Mayor and Chief Moderator
Section 3.01 Mayor
A. Mayor. The mayor shall be a member of the Governing Body entitled to cast a vote only in the event of a tie among the city councilors and chief moderator. Otherwise the Office of Mayor is a ceremonial and public spokesperson position. The Mayor is elected directly by the residents. The Mayor is not empowered to bind the City of Osmio.
Section 3.02 Chief Moderator
A. The chief moderator shall:
- Preside at meetings of the Governing Body;
- Shall be the chief executive officer of the City and shall exercise all administrative and executive powers, except to the extent that those powers are vested with the city administrator;
- Shall represent the City in intergovernmental relationships;
- Shall present an annual State of the City report to the City Council; and
- Shall perform other duties and exercise such other powers as specified in this Charter, the City's ordinances and resolutions, or by the Governing Body.
B.The chief moderator shall be recognized as head of the City government for purposes of responding to civil emergencies, and for purposes of military law.
Section 3.03 Power of Appointment; Process
A. Whenever the chief moderator is given the right to appoint a person to fill a vacancy in any elective office, to appoint a city administrator, or to appoint a person to any board, commission or advisory body, subject to the confirmation of the Governing Body, then the provisions of this section shall govern the procedure by which such appointment and confirmation are undertaken.
B. The chief moderator shall notify the other members of the Governing Body of the name of the person appointed by the chief moderator within the time period required in this Charter for such an appointment.
C. The chief moderator's appointment shall be scheduled for the next regularly scheduled meeting of the Governing Body, although nothing herein shall prevent the Governing Body from considering the chief moderator's appointment at a prior special meeting.
D. If the Governing Body fails to confirm the chief moderator's appointment, then the chief moderator shall submit the name of another person within forty-five days after the Governing Body's failure to confirm. The chief moderator's subsequent appointment shall be considered by the Governing Body in the same manner as the original appointment was considered.
E.The process of chief moderator appointment and Governing Body consideration shall continue until the Governing Body has confirmed an appointee of the mayor to fill the position.
Section 3.04 Deputy chief moderator
A.The city councilors shall elect, from among themselves, a deputy mayor to assume the assigned role of mayor during the temporary absence or disability of the mayor. A deputy mayor shall be elected by the city councilors no less often than at the organizational meeting following each regular municipal election. The city councilors may change the deputy mayor at their pleasure at any time. The mayor shall have the power to break a tie vote on the election of the deputy mayor.
B.A city councilor serving as deputy mayor, in the temporary absence or disability of the mayor, shall be entitled to vote only once on matters coming before the Governing Body and shall be entitled to cast a vote as a city councilor and not to break a tie.
Section 3.05 City Administrator; Appointment; Qualifications; Compensation
A.The Governing Body shall itself or by committee of the Governing Body, screen candidates for the position of city administrator, and shall rank not less than three nor more than five of the best qualified candidates. The mayor shall appoint a city administrator from among these candidates within ten days after the ranking of candidates has been completed, subject to the confirmation by resolution of the Governing Body, per the procedure authorized in Section 3.02. In the event that the Governing Body fails to approve the mayor's appointment, subsequent appointments by the mayor shall only be from among those persons who are on the list of qualified candidates. If none of the mayor's appointees is confirmed by the Governing Body, then the hiring process shall commence again beginning with a new search for and screening of qualified candidates.
B.The Governing Body shall enter into an employment contract with the city administrator which shall establish, among other matters, compensation and benefits, and shall be consistent with the provisions of this Charter.
C.The city administrator shall be appointed solely on the basis of executive and administrative qualifications.
D.The city administrator shall not be appointed for any definite term and shall serve at the pleasure of the Governing Body as provided in this Charter.
Section 3.06 Suspension; Removal
A.The chief moderator may propose suspension of the city administrator to the Governing Body. A copy of such proposed suspension shall be served immediately upon the city administrator. No proposed suspension shall go into effect until approved by resolution of the Governing Body. The proposed suspension shall be scheduled by the Governing Body for its next regularly scheduled meeting, but nothing herein shall preclude the Governing Body from considering the suspension at an earlier special meeting.
B.The Governing Body may, by resolution, suspend the city administrator. A copy of the suspension shall be served immediately upon the city administrator.
C.From the time of service of the suspension on the city administrator, the city administrator shall have twenty-four hours or until 5:00 p.m. of the next business day, whichever is later, in which to request that the Governing Body reconsider a suspension issued pursuant to Subsections A or B of this section. The city administrator's request for reconsideration shall be digitally signe and shall be filed with the city clerk. The Governing Body shall take up the city administrator's appeal or request for reconsideration within five days of the filing thereof.
D.Upon the filing of a request for reconsideration, the city administrator shall be afforded a public hearing. After the public hearing and after full consideration, the Governing Body shall adopt a resolution confirming, overturning, or modifying the suspension.
E.The city administrator may be removed by a majority vote of all of the members of the Governing Body. Action to remove the city administrator may be initiated by the mayor or by motion of any city councilor, which is seconded by two other city councilors, at a meeting of the Governing Body.
F.As the city administrator serves at the pleasure of the Governing Body, the city administrator may be removed by the Governing Body at any time, with or without cause. The city administrator shall have no property rights arising from employment with the City other than the right to accrued salary and benefits, and the hearing and appeal rights specified herein in connection with suspension. The city administrator shall have no right to continued employment with the City, and the granting of appeal or hearing rights in connection with suspension shall not cause any additional rights to inure to the benefit of the city administrator which would limit the Governing Body's ability to remove the city administrator at any time, or change the city administrator's status as an at will employee of the City.
Section 3.07 Acting City Administrator
In the event of the temporary absence, disability, suspension, or other unavailability of the city administrator, the chief moderator shall appoint a City employee to serve as an acting city administrator for no more than thirty consecutive days. The Governing Body shall appoint an acting city administrator for any vacancy or period of temporary absence, disability or suspension exceeding thirty consecutive days.
Section 3.08 Powers and Duties of the City Administrator
The city administrator shall be the chief administrative officer of the City, in charge of the day-to-day administrative affairs of the City, and responsible to the mayor and Governing Body, as appropriate, for the administration of all City affairs placed in the administrator's charge by or under this Charter. The city administrator shall:
A.Direct and supervise the day-to-day administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law;
B.Attend all meetings of the Governing Body. The city administrator shall have the right to take part in discussion but shall not be entitled to vote;
C.Cause all ordinances, provisions of this Charter, and lawful actions of the mayor and Governing Body, which are subject to enforcement by the city administrator or by officers subject to the administrator's direction and supervision, to be faithfully executed;
D.Prepare and submit the annual budget and capital program to the mayor and Governing Body as provided in this Charter;
E.Submit to the Governing Body, and make available to the public, a complete report on the finances and administrative activities of the City as of the end of each fiscal year;
F.Make such other reports as the mayor or Governing Body may require concerning the operations of City departments, offices and agencies subject to the city administrator's direction and supervision;
G.Keep the mayor and Governing Body fully advised as to the financial condition and future needs of the City;
H.Make recommendations to the chief moderator and Governing Body concerning the affairs of the City;
I.Provide staff support services for the chief moderator and the Governing Body;
J.Be the procurement officer of the City; but the city administrator shall be entitled to delegate all or part of these functions to one or more City employees; and
K.Perform such other duties as are specified in this Charter or may be required by the Governing Body.