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The Council shall set salaries for all officers and employees of the City, including those officers and employees provided for in departments having control of their own definite revenues and funds, except for salaries specifically set or otherwise provided for by the Charter. Salaries shall be set by ordinance, unless otherwise set through collective bargaining agreements approved by the Council and entered into in accordance with the provisions of state law. Collective bargaining shall be conducted in accordance with procedures established by ordinance; provided, however, the ordinance shall provide an opportunity for the Mayor to participate in a committee established to give advice and instructions with respect to the City’s bargaining position in the meet and confer process. This committee shall also advise with respect to salaries set by ordinance.
No officer of the City shall be compensated by fees or commissions. No officer of the City shall retain any fee, recompense or compensation received by him or her for the discharge of any duty of office from any person other than the City, but shall immediately pay over to the Treasurer all money received.
The Council shall by ordinance fix the amounts and terms of the official bonds of all officers and employees of the City who are required by the Charter or by ordinance to give a bond. These bonds shall be approved by the City Attorney as to form, and shall be filed with and remain in the keeping of the Office of the City Clerk. The City shall pay the premium on any official bond required by the Charter or ordinance.
(a) City Attorney Opinion. Any board, board member, officer or employee of the City may request the City Attorney to render an opinion concerning the obligation of the board, board member, officer (other than a member of the Council), or employee under applicable laws to refrain from voting or acting upon any matter, contract, sale or transaction to which the board, board member, officer or employee may be a party, or concerning any situation where it would violate state law or where it may not be in the public interest for the board, board member, officer or employee to act in a particular matter, contract, sale or transaction. Likewise, any elected City officer may request an opinion with respect to any board member.
If the City Attorney receives such a request, the City Attorney shall render a written opinion. If the request is made by an elected City officer concerning a board member, the opinion shall be rendered within ten days of the City Attorney’s receipt of the request; provided, however, that if the City Attorney determines that the request does not contain sufficient information upon which to render an opinion, the City Attorney shall notify the person making the request, and the time within which the City Attorney must render the opinion shall not commence until that information has been provided to the City Attorney.
(b) Transfer to the Board of Referred Powers. If the City Attorney renders an opinion concluding that the board, board member, officer or employee is disqualified from acting under applicable law, or that it is not in the public interest for the board, board member, officer or employee to act in the matter, contract, sale or transaction involved, the board, board member, officer or employee shall be disqualified from acting on or in any way attempting to influence action on the matter. Except as otherwise provided in this section, the matter shall be transferred for action to the Board of Referred Powers, which is hereby created. In the event that one or more members of a board, but less than a quorum, are disqualified from acting pursuant to the opinion of the City Attorney, the member or members so disqualified shall not act on the matter, but the matter shall not be transferred to the Board of Referred Powers. If state law makes it unlawful for the board to act in the matter by reason of the disqualification of one or more members, the matter shall be transferred for action to the Board of Referred Powers.
Unless a transfer is prohibited by applicable state law, the Board of Referred Powers is vested with the same power to act upon any matter, contract, sale or transaction transferred to it with the same force and effect as if acted upon by the board, officer or employee from whom the matter, contract, sale or transaction was transferred. The Council shall provide by ordinance for all matters relating to number of members, appointment and functioning of the Board of Referred Powers and the procedure applicable in referring matters to it for its determination.
Except as otherwise provided in the Charter, management authority shall be vested in the Mayor who shall be the Chief Executive Officer of the City and shall devote his or her entire time to the duties of the office. The Mayor shall execute and uphold all laws and ordinances of the City.
The Mayor shall have the power and duty to:
(a) exercise management authority over all departments, agencies and appointed offices of the City, except where the Charter provides otherwise;
(b) appoint and remove staff as may be needed to perform the duties and carry out the responsibilities of the Mayor’s office, subject only to budgetary appropriation;
(c) unless provided otherwise in the Charter, appoint chief administrative officers of City departments and appointed offices, and the members of the boards of commissioners created by the Charter, each subject to Council confirmation as provided in the Charter;
(d) unless otherwise provided in the Charter, appoint the members of standing commissions and boards created by ordinance that are advisory to or manage a department or appointed office, or perform regulatory functions, subject to Council confirmation as provided in the Charter;
(e) remove from office any chief administrative officer or commissioner, except where otherwise provided in the Charter;
(f) publicly address the Council on the state of the City, annually prior to the submission of the proposed budget;
(g) prepare and submit the Mayor’s proposed annual budget to the Council for consideration in accordance with Article III of the Charter;
(h) represent the City in intergovernmental relations in accordance with City policy and supervise the City’s intergovernmental relations function;
(i) declare a local emergency and coordinate the City’s emergency response activities in accordance with procedures established by ordinance, and supervise emergency preparedness activities in the various departments and offices, including the Mayor’s office, in a manner consistent with City policy;
(j) establish procedures and implement policies not inconsistent with the Charter or ordinance as are necessary to effectively manage and supervise the responsibilities entrusted to the Mayor through the issuance of executive directives, which, in the absence of conflicting provisions in the Charter or ordinance, and until revised or rescinded by the Mayor, shall be binding on all departments, commissions, appointed officers and employees of the City. Executive directives shall be filed with the City Clerk and be published in the manner described in Section 251. Executive directives shall take effect 15 days after publication;
(k) certify in writing to the Council, for each appointment that requires Council confirmation, that in the Mayor’s opinion the appointee is especially qualified by reason of training and experience for the position, and that the appointment is made solely in the interest of the City; and
(l) perform other duties and have other powers as are provided elsewhere in the Charter or by ordinance.
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