Section 18. City Manager.
(1) Qualifications. The city manager shall be the administrative head of the government of the city. The manager shall be chosen by the council without regard to political considerations and solely with reference to executive and administrative qualifications. The manager need not be a resident of the city or of the state at the time of appointment, but promptly thereafter shall become, and during tenure remain, a resident of the city. Before taking office, the manager shall give a bond in such amount and with such surety as may be approved by the council. The premiums on such bond shall be paid by the city.
(2) Term. The manager shall be appointed for an indefinite term and may be removed at the pleasure of the council. Upon any vacancy occurring in the office of manager, the council at its next meeting shall adopt a resolution of its intention to appoint another manager. Not later than one year after adopting the resolution, the council shall appoint a manager to fill the vacancy.
(3) Powers and Duties. The powers and duties of the manager shall be as follows:
(a) The manager shall devote his or her entire time to the discharge of official duties, attend all meetings of the council unless excused therefrom by the council or the mayor, keep the council advised at all times of the affairs and needs of the city, and make reports annually, or more frequently if requested by the council, of all the affairs and departments of the city.
(b) The manager shall see that all ordinances are enforced and that the provisions of all franchises, leases, contracts, permits, and privileges granted by the city are observed.
(c) The manager shall designate a city recorder, shall appoint and may remove appointive city officers and employees except as this charter otherwise provides, and shall have general supervision and control over them and their work with power to transfer an employee from one department to another. The manager shall supervise the departments to the end of obtaining the utmost efficiency in each of them. The manager shall have no control, however, over the council or over the judicial activities of the municipal judge.
(d) The manager shall be responsible for preparing and submitting to the budget committee the annual budget estimates and such reports as that body requests.
(e) Except as provided in Section 21 with respect to the jurisdiction of the Board of Water Commissioners, the city manager shall supervise the operation of all public utilities owned and operated by the city and shall have general supervision over all city property.
(4) Seats at Council Meetings. The manager and such other officers as the council designates shall be entitled to sit with the council but shall have no vote on questions before it. The manager may take part in all council discussions.
(5) Manager Pro Tem. If the office of city manager shall be vacant, the mayor shall be empowered to appoint a city manager pro tem who shall serve as city manager; provided that the city manager pro tem shall not have the power to appoint or dismiss officers or employees of the city except with the approval of the council. Provided further that the city manager pro tem shall hold office only until a city manager shall have been agreed upon and in no event to exceed a longer period of time than one year. Provided further that the city manager pro tem shall not be eligible for reappointment to the office of city manager pro tem.
(6) Interference in Administration and Elections. No member of the council shall, in any manner, directly or indirectly, by suggestion or otherwise, attempt to coerce or influence the city manager in the making of any appointment or any removal or in the award of any contract within the manager’s authority or in any disciplinary action against a city employee; nor shall any member of the council exact any promise relative to any appointment from any candidate for city manager or discuss directly or indirectly with any such candidate the matter of appointments to any city office or employments. Any violation of the foregoing provisions of this section shall work a forfeiture of the office of the offending member of the council who may be removed therefrom by the council or any court of competent jurisdiction. Nothing contained herein, however, shall be construed as prohibiting the council, while in open session, from discussion with or suggesting to the city manager anything pertaining to city affairs.
(7) Ineligible Persons. Neither the manager's spouse nor any person related to the manager or the manager’s spouse by consanguinity or affinity within the third degree may hold any appointive office or employment with the city.