Chapter 2.16
CITY MANAGER
Sections:
2.16.070 Duties, control, and discretion.
2.16.010 Office created.
The office of city manager is hereby created and established pursuant to Utah Code Section 10-3b-303, and shall continue in force and effect as an officer of the city. [Ord. O-19-2024 § 2 (Exh. A)].
2.16.020 Hiring process.
The mayor shall recommend to the city council a process to hire a new city manager. The city council may adopt that process, modify it, use the processes outlined in the current ICMA recruitment guidelines handbook, or use any other process it deems in the best interest of the city.
For any vacancy of the position of city manager, the city council, with the mayor as a voting member, may appoint an acting city manager to immediately assume the duties and responsibilities of the city manager and conduct the day-to-day operations and business of the city during any interim period. This individual may or may not be someone that is in consideration for the position of city manager.
Unless the urgency of the situation requires an earlier special meeting, the city council shall establish the recruitment process, scope of responsibilities, salary and benefits offered for the city manager position during the next regularly scheduled meeting following any vacancy. Notwithstanding the foregoing, the city council may table the matter in its discretion. Unless the city council otherwise directs, the city attorney and the human resources manager shall secure a minimum of three executive recruitment firms that specialize in municipal government for candidate searches. If the city council decides to hire a recruitment firm, the city council shall interview a minimum of three firms.
The candidates shall be evaluated by the city council as provided by the recruiting firm. Existing staff that desire to be considered for the position will submit their application to the recruiting firm. If the recruiting firm finds that the individual meets the criteria for the position, they will be added to the candidates for consideration by the city council. The recruiting firm will provide the city council with the application materials of all candidates and recommend their top five choices. The city council shall not be bound by the recommendation and shall choose which candidates to interview. All interviews by the city council shall be conducted in a closed session. [Ord. O-19-2024 § 2 (Exh. A)].
2.16.030 Appointment.
The city council shall by a majority vote appoint a qualified person to the office of city manager, with the mayor acting as a voting member. The term of office, salary, benefits, duties, and termination of the city manager shall be set out in written contract prior to the time of appointment, which contract shall be negotiated and approved by written resolution of the city council. The contract shall not contain an automatic renewal provision. [Ord. O-19-2024 § 2 (Exh. A)].
2.16.040 Residence.
Unless otherwise provided by contract, the city manager need not be a resident or a qualified elector of Eagle Mountain City. [Ord. O-19-2024 § 2 (Exh. A)].
2.16.050 Conditions and term.
The city manager shall serve at the pleasure of the city council. The city council may set the terms and conditions of employment of the city manager by duly executed contract. The city manager may be removed and the employment contract terminated, with or without cause, by a majority vote of the city council, with the mayor as a voting member. [Ord. O-19-2024 § 2 (Exh. A)].
2.16.060 Compensation.
The salary, benefits, and other compensation of the city manager shall be set by contract and reviewed annually by the mayor who will recommend to the city council any modifications to the salary or duties of the city manager. [Ord. O-19-2024 § 2 (Exh. A)].
2.16.070 Duties, control, and discretion.
A. Generally. The city manager shall administer the day-to-day operations of the city and its services according to the policies and procedures established by the city council. The city manager shall report to the mayor and shall assist the mayor in the execution of the mayor’s duties as chief executive officer of the city.
B. Quarterly Reports. The city manager shall prepare and furnish to the city council on a quarterly basis, or more often as requested by the city council, a summary and status report setting out in adequate detail such information as to inform the city council on the status of the following:
1. Administrative matters;
2. Capital projects;
3. City departments and agencies;
4. Personnel matters related to general staffing needs, compensation, and budget;
5. Fiscal and budgetary affairs, including monthly and quarterly reports; and
6. Any other matters requested by the city council.
C. Specific Duties. Subject to the limits set forth herein, the following duties and the authority to perform them are hereby assigned to the city manager:
1. Administrative Officer. The city manager shall be the chief administrative officer of the city under the supervision of the mayor.
2. Personnel Administrator. Under the direction of the mayor, the city manager shall be the personnel administrator to whom all employees of the city shall report. The city manager shall be responsible for recommending policy and procedures to the city council. In accordance with current ordinance and council approved policy, the city manager shall enforce the personnel policies and procedures.
3. Employees. The city manager may recommend the hiring of a department head and/or the promotion to such. Except in the case of department heads governed by Chapter 2.17 EMMC, Appointed Officers, the city manager may hire or promote a person to the head of a municipal department after first giving notice to the city council and mayor and only after receiving approval from the mayor to act. The city manager may review the status and performance of any personnel being considered for a change in their employment with the city. The city manager may recommend removal, demotion, or reduction in salary of any department head after first giving notice to the city council and mayor and may terminate, demote, or reduce the salary of a department head only after receiving approval from the mayor to act. Termination of appointed officers likewise requires the approval of the mayor. The city manager shall have authority to hire and remove all other city employees, but shall confer with the department head prior to terminating any employee. The city manager may delegate this authority to the respective department head.
4. Signature Authority. The city manager shall have the authority to sign all contracts on behalf of the city provided:
a. The contract has followed the procurement code, funds to be spent under the contract have been specifically appropriated through the city’s budget process, or the contract does not require the expenditure of city funds; and
b. The contract does not involve the conveyance of any real property interest of the city; and
c. The mayor has assigned the city manager as his or her designee to sign on his or her behalf.
5. Inventory Property. The city manager or designee shall keep or cause to be kept a current inventory showing all real and personal property of the city and its location. The city manager or designee shall be responsible for the care and custody of all such property, including equipment, buildings, parks and all other city property which is not by law assigned to some other officer or body for care and control.
6. Council Meetings. The city manager shall attend all city council meetings. The city manager shall participate in the discussion as directed by the mayor.
D. Budget Preparation. The city manager shall oversee the preparation of the city budget. The city manager shall also ensure that all executive procedures and activities of the city are in compliance with the provisions of the Utah Uniform Municipal Fiscal Procedures Act.
E. Implement Policy. The city manager shall implement all policy changes and directives of the city council.
F. Organization. The city manager shall recommend creation and organization of all necessary department heads, departments, divisions, bureaus and offices necessary for the government of the city to the city council for its approval prior to implementation.
G. Emergencies. The city manager shall notify the city council and the mayor of any emergency existing in any department or matter under his or her supervision.
H. Additional Duties. The city manager shall have such other powers and shall perform such other duties and obligations as may be required by state law or by ordinance, resolution, or policy of the city council. [Ord. O-19-2024 § 2 (Exh. A)].
2.16.080 Limitations.
A. Other Employment. The city manager shall not accept any outside employment in addition to employment by the city without prior written approval of the city council.
B. Powers of Mayor Not Delegated. The executive, legislative and judicial powers of the mayor, his or her position as chairperson of the city council, and any ex officio position he or she may hold shall not be delegated to the city manager. [Ord. O-19-2024 § 2 (Exh. A)].
2.16.090 Acting city manager.
In the absence of the city manager or because of his or her inability or refusal to act, the city council may appoint by majority vote, with the mayor as a voting member, a qualified person to serve as acting city manager to perform and undertake the duties and responsibilities of the city manager with such authority as is vested in the office. [Ord. O-19-2024 § 2 (Exh. A)].