§ 33.002 APPOINTMENT OF ASSISTANTS AND EMPLOYEES.
   (A)   Except as otherwise provided by law or ordinance, the Superintendent of each department shall make and enforce such rules and regulations adopted by the Council as may be necessary to secure efficient conduct of the service of the Commissioner's department and of the business in charge thereof.
   (B)   Except as otherwise provided by statute, the ordinances of the city, applicable labor agreements, and the applicable personnel codes, the Council is vested with the right, power and authority to approve and confirm all appointments and has the power to discharge at any time the heads of all departments subordinate to the Commissioners thereof, as well as any and all employees within such departments. All exofficio members and officers shall have the right to vote.
   (C)   The Commissioner or Mayor in charge of any department shall submit to the Council for its approval his or her candidate for appointment to fill a vacancy of a department head, if the vacancy be created by reason of retirement, resignation or discharge, not less than 15 days before the vacancy shall exist. If the Commissioner or Mayor fails or refuses to submit a candidate for consideration and approval, or if the candidate submitted is not acceptable to the Council, then the Council shall proceed to fill the vacancy. In the event of a vacancy by death, or otherwise without notice, the Commissioner or Mayor in charge of such department shall submit his or her candidate to the Council to fill the vacancy not later than 30 days thereafter.
(Ord. 2001-5083, passed 9-18-2001)