(a) The Clerk of Council shall be elected by a majority of the members elected to Council present and voting within seven days from the commencement of their term.
(b) The Clerk of Council shall, once elected, serve the entire term of Council unless such person dies, resigns or unless removed from such office in accordance with the provisions of this subsection. No Clerk of Council shall be removed from office except for gross misconduct, or misfeasance, malfeasance or nonfeasance in or disqualification for office, or for the conviction while in office of a crime involving moral turpitude, or for persistent failure to abide by the Rules of Council, or for absence without justifiable excuse from three consecutive regular meetings of Council, further provided that such removal shall not take place without the concurrence of two-thirds of all the members elected to Council nor until the Clerk so accused shall have been notified in writing at least ten days in advance of any hearing upon such charge, and the Clerk or the Clerk's counsel has been given the opportunity to be heard, present evidence or examine any witness appearing in support of such charge or charges.
(c) The Clerk of Council, except as provided in subsection (g) hereof, shall not hold any elective office within the City or be a candidate for any elective office while serving as Clerk of Council. (Ord. 89-7. Passed 12-18-89.)
(d) The office hours of the Clerk of Council shall be determined by Council.
(Ord. 93-35. Passed 6-7-93.)
(e) The Clerk of Council shall receive such various benefits as set forth for employees in Chapter 143 and shall also be subject to all general rules and regulations governing City employees not otherwise inconsistent herewith.
(f) The position of the Clerk of Council involves responsible administrative and clerical work. The requirements of the work shall include:
Considerable experience in full-time secretarial work of a progressively responsible nature; graduation from high school including or supplemented by courses in business and secretarial subjects, or any equivalent combination of experience and training which provides the following knowledges, abilities and skills:
(1) Knowledge of modern office practices, systems and procedures;
(2) Knowledge or ability to acquire such knowledge within a reasonable period of training, of the functions, purposes, duties and operations of municipal government;
(3) Ability to maintain complex official records;
(4) Ability to establish office procedures and priorities and to supervise personnel;
(5) Ability to read and comprehend moderately complex laws, ordinances, rules and regulations;
(6) Ability to make minor decisions in accordance with laws, ordinances, rules and regulations;
(7) Ability to prepare routine correspondence and other items;
(8) Skill in the taking and transcribing of dictation and the use of a dictaphone;
(9) Skill in the use of a typewriter, recording equipment, word processor and other general office equipment;
(10) Skill in shorthand/speedwriting or comparable ability;
(11) Skill in typing (not less than sixty words per minute);
(12) Ability to initiate and carry out research projects; and
(13) Ability to deal with people.
(g) If the Clerk of Council is unable to attend any regular or special meeting of Council, a temporary acting Clerk of Council shall be designated by the President of Council, or in the absence of the President, by the Presiding Officer. In the event the Clerk of Council is unable due to injury, illness, disease or other justifiable cause to attend regular or special meetings of Council or otherwise perform the duties and functions of the position for an extended period, Council shall designate a temporary acting Clerk of Council.
(h) In the case of death, resignation or removal from office of the Clerk of Council, Council shall by motion declare the office of Clerk of Council vacant and shall appoint a new Clerk provided, however, that a new Clerk shall not be appointed until after the Council advertises the availability of the position not less than once a week for two consecutive weeks in a newspaper of general circulation in the City and have interviewed all persons who have made written application by the date specified in the advertisement.
(i) The functions, duties and job classification of the Clerk of Council shall encompass the following items:
(1) Serve as office manager of the Office of Council;
(2) Attend all regular and special meetings of Council, and act as recording secretary thereat;
(3) Maintain, or cause to be maintained, accurate, timely and complete records of all official Council documents;
(4) Prepare, or supervise the preparation of, timely and accurate records and minutes of all regular and special Council meetings and proceedings, and public hearings if requested by Council or a committee thereof;
(5) Receive, sort and accept on behalf of the Council and the members thereof, all communications which may necessitate Council deliberation and consideration;
(6) Prepare, or supervise the preparation of, the Agenda for Council meetings under the direction of the President of Council, and cause to be delivered to each member of Council, the Mayor and each department and division head a copy thereof;
(7) Attend all public hearings conducted by Council or a committee thereof and record the minutes for same if requested by Council or a committee thereof;
(8) Answer all inquires directed to ordinances, resolutions, Council proceedings and official Council records, or direct such inquiries to the proper City official for answer;
(9) Be responsible for the custody, maintenance, distribution and sale, pursuant to instructions of Council, of all copies of the Codified Ordinances, and the sale of copies of the City Charter, ordinances, resolutions and other public documents of Council where no provision for the sale is otherwise made by ordinance or resolution;
(10) Be responsible for the preparation of all transcripts of Council meetings, and other documents, when such transcript and documents relate specifically to appropriations, notes, bonds and tax levies;
(11) Be responsible for the posting, publishing, advertising and certification of ordinances, resolutions, other actions, approved minutes of regular and special meetings of Council, notices, hearings and other documents as required by the Municipal Ordinances, the City Charter or statutory law including any public notice of hearings on applications authorized by and filed pursuant to the Zoning Code on matters before Council, and to all property owners of land adjacent and abutting such area proposed for public hearing on matters submitted to and before Council, pursuant to the City Charter, ordinance or resolution;
(12) Prepare regular and special reports of various Council committee meetings when requested by the committee, and attend same as recording secretary when requested by the committee and cause to be kept minutes of each such committee meeting so attended which shall be kept in report form;
(13) Transmit to other City officials, department and division heads, copies of all ordinances, resolutions or related information pertaining to the respective departments or divisions;
(14) Have the duty of ensuring that all Council and committee meetings are held in accordance with law and ordinance and that appropriate notices thereof are posted and published as required by the City Charter and ordinances;
(15) Compose and attend to all correspondence relative to the office and to assist Council or any member thereof by obtaining information upon the request of Council or any member thereof necessary to the formulation of an ordinance, resolution or other matter to be promptly proposed for consideration by Council and action by Council;
(16) Provide each member of Council a summary of all matters referred to a committee of Council and/or member of the Administration within a reasonable time following each regular Council meeting and shall post a summary list in the Council Chamber prior to the next regular meeting of Council. The summary shall include the subject matter referred, the date of referral, the name and members of the committee and/or member of the Administration to which the matter has been referred, the author/sponsor of the communication, ordinance, resolution or other matter so referred, previous action, if any, by the Council, and a brief statement of its then present status;
(17) Shall be responsible for the recording of regular and special meetings of Council, and public hearings if requested by Council or a committee thereof, and the care and custody of the tapes, which shall be kept for one year after acceptance by Council of printed minutes. The audio tapes shall be stored in the Council Office and shall not be released from the office;
(18) Prepare for distribution at the end of each year a cumulative index and report of the adopted legislation and summary of the proceedings of Council.
A copy of the cumulative index and report shall be furnished to any resident of the City who has requested same and has paid the fee therefore as has been set by ordinance or resolution of Council;
(19) Receive and furnish to all members of Council a copy of the reports, minutes and proceedings of all boards and commissions;
(20) Serve as custodian of all ordinances, resolutions, motions and other actions adopted by Council and all papers and documents kept by Council;
(21) Type legislation when requested by any member of Council; and
(22) Perform such other and further duties as may be required by formal action of Council.
(j) The Clerk of Council shall work directly under the general direction and supervision of the President of Council and the Clerk's methods of performance is the Clerk's sole responsibility as long as such performance is accomplished within the established policies, rules and regulations as established by Council. Any decision of the President of Council relating to the direction and supervision of the Clerk of Council shall be subject to subsection (i)(22) hereof.
(Ord. 89-7. Passed 12-18-89.)