The Council shall, by an affirmative vote of a majority of all its members, appoint a City Manager for an indefinite term and fix the compensation. The Manager shall be appointed solely on the basis of executive and administrative qualifications. The City Manager need not be a resident of the City or State at the time of appointment, but may reside outside the City while in office only with the approval of the Council. (Amended 11-4-75.)
The Council may remove the Manager from office in accordance with the following procedures:
A) The Council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the Manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the Manager.
B) Within five (5) days after a copy of the resolution is delivered to the Manager, the Manager may file with the Council a written request for a public hearing. This hearing shall be held at a Council meeting not earlier than fifteen (15) days nor later than thirty (30) days after the request is filed.
The Manager may file with the Council a written reply not later than five (5) days before the hearing.
C) The Council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all its members at any time after five (5) days from the date when a copy of the preliminary resolution was delivered to the Manager, if the Manager has not requested a public hearing, or at any time after the public hearing if one is requested.
The Manager shall continue to receive a salary until the effective date of a final resolution of removal. The action of the Council in suspending or removing the Manager shall not be subject to review by any court or agency.
(Amended 11-4-75.)
By letter filed with the Clerk of Council, the Manager shall, within sixty (60) days of appointment, designate, subject to approval of the Council, a qualified City Administrative officer to exercise the powers and perform the duties of Manager during any absence or disability. During such absence or disability, the Council may revoke such designation at any time and appoint another qualified City administrative officer to serve until the Manager shall return, the disability shall cease, or a new manager is appointed. (Amended 11-4-75.)
The City Manager shall be the chief administrative officer of the City. The Manager shall be responsible to the Council for the administration of all City affairs placed in his or her charge by or under this Charter. The Manager shall have the following powers and duties:
A) Appoint and, when he or she deems it necessary for the good of the service, suspend or remove all City employees and appointive administrative officers provided for by or under the Charter, except as otherwise provided by law, the Charter, or personnel rules adopted pursuant to this Charter. He or she may authorize any administrative officer who is subject to the direction and supervision of the Manager to exercise these powers with respect to subordinate officers in that department, office or agency.
B) Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter.
C) Attend all Council meetings and shall have the right to take part in discussion but may not vote.
D) See that all laws, provisions of this Charter and acts of Council, subject to enforcement personally or by officers subject to his or her direction and supervision, are faithfully executed.
E) Prepare and submit to Council and make available to the public, an annual budget providing a complete financial plan of all City funds and activities for the ensuing fiscal year which, except as required by law or this Charter, shall be in such form as the Manager deems desirable unless Council requires otherwise. He or she shall explain the budget both in fiscal terms and in terms of work programs, including any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes, and a summary of the City's debt position.
F) Prepare and submit annually to the Council and make available to the public, a capital program to including a list of all capital improvements proposed, pending, or in process of construction or acquisition, with appropriate supporting information as to the necessity for such improvements. The capital program shall further include cost estimates, methods of financing and recommended time schedules for each such improvement and the estimated annual cost of operating and maintaining the facilities to be constructed or acquired.
G) Submit to the Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year.
H) Make such other reports as the Council may require concerning the operations of City departments, offices and agencies subject to his or her direction and supervision.
I) Keep the Council fully advised as to the financial condition and future needs of the City and make such recommendations to the Council concerning the affairs of the City as he or she deems desirable.
J) Perform such other duties as are specified in this Charter or may be required by the Council. (Amended 11-4-75.)
K) The City Manager shall be recognized as head of the City government by the Governor, or other designated State of Ohio authorities, for purposes of military law and Emergency Management, with timely notice to the Mayor and the City Council whenever this particular authority is exercised. (Added 11-8-2005)