Chapter 1.16 OFFICERS AND DEPARTMENTS

Article I. General Provisions

1.16.010 Creation of officers and departments.

1.16.020 Creation of departments.

1.16.030 Compensation of officers and employees.

1.16.040 Official bonds.

1.16.050 Power to carry out duties.

1.16.060 Enforcement of ordinances, etc.

Article II. City Administrator

1.16.080 City administrator--Selection, compensation and term.

1.16.090 Same--Bond.

1.16.100 Same—General duties.

1.16.110 Same--Removal from office.

1.16.120 Communication between the city administrator and the city council.

1.16.130 Administrative code.

1.16.140 Administrative regulations and directives.

1.16.150 Appeal from administrative rules and regulations.

Article III. City Clerk-Treasurer

1.16.170 Establishment of office--Appointment.

1.16.180 Bond.

1.16.190 Subject to orders, directions, etc.

1.16.200 General duties.

1.16.210 Custody and deposit of funds.

1.16.220 Signing and attesting ordinances and other documents.

1.16.230 Keeping the ordinance book.

1.16.240 Removal of papers or documents from clerk-treasurer’s custody.

Article IV. City Attorney

1.16.260 Election--Term.

1.16.270 Qualifications.

1.16.280 General duties.

1.16.290 Duty to attend council meetings.

1.16.300 Duty to advise and assist mayor, council and city officers.

1.16.310 Prosecution and defense of actions--Appearance in legal proceedings.

1.16.320 Drafting ordinances and instruments--Legal correspondence.

Article I. General Provisions

1.16.010 Creation of officers and departments.

City council may, by ordinance, create, change and abolish offices, departments or agencies of the municipal government in addition to those created by this chapter and may prescribe the functions of all departments, offices and agencies, except that no function assigned by law to a particular department, office or agency may be discontinued or assigned to any other agency. The head of each department shall be designated director thereof and shall have supervision and control over his department, subject, however, to the direction of the city administrator. (Prior code § 1-4-1)

1.16.020 Creation of departments.

There are established and created the following departments of the city:
(1) Administrative;
(2) Fire;
(3) Police;
(4) Public works.
(Ord. O-10-93 § 4 (part), 1993: prior code § 1-4-2)

1.16.030 Compensation of officers and employees.

Compensation for officers and employees shall be as fixed from time to time by council. (Prior code § 1-4-3)

1.16.040 Official bonds.

Any officer or employee who may be so required by the council shall give bond for the faithful performance of his duties, in such sum as may be fixed by the council, with such sureties as may be approved by the council. In case any person fails to present the required bond, with sufficient sureties, within ten days after notice to him from the council, his appointment shall be declared null and void. (Prior code § 1-4-4)

1.16.050 Power to carry out duties.

Department heads, supervisors and all employees of the city are hereby given the necessary authority under the police powers of the city to carry out the duties and responsibilities of their respective offices or positions, including but not limited to the power to delegate such duties and responsibilities. (Prior code § 1-4-5)

1.16.060 Enforcement of ordinances, etc.

All officers and employees shall enforce obedience to such statutes, provisions of this code and any ordinances, resolutions, or rules and regulations, or orders issued thereunder, as may relate to their regular duties, or with whose enforcement they are properly chargeable, by any measures provided therein, by the proper report of any violations thereof, and by instituting such proceedings as may be necessary to such enforcement. (Prior code § 1-4-6)

Article II. City Administrator

1.16.080 City administrator--Selection, compensation and term.

The city council shall appoint a city administrator and fix his compensation. The administrator shall be appointed solely on the basis of executive and administrative qualifications. The administrator need not be a resident of the city upon election, but shall reside within the city during the term of office. The administrator shall serve at the pleasure of the city council for an indefinite term. (Prior code § 1-4-11)

1.16.090 Same--Bond.

The city administrator shall enter into an approved bond in such sum as prescribed by council, conditioned for the faithful and honest performance of the duties of such office. The cost of such bonds shall be borne by the municipality. (Prior code § 1-4-12)

1.16.100 Same—General duties.

The administrator shall be responsible to the council for the proper administration of the policies and affairs of the city, and to that end shall have power and authority and be required to:
(1) Direct, supervise, and coordinate administrative activities and operations;
(2) City administrator shall supervise all department heads, assist council in appointment of same;
(3) Appointment of all other city employees;
(4) City administrator shall recommend to council termination of department heads, but may not terminate without prior approval of a positive majority of council;
(5) Suspend or dismiss other employees;
(6) Prepare a proposed annual operating budget and submit the proposed budget to council for review and consideration;
(7) Have responsibility for administration of annual operating budget after adoption;
(8) Prepare and annually update a five-year capital improvements program and budget;
(9) Recommend and administer personnel policies, classification, compensation and evaluation for all employees;
(10) Monitor the financial condition of the city; estimate present and future financial needs;
(11) Prepare monthly reports on financial activities;
(12) Prepare monthly reports on administrative activities;
(13) Combine or consolidate job positions within departments as necessary or prudent to maximize utilization and efficiency;
(14) Recommend and administer policies governing purchasing procedures and inventory control;
(15) Authorize the purchase of services, materials, supplies, and equipment which do not require the taking of bids, in accordance with guidelines and procedures adopted by council, provided such items are appropriated in the annual budget, capital improvements budget, or revenue sharing budget;
(16) With concurrence of ways and means committee, authorize shifts in departmental budget lines items, provided overall departmental budget appropriations do not change;
(17) Investigate complaints concerning administrative matters and personnel performance;
(18) Prepare and submit to the council at the end of each fiscal year a complete annual report on the finances and administrative activities of the city;
(19) Delegate to other administrative officers, subject to his direction and supervision, the authority to exercise specified duties and responsibilities as may be considered appropriate;
(20) Provide council with information, guidance, and leadership in matters of policy determination;
(21) Perform such other duties as council may direct. (Ord. O-10-07 § 2 (part), 2007; Ord. O-20-99 §§ 2, 3, 1999; prior code § 1-4-13)

1.16.110 Same--Removal from office.

The city administrator may be removed from office by a majority vote of the members of council. Those members voting for removal shall state the reasons for their votes. The action of the council in removing the administrator shall be final. In all cases, the administrator shall receive thirty days’ notice of his removal, or severance pay for thirty days where such removal is made effective immediately by a majority vote of all members of council. (Prior code § 1-4-14)

1.16.120 Communication between the city administrator and the city council.

The city administrator shall relate to and communicate with the mayor and chairpersons of standing council committees, and with city council as a whole, any and all problems, situations and conditions which arise concerning any department or activity of the city which, in the opinion of the administrator, is of significance. Except for the purpose of inquiry, the members of the city council shall communicate directly with the city administrator in any and all matters concerning any department or activity of the city. No member of the city council shall give orders to any subordinate of the city administrator except in case of an emergency. (Prior code § 1-4-15)

1.16.130 Administrative code.

The administrative code shall be a compilation of administrative policies and procedures which are embodied in the municipal charter, statutory law, or city ordinances. (Prior code § 1-4-16)

1.16.140 Administrative regulations and directives.

(a) Administrative regulations shall be issued by the city administrator.
(b) Administrative directives shall be issued by department heads, or chairpersons of the standing committees, and shall be approved by the city administrator. (Prior code § 1-4-17)

1.16.150 Appeal from administrative rules and regulations.

(a) Every citizen who shall be held to be in violation of any rule, regulation or directive of the municipality through its normal governmental operation shall have recourse by appeal to council except for those violations handled by the courts.
(b) To perfect his appeal, the petitioner must reduce it to writing by citing the violation, date and time, and all the facts bearing thereon as he sees them, and present it to council or the city clerk-treasurer for transmittal to council at its next session.
(c) Council shall have the right to deny the petition or to alter, amend or rescind the rule, regulation or directive, as its investigation shall advise. (Prior code § 1-4-18)

Article III. City Clerk-Treasurer

1.16.170 Establishment of office--Appointment.

There shall be an officer of the municipality known as the city clerk-treasurer, who shall be appointed by administrator. (Prior code § 1-4-31)

1.16.180 Bond.

The city clerk-treasurer, prior to entering upon the performance of office, shall enter into an approved bond in such sum as prescribed by council, conditioned for the faithful and honest performance of office duties. (Prior code § 1-4-32)

1.16.190 Subject to orders, directions, etc.

The city clerk-treasurer shall be subject to the orders and directions of the city administrator. (Prior code § 1-4-33)

1.16.200 General duties.

In addition to other duties that may be assigned by the administrator, the clerk-treasurer shall:
(1) Be the general accountant for the municipality, maintaining a complete set of books and accounts, which shall comprise all of the financial transactions of the municipality through the various departments under their respective appropriations.
(2) Attend all meetings of council, take minutes thereof, and record the same in a suitable book, and keep an index book in connection therewith in which shall be indexed the subject matter of important matters in the proceedings of council, with a reference to the page of the record where such matters appear, and lay before council any communications and other papers. He shall have the proceedings of council promptly published in a local newspaper when so required by council.
(3) Be charged with the preservation of all papers, records and documents of every description pertaining to the city, and so arrange and file all such papers in packages or cases as will facilitate access to them, arranging and filing same according to their subject matter, and numbering the packages or cases numerically.
(4) Keep an index book, in which shall be entered alphabetically the names or subject matter of such papers and documents, and the number of the packages or cases in which the same are to be found.
(5) Issue all notices, personal and general, which the interest, convenience, laws and orders of the municipality require in the administration of its government.
(6) Communicate to the administrator all acquired information which may contribute to the efficiency of government and welfare of the people. (Prior code § 1-4-34)

1.16.210 Custody and deposit of funds.

The clerk-treasurer shall, subject to direction of the administrator, be the custodian of all municipal funds, and shall receive all fines, taxes, license fees, assessments and other money due and payable to the municipality unless hereinafter otherwise provided, and shall take official custody and responsibility for the same. The clerk-treasurer shall promptly deposit all municipal funds so received to the account in such depositories as the administrator shall direct. (Prior code § 1-4-35)

1.16.220 Signing and attesting ordinances and other documents.

The clerk-treasurer shall sign and attest all ordinances, deeds, contracts or other documents which require official signature. (Prior code § 1-4-36)

1.16.230 Keeping the ordinance book.

The clerk-treasurer shall keep an ordinance book as a permanent record and shall enter therein a copy of all ordinances enacted. (Prior code § 1-4-37)

1.16.240 Removal of papers or documents from clerk-treasurer’s custody.

No original paper or document shall be taken out of the custody of the clerk-treasurer, except upon the written order of the administrator. Each person shall give a receipt to the clerk-treasurer showing which paper or document has been removed from the file. (Prior code § 1-4-38)

Article IV. City Attorney

1.16.260 Election--Term.

A city attorney shall be elected by council and serve for such term as council may desire. (Prior code § 1-4-51)

1.16.270 Qualifications.

The council shall elect a lawyer of good and reputable standing who shall possess the qualifications of and be a practicing attorney duly licensed in the state; provided, however, that such attorney shall not be elected from the membership of the council. The city attorney must have had at least two years experience at the bar. (Prior code § 1-4-52)

1.16.280 General duties.

The attorney shall discharge all the duties prescribed by the laws of the state. He shall exercise diligence that council and officers do not fall into errors of law in the management of the corporate affairs of the municipality. (Prior code § 1-4-53)

1.16.290 Duty to attend council meetings.

The attorney shall attend city council meetings when notified. (Prior code § 1-4-54)

1.16.300 Duty to advise and assist mayor, council and city officers.

When requested, the attorney shall give his advice, direction and assistance to the mayor, council, standing committees or special committees and all other officers duly charged with the administration of the municipality. He shall likewise advise and assist the police officers in the performance of their duties. (Prior code § 1-4-55)

1.16.310 Prosecution and defense of actions--Appearance in legal proceedings.

The attorney shall prosecute and defend all civil actions in which the city may be a party and shall prosecute on behalf of the city all criminal cases in the municipal court whenever requested to do so by the mayor or council. The attorney shall appear on behalf of the municipality and its officers in all legal proceedings to which any have an interest as an official of the municipality. (Prior code § 1-4-56)

1.16.320 Drafting ordinances and instruments--Legal correspondence.

The attorney, when directed by the administrator, shall prepare the draft of any ordinance or instrument in writing when the mayor or council may desire, and he shall conduct the correspondence on all legal subjects. All ordinances shall be submitted to the attorney for approval as to form prior to submission to council. (Prior code § 1-4-57)