Chapter 5: Powers and Duties of Officers
Section 22. Mayor. The Mayor shall appoint the committees provided under the rules of the Council. The Mayor shall sign all approved records of proceedings of the Council. The Mayor shall sign all ordinances passed by the Council within three days after their passage, unless the Mayor veto the same. If the Mayor vetoes an ordinance, the Mayor must, within 10 days from receipt thereof, return same to the City Recorder with a statement of the reasons for not approving it, and if the Mayor does not so return it, such ordinance shall become law, unless otherwise provided in such ordinance. Upon the first regular meeting of the Council after the return of such ordinance from the Mayor not approved, the City Recorder shall deliver the same to the Council, with the message of the Mayor, which must be read. Such ordinance shall then be put upon its passage again, and if two-thirds of all the members constituting the Council, as then provided by law, vote in the affirmative, it shall become a law unless otherwise provided in such ordinance, without the approval of the Mayor and not otherwise. But if no vote is taken at such meeting on the passage of such ordinance, it shall be deemed to have failed to become a law because not approved by the Mayor. The Mayor shall also, upon approval of the Council, endorse all bonds of officers of the City.
[As amended by special election November 2, 2021; general election November 7, 2006 (section renumbered).]
Section 23. City Manager.
(a) Qualifications. The City Manager shall be the administrative head of the government of the City. The Manager shall be chosen by the Council without regard to political considerations and solely with reference to executive and administrative qualifications. The Manager need not be a resident of the State at the time of appointment, but promptly thereafter shall become and during the Manager’s tenure remain a resident of the City. Before taking office, the Manager shall file with the Mayor a bond for faithful performance of the Manager’s duties as Manager, payable to the City in the amount determined by the Council by ordinance, the premium of which the City shall pay. The bond shall be to the satisfaction of the Council.
[As amended by special election November 2, 2021]
(b) Term. The Manager shall be appointed for an indefinite term and may be removed at the pleasure of the Council. Upon any vacancy occurring in the office of Manager, the Council at its next meeting shall adopt a resolution of its intention to appoint another Manager that sets out the specific recruiting process and timeline the Council will use to select that Manager. The Council has no authority to appoint another City Manager earlier than the next regularly scheduled City Council meeting following the adoption of the resolution. Using the process set out in the resolution, the Council has a duty to appoint a Manager to fill the vacancy within two years of the date of the resolution.
[As amended by special election November 2, 2021; special election November 7, 1995.]
(c) Powers and duties. The powers and duties of the Manager shall be as follows:
(1) The Manager shall devote the Manager’s entire time to the discharge of official duties, attend all meetings of the Council, unless excused therefrom by the Council or the Mayor, keep the Council advised at all times of the affairs and needs of the City, and make reports annually, or more frequently if requested by the Council, of all the affairs and departments of the City.
[As amended by special election November 2, 2021]
(2) The Manager shall see that all ordinances are enforced and that the provisions of all franchises, leases, contracts, permits and privileges granted by the City are observed.
[As amended by special election November 2, 2021]
(3) The Manager shall appoint all appointive City officers and employees except as this Charter otherwise provides, and shall have general supervision and control over them and their work, with power to transfer an employee from one department to another, and shall exercise supervision and control over the departments, to the end of obtaining the utmost efficiency in each of them. The Manager shall have no control; however, over the Council or the judicial activities of the Municipal Judge.
[As amended by special election November 2, 2021; general election November 7, 2006.]
(4) The City Manager shall act as purchasing agent for all departments of the City.
[As amended by special election November 2, 2021]
(5) The Manager shall be responsible for preparing and submitting to the Budget Commission the annual budget estimates and such reports as that body requests.
[As amended by special election November 2, 2021]
(6) The Manager shall supervise the operation of all public utilities owned and operated by the City and shall have general supervision over all City property.
[As amended by special election November 2, 2021]
(7) The Manager shall perform such other duties as may be required by this Charter or as the Council may require.
[As amended by special election November 2, 2021]
(d) Seats at Council meetings. The Manager and such other officers as the Council designates shall be entitled to sit with the Council, but shall have no vote on questions before the Council. The Manager may take part in the discussion of all matters before it.
(e) Manager pro tem. In case of the Manager's absence from the City, or a temporary disability to act as Manager, or of the Manager's discharge by the Council, or resignation, the Council shall appoint a Manager pro tem, who shall possess the powers and duties of the Manager. No Manager pro tem, however, shall have the power to appoint or remove any City officer or employee who directly reports to the City Manager except with the approval of three-fourths of the members of the Council. A Manager pro tem may appoint or remove other City officers or employees in a manner consistent with adopted City Policies, in consultation with the Human Resources Department. No Manager pro tem shall hold the position as such for more than two years, and no appointment of a Manager pro tem shall be renewed.
[As amended by special election November 2, 2021]
(f) Interference in administration and elections. Neither the Mayor nor any member of the Council shall in any manner, directly or indirectly, by suggestion or otherwise, attempt to influence or coerce the Manager in the making of any appointment or removal of any officer or employee or in the purchase of supplies; or attempt to exact any promise relative to any appointment from any candidate for Manager, or discuss, directly or indirectly, with the Manager the matter of specific appointments to any City office or employment. A violation of the foregoing provisions of this section shall forfeit the office of the offender. Nothing in this section shall be construed, however, as prohibiting the Council, while in open session, from discussing with or suggesting to the Manager, fully and freely, anything pertaining to the City affairs or the interests of the City.
[As amended by special election November 2, 2021; general election November 7, 2006.]
(g) Ineligible persons. No person related to the Manager or the Manager’s spouse by consanguinity or affinity with the third degree, nor the spouse, shall hold any appointive office or employment with the City.
[As amended by special election November 2, 2021; special election May 23, 1972; general election November 6, 1984; Subsection (e) by primary election May 17, 1988; Subsections (b) and (c) by special election November 7, 1995; and general election November 7, 2006 (section renumbered).]
Section 24. Municipal Judge.
(a) A majority of the Council may appoint and remove a municipal judge. A municipal judge will hold court in the city at such place as the Council directs. The court will be known as the Municipal Court.
(b) All proceedings of this court will conform to state laws governing justices of the peace and justice courts.
(c) All areas within the city and areas outside the city as permitted by state law are within the territorial jurisdiction of the court.
(d) The Municipal Court has jurisdiction over every offense created by City ordinance. The court may enforce forfeitures and other penalties created by such ordinances. The court also has jurisdiction under state law unless limited by City ordinance.
(e) The municipal judge may:
(1) Render judgments and impose sanctions on persons and property;
(2) Order the arrest of anyone accused of an offense against the City;
(3) Commit to jail or admit to bail anyone accused of a City offense;
(4) Issue and compel obedience to subpoenas;
(5) Compel witnesses to appear and testify and jurors to serve for trials before the court;
(6) Penalize contempt of court;
(7) Issue processes necessary to enforce judgments and orders of the court;
(8) Issue search warrants; and
(9) Perform other judicial and quasi-judicial functions assigned by ordinance.
(f) The Council may appoint and may remove municipal judges pro tem.
(g) The Council may transfer some or all of the functions of the Municipal Court to an appropriate state court.
[As amended by special election May 19, 2026; special election November 2, 2021; general election held November 6, 1984; and general election November 7, 2006 (section renumbered).]
