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ARTICLE 1. INCORPORATION, FORM OF GOVERNMENT, POWERS
Incorporation
Section 1-1. The city of Clinton, Oklahoma, within the corporate limits as now established or as hereafter may be established, shall continue to be a municipal body politic and corporate in perpetuity under the name of "City of Clinton". It shall succeed to and possess all the property, rights, privileges, franchises, powers, and immunities now belonging to the corporation known as the city of Clinton; and shall be liable for all debts and other obligations for which the corporation is legally bound at the time this charter goes into effect.
Form Of Government
Section 1-2. The municipal government provided by this charter shall be known as a "council-manager government". All powers of the city shall be exercised in the manner prescribed by this charter, or, if the manner is not thus prescribed, then in such manner as the council may prescribe by ordinance.
Powers Of The City
Section 1-3. The city shall have all powers, functions, rights, privileges, franchises, and immunities granted to cities by the state constitution and law, and all the implied powers necessary to carry into execution all the powers granted. Except as prohibited by the state constitution or law, the city shall have all municipal powers, functions, rights, privileges, franchises, and immunities of every name and nature whatsoever.
The city shall have power to adopt a corporate seal and to alter it at pleasure, to sue and to be sued, and to make contracts. It shall have power to acquire property within or without its corporate limits for any city purpose, including public utilities, works, and ways, in fee simple or any lesser interest or estate, by purchase, gift, devise, lease, condemnation, or other legal means; and to hold, maintain, improve, enlarge, manage, control, operate, lease, sell, convey, or otherwise dispose of, such property as its interests may require, including public utilities, works, and ways. It shall have power to incur indebtedness and to issue bonds within the limitations prescribed by the state constitution. It shall have power to accept and administer federal and state grants-in-aid and to do everything necessary to accomplish the purpose or purposes for which such grants may be made. It shall have power to ordain and to enforce local legislation for the proper organization and functioning of the city government, for the preservation and enforcement of good government and order, for the protection of health, life, morals, and property, for the prevention, summary abatement, and removal of nuisances, and otherwise for the promotion of the common welfare. It shall have power to grant, extend, and renew franchises in accordance with the state constitution.
The enumeration or mention of particular powers by this charter shall not be deemed to be exclusive or limiting; and in addition to the powers enumerated or mentioned herein or implied hereby, the city shall have all powers which, under the state constitution and law, it would be competent for this charter specifically to enumerate or mention.
Provisions of state law relating to matters which may be regulated by cities operating under charters, shall be in effect only insofar as they are applicable and are not superseded by this charter or by ordinance.
ARTICLE 2. THE COUNCIL
Councilmen: Number, Qualifications
Section 2-1. There shall be a council of five members, which shall consist of the mayor and one councilman from each of the four wards of the city as the wards are now constituted or as they may hereafter be constituted by ordinance. Unless otherwise clearly indicated by the context, the words "councilman" and "councilmen" shall include the mayor as well as other councilmen.
Only qualified electors of the city who are freeholders in the city, shall be qualified for the office of mayor. Only qualified electors residing in the city and at the time of their election, in their respective wards, who are freeholders in the city, shall be qualified for the offices of councilmen from the wards. Removal of a councilman from one ward to another within the city after his election or selection to fill a vacancy, or a change in ward boundaries, shall not disqualify him from completing his term. No councilman may hold any office in the city government by appointment by the city manager or by any subordinate of the city manager.
Mayor And Vice Mayor
Section 2-2. The mayor shall preside at meetings of the council. He shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law. He shall have all powers, rights, privileges, duties, and responsibilities of councilmen, including the right to vote on questions. He shall have no regular administrative duties except that he shall sign such written obligations of the city as the council may require.
At the first meeting after the time prescribed for the beginning of the terms of newly elected councilmen, or as soon thereafter as practicable, the council shall elect one of its members vice mayor, who shall serve as such until the next such first meeting. The vice mayor shall act as mayor during the absence or disability of the mayor, or, if a vacancy occur in the office of mayor, until another mayor is elected by the council and qualifies. If the office of vice mayor becomes vacant, the council shall elect from its members another vice mayor for completion of the unexpired term.
Councilmen: Compensation
Section 2-3. The mayor shall be paid a salary of $75.00 per month, and each other councilman shall be paid a salary of $50.00 per month; but they may not receive any other compensation as mayor or councilman nor for any other service rendered the city, other than expenses.
Council: Powers
Section 2-4. Except as otherwise provided in this charter, all powers of the city, including the determination of all matters of policy, shall be vested in the council. Without limitation of the foregoing, the council shall have power, subject to the provisions of this charter:
(1) To appoint and remove the city manager;
(2) By ordinance to enact municipal legislation;
(3) To raise revenue and make appropriations; and to regulate bond elections, the issuance of bonds, sinking funds, the refunding of indebtedness, salaries and wages, and all other fiscal affairs of the city;
(4) To inquire into the conduct of any office, department, or agency of the city government, and investigate municipal affairs;
(5) To appoint or elect and remove the members of the personnel board, the members of the planning commission, the members of the board of adjustment, and other quasi-legislative, quasi-judicial, or advisory officers and authorities, now or when and if established, or to prescribe the method of appointing or electing and removing them;
(6) To grant pardons for violations of the charter and ordinances, including the remission of fines and costs;
(7) To regulate elections, the initiative and referendum, and recall;
(8) To regulate the organization, powers, duties, and functions of the municipal court and of the minor violations bureau when and if established;
(9) To create, change, and abolish all offices, departments, and agencies of the city government other than the offices, departments, and agencies created by this charter; and to assign additional powers, duties, and functions to offices, departments, and agencies created by this charter.
Council Not To Interfere In Appointments And Removals
Section 2-5. Neither the council, the mayor, nor any of its other members may direct or request the appointment of any person to, or his removal from, office or employment by the city manager or by any other authority, or, except as provided in this charter, participate in any manner in the appointment or removal of officers and employees of the city. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager; and neither the council nor any member thereof may give orders on administrative matters to any subordinate of the city manager either publicly or privately.
City Clerk To Be Clerical Officer Of Council
Section 2-6. The city clerk, hereinafter provided for, shall also serve as clerical officer of the council. He shall keep the journal of its proceedings, and shall enroll in a book or books kept for the purpose all ordinances and resolutions passed by it; shall be custodian of such documents, records, and archives as may be provided by applicable law or ordinance; shall be custodian of the seal of the city; and shall attest, and affix the seal to, documents when required in accordance with applicable law or ordinance.
Council: Meetings
Section 2-7. The council shall hold at least one regular meeting every month, at such time as it may prescribe by ordinance or otherwise. The mayor or any three councilmen may call special meetings. All meetings of the council shall be open to the public, and the journal of its proceedings shall be open to public inspection.
Councilmen: Absences To Terminate Membership
Section 2-8. If the mayor or any other councilman shall be absent from more than one-half of all the meetings of the council, regular and special, held within any period of six consecutive calendar months, he shall thereupon cease to hold office.
Councilmen: Removal
Section 2-9. The mayor or any other councilman may be removed from office for any cause specified by applicable state law for the removal of officers, and by the method or methods prescribed thereby, and by recall as provided in this charter.
Council: Vacancies
Section 2-10. The council, by majority vote of its remaining members, shall fill vacancies in its own membership, including the office of mayor, for the unexpired terms or until successors are elected as provided in this section. If a vacancy occurs before the beginning of a regular filing period for candidates for councilmen, and the unexpired term extends beyond the time when the terms of councilmen elected that year begin, then a councilman for that place shall be elected at the elections of that year to serve the rest of the unexpired term beginning at the time the terms of councilmen elected that year begin.
Council: Quorum, Rules, Yeas And Nays
Section 2-11. A majority of all of the members of the council shall constitute a quorum, but a smaller number may adjourn from day to day or from time to time. The council may determine its own rules. On the demand of any member, the vote on any question shall be by yeas and nays, and shall be entered in the journal.
Ordinances: Enacting Clause
Section 2-12. The enacting clause of all ordinances passed by the council shall be, "Be it ordained by the council of the city of Clinton, Oklahoma", and of all ordinances proposed by the voters under their power of initiative, "Be it ordained by the people of the city of Clinton, Oklahoma".
Ordinances: Passage, When In Effect
Section 2-13. Every proposed ordinance shall be read, and a vote of a majority of all the councilmen shall be required for its passage. The vote on final passage of every ordinance shall be by yeas and nays, and shall be entered in the journal. The mayor shall have no power of veto. Within ten days after its passage, every ordinance shall be published in full in a newspaper of general circulation within the city; provided that, in lieu of publication in full, ordinances which relate to traffic, building, housing, plumbing, electrical wiring or installations, fire or explosion prevention and safety, milk and milk products and other foods and beverages, the protection of the public health and safety, planning and zoning, land plats, subdivision, and annexation, may be published by number, title, and condensed gist or summary in such a newspaper within said period. Every ordinance except an emergency ordinance, so published, shall become effective thirty days after its final passage unless it specifies a later time; provided that an ordinance granting a franchise to a public utility shall not go into effect until it has been published in full in a newspaper of general circulation within the city and has been approved at an election by a vote of a majority of the qualified electors voting on the question.
Ordinances: Emergency
Section 2-14. An emergency ordinance is an ordinance which in the judgment of the council is necessary for the immediate preservation of peace, health, or safety, and which should become effective prior to the time when an ordinary ordinance would become effective. Every such ordinance shall contain, as a part of its title, the words, "and declaring an emergency"; and in a separate section, herein called the emergency section, shall declare the emergency. An affirmative vote of at least four councilmen shall be required for the passage of an emergency ordinance. An emergency ordinance shall take effect upon passage and publication unless it specifies a later time.
Ordinances: Adoption By Reference
Section 2-15. The council by ordinance may adopt by reference codes, ordinances, standards, and regulations relating to building, plumbing, electrical installations, milk and milk products, and other matters which it has power to regulate otherwise. Such code, ordinance, standard, or regulation so adopted need not be enrolled in the book of ordinances; but a copy shall be kept in the office of the city clerk.
Ordinances: Codification
Section 2-16. The permanent, general ordinances of the city shall be codified and published in book or pamphlet form at least every ten years unless the council, by use of a loose-leaf system, provides for keeping the code up-to-date. The ordinances and parts of ordinances included in the code may be revised, rearranged, and reorganized; and the code may contain new matter, provisions of the state constitution and law applicable to the city, and this charter. A copy of the published code shall be filed in the office of the city clerk after the council adopts the code by ordinance, but the code need not be enrolled in the book of ordinances.
ARTICLE 3. CITY MANAGER AND ADMINISTRATIVE DEPARTMENTS
City Manager: Appointment, Term, Qualifications, Removal
Section 3-1. There shall be a city manager. The council shall appoint him for an indefinite term by a vote of a majority of all its members. It shall choose him on the basis of his executive and administrative qualifications. At the time of his appointment, he need not be a resident of the city or state; but, during his tenure of office, he shall reside within the city. The council may suspend or remove the city manager at any time by a vote of a majority of all its members; provided that the council shall give him a written statement of the reason for removal at least twenty days before removal, and on request shall give him an opportunity for a public hearing thereon after the expiration of such time before removing him.
Absence Or Disability Of City Manager
Section 3-2. To perform his duties during his temporary absence or disability, the city manager may designate by letter filed with the city clerk a qualified administrative officer of the city to be acting city manager. If the city manager fails to make such designation, the council may appoint an acting city manager to serve during such time.
City Manager: Powers And Duties
Section 3-3. The city manager shall be chief administrative officer and head of the administrative branch of the city government. He shall execute the laws and ordinances and administer the government of the city, and shall be responsible therefor to the council. He shall:
(1) Appoint, and when deemed necessary for the good of the service, lay off, suspend, demote, or remove all directors, or heads, of administrative departments and all other administrative officers and employees of the city except as he or this charter may authorize the head of a department, an officer, or an agency to appoint, lay off, suspend, demote, and remove subordinates in such department, office, or agency;
(2) Supervise and control, directly or indirectly, all administrative departments, agencies, officers, and employees;
(3) Prepare a budget annually and submit it to the council, be responsible for the administration of the budget after it goes into effect, and recommend to the council any changes in the budget which he deems desirable;
(4) Submit to the council a report as of the end of the fiscal year on the finances and administrative activities of the city for the preceding year;
(5) Keep the council advised of the financial condition and future needs of the city, and make such recommendations to the council on matters of policy and other matters as may seem to him desirable;
(6) Have such other powers, duties, and functions as this charter may prescribe, and such powers, duties, and functions consistent with this charter as the council may prescribe.
Administrative Departments, Offices, And Agencies
Section 3-4. There shall be a department of finance, a department of law headed by a city attorney, and such other administrative departments, offices, and agencies as this charter establishes and as the council may establish.
Library Board
Section 3-5. There shall be a library board, which shall be head of the library department. It shall consist of six members appointed by the city manager for overlapping terms of three years and to serve until their respective successors have been appointed and qualify. The terms of two members shall begin at 7:30 o'clock P.M. on the second Tuesday in April in every year. The city manager may remove a member for the good of the service, and he may fill vacancies for unexpired terms. Members shall serve without compensation.
Every year, at the time prescribed for the beginning of the terms of new members or as soon thereafter as practicable, the library board shall elect a chairman, a vice chairman, and a secretary; and the secretary need not be a member of the board. It shall determine the time and place of its regular meetings, and the chairman or any four members may call special meetings of the board.
The library board shall have supervision and control of the public library or libraries of the city, and shall appoint the librarian or librarians and all other subordinates, provided that the board may authorize a librarian to appoint his subordinates. The library board may adopt regulations for the administration and operation of the library or libraries, subject to ordinances which the council may enact. (Charter, eff. 4-9-1962)
ARTICLE 4. DEPARTMENT OF FINANCE, FISCAL AFFAIRS
City Clerk: Office Created, Duties
Section 4-1. There shall be a city clerk, who shall be an officer of the city appointed by the city manager for an indefinite term, and who shall be head of the department of finance. Except as the council by ordinance provides otherwise, the city clerk shall collect or receive revenue and other money for the city, shall deposit the same with the city treasurer or for the city treasurer in an account or accounts maintained by the city treasurer in a depository or depositories, and shall maintain a general accounting system for the city government. He shall have such other powers, duties, and functions as may be prescribed by the charter, by applicable law, or by ordinance. (Charter, eff. 4-9-1962)
City Treasurer: Office Created, Duties
Section 4-2. Within the department of finance, there shall be a city treasurer, who shall be an officer of the city appointed by the city manager for an indefinite term. Subject to such regulations as the council may prescribe, the city treasurer shall deposit funds received for the city in such depositories as the council may designate. He shall have such other powers, duties, and functions as may be prescribed by the charter, by applicable law, or by ordinance. (Charter, eff. 4-9-1962)
Purchases And Sales
Section 4-3. The city manager, subject to any regulations which the council may prescribe, shall contract for and purchase, or issue purchase authorizations for, all supplies, materials, and equipment for the offices, departments, and agencies of the city government. Every such contract or purchase exceeding an amount to be established by ordinance, shall require the prior approval of the council. The city manager also may transfer to or between offices, departments, and agencies, or sell, surplus or obsolete supplies, materials, and equipment, subject to such regulations as the council may prescribe.
Before the purchase of, or contract for, any supplies, materials, or equipment, or the sale of any surplus or obsolete supplies, materials, or equipment, ample opportunity for competitive bidding, under such regulations, and with such exceptions, as the council may prescribe, shall be given; but the council shall not except an individual contract, purchase, or sale from the requirement of competitive bidding.
The council by ordinance may transfer some or all of the power granted to the city manager by this section to an administrative officer subordinate to the city manager. (Charter, eff. 4-9-1962)
Sale Of Property Valued At More Than $25,000
Section 4-4. The sale of any property, real or personal, including public utilities, or of any interest therein, the value of which is more than $25,000, shall be made only: 1) by authority of an affirmative vote of a majority of the qualified electors of the city who vote on the question of approving or authorizing the sale at an election; or 2) by authority of a special nonemergency ordinance. Such ordinance shall be published in full in a newspaper of general circulation within the city within ten days after its passage, and shall include a section reading substantially as follows:
"Section . This ordinance shall be referred to a vote of the electors of the city; legal and sufficient referendum petition is properly filed within thirty days after its passage; otherwise it shall go into effect thirty days after its passage."
The amount provided for in this section shall be adjusted every five years based upon the February consumer price index for municipalities of the same size in the Southwest Region. The council shall adopt, by resolution, the appropriate consumer price index at the first meeting in May of the appropriate year and all appropriate adjustments shall be made in this document. (Res. 841, 2-3-2015, election 4-7-2015)
Public Improvements
Section 4-5. The council shall award all contracts for such improvements; provided that the council may authorize the city manager to award such contracts not exceeding an amount to be determined by the council and subject to such regulations as the council may prescribe. A contract for public improvements shall follow the public competitive bidding act of 1974, currently codified at 61 O.S. §101 et seq., and all future amendments and modifications thereto. (Res. 840, 2-3-2015, election 4-7-2015)
Fiscal Year
Section 4-6. The fiscal year of the city government shall begin on the first day of July and shall end on the last day of June of every calendar year. (Charter, eff. 4-9-1962)
Independent Annual Audit
Section 4-7. The council shall designate a qualified public accountant or accountants who shall make an independent audit of the accounts and evidences of financial transactions of the department of finance and of all other departments, offices, and agencies keeping separate or subordinate accounts or making financial transactions, as of the end of every fiscal year at least, and who shall report to the council and to the city manager. In lieu of the above, the council may arrange with an appropriate state authority for such an audit when and if permitted by law. (Charter, eff. 4-9-1962)
ARTICLE 5. MUNICIPAL COURT
Municipal Court
Section 5-1. There shall be a municipal judge, who shall be an officer of the city appointed by the city manager for an indefinite term. The municipal judge shall be, but an acting municipal judge need not be, a licensed attorney of the state. Only the council may suspend or remove the municipal judge or an acting municipal judge, and by a vote of a majority of all its members. The municipal judge shall have original jurisdiction to hear and determine all cases involving offenses against the charter and ordinances of the city; provided that the council by ordinance may create a minor violations bureau with authority to dispose of cases arising out of designated minor violations, such as minor traffic and parking violations, when the accused waives his right to be heard in court, pleads guilty, and pays fines and costs. The municipal judge shall keep a record of all proceedings of the municipal court, of the disposition of all cases, and of all fines and other money collected. The municipal judge may issue warrants of arrest and subpoenas, administer oaths and affirmations, make and enforce all proper orders, rules, and judgments, and punish for contempt. (Charter, eff. 4-9-1962)
ARTICLE 6. NOMINATIONS AND ELECTIONS
Overlapping Terms Of Two Years; Mayor Nominated And Elected At Large; Other Councilmen Nominated And Elected By Wards; Nonpartisan Elections
Section 6-1. At the elections in every even-numbered year, the mayor, the councilman from ward two, and the councilman from ward four shall be elected. At the elections in every odd-numbered year, the councilman from ward one and the councilman from ward three shall be elected. The mayor and other councilmen shall serve for terms of two years beginning at 5:30 o'clock P.M. at the first regular meeting following their election. If the mayor-elect or a councilman-elect fails to qualify within one month thereafter, his office shall become vacant, and the vacancy shall be filled as other vacancies in the council are filled.
The candidates for mayor shall be nominated, and the mayor shall be elected, at large, by the qualified electors of the entire city. Candidates for councilmen from the wards must be qualified electors of their respective wards. Candidates for councilmen from the wards shall be nominated, and councilmen from the wards shall be elected, by the qualified electors of their respective wards.
Both the primary and the general election shall be nonpartisan; and no party designation or emblem shall be placed on the ballots. (Res. 839, 2-3-2015, election 4-7-2015)
Primary Election: Filing
Section 6-2. Any qualified candidate shall have his or her name placed on the ballot for the primary election as a candidate for mayor or councilman by filing a sworn declaration of candidacy with the county election board during the filing period set by resolution of the council. The filing period shall conform as nearly as practical to state law and shall not begin less than fifteen (15) days from the date the resolution is submitted to the county election board and end no less than seventy-five (75) days from the date of the primary election. (Res. 839, 2-3-2015, election 4-7-2015)
Primary Election: Time, Etc.
Section 6-3. A primary election shall be held every year on the Tuesday in August set by state law for special election and of every year thereafter to nominate candidates for the offices on the council the terms of which are expiring. If only one person is a candidate for an office to be filled, he shall be not only nominated, but also elected ipso facto; and his name shall not appear on the primary or general election ballot. Should there be only two candidates for an office to be filed, their names will be placed on the November general election ballot and the names will not appear on the August primary ballot. (Res. 731, 1-18-2005, election 3-15-2005, eff. 3-18-2005)
Primary Election: Who Nominated Or Elected
Section 6-4. In a primary election, the two candidates for each office to be filled receiving the greatest number of votes for that office, shall be nominated; and only their names shall appear on the general election ballot. If one of the candidates for an office receives a majority of all votes cast for all candidates for that office, he alone shall be not only nominated, but also elected ipso facto; and his name shall not appear on the ballot for the general election. In case of failure to nominate one or both candidates for an office because of a tie, the nominee or nominees shall be determined from among those tying, fairly by lot, by the county election board in a public meeting. If one of the two candidates for an office nominated in a primary election dies or withdraws before the general election, the remaining candidate shall be elected ipso facto; and his name need not appear on the ballot for the general election. (Charter, eff. 4-9-1962)
General Election: Time, Who Elected
Section 6-5. A general election shall be held in the city on the Tuesday in November set by state law for special election to elect the councilmen to succeed those whose terms are expiring. The candidate for each office receiving the greater number of votes shall be elected. In case of a tie, the election shall be determined, fairly by lot, by the county election board in a public meeting. (Res. 731, 1-18-2005, election 3-15-2005, eff. 3-18-2005)
Primary And General Elections: When Not Held
Section 6-6. If there are no candidates and no questions to be voted upon at a primary or general election, the election shall not be held.
Registered Qualified Electors
Section 6-7. Only electors residing in this city who have the qualifications prescribed for electors by the state constitution and law, and who are registered as may be required by law, may vote in city elections.
Political Activity Of Officers And Employees
Section 6-8. No officer or employee of the city except the mayor and other councilmen and personnel who receive no compensation for their services, may work for or against, or attempt to influence, the nomination, election, or defeat of any candidate for councilman, or the recall of any councilman; provided that this shall not prohibit the ordinary exercise of one's right to express his opinions and to vote. Any person who violates this section, shall be punished, upon conviction thereof, by a fine not exceeding twenty dollars including costs. Such violation shall constitute cause for removal from office or employment; and if the regular removal authority has not already removed a person who violates this section, he shall be automatically removed by the said conviction of violating this section effective at the expiration of his right of appeal or, in case of appeal, when the case is finally determined.
State Constitution And Law To Govern
Section 6-9. The provisions of the state constitution and law applicable to city elections, shall govern such elections in this city insofar as they are applicable and are not superseded by this charter or by ordinance.
A proclamation of the mayor calling a special election need not (but may) set forth the names of the precinct officers who are to conduct the election, but shall give the locations of polling places.
ARTICLE 7. RECALL
Recall Authorized
Section 7-1. The incumbent of any elective city office, including a person appointed to fill a vacancy in any such office, may be recalled from office by the electors qualified to vote for the election of a successor to the incumbent, in the manner provided herein.
Recall Petition
Section 7-2. (1) To initiate recall proceedings, a written statement in duplicate proposing the recall of the incumbent of an elective office, shall be signed by twenty or more registered qualified electors of the city or ward concerned, and shall be filed with the city clerk after the incumbent has held the office at least four months. The statement shall also contain the reason or reasons for which the recall is sought, in not more than two hundred words. Within five days, the city clerk shall mail a copy of such statement by registered, certified, or similar special mail to the officer at his residential address. Within ten days after the statement is mailed to the officer, the officer may make and file with the city clerk a written statement in duplicate justifying his conduct in office, in not more than two hundred words; and the city clerk on request shall deliver one copy to one of the persons filing the statement proposing the recall.
(2) The petition for recall shall include a demand that a successor to the incumbent sought to be recalled be elected, and shall also include before the space where the signatures are to be written the statement giving the reason or reasons for recall under the heading "STATEMENT FOR RECALL", and if the officer has filed a statement as authorized, the statement justifying his conduct in office under the heading "STATEMENT AGAINST RECALL". The two statements shall be in letters of the same size. A copy of the petition shall be filed with the city clerk within one month after recall proceedings are initiated by the filing of the first statement, and before the petition is circulated.
(3) A number of registered qualified electors of the city or ward concerned equal at least to fifteen percent (15%) of the total number of votes cast for governor in the city or ward at the last general state election at which a governor was elected, must sign the petition. Each signer shall write after his name his address within the city, giving street or avenue and number, if any. Not more than one hundred signatures may appear on a single copy of the petition. Petitions may be circulated only by registered qualified electors of the city or ward concerned; and the person who circulates each copy of the petition shall sign an affidavit on the copy stating that each signer signed the petition in his presence, that each signature on the petition is genuine, and that he believes each signer to be a registered qualified elector of the city or ward concerned.
(4) The circulated petition shall be filed with the city clerk not later than one month after the filing of a copy as provided above. Within one month after date of filing of the circulated petition, the city clerk shall examine it and ascertain whether it has been prepared and circulated as required, and whether the required number of registered qualified electors of the city or ward concerned have signed it. He shall then attach his certificate to the petition. If his certificate states that the petition has not been prepared and circulated as required and/or lacks a sufficient number of signatures, the petition shall have no effect unless the decision of the city clerk is appealed from and reversed by the district court. But, if the city clerk's certificate states that the petition has been prepared and circulated as required and has a sufficient number of signatures, he shall submit the petition and certificate to the council at its next meeting. Provided that any qualified elector who has signed said petition or the officer affected may appeal from the decision of the city clerk within five days from the date of such decision to the district court of Custer County.
Recall Election: Council To Order
Section 7-3. The council, by resolution or ordinance passed within ten days after receiving the petition and certificate of the city clerk or after decision of the court, shall order and fix the date for a recall election, which shall be held not less than forty days, nor more than fifty days, after passage of the resolution or ordinance. The city clerk shall cause the resolution or ordinance ordering the election to be published in full in a newspaper of general circulation within the city within ten days after its passage; and such publication shall be sufficient notice of the election.
The qualified electors of the city may vote in a recall election on the election of successors to more than one incumbent of an elective office on the same day.
Recall Election: How Held
Section 7-4. The recall election shall be an election to fill the office held by the incumbent sought to be recalled. There shall be no primary. Any qualified person, including the incumbent, may file as a candidate for the office. The candidate receiving the greatest number of votes in the recall election shall be elected. If a candidate other than the incumbent is elected, the incumbent shall be recalled from office effective as of the time when the result of the election is certified. The said successful candidate must qualify within one month thereafter; and if he fails to do so, the office shall be vacant, and the vacancy shall be filled as other vacancies in the council are filled. A candidate thus elected and qualifying shall serve for the unexpired term. If the incumbent is a candidate and receives the greatest number of votes, he shall continue in office without interruption; and recall proceedings may not again be initiated against him within one year after the election.
The provisions of this charter relating to city elections shall also govern recall elections insofar as they are applicable and are not superseded by the provisions of this article.
Person Recalled Or Resigning
Section 7-5. No person who has been recalled from an office, or who has resigned from office while recall proceedings were pending against him, may hold any office or position of employment in the city government within two years after his recall or resignation.
ARTICLE 8. OFFICERS AND EMPLOYEES GENERALLY
Appointments, Removals, Etc.; Personnel Regulations
Section 8-1. Appointments and promotions in the service of the city shall be made solely on the basis of merit and fitness; and removals, demotions, suspensions, and layoffs shall be made solely for the good of the service. The council, consistently with this charter, by ordinance or personnel rules, may regulate personnel matters and provide for proper personnel administration.
Personnel Board Created
Section 8-2. There shall be a personnel board consisting of three members appointed by the council for overlapping six year terms. The term of one member shall begin July 1 in every even-numbered year. The council shall appoint the three original members so that the term of one will expire at that time in each of the first three succeeding even-numbered years. A member may not hold any other office or position in the city government. The council, by a vote of at least four members, after adequate opportunity for a public hearing, may remove a member for the good of the service; and the vote shall be by yeas and nays and shall be entered in the journal. The council shall fill vacancies for the unexpired terms. Members shall serve without compensation unless the council provides otherwise.
At the time prescribed for the beginning of the term of a newly appointed member or as soon thereafter as practicable, the board shall elect a chairman, a vice chairman, and a secretary; and the secretary need not be a member of the board. The board shall determine the time and place of its regular meetings, and the chairman or two members may call special meetings. The chairman shall have power to administer oaths and affirmations.
The personnel board shall have power to subpoena officers and employees of the city and other persons to testify and to produce documents and other effects as evidence.
Classified And Unclassified Services
Section 8-3. All officers and employees of the city shall be divided into the classified and the unclassified service.
(1) The following shall constitute the unclassified service:
(a) The mayor and other councilmen, and the municipal judge;
(b) The city manager, and one secretary to the city manager;
(c) Members and secretary of each board, commission, or other plural authority;
(d) All personnel who serve without compensation;
(e) Persons appointed or employed on a temporary basis to make or conduct a special audit, inquiry, investigation, study, examination, or installation, or to perform a temporary professional or technical service, subject to such exceptions, limitations, and regulations as the ordinances or personnel rules may prescribe; and such other temporary personnel as may be placed in the unclassified service by ordinance or personnel rules.
(2) All other officers and employees shall be in the classified service; provided that, when the city has over 50,000 people as shown by any last preceding federal census, any of the following may be placed in the unclassified service by ordinance or personnel rules: one assistant city manager if any; the heads, or directors, of administrative departments; and one secretary for each such head, or director, who has a secretary.
(3) Nothing herein shall prohibit including personnel in the unclassified service in the classification plan.
Removal, Etc.; Hearing Before The Personnel Board
Section 8-4. The city manager or any other authority who lays off, suspends without pay for more than ten days, demotes, or removes any regular (that is, nontemporary) officer or employee in the classified service after a probationary period of six months, shall, at that time or within two days thereafter, deliver, or have delivered, or mail by registered, certified, or similar special mail, to the officer or employee a written statement of the reason or reasons for the layoff, suspension, demotion, or removal. Such officer or employee may appeal in writing to the personnel board. The appeal must be filed with the secretary of the board, or with the city clerk for transmittal to the board, within ten (10) days after receipt of notice of the layoff, suspension, demotion, or removal (which appeal may thus be filed either before or after the time of effectiveness of the layoff, suspension, demotion, or removal). As soon as practicable thereafter, the board shall hold a public hearing on the appeal, or give an adequate opportunity therefor, and shall report in writing its findings and recommendations, in cases of subordinates of the city manager, to the city manager, and in other cases to the respective authorities having power of removal; and the city manager or other authority having power of removal shall then make a final decision in writing regarding the appellant's layoff, suspension, demotion, or removal, as the case may be.
Qualifications Of Officers And Employees
Section 8-5. Officers and employees of the city shall have the qualifications prescribed by this charter and such additional qualifications as the council may prescribe; but the council shall not prescribe additional qualifications for councilmen.
Nepotism
Section 8-6. Neither the city manager, the council, nor any other authority of the city government, may appoint or elect any person related to any councilman, to the city manager, or to himself, or, in the case of a plural authority, to one of its members, by affinity or consanguinity within the third degree, to any office or position of profit in the city government; but this shall not prohibit an officer or employee from continuing in the service of the city.
Holding More Than One Office
Section 8-7. Except as may be otherwise provided by this charter or by ordinance, the same person may hold more than one office in the city government. The city manager may hold more than one such office, through appointment by himself, by the council, or by other city authority having power to fill the particular office, subject to any regulations which the council may make by ordinance; but he may not receive compensation for service in such other offices. Also the council by ordinance may provide that the city manager shall hold ex officio designated offices subordinate to the city manager as well as other designated compatible city offices.
Official Bonds
Section 8-8. The city manager, the city clerk, the city treasurer, and such other officers and employees as the council may designate, before entering upon their duties, shall provide bonds for the faithful performance of their respective duties, payable to the city, in such form and in such amounts as the council may prescribe, with a surety company authorized to operate within the state. The city shall pay the premiums on such bonds.
Oath Or Affirmation Of Office
Section 8-9. Every officer of the city, before entering upon the duties of his office, shall take and subscribe to the oath or affirmation of office prescribed by the state constitution. The oath or affirmation shall be filed in the city clerk's office.
Who May Administer Oaths And Affirmations
Section 8-10. All officers authorized by federal or state law, the mayor, the city manager, the city clerk, the municipal judge, and such other officers as the council may authorize, may administer oaths and affirmations in any matter pertaining to the affairs and government of the city.
Removal, Etc., Of Officers And Employees
Section 8-11. Except in the case of the municipal judge, the power to lay off, suspend, demote, and remove accompanies the power to appoint or elect, and the city manager, the council, or other appointing or electing authority at any time may lay off, suspend, demote, or remove any officer or employee to whom he, the council, or the other appointing or electing authority respectively may appoint or elect a successor.
Acting Officers And Employees
Section 8-12. The appointing or electing authority who may appoint or elect the successor of an officer or employee, may appoint or elect a person to act during the temporary absence, leave, disability, or suspension of such officer or employee, or, in case of a vacancy, until a successor is appointed or elected and qualifies, unless the council provides by general ordinance that a particular superior or subordinate of such officer or employee shall act. The council by general ordinance may provide for a deputy to act in such cases. Also an acting municipal judge may be appointed to serve in any case or proceeding for which the municipal judge is disqualified.
Officers To Continue Until Successors Are Elected Or Appointed And Qualify
Section 8-13. Every officer who is elected or appointed for a term ending at a definite time, shall continue to serve thereafter until his successor is elected or appointed and qualifies unless his services are sooner terminated by resignation, removal, disqualification, death, abolition of the office, or other legal manner.
Conflict Of Interest
Section 8-14. Neither any councilman nor the city manager shall sell or barter anything to the city or to a contractor to be supplied to the city; or make any contract with the city; or purchase anything from the city other than those things which the city offers generally to the public (as for example, utility services), and then only on the same terms as are offered to the public. Any such officer violating this section, upon conviction thereof, shall thereby forfeit his office. Any violation of this section, with the knowledge, express or implied, of the person or corporation contracting with the city, shall render the contract voidable by the city manager or the council. This section shall not apply in cases in which the city acquires property by condemnation.
The council by ordinance or personnel rules may further regulate conflicts of interest and ethics of officers and employees of the city.
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