Article IV
ADMINISTRATION
Sections:
4.01 City Manager – Appointment.
4.03 City Manager – Temporary Replacement.
4.05 Council Not to Interfere.
4.01 City Manager – Appointment.
The Council shall appoint a chief administrative officer of the city who shall have the title of “city manager” and who shall serve at the pleasure of the Council. His appointment shall require the affirmative vote of four members of the Council. The manager shall be chosen solely on the basis of his demonstrated qualifications as an administrator with particular emphasis on his training and actual experience as a professional municipal administrator. The manager need not be a resident of the state when appointed, but during his tenure of office he shall reside within the city. No councilman shall be eligible for appointment as manager within two years following the expiration of his latest term as councilman.
4.02 City Manager – Removal.
The Council may remove the manager from office in accordance with the following procedure:
A. By first adopting by the affirmative vote of at least four of its members a preliminary resolution stating the reasons for his removal. This resolution may also suspend the manager from duty. In either case, the manager shall continue to receive his salary until the final resolution of removal is adopted.
B. Within fifteen days the manager may file with the Council a reply in writing and request a public hearing. This hearing shall be held not earlier than fifteen days nor later than thirty days after filing his request.
C. Not less than thirty days after the date of adoption of the preliminary resolution and after such public hearing, if any, the Council by the affirmative vote of at least four of its members may adopt a final resolution of removal, at which time the manager shall be paid any balance of his salary then due or accrued and an additional amount equal to two months’ salary.
4.03 City Manager – Temporary Replacement.
In the event of the absence, suspension, or disability of the manager, or if a vacancy should occur in the office, the Council may designate a qualified administrative officer of the city to perform the duties of the office until the manager shall return to duty or until the appointment of a successor.
4.04 Powers and Duties.
The manager shall be the head of the administrative branch of the city government. He shall be responsible to the Council for the proper administration of all city affairs under his jurisdiction. Subject to the personnel provisions of this Charter, the manager shall:
A. Give general direction to the programs and activities of all city departments and offices under his jurisdiction. He shall prepare an administrative manual which shall set forth the procedures for carrying out such programs and activities;
B. Serve as personnel officer of the city and administer the city personnel system, unless the Council on his recommendation authorizes him to appoint a personnel officer to administer the system;
C. Appoint, and when he deems the best interests of the city require, remove officers and employees of the city unless otherwise provided by this Charter or by general laws. The manager may authorize the head of a department or office to appoint and remove subordinates in such department or office;
D. Prepare the annual budgets, including a five-year capital expense budget, and submit them to the Council. Upon adoption of any budget by the Council, the manager shall be responsible for its administration;
E. Prepare and submit to the Council, at the close of each fiscal year, a complete report on the finances and administrative activities of the city for the preceding year;
F. Keep the Council informed on the financial condition and present and future needs of the city, making such recommendations as he deems desirable;
G. Perform such other duties as may be prescribed by this Charter or required of him by the Council, not inconsistent with this Charter.
4.05 Council Not to Interfere.
Neither the Council nor any of its members shall direct or request the appointment of any person to, or his removal from, any office or position by the manager or by any of his subordinates, but the Council while in official session, open or executive, may express its views and fully and freely discuss with the manager anything pertaining to appointment and removal of city officers and employees. Except for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the manager, and neither the Council nor any member thereof shall give orders to any subordinate of the manager, either publicly or privately.
4.06 City Clerk.
The manager, subject to the approval of the Council, shall appoint or remove the city clerk who shall:
A. Attend all meetings of the Council and keep a permanent journal of its proceedings;
B. Record and certify all ordinances and resolutions;
C. Serve as custodian of the city seal and official city records;
D. Prescribe and furnish sample forms for petitions provided for by this Charter;
E. Serve as registrar of voters for the city;
F. Perform such other duties as may be prescribed by general laws, this Charter, the Council, or the manager.
The city clerk, with the approval of the manager, may designate one clerk in his office as his deputy, who shall have all the powers and perform all the duties of the city clerk in his absence.
4.07 City Attorney.
The manager, subject to the approval of the Council, shall appoint or remove the city attorney who shall be an attorney admitted and qualified to practice before the Supreme Court of the state of Washington. The city attorney shall:
A. Act as legal advisor to and counsel for, the Council and manager in matters relating to their official duties;
B. Represent the city in litigation in which the city is interested, unless the manager, with the approval of the Council, otherwise provides;
C. Provide legal opinions on official matters when requested by the Council or manager;
D. Draft and review for legal correctness, contracts, bonds, franchises, and other instruments to which the city is a party;
E. Perform such other duties as may be assigned to him by the administrative code or otherwise by general laws or ordinances.