Article IV

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Chief Administrative Officer

Section 4.1. Appointment and evaluation.

(a) Appointment.

The council shall appoint a Chief Administrative Officer for an indefinite term and shall fix the compensation and conditions of employment for such office. The Chief Administrative Officer shall be appointed solely on the basis of such person's executive and administrative qualifications. The Chief Administrative Officer need not be a resident of the city or state at the time of appointment but must become a resident of the city within the first year of such appointment unless such time is ex­tended by the council.

(b) Evaluation.

At least once each year after the appointment of the Chief Administrative Officer, the city council shall evaluate the performance of the Chief Administrative Officer and the results thereof shall be made a part of the confidential personnel file of the Chief Administrative Officer.

Section 4.2. Removal.

The council may remove the Chief Administrative Officer with or without cause from office in accordance with the following procedures:

The council shall adopt by an affirmative vote of a majority all of its members a preliminary resolution which must state the reasons, if any, for removal and upon adoption of such resolution may suspend the Chief Administrative Officer from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the Chief Administrative Officer.

Within five days after a copy of the resolution is delivered to the Chief Administrative Officer, the Chief Administrative Officer may file with the council a written request for a public hearing. This hearing shall be held at a council meeting not earlier than 20 days nor later than 30 days after the request is made. The Chief Administrative Officer may file with the council a written reply no later than five days before the hearing.

The council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all of its members at any time after five days from the date when a copy of the resolution was delivered to the Chief Administrative Officer in the event a public hearing has not been requested, or at any time after the public hearing has been completed, if one has been requested. The Chief Administrative Officer shall continue to receive compensation until the effective date of a final resolution of removal. Since the Chief Administrative Officer serves at the will of the council, and not by virtue of any right, the action of the council in suspending or removing the Chief Administrative Officer shall not be subject to review by any court or agency.

Section 4.3. Acting Chief Administrative Officer.

By letter filed with the City Clerk, the Chief Administrative Officer shall designate a qualified person to exercise the powers and perform the duties of the Chief Administrative Officer during the temporary absence or disability of the Chief Administrative Officer. During such absence or disability, the council may revoke such designation at any time and appoint another qualified person to serve.

Section 4.4. Powers and duties of the Chief Administrative Officer.

The Chief Administrative Officer shall be responsible to the council for the administration of ail city operations placed in the charge of the Chief Administrative Officer by or under this charter. The Chief Administrative Officer shall:

(a) Appoint and, when deemed necessary for the good of the city, suspend or remove all city employees and appointed administrative officers provided for, by or under this charter, except the City Attorney, the City Clerk, the Municipal Judge and the Provisional Municipal Judge or except as otherwise provided by law, this charter, or personnel rules adopted previously by the council or adopted pursuant to this charter. The Chief Administrative Officer may authorize any administrative officer who is subject to direction and supervision of the Chief Administrative Officer to exercise these powers with respect to subordinates in that officer's department.

(b) Direct and supervise the administration of all departments of the city except the City Attorney, City Clerk and Municipal Judge, and except as otherwise provided by this charter or by law.

(c) Attend all meetings of the council and committees of its members, except when the council may be considering personnel matters relating to the Chief Administrative Officer. The Chief Administrative Officer shall have the right to take part in discussions at meetings of the city council but shall have no power to vote. The Chief Administrative Officer shall receive notice of all meetings.

(d) Provide that all laws, provisions of this charter and acts of the council, subject to enforcement by the Chief Administrative Officer or by officers subject to the direction and supervision of the Chief Administrative Officer are faithfully executed.

(e) Supervise and be responsible for the preparation of the annual budget and capital program and submit both to the council.

(f) Submit to the council and make available to the public the complete report on the finances and administrative activities of the city as of the end of each fiscal year.

(g) Keep the council fully informed so that the council shall properly execute their legislative and policy making functions and make such other reports as the council may require concerning the operations of city departments, offices and agencies subject to the direction and supervision of the Chief Administrative Officer.

(h) Prepare and submit to the council a statement of policy recommendations for programs and priorities which, in the opinion of the Chief Administrative Officer, should be considered by the council. This statement shall be submitted not less than 180 days prior to the end of the fiscal year.

(i) Facilitate the prompt, economical and efficient dispatch of city business, and to that end may from time to time organize or reorganize work within or among departments responsible to the Chief Administrative Officer, assign assistants, deputies and employees from any office or department of the city government under direction of the Chief Administrative Officer to perform work or service in connection with any other office or department, or to work in more than one of such offices or departments.

(j) Keep the council fully advised on the financial condition and future needs of the city and make such other recommendations to the council concerning the affairs of the city as is deemed advisable.

(k) Perform such other duties as may be prescribed by this charter or required by the council consistent with this charter.

Article V:
Administrative Organization

Section 5. 1. Existing organizations.

(a) Existing departments, agencies, authorities and offices shall be continued as constituted on the effective date of this charter until thereafter changed pursuant to this charter.

(b) Existing boards and commissions shall remain in effect unless changed pursuant to state law or ordinance.

Section 5.2. Merit System.

All appointments and promotions of city officers and employees shall be on the basis of merit and fitness demonstrated by examination or other evidence of competence.