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The City Manager shall be the chief executive officer and the head of the administrative branch of the City Government, and shall be responsible to the Council for the proper administration of all the affairs of the City and the enforcement of all the laws, ordinances and resolutions, except as herein otherwise provided, and to that end the City Manager shall have authority to make all appointments and removals of employees of the City in the departments and offices under the City Manager's control.
The City Manager shall attend all meetings of the Council, with the right to participate in its discussions but without the right to vote. The City Manager shall be an ex officio member of all committees or appoint a designee therefor.
The City Manager shall prepare and submit to the Council the annual budget and be responsible for its administration after adoption. The City Manager shall keep the Council advised of the financial condition and future needs of the City and make such recommendations as desirable.
The City Manager shall submit to the Council and make available to the public a report on the financial and administrative activities of the City as of the end of each fiscal year.
The City Manager shall make such other reports as the Council may require concerning the operation of City departments, offices, and agencies subject to the City Manager direction and supervision.
The City Manager shall issue all licenses and permits pursuant to ordinances and perform all other duties as may be prescribed by the Charter or required of the City Manager by the Council, not inconsistent with this Charter.
(Amended 11-5-91.)
The City Manager may designate in writing any administrative employee of the City who shall exercise all powers, duties and functions of the City Manager during the City Manager's temporary absence from the City or during the City Manager's disability. If such designation has not been made and the City Manager is absent from the City or unable to perform the City Manager's duties or to make such designation, the Council may, by resolution, appoint any qualified administrative employee of the City to perform the powers, duties and functions of the City Manager until the City Manager shall return to the City or the disability ceases.
In the event of a vacancy in the Office of City Manager, the Council may designate a person as Acting City Manager, who shall exercise all powers, duties and functions of the City Manager until a City Manager is appointed.
(Amended 11-5-91.)
Neither Council, nor its committees or members, shall direct or request the appointment of any person to, or the City Manager's removal from office or employment by the City Manager, or in any manner take part in the appointment, discipline, or removal of subordinates and employees in the administrative service of the City. City Council, its committees and members shall deal with that portion of the service of the City for which the City Manager is responsible solely through the Manager, and neither Council, nor its committees or members, shall give any orders to any subordinate of the Manager. Council may, however, inquire into the conduct of any office or department, the performance of any contract, or any of the affairs of the Municipality. Council may in the exercise of such power compel, or authorize a committee to compel the attendance and testimony of witnesses and the production of books, papers, and other evidence under penalty of law.
(Amended 11-5-91.)
The City Manager shall purchase all things required by the City and shall execute and deliver all contracts for the City except contracts for annual audits which shall be executed by the Mayor and except fiduciaries for public utility services. Purchases may be made simultaneously with purchases by other governmental bodies and in cooperation with their officers.
Council, by ordinance, shall establish a threshold amount, notice provisions, and other procedures for competitive bidding. When any contract for the construction of a public improvement or the purchase of equipment, supplies, or materials is estimated to exceed the threshold amount established by Council, the contract shall be competitively bid. Council shall award a contract to the lowest and best bidder, provided Council may reject any and all bids in whole or by items. No contract shall be divided to avoid the requirements of competitive bidding.
Waiver. By vote of not less than five (5) members, Council may waive the competitive bidding requirement if the statutory or common law of the State of Ohio does not require competitive bidding; if Council determines that an item is available and can be acquired only from a single source; or if Council determines that a waiver of the competitive bidding requirement is in the best interest of the City
Emergency. In the event of an emergency, the City Manager may enter into contract for the construction of a public improvement or the purchase of equipment, supplies, or materials that is estimated to exceed the threshold amount established by Council without competitive bidding. In such case, the City Manager shall report the facts to Council at its next meeting.
Professional services. Contracts for professional services shall not be subject to competitive bidding requirements of this Section and shall not require the authorization of Council if the current operating budget provides sufficient funding for the scope of services in any such contract.
(Amended 11-8-16.)
(Amended 11-8-16.)
Council may remove the City Manager by a majority vote of its members. At least thirty (30) days before such removal shall become effective, Council shall by a majority vote of its members adopt a preliminary resolution stating the reasons for said removal. The City Manager may reply in writing and may request a public hearing before Council which public hearing shall be held not earlier than twenty (20) days not later than thirty (30) days after the public filing of such request, which request shall be filed with the Clerk of Council within five (5) days of the City Manager being notified of such termination. After such public hearing if one is requested, and after full consideration, Council by a majority vote of its members may adopt a final resolution of removal, which decision is final and is not subject to appeal by any party or person.
(Amended 11-2-21)