The City Manager shall be the chief executive, administrative and law enforcement officer of the Municipality. The City Manager shall be responsible to the Council for the administration of all Municipal affairs placed in the City Manager's charge by or under this Charter, the ordinances of the Municipality and State laws. The City Manager shall have the following powers and duties:
(a) He or she shall appoint and, when he or she deems it necessary for the good of the service, suspend or remove or otherwise discipline all municipal employees and appointive administrative officers, except as provided for by or under this Charter, in the manner provided by the rules adopted by the Civil Service Commission pursuant to this Charter. He or she may authorize any administrative officer who is subject to his or her direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. He or she shall not have the power or authority to appoint, remove, suspend or discipline the Director of Law or any member of any board or commission established under this Charter.
(b) He or she shall direct and supervise the administration of all departments, offices and agencies of the Municipality, except as otherwise provided by this Charter.
(c) He or she shall attend all Council meetings and shall have the right to take part in discussion, but may not vote.
(d) He or she shall see that all laws, provisions of this Charter and ordinances and resolutions of the Council, subject to enforcement by him or her or by officers subject to his or her direction and supervision, are faithfully executed.
(e) He or she shall prepare and submit the annual budget and capital program to the Council.
(f) He or she shall submit to Council and make available to the public a complete report on the finances and administrative activities of the Municipality as of the end of each fiscal year.
(g) He or she shall make such other reports as the Council may require concerning the operations of Municipal departments, offices, boards, commissions and agencies subject to his or her direction and supervision.
(h) He or she shall keep the Council fully advised as to the financial condition and future operating and capital needs of the Municipality and make such recommendations to the Council concerning the affairs of the Municipality as he or she deems desirable.
(i) He or she shall require reports and information of subordinate officers and employees of the Municipality as he or she deems necessary in the orderly operation of the Municipality or when requested to do so by the Council or any board or commission of the Municipality.
(j) He or she shall be the contracting officer of the Municipality and shall award and execute contracts and agreements on behalf of the Municipality in the manner and under the procedures required by this Charter, provided that:
(1) When the expenditure of funds for the purchase of supplies or materials, or to provide labor for any work to be performed under a contract, exceeds the amount specified by the laws of the State of Ohio for which such purchases or work may be accomplished without advertisement and competitive bidding, such expenditure shall first be authorized and directed by ordinance passed by the Council. The City Manager shall recommend to Council the lowest and best bid, and upon approval of Council may award a written contract to the lowest and best bidder after advertisement on the same days of each week for not less than two nor more than four consecutive weeks in a newspaper determined by the Council to be of circulation within the Municipality.
(2) Compensation of persons and employees, contracts with persons, firms or corporations for services requiring specialized skill, knowledge or training, and expenditures required because of a real and present emergency arising in connection with the maintenance, operation or repair of Municipal buildings, equipment and facilities, and Municipal services, when authorized by ordinance adopted by a two-thirds vote of all members of the Council, need not be advertised and notices need not be published as provided hereinabove.
(3) Modifications and changes to contracts awarded under competitive bidding, and in excess of the amount specified by the laws of the State of Ohio for which such purchases or work may be accomplished without advertisement and competitive bidding, shall first be authorized by ordinance.
(4) The City Manager may designate an administrative officer or employee of the Municipality to act as purchasing agent to award and execute contracts, orders or agreements on behalf of the Municipality, when such contracts, orders or agreements do not authorize an expenditure of money in excess of five thousand dollars ($5,000).
(5) The City Manager or any other person designated by him or her as purchasing agent shall not willfully cause or allow any contract or order to be split or divided into separate orders or contracts in order to avoid the requirements of paragraph (j)(4) hereof or the requirements of competitive bidding as provided by this Charter.
(k) He or she shall execute on behalf of the Municipality all contracts and agreements, except as otherwise provided in subsection (j) hereof regarding the designation of a purchasing agent, conveyances, evidences of indebtedness and other instruments to which the Municipality is a party.
(l) He or she shall affix to official documents and instruments of the Municipality the City Manager's seal which shall be the seal of the Municipality, but the absence of the seal shall not affect the validity of any such document or instrument.
(m) He or she shall perform such other duties and have such other powers as are conferred or required by this Charter, by any ordinance or resolution of the Council, or by the laws of the State of Ohio.
(Amended Nov. 2, 1993; Nov. 4, 2003)