A. Appointment: The office of city manager has been heretofore created and established under existing law and shall continue in force and effect as an appointed office of the city. The city council shall appoint a qualified person to act as city manager. Pursuant to Utah Code Annotated section 10-3b-302, as amended, the mayor shall have the right to vote in the appointment of the city manager.
B. Term Of Office And Severance Pay: The city manager shall serve at the pleasure of the city council and may be terminated at any time with or without cause by a majority vote of the city council. Pursuant to Utah Code Annotated section 10-3b-302, the mayor shall have the right to vote in the dismissal of the city manager. In any case where the city manager is removed without cause, the city shall pay to the city manager severance pay equal to six (6) months' salary and benefits at the current rate at the time of removal. The city manager position is an at will position and is exempt from the protections of Utah Code Annotated section 10-3-1105(1)(a), as amended. As such, the city manager may be terminated with or without cause and shall not be entitled to due process appeal procedures as set forth in Utah Code Annotated section 10-3-1106, as amended.
C. Office: The city manager shall maintain an office in city hall and shall spend such time in the performance of his or her duties as is necessary or as may be required from time to time by the city council, but not less than forty (40) hours per week. The city manager need not be a resident or qualified elector of the city, but should maintain his or her residence within a reasonable driving distance of the city.
D. Resignation: Before voluntarily resigning from the position of city manager, the city manager shall give the city council at least thirty (30) days' notice in writing of his or her intent to resign.
E. Other Employment: The city manager shall not accept any outside employment in addition to employment by the city without prior annual written approval of the city council.
F. Powers Of Mayor Not Delegated: The legislative and judicial powers and ceremonial functions of the mayor, his or her position as chairman of the city council, and any ex officio position he or she may hold, shall not be delegated to the city manager. Any changes to the powers and duties of the mayor, as delegated to the city manager, shall comply with applicable provisions of Utah Code Annotated section 10-3b-303, as amended.
G. Duties: The city manager shall at all times be under the control and supervision of the city council, and shall administer the day to day operations of the city and its services according to the policies and programs established by the city council. The following duties and the authority to perform them are hereby delegated to the city manager. The city manager may delegate his or her duties to department heads or other subordinates as deemed appropriate.
1. Appointment And Removal Of Employees: The city manager may recommend to the mayor and city council the appointment or removal of appointed officers, whose employment or appointment may be terminated only by the city council. The city manager shall have authority to hire and terminate all other department heads with the advice and consent of the city council. The city manager shall have authority to hire and terminate all other city employees. The city manager may delegate the authority to hire or terminate employees by authorizing the head of a department to hire, suspend or remove subordinates in such department in accordance with city personnel policies and procedures.
2. Interpretation Of Policy: The city manager shall, whenever a question of the interpretation or operation of city policy arises, consult with the mayor, who has full executive authority to interpret, apply and implement city policy, subject to review, further direction and revision of policy by the city council at its meetings. Whenever the mayor has been called upon to interpret, apply or implement city policy, the city council shall be notified thereof at or prior to the next meeting of the city council, in order that the city council may consider city policy in light of its executive interpretation, application, implementation and administration.
3. Supervision: The city manager has general supervisory authority over all city employees and shall provide direct supervision to and have direct responsibility over all department heads. The city manager shall manage, direct or otherwise supervise the construction, reconstruction, maintenance or repair of public works and related facilities and activities, such as, but not limited to, the following: parks, playgrounds, cemeteries, waterworks, storm sewers, drains, ditches, culverts, streets, watercourses, curbs and gutters, sidewalks, alleys, lanes, bridges, garbage collection and municipal buildings.
4. Property: The city manager shall be responsible for the care and custody of all real and personal property of the city, including equipment, buildings, parks and all other city property which is not by law, city ordinance or job description, assigned to some other department, employee, office or body for care and control.
5. Buildings And Safety: The city manager shall oversee the issuing of building permits; the inspection of buildings, plumbing, electrical, mechanical and other installations; and supervise and oversee all functions of the public safety department.
6. Purchasing And Claims: The city manager shall act as purchasing agent for the city. As such, the city manager shall see that all goods purchased by and for the city are received as per contract, shall approve all claims before presentation to the city council for payment, and shall enforce and carry out all provisions of the ordinances of the city relating to purchasing.
7. Council Meetings: The city manager shall attend all meetings of the city council and may take part in the discussion and to recommend to the city council adoption of such measures as the city manager may deem necessary or expedient.
8. Budget And Finances: The city manager shall act as the budget officer for the city and shall perform or cause to be performed all of the duties of such office as set forth in the Utah uniform municipal fiscal procedures act. The city manager shall prepare the budget annually and submit it to the city council, together with a message describing the important features, and shall administer the budget after its adoption. The city manager shall also exercise budgetary control over city departments and services, preaudit claims and disbursements of city funds, keep the city council advised as to the financial condition and needs of the city, and make such recommendations to the city council as may be desirable.
9. Contracts: The city manager shall review and make recommendations to the city council concerning all proposed contracts to which the city may be a party and shall see that the terms of any contract to which the city is party are fully performed by all parties thereto.
10. Policy Proposals: The city manager shall propose plans and programs concerning the development, operation and needs of the city and submit such plans to the city council to be approved and developed as policy.
11. Management Controls: The city manager shall set performance standards and exercise managerial control to ensure that the city government is functioning in the most efficient and effective manner.
12. Organization: The city manager shall recommend creation and organization of all necessary departments, divisions, bureaus and offices necessary for the government of the city to the city council for its approval prior to implementation.
13. Records: The city manager shall examine the books, records and official papers of the city departments and offices.
14. Emergencies: The city manager shall serve as emergency services director with duties as prescribed under the Farmington City emergency preparedness plan.
15. Emergency Notification: The city manager shall notify the mayor immediately upon the city manager's cognizance of any emergency situation existing in any department or office under his or her supervision where the emergency threatens to interrupt normal city operations. The city manager will then inform members of the city council of the emergency as soon as is reasonably possible.
16. Utility Billing Disputes: The city manager shall settle disputes regarding utility billings and fees in accordance with policies and procedures as set by resolution or ordinance of the city council.
17. Other: The city manager shall have such other powers and shall perform such other duties and obligations as may be required of him or her by state law or by ordinance or resolution of the city council.
H. Duties Of Mayor Relative To City Manager: The duties of the mayor relative to the city manager shall be as follows:
1. Appointment And Removal Of City Manager: The mayor shall recommend the appointment or removal of the city manager, with or without cause, to the city council, and may vote on the appointment or dismissal of the city manager as provided by law.
2. Appointment Of Appointed Officers: The mayor shall appoint appointed officers of the city, with the advice and consent of the city council, as more particularly provided in section 3-1-020 of this chapter. The city manager may recommend the appointment or removal of appointed officers to the mayor and city council.
3. Boards And Committees: The mayor, with the advice and consent of the city council, shall appoint persons to fill openings on city boards, committees and commissions.
I. Duties And Powers Of City Council Relative To City Manager: The duties and powers of the city council relative to the city manager shall be as follows:
1. Appointment And Removal Of City Manager: The city council shall appoint and remove, with the participation of the mayor as provided by law, the city manager by majority vote thereof. The city council may conduct annual performance evaluations of the city manager.
2. Policy: The city council shall pass upon and determine all questions of policy unless such policies relate to the administrative duties of the city manager as defined in this section, in which case the city manager may create policies as needed to perform his or her defined duties.
3. Appointments: The city council shall give advice and consent to the appointment of all officers and the appointment of persons to city boards, committees and commissions, as more particularly provided by law and in these ordinances.
4. Administration: The city council shall create new departments and organize the city's administration. (Ord. 2012-18, 5-15-2012; amd. 2016 Code)