office of General Manager of the City Railway is hereby created. The General Manager shall be qualified in the management of railway operations and shall be subject to other qualification criteria as the City Manager may deem necessary. The City Manager shall have the responsibility for the hiring, setting of salary, conditions of employment and termination of the General Manager. The General Manager shall have the general supervision, direction and control over the operations and maintenance of the City Railway and its employees, subject to approval by the City Manager to whom he/she shall be directly responsible in the operations of the City Railway.
(Ord. 1041, passed 3-11-97; Am. Ord. 1185, passed 12-13-11)
31.16 DUTIES AND RESPONSIBILITIES.
The General Manager of the City Railway shall have such other duties and responsibilities concerning operation and maintenance of the railway as may be approved or directed by City Manager.
(Ord. 1041, passed 3-11-97; Am. Ord. 1185, passed 12-13-11)
31.17 FINANCIAL REPORTING.
The General Manager of the City Railway shall devise means and methods of reporting to the City Council the monthly financial condition of the railway and annual financial forecast for operation of the railway.
(Ord. 1041, passed 3-11-97)
CITY RECORDER
31.25 APPOINTMENT.
The City Manager shall appoint a City Recorder.
(Ord. 1175, passed 9-28-10)
31.26 DUTIES.
The City Recorder shall have the following duties:
(A) Act as Clerk of the Council, prepare Council meeting agendas; disseminate information to Council members and others; keep records of the City Council as required by law, and sign ordinances, resolutions, orders, and other documents, as necessary or convenient;
(B) Arrange for and prepare meeting sites with necessary supplies and equipment. Take necessary action to comply with public meeting laws;
(C) Attend City Council meetings; attest Mayor’s, other city official’s, or city employee’s signatures when necessary or convenient;
(D) Maintain custody of and assume responsibility for all official city records and archives, including ordinances, resolutions, orders, minutes of meetings, agreements, contracts, franchises, deeds, easements, other similar documents, and other documents designated by City Manager;
(E) Serve as the city’s election official. Conduct city elections in cooperation with the Crook County Clerk. Distribute and receive nominating petitions, and documents concerning ballot measures;
(F) Such other duties as assigned by the City Manager.
(Ord. 1175, passed 9-28-10)
31.27 RECORDER PRO TEM.
In the absence of the City Recorder, the City Manager shall appoint a person to serve as City Recorder, pro tem.
(Ord. 1175, passed 9-28-10)