Section 3.03 Mayor’s duties and responsibility.

   The mayor shall, at the beginning of each calendar year, and may at other times give the council information as to the affairs of the city and recommend measures considered necessary and desirable. The mayor shall preside at meetings of the council, represent the city in intergovernmental relationships, appoint with the advice and consent of the council the members of the citizen advisory boards and commissions, present an annual state of the city message, and perform other duties specified by the council and by article III. The mayor shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law.

Section 3.04 Mayor’s power to veto legislation.

   Within four (4) business days after the adjournment of any council meeting, the city clerk shall present to the mayor the record of proceedings of the meeting and all ordinances and resolutions adopted at the meeting. The mayor, within seven days of receipt of an ordinance or resolution, shall return it to the city clerk with or without approval, or with a veto. If an ordinance or resolution is vetoed, the mayor shall attach a written statement explaining the reasons for the veto. Ordinances or resolutions vetoed by the mayor shall be considered at the next regular meeting of the council, and the council may pass the ordinance or resolution over the veto by the affirmative vote of six of its members. The effective date of an ordinance or resolution passed over the mayoral veto shall not be less than 20 days after the date of publication. The mayor’s veto power shall extend to disapproving or reducing individual appropriation items in the budget or any ordinance or resolution, except appropriations for auditing or investigating any part of the executive branch. The mayor shall not have the power to veto any emergency ordinance.

(4-11-00, § D)

ARTICLE IV. DEPARTMENTS, OFFICES, AND AGENCIES

Section 4.01 General provisions.

   (a)   Creation of departments. The mayor may establish city departments, offices, or agencies in addition to those created by this charter by filing an executive order which may also provide that any funds previously appropriated to perform a function which is being transferred may thereby be transferred to the new major organizational unit performing such function, with such order becoming effective after the expiration of 25 days from the date it is filed, unless action is taken to nullify the executive order by a vote of six (6) or more members of the city council. The mayor may prescribe the functions of all departments, offices, and agencies, except that no function assigned by this charter to a particular department, office, or agency may be discontinued or, unless this charter specifically so provides, assigned to any other.

   (b)   Direction by mayor. All departments, offices, and agencies under the direction and supervision of the mayor shall be administered by one (1) or more officers appointed by and subject to the direction and supervision of the mayor. The appointment by the mayor of any director or head of any city department shall only be effective with the advice and consent of the council. The mayor may appoint one (1) person as the head of two (2) or more departments.

(4-11-00, § E; 4-12-16, § E)

Section 4.02 Personnel system.

   (a)   Appointments and promotions. All appointments and promotions of city officers and employees shall be made solely on the basis of merit and fitness.

   (b)   Civil service system. The city council shall provide by ordinance for the establishment, regulation, and maintenance of a civil service system governing personnel policies necessary to effect the administration of the employees of the city’s departments, offices, and agencies. The city council shall provide by ordinance for classification and pay plans, examinations, force reduction, removals, working conditions, provisional and exempt appointments, in-service training, civil service appeal procedures to address grievances of employees, and relationship with employee organizations.

(Ref. of 5-7-96)

Section 4.03 Legal officer.

   There shall be a legal officer of the city appointed by the mayor effective with the advice and consent of five (5) or more members of the council. Notwithstanding Charter Section 2.05(b), the legal officer may be removed by an affirmative vote of six (6) or more members of the council or by the mayor with the consent of five (5) or more members of the council. The consent of a majority of the council is not required for the expiration of the legal officer's term of office that occurs upon the mayor's expiration of term of office. The legal officer shall serve as chief legal advisor to the city council, the mayor and all city departments, offices and agencies, shall perform any other duties prescribed by state law, by this charter or by ordinance, and shall handle or monitor the representation of the city in legal proceedings. The role of the legal officer is to provide counsel in the best interest of the city, not the interest of one inquiring source.

(4-11-00, § F; 4-8-14, § C; 4-12-22, § B)

Section 4.04 Planning.

   Consistent with all applicable federal and state laws with respect to land use, development, and environmental protection, the city council shall:

      (1)   Designate an agency or agencies to carry out the planning function and such decision-making responsibilities as may be specified by ordinance;

      (2)   Adopt a comprehensive plan and determine to what extent zoning and other land use control ordinances must be consistent with the plan; and

      (3)   Adopt development regulations, to be specified by ordinance, to implement the plan.