CHAPTER V. POWERS AND DUTIES OF OFFICERS.
      Section 23. Mayor. The Mayor shall preside over all meetings and deliberations of the City Council. The Mayor shall nominate for appointment by a majority of the Council, Liaison Councilors, members of all committees, heads of departments, other persons as required by the Council, laws, rules or ordinances. The Mayor shall have no veto power. The Mayor shall be privileged to all City business. The Mayor shall preserve order, enforce ordinances and Council rules, determine the order of business, and shall be responsible for the efficient, legal and orderly conduct of City business. The Mayor shall sign all warrants and all legal documents approved by the Council and shall be an ex-officio member of all boards and commissions of the City. The Mayor shall, annually or semiannually, communicate a general statement of the condition of the affairs of the City of Rockaway Beach and recommend the adoption of such measures as the Mayor may deem expedient and proper.
      Section 24. Appointed Officers. The duties required of persons appointed to fill offices established by the Council shall be as prescribed in the applicable ordinance, resolution, job/position description, contract or service agreement adopted by the Council when appointing persons to those offices.
      Section 25. City Manager.
         1)   The City Manager is the administrative head of the city government.
         2)   A majority of the council shall appoint and may remove the manager. The appointment shall be without regard to political considerations and solely on the basis of administrative and managerial qualifications.
         3)   The manager need not reside in the city or the state when appointed.
         4)   Upon accepting the appointment, the manager shall furnish the city a bond in an amount and with a surety approved by the council. The city shall pay the bond premium.
         5)   The manager shall be appointed for a definite or an indefinite term and may be removed by the council at its pleasure. Within six consecutive months after a vacancy occurs in the office, the council shall fill the vacancy by appointment.
         6)   The manager shall:
            a.   Attend all council meetings unless excused by council or mayor;
            b.   Keep the council advised of the affairs and needs of the city;
            c.   See that the provisions of all ordinances are administered to the satisfaction of the council;
            d.   See that all terms of franchises, leases, contracts, permits, and privileges granted by the city are fulfilled;
            e.   Appoint, discipline and remove appointive personnel, except appointees of the mayor or council;
            f.   Supervise and control the manager's appointees in their service to the city;
            g. Organize and reorganize the departmental structure of city government subject to Council approval;
            h.   Prepare and transmit to the council an annual city budget;
            i.   Supervise city contracts;
            j.   Supervise operation of all city-owned public utilities and property; and
            k.   Perform other duties as the council prescribes consistently with this charter.
         7)   The city manager may not exercise control of:
            a.   The municipal judge's functions when the City Manager and Municipal Judge offices are held by different persons;
            b.   Appointive personnel whom the City Manager does not appoint, except as the Council authorizes.
         8)   The manager and other personnel whom the council designates may sit with the council but may not vote on questions before it. The manager may take part in all council discussions.
         9)   When the manager is absent from the city or disabled from acting as manager, or when the office of manager becomes vacant, the council shall appoint a manager pro tem, who has the powers and duties of manager, except that the manager pro tem may appoint or remove personnel only with the approval of the council. No person may be manager pro tem more than six consecutive months.
         10)   Except in council meeting, or as authorized by Council, no council member may directly or indirectly, by suggestion or otherwise, attempt to influence the manager or a candidate for the office of manager in the appointment, discipline, or removal of personnel or in decisions regarding city property or contracts. A violator of this prohibition may be removed from office by a court of competent jurisdiction. In council meeting, members of the council may discuss with, or suggest to, the manager anything pertinent to city affairs.
      Section 26. Municipal Judge.
         A.   If he/she creates the office of Municipal Judge and fills it by appointment, the appointee shall hold within the City at a place and times that the Council specifies, a court known as the Municipal Court for the City of Rockaway Beach, Tillamook County, Oregon.
         B.   Except as this Charter or City ordinance prescribes to the contrary, proceedings of the Court shall conform to general laws of this state governing justices of the peace and justice courts.
         C.   All area within the City and, to the extent provided by state law, area outside the City, is within the territorial jurisdiction of the Court.
         D.   The Municipal Court has original jurisdiction over every offense that an ordinance of the City makes punishable. The Court may enforce forfeitures and other penalties that such ordinances prescribe.
         E.   The Municipal Judge shall have the authority to:
            1.   Render judgments and, for enforcing them, impose sanctions on persons and property within the Courts territorial jurisdiction;
            2.   Order the arrest of anyone accused of an offense against the City;
            3.   Commit to jail or admit to bail anyone accused of such an offense;
            4.   Issue and compel obedience to subpoenas;
            5.   Compel witnesses to appear and testify in the trial of matters before the court;
            6.   Penalize contempt of court;
            7.   Issue process necessary to effectuate judgments and orders of the Court;
            8.   Issue search warrants;
            9.   Perform other judicial and quasi-judicial functions prescribed by ordinance; and
            10.   Perform other duties necessary to carry out his/her proscribed authority.
         F.   The Council may authorize the Municipal Judge to appoint municipal judges pro tem for terms of office set by the Judge or the Council.
         G.   Notwithstanding this section, the Council may transfer some or all of the functions of the Municipal Court to an appropriate state court.
         H.   When not governed by ordinances or this Charter, all proceedings in the Municipal Court for the violation of a City ordinance shall be governed by the applicable general laws of the state governing justices of the peace and justice courts or by the general laws of the state governing state court designated or appointed by the Council.