133.01 DEPARTMENT OF MANAGEMENT; POWERS AND DUTIES OF CITY MANAGER.
   (a)   Establishment. The Department of Management in and for the City is hereby established.
   (b)   Direction and Control. The Department of Management shall be under the direction and control of a City Manager and he or she shall be the appointing authority in said Department, having the sole power and authority to appoint and suspend all assistant directors or department heads within the Department. The City Manager upon giving prior notice to Council, the Mayor and the City Law Director, may remove a director or department head within the Department, subject to any applicable civil service law if such person is in the classified service, and subject to any Charter provision. The Manager shall have the sole power and authority to appoint, suspend or remove all other employees within the Department, subject to any applicable civil service law if such person is in the classified service, without prior notice to Council. The City Manager may delegate any or all power and authority he or she possesses to his or her assistant Director or a subordinate department Head. The City Manager may prescribe and assign duties associated with his or her position to any employee in the Department of Management. If a conflict should arise concerning any assigned duty or duties of the City Manager and such conflict can not be resolved by permitting a subordinate within the Department to handle the task, then the Manager shall request Council to assign his or her duty or duties to another officer in the City with respect to such matter and Council is empowered to do so.
   (c)   General Powers and Duties. The City Manager shall be the general manager of the City and shall have those powers and perform those duties customarily held and performed by city managers. The City Manager shall be responsible to Council for the proper administration of all business, affairs and departments of the City, except for the Departments of Finance and Law. To that end, the City Manager shall be considered the chief administrative and executive officer of the City.
   (d)   Specific Powers and Duties. The City Manager shall have the following power, authority, and perform the following duties:
      (1)   To assist the Budget Committee in preparing the annual budget and appropriation program as directed by Council and after adoption thereof, to be jointly responsible with the finance director for its administration; moreover, to Prepare and submit to the Council as of the end of the fiscal year a complete administrative report on the City government for the preceding year;
      (2)   To keep Council advised of the financial condition and future needs of the City, and make such recommendations as the Manager may deem desirable;
      (3)   To recommend to Council a standard schedule of pay for each office and position in the City service under the Manager's control, including minimum, intermediate, and maximum rates; moreover, to negotiate collective bargaining agreements;
      (4)   To attend all Council meetings, unless excused from attendance by the Council President or by Council. He or she shall have the right to participate in Council meetings, but not to vote;
      (5)   To formulate, arrange, and execute contracts or agreements and franchises on behalf of the City, subject to approval by Council as determined by Council; except that the City Law Director and City Finance Director shall award and execute all contracts or agreements specifically pertaining to the operation and functions of their respective departments, subject to approval by Council as determined by Council;
      (6)   To recommend measures for adoption to Council;
      (7)   To see that the laws, ordinances, resolutions and other Council actions are faithfully executed;
      (8)    To appoint a subordinate as Acting City Manager in his or her temporary absence, other than an absence due to suspension. When appointment is made by the City Manager, the Acting City Manager and City Manager shall have concurrent powers and duties during the City Manager's temporary absence. Any appointment of an Acting City Manager by Council pursuant to their authority, shall supersede any appointment made by the City Manager;
      (9)   To establish traffic control in the City in accordance with a procedure established by Council;
      (10)    To generally manage and oversee the operations of subordinate departments under the Department of Management, including the prescribing of general rules and regulations therefor;
      (11)    To recommend to the governing body from time to time adoption of such measures as the Manager may deem necessary or expedient for the health, safety, or welfare of the community or for the improvement of administrative services;
      (12)   To make such recommendations as the Manager deems necessary to Council as to changes in departments or organization of the City;      
      (13)   To be the executing officer of contracts, agreements, deeds, easements, licenses to use real property, trusts, and other documents related to City purchases, sales, transfers, land use, and/or business, except as provided in subsection (d)(5) hereof;   
      (14)   To investigate the affairs which may be under the Manager's jurisdiction of the City or any department or division thereof. Investigate all complaints in relation to matters concerning the administration of the government of the City, and in regard to service maintained by the public utilities in the City, and see that all franchises, permits, and privileges granted by the City are faithfully observed;
      (15)   To call snow emergencies;
      (16)   To have such other powers and perform such other duties, not inconsistent with or contrary to the Charter, as Council may provide.
         (Ord. 48-05. Passed 5-2-05.)