An ordinance of the city Council of the City of Falconville amending the Falconville Municipal Code by adding Section 2.05, creating and establishing the office of City Administrator; defining the duties and powers thereof and providing for the enactment and effective date thereof.

The City Council of the City of Falconville does ordain as follows:

Section 2.05.010: OFFICE CREATED: The office of the City Administrator of Falconville is hereby created and established.

Section 2.05.020: APPOINTMENT: The City Administrator shall be appointed by the City Council by at least four affirmative votes wholly on the basis of his administrative and executive ability and qualifications and shall hold office for and during the pleasure of the City Council.

Section 2.05.030: ELIGIBILITY: No member of the City Council shall be eligible for appointment as City Administrator until one year has elapsed after such Council member shall have ceased to be a member of the City Council.

Section 2.05.040: BOND: The City Administrator and Acting City Administrator shall furnish a corporate surety bond to be approved by the City Council in such a sum as may be determined by the said City Council, and shall be conditioned upon the faithful performance of the duties imposed upon the City Administrator and Acting City Administrator as herein prescribed. Any premium for such a bond shall be a proper charge against the City of Falconville.

Section 2.05.050: ABSENCE: During any temporary absence or disability of the City Administrator, the city Administrator, by filing a written notice with the City Clerk, shall designate a qualified city employee to exercise the powers and perform the duties of City Administrator during his temporary absence or disability.

In the event the City Administrator's absence or disability extends over a two-month period, the City Council may, after the two-month period, appoint an Acting City Administrator.

Section 2.05.060: COMPENSATION: The City Administrator shall receive such compensation as the city Council shall determine from time to time.

In addition, the City Administrator shall be eligible for comparable health and other benefits accorded to city employees.

Further, the City Administrator shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties.

On termination of employment of the City Administrator by reason of involuntary removal from service other than for willful misconduct in office, the City Administrator shall receive a cash severance pay in a lump sum equal to one month's pay.

Section 2.05.070: POWERS AND DUTIES: The City Administrator shall be the administrative head of the government of the City of Falconville under the direction and control of the City Council, except as otherwise provided in this ordinance.

He shall be responsible for the efficient administration of all the affairs of the City which are under his control. In addition to his general powers as administrative head, and not as a limitation thereof, it shall be his duty and he shall have the powers set forth in the following subsections.

A. LAW ENFORCEMENT: It shall be the duty of the City Administrator to enforce all laws and ordinances of the City of Falconville and to see that all franchises, contracts, permits and privileges granted by the City Council are faithfully observed.

B. AUTHORITY OVER EMPLOYEES: It shall be the duty of the City administrator, and he shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the City of Falconville under his jurisdiction through their department heads.

C. POWER OF APPOINTMENT AND REMOVAL: It shall be the duty of the City Administrator to, and he shall appoint, remove, promote and demote any and all departmental officers of the City of Falconville except the City Treasurer, Auditor and City Attorney, subject to all applicable personnel ordinances, rules and regulations. Each departmental head shall appoint employees, remove or discipline their employees. All personnel rules and policies in conflict are hereby repealed.

D. ADMINISTRATIVE REORGANIZATION: It shall be the duty of and the responsibility of the City Administrator to conduct studies and effect such administrative reorganization of offices, positions, or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business.

E. ORDINANCES: It shall be the duty of the City Administrator and he shall recommend to the City Council for adoption such measures and ordinances as he deems necessary.

F. ATTENDANCE AT COUNCIL MEETINGS: It shall be the duty of the City Administrator to attend all meetings of the City Council unless at his request he is excused therefrom by the Mayor individually or the City Council, except when his removal is under consideration.

G. FINANCIAL REPORTS: It shall be the duty of the City Administrator to keep the City Council at all times fully advised as to the financial condition and needs of the City.

H. BUDGET: It shall be the duty of the City Administrator to prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval.

I. EXPENDITURE CONTROL/PURCHASING: It shall be the duty of the City Administrator to see that no expenditures shall be submitted or recommended to the City Council except on approval of the City Administrator or his authorized representative. The City Administrator, or his authorized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the City.

J. INVESTIGATIONS AND COMPLAINTS: It shall be the duty of the city Administrator to make investigations into the affairs of the City and any department or division thereof, and any contract or the proper performance of any obligations of the City. Further, it shall be the duty of the City Administrator to investigate all complaints in relation to matters concerning the administration of the City government and in regard to the service maintained by public utilities in said City.

K. PUBLIC BUILDINGS: It shall be the duty of the City Administrator and he shall exercise general supervision over all public buildings, public parks, and all other public property which are under the control and jurisdiction of the City Council.

L. ADDITIONAL DUTIES: It shall be the duty of the City Administrator to perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other official action of the City Council.

Section 2.05.080: INTERNAL RELATIONS:

A. COUNCIL-ADMINISTRATOR RELATIONS: The City Council and its members shall deal with the administrative service of the City only through the City Administrator, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders or instructions to any subordinates of the City Administrator.

The City Administrator shall take his orders and instructions from the City Council only when sitting in a duly convened meeting of the City council and no individual councilman shall give any orders or instructions to the city Administrator.

B. DEPARTMENTAL COOPERATION: It shall be the duty of all subordinate officers as well as the City Auditor, City Treasurer, and City Attorney to assist the City Administrator in administering the affairs of the City efficiently, economically, and harmoniously.

C. ATTENDANCE AT COMMISSION MEETINGS: The City Administrator may attend any and all meetings of the Planning Commission, Parks and Recreation Commission, and any other commissions, boards or committees created by the City Council, upon his own volition or upon direction of the City Council.

At such meetings which the City Administrator attends, he shall be heard by such commissions, boards or committees as to all matters upon which he wishes to address the members thereof, and he shall inform said members as to the status of any matter being considered by the City Council, and he shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the City Council.

Section 2.05.090: REMOVAL PROCEDURE:

A. REMOVAL OF CITY ADMINISTRATOR: The removal of the City Administrator shall be effected only by four-fifths vote of the whole City Council as then constituted, convened in a regular Council meeting, subject, however, to the provisions of the next succeeding subsections.

In case of his intended removal by the City Council the City Administrator shall be furnished with a written notice stating the Council's intention to remove him, at least thirty (30) days before the effective date of removal.

If the City Administrator so requests, the City Council shall provide in writing reasons for the intended removal, which shall be provided the City Administrator within seven (7) days after the receipt of such request from the City Administrator, at least fifteen (15) days prior to the effective date of such removal.

B. HEARING: Within seven (7) days after the delivery to the Administrator of such notice of intention to remove, he may by written notification to the City Clerk, request a hearing before the City Council.

Thereafter, the City Council shall set a fixed time for the hearing which shall be held at its usual meeting place, but before the expiration of the thirty-day period, at which the City Administrator shall appear and be heard, with or without counsel.

C. SUSPENSION PENDING HEARING: After furnishing the City Administrator with written notice of intended removal, the City Council may suspend him from duty. His compensation shall continue until his removal by action of the Council passed subsequent to the aforesaid hearing.


CITY COUNCIL -- © 1999 by Richard Cameron