The Manager shall be the administrative head of the government of the city under the direction and control of the Council. He or she shall be responsible for the administration of all affairs of the city which are under his or her control. In addition to his or her general powers as administrative head, it shall be his or her duty and he or she shall have the powers set forth in the following:
(A) Law enforcement. It shall be the duty of the Manager to see that all laws and ordinances of the city, and that all franchises, contracts, permits, and privileges granted by the Council are faithfully observed and to report any failure in that regard to the Council, which shall give such instruction and direction as it may desire for remedial, corrective, or terminating action by the Manager.
(B) Authority over employees. It shall be the duty of the Manager, and he or she shall have the sole authority to control, order, and give directions to all heads of departments and to subordinate officers and employees of the city.
(C) Power of appointment and removal. Subject to the exceptions expressly provided by this chapter, it shall be the duty of the Manager to, and he or she shall appoint, remove, promote and demote any and all officers and employees of the city, except magistrate, City Attorney, City Clerk, City Physician, Counsel, and members of boards, and commissions, and committees, all of whom shall be appointed by the Council. As to these officials, he or she shall recommend appointment and removal. All this shall be subject to all applicable personnel ordinances, rules, and regulations.
(D) Ordinances. It shall be the duty of the Manager to recommend to the Council for adoption, such measures and ordinances as he or she deems necessary.
(E) Attendance at Council meetings. It shall be the duty of the Manager to attend all meetings of the Council unless at his or her request he or she is excused therefrom by the Mayor individually or by the Council, except when his or her removal is under consideration. He or she shall present definite recommendations relative to each item on the agenda for approval, rejection or modification by the Council.
(F) Financial reports. It shall be the duty of the Manager to keep the Council fully advised as to the needs of the city in such form and at such times as requested by the Council.
(G) Budget. It shall be the duty of the Manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the Council for its approval.
(H) Expenditure control and purchasing. It shall be the duty of the Manager to see that no indebtedness is incurred or expenditure made in violation of the state budget law, and A.R.S. § 42-303(d) in particular.
(I) Investigations and complaints. It shall be the duty of the Manager to make investigations into the affairs of the city and any department or division thereof, and any contract or the proper performance of any obligations of the city and to report all findings to the Council. Further, it shall be the duty of the Manager to investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by public utilities in the city and report all findings to the Council.
(J) Assistant City Manager. There is hereby created within the office of the City Manager the position of Assistant City Manager. The employee holding the position shall be subject to the supervision and control of the City Manager.
(K) City Manager to appoint and remove the Assistant City Manager. The position of Assistant City Manager is declared as unclassified service and he shall be appointed and removed by the City Manager and shall serve and receive compensation as agreed to by contract. The Assistant City Manager shall have such duties and responsibilities as assigned by the City Manager. The Assistant City Manager shall direct the activities of the departments assigned by the City Manager.
('76 Code, § 3-1-8) (Ord. 302, passed 7-24-75; Am. Ord. 891, passed 12-12-91; Am. Ord. 894, passed 1-9-92; Am. Ord. 895, passed 12-12-91; Am. Ord. 1090, passed 4-22-99)