Article III: City Manager, City Clerk, and City Attorney

Section 3.01 City Manager; Qualifications: The city council shall appoint a person who shall have the title of city manager and shall have the powers and perform the duties in this charter provided. No councilmember shall receive such appointment during the term for which elected, nor within one year after the expiration of term. The city manager shall be chosen by the city council solely on the basis of executive and administrative qualifications, with special reference to actual experience in, or knowledge of, accepted practice in respect to the duties of this office as hereinafter set forth. At the time of appointment, the city manager need not be a resident of the city or state, but during tenure of office shall reside within the city.

Section 3.02 Removal: The city council shall appoint the city manager without any definite term and may effect removal by a majority vote of all its members. At least thirty days before such removal shall become effective, the city council shall, by a majority vote of its members, adopt a preliminary resolution stating the reasons for removal. The city manager may reply in writing and may request a public hearing, which shall be held not earlier than twenty days, nor later than thirty days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the city council, by majority vote of its members, may adopt a final resolution of removal. By the preliminary resolution, the city council may suspend the city manager from duty, but the manager's salary shall continue until the removal shall become effective, as provided in the final resolution. In case of the absence, suspension, or disability of the city manager, or if a vacancy shall occur in the office, the city council may designate a qualified administrative officer of the city to perform the duties of the office until the city manager shall return to duty or until the appointment of a successor shall have been made.

Section 3.03 Powers and Duties: The city manager shall be head of the administrative branch of the city government and shall be responsible to the city council for the proper administration of all affairs of the city and to that end, subject to the personnel provisions of this charter, shall have the power and shall be required to: (1) appoint or remove the city attorney, subject to the approval of the city council; (2) appoint and, when necessary for the good of the service, remove all officers and employees of the city except as otherwise provided by this charter, or by state laws and except as the manager may authorize the head of a department or office to appoint and remove subordinates in such department or office; (3) prepare the budget annually and submit it to the city council and be responsible for its administration upon adoption; (4) 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) keep the city council advised on the financial condition and future needs of the city and make such recommendations as may to the manager seem desirable; (6) perform such other duties as may be prescribed by this charter or required by the city council, not inconsistent with this charter. (As amended by vote of the people on November 6, 1979.)

Section 3.04 Council Not to Interfere: Neither the city council nor any of its committees or members shall direct or request the appointment of any person to, or any person's removal from office by the city manager or by any of the manager's subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative services of the city. 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 committee or members thereof shall give orders to any subordinates of the city manager either publicly or privately; provided, however, that nothing herein shall be construed to prohibit the council, while in session, from fully discussing with the city manager and department heads anything pertaining to city affairs nor to prohibit city council, nor any committee or members thereof from seeking the assistance of the city attorney as provided for in Section 3.06 of this charter. (As amended by vote of the people on November 6, 1973, and November 8, 1994.)

Section 3.05 City Clerk, Duties of: (Deleted by vote of the people on November 6, 1979 by which vote the people directed that the duties of the city clerk be set by ordinance.)

Section 3.06 City Attorney, Duties of: It shall be the duty of the city attorney to advise the city council, city manager, and all other officers of the city on legal matters connected with their duties, to draft ordinances, resolutions, and all other required legal documents, to prosecute violations of city ordinances, and to represent the city in all litigation in which it is interested, and to perform such other duties as may be assigned.

Section 3.07 Administrative Departments: There shall be a department of finance, department of personnel, and such other departments as may be established by ordinance.

Section 3.08 Directors of Departments: At the head of each department, there shall be a director who shall have supervision and control of the department, subject to the city manager. Two or more departments may be headed by the same individual; the city manager may head one or more departments, and directors of departments may also serve as chiefs of divisions.

Section 3.09 Departmental Divisions: The work of each department may be distributed among such divisions thereof as may be established by ordinance or resolution. Pending the passage of an ordinance or resolution distributing the work of departments under the supervision and control of the city manager among specific divisions thereof, the city manager may establish temporary divisions.