a. The City Manager shall be chosen by the Council solely on the basis of his executive and administrative qualifications. The choice shall not be limited to inhabitants of the City or State. The City Manager shall be administrative head of the municipal government and shall be responsible for the efficient administration of all departments.
b. The City Manager shall be appointed for an indefinite period. He shall be removable by the majority vote of the whole membership of Council. If removed at any time after six months, he may demand written charges and a public hearing on the same before the Council prior to the date on which his final removal shall take effect. But during such hearing the Council may suspend him from office. During the absence, suspension, or disability of the City Manager the Council shall designate some properly qualified person to perform the duties of the office.
c. The powers and duties of the City Manager shall be:
(1) To see that the laws and ordinances are enforced.
(2) To appoint all officers and employees of the City, except members of the City Council and such officers as Council is hereby authorized to elect and employ, or cause to be employed, to wit: the City Manager, the City Recorder, the Judge of the Police Court and the Auditor; but all appointees or employees shall be upon merit and fitness alone.
(3) To exercise supervision and control over all departments and divisions created herein or that hereafter may be created by the Council, except the Council and other officers by it appointed.
(4) To attend all meetings of Council with the right to take part in discussion, but having no vote.
(5) To recommend to the Council for adoption such measures as he may deem necessary or expedient.
(6) To keep Council fully advised as to the financial conditions and needs of the City.
(7) To approve for payment all vouchers prepared by the City Recorder, when the expenditure has been authorized by Council by proper appropriation, and the payment is otherwise proper to be made.
(8) To supervise the conduct and performance of the duties of other officers and employees of the City, except the members of the City Council, reporting to such Council any failure of performance of duty by any of the other appointees of such Council, and enforcing the proper performance of their duties by the officers appointed by him and by the City Council, to the end that the City's business shall be efficiently and economically transacted; and
(9) The City Manager shall act as purchasing agent and purchase all supplies and materials for all departments of the City government, and make sale of all property of the City not needed or suitable for the public use (when and after such sale has been authorized by the City Council) in such manner as the Council may direct: provided, however, that he shall not make any contract involving an expenditure in excess of two thousand dollars ($2,000.00) without first obtaining assent of Council so to do, which said assent shall be made a matter of record and properly entered upon the journal or minute book by the City Recorder; he shall submit to contractors for competitive bids, on forms approved by Council, all proposals for construction work to be done for or by the City and all improvements to be made for or by the City; all supplies to be used by the City and all materials purchased by the City for construction of any public improvements or for any other City purpose, shall be done, performed, made and purchased on competitive bids. All proposals for such shall be upon precise specifications, and notice of the requirements of the City shall be given to dealers in supplies and materials of the kind required who by reason of location are best able to furnish same at lower prices. All bids and offers shall be filed and preserved in the office of the City Recorder. In purchasing limited quantities of materials or supplies, or in case of an emergency, the City Manager may purchase or contract the expenditure in a sum not exceeding two thousand dollars ($2,000.00) without the assent of Council or the delay necessary to secure competitive bids or offers to supply same.
Council shall have the power and right to reject any or all bids or estimates for construction or improvements and may cause such work to be done, or improvements to be made otherwise than upon competitive bids, when in their opinion such bids are excessive.
(Ord. of 10-10-91.)
(10) To perform such other duties as may be prescribed by this Charter or be required of him by ordinance or resolution of the Council.
(11) The City Manager shall devote his whole working time to the performance of the duties of his office, and while occupying such office shall not engage, directly or indirectly, or be actively interested in any business other than the performance of his duty concerning the affairs of the City of Martinsburg.
(12) The City Manager shall have authority to grant, in writing, to the officers so appointed the power necessary or proper for the purposes above mentioned; to define their duties in writing, to allow them reasonable compensation (said compensation to be approved by Council), and to require and take from them such bonds, obligations or other writings as shall be necessary or proper to insure the faithful performance of their several duties. (Ord. of 5-9-66)
(13) The City Manager is responsible for the collection of all taxes due the City and in the determination of the correctness of any tax returns or assessments of taxes due the City, and the City Manager or his designee shall have the power to examine any books, papers, documents, records, memoranda, inventories, or equipment bearing upon matters required to be included in the tax return, and require that said books, papers, documents, records, memoranda, inventories, or equipment bearing upon matters required to be included in the tax return be produced for review, and may make test checks of tax yields.
(Ord. 93-1. Passed 1-11-93.)