Sec. 5.  EXECUTIVE POWERS OF THE MAYOR.
   The Mayor shall be the chief executive officer of the Municipality.  The Mayor shall supervise the administration of the Municipality’s affairs and shall exercise control of all departments and divisions.  The Mayor shall be the chief conservator of the peace within the territory of the Municipality, and shall see that all laws and ordinances are enforced therein.
   Subject to the other provisions of this Charter, the Mayor shall have the power to appoint, promote or transfer any officer or employee of the Municipality except those required by this Charter to be elected by a vote of the people or appointed exclusively by the Council and except for the head of any department established or provided by this Charter who shall be appointed by the Mayor, subject to the confirmation of the Council.  The Mayor may appoint a Secretary to the Mayor who shall serve at the Mayor’s pleasure and whose employment may be terminated by the Mayor with or without just cause and without the right of appeal to the Employee Discipline Appeal Board.
   The Mayor shall have the power to discipline, suspend, reduce in rank, and/or discharge from employment any officer or employee of the Municipality, for incompetence, gross neglect of duty, gross immorality, habitual drunkenness, failure to obey orders given them by the proper authority, or for any other reasonable or just cause.  Any suspension, reduction in rank, or removal from employment of any employee who is appointed exclusively by the Council or who is appointed by the Mayor subject to the confirmation of the Council may be appealed to the Council.
   Except as otherwise provided in this Charter, any suspension, reduction in rank, or removal from employment may be appealed to the Employee Discipline Appeal Board as provided by this Charter.
   The Mayor shall also be responsible for the preparation and submission of the annual estimate of receipts and expenditures, and of appropriation measures, and shall at all times keep the Council fully advised as to the financial condition and needs of the Municipality.  The Mayor shall see that all terms and conditions imposed in favor of the Municipality or its inhabitants in any franchise or contract to which the Municipality is a party are faithfully kept and performed.
   The Mayor shall execute on behalf of the Municipality all contracts, conveyances, evidences of indebtedness and all other instruments to which the Municipality is a party.  The Mayor shall have the custody of the seal of the Municipality and may affix it to all the above- mentioned instruments, but the absence of the seal shall not affect the validity of any such instrument.  The Mayor shall be recognized as the official and ceremonial head of the Government of the Municipality by the Governor for military purposes, and by the courts for the purpose of serving civil processes.
(Amended 11-3-98)