(A) Creation of office. The office of City Manager is hereby created.
(Prior Code, § 31.020)
(B) Appointment. The City Manager shall be appointed by majority vote of the City Council for an indefinite term. He or she shall be chosen by the Council solely on the basis of his or her executive and administrative qualifications with special reference to his or her actual experience in or his or her knowledge of accepted practice in respect to the duties of his or her office hereinafter set forth. At the time of his or her appointment, he or she need not be a resident of the city or the state, but during the tenure of office, he or she shall reside within the city. No Council member shall receive such appointment during the term for which he or she shall have been elected nor within one year after the expiration of his or her term.
(Prior Code, § 31.021)
(C) Removal.
(1) The City Council may remove the City Manager at any time by a majority vote of its members.
(2) The City Manager shall have 15 days from the date of notice of removal to request a public hearing. If a public hearing is requested, the Council shall, within 30 days from the notice of removal, hold a public hearing on the matter.
(3) During the interim, the Council may suspend the Manager from duty but shall continue his or her salary and, if the removal becomes final, shall pay his or her salary for 30 days following the final removal date.
(Prior Code, § 31.022)
(D) Powers and duties. The City Manager shall be the administrative head of the city government and shall be responsible for the administration of all departments. To that end, he or she shall have power and shall be required to:
(1) Appoint and suspend or remove, when necessary for the good of the city, all officers and employees of the city with the exception of the City Clerk and the City Attorney, who shall be appointed by the City Council. Suspensions and removals of city employees by the City Manager shall be subject to the grievance procedure of the Personnel Ordinance. The City Manager may authorize the head of a department or office to appoint, suspend, or remove subordinates in such department or office. All appointments, suspensions, and removals shall be reported by the City Manager to the City Council at its next meeting;
(2) Prepare the budget annually; submit it to the Council, together with a message describing the important features; and be responsible for its administration after adoption;
(3) Prepare and submit to the Council as of the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year;
(4) Keep the Council advised of the financial condition and future needs of the city and make such recommendations as he or she may deem desirable;
(5) Recommend to the Council a standard schedule of pay for each appointive office and position in the city service, including minimum, intermediate, and maximum rates;
(6) Recommend to the Council, from time to time, the adoption of such measures as he or she may deem necessary or expedient for the health, safety, or welfare of the community or for the improvement of administrative services;
(7) Consolidate or combine offices, positions, departments, or units under his or her jurisdiction with the approval of the City Council. The City Manager may be the head of one or more departments;
(8) Attend all meetings of the City Council unless excused therefrom and take part in the discussion of all matters coming before the Council. He or she shall be entitled to notice of all regular and special meetings of the Council;
(9) See that all laws and ordinances are duly enforced;
(10) Investigate the affairs 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, see that all franchises, permits, and privileges granted by the city are faithfully observed;
(11) Devote his or her entire time to the discharge of his or her official duties;
(12) Perform such other duties as may be required by the Council not inconsistent with the city charter, law, or ordinances;
(13) Supervise the purchase of all materials, supplies, and equipment contracts in accordance with the city budget and standards set forth in state statutes; and
(14) Advertise, receive bids, and award contracts for construction and repair of buildings and infrastructure in accordance with the city budget and standards set forth in state statutes.
(Prior Code, § 31.023)
(E) No interference with appointments or removals.
(1) Neither the Council nor any of its members shall direct or request the appointment of any person to or his or her removal from office by the City Manager or any of his or her subordinates or, in any manner, take part in the appointment or removal of officers and employees in the administrative services of the city.
(2) Except for the purpose of inquiry, the Council and its members shall deal with the administrative services solely through the City Manager, and neither the Council nor any member thereof shall give orders to any subordinates of the City Manager, either publicly or privately.
(Prior Code, § 31.024)
(F) Emergencies. In case of accident, disaster, or other circumstances creating a public emergency, the City Manager may award contracts and make purchases for the purpose of meeting the emergency, but he or she shall file promptly with the Council a certificate showing the emergency and the necessity for such action, together with an itemized account of all expenditures.
(Prior Code, § 31.025)
(G) Bond. The City Manager shall furnish a surety bond to be approved by the Council, such bond to be conditioned on the faithful performance of his or her duties. The premium of the bond shall be paid by the city.
(Prior Code, § 31.026)
(H) Compensation. The City Manager shall receive such compensation as the Council shall fix from time to time by ordinance or resolution.
(Prior Code, § 31.027)
(I) Vacancy. Any vacancy in the office of City Manager shall be filled as soon as possible after the effective date of such vacancy.
(Prior Code, § 31.028)
Statutory reference:
City Manager, see G.S. §§ 160A-147 et seq.
Powers and duties of City Manager, see G.S. § 160A-148