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1996- 03 -21. Special Council Meeting
Mayor Walter W. Parker called the Special Council meeting to
order and opened the meeting for business legally presented. The
following members of Council were present: Ed Merves, Jack
Youmans, William Remeta, Michael A. Host, Mariann Wildi, and
Mallory Pearce. City Attorney Edward Hughes was present to assist
Council on legal issues. Also present was Acting City Manager
James P. Locklear.
Mayor Parker stated that two issues would come before
Council tonight. Acting City Manager Locklear explained that the
Personnel Advisory Board is important and needs to be adopted in
order to get politics out of personnel matters. The City Manager
should make any final decisions. The employee then has the right
to take grievance to Superior Court if he/she so desires.
City Attorney Hughes said the entire ordinance had first
reading at the March 14, 1996 meeting, plus the transition
ordinance was discussed at length. Attorney Hughes advised
Council that they can adopt either of the ordinance tonight on
second reading. Attorney Hughes read the ordinance.
Councilmember Youmans moved to adopt Sections 2 -3 -1 through
2 -3 -21 and to include the transition ordinance. Motions dies for
a lack of a second.
Councilmember Pearce motioned to adopt Sections 2 -3 -1
through 2 -3 -41 on its second reading. Councilmember Hosti
seconded. Councilmember Remeta said that he was totally against
the city manager type of government, he thought that the
committee system was working well, but the people on the island
voted for it and so as not to do anything half way I will support
the Personnel Advisory Board. Councilmember Merves said that if
we don't adopt the personnel advisory board portion of the
ordinance then we are not showing confidence in the City Manager.
Councilmember Youmans said to adopt the transition ordinance
tonight and wait and see what the City Manager thinks.
Councilmember Wildi stated that if Council feels confident enough
tonight to hire a City Manager tonight then we should adopt the
personnel advisory board. Vote by Council was 5 in favor (Merves,
Remeta, Hosti, Wildi, Pearce); 1 opposed (Youmans).
Councilmember Wildi moved to go into executive session to
discuss personnel. Councilmember Merves seconded. Vote by Council
was unanimous. Councilmember Youmans moved to close executive
session and go back into regular session. Councilmember Merves
seconded.
Councilmember Remeta moved to appoint Dr. Bill Farmer as
City Manager with a start date of April 1, 1996. Councilmembers
Wildi and Pearce seconded. Vote by Council was unanimous.
Mayor
Clerk of Council
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1996 Ordinance # 2
It is hereby ordained by the governing authority of the City of
Tybee Island, in open meeting assembled, that the Tybee Island
Code of Ordinances, Title 2, Chapter 3 Section 1 through 30, be
deleted and replaced with the following to be titled and numbered
the same. CHAPTER 2 -3. ORGANIZATION AND ADMINISTRATION
2- 3 -1ART.
2- 3 -1SEC.
2 -3 -2.
2 -3 -3.
2 -3 -4.
2 -3 -5.
2 -3 -6.
2 -3 -7.
2- 3 -20ART
2 -3 -21.
2 -3 -22.
2- 3 -30ART
2- 3 -1ART.
2- 3 -1SEC.
ARTICLE A ADMINISTRATIVE OFFICERS
City Manager; powers; duties; separation of powers.
Clerk of Council; duties
City Attorney; duties.
Appointment, term and removal of administrative
officers.
through 2 -3 -20. reserved
. ARTICLE B DEPARTMENTAL ORGANIZATION
Designation of departments.
through 2 -3 -30. reserved.
. ARTICLE C. BOARDS, COMMISSIONS, AUTHORITIES (RESERVED)
ARTICLE A ADMINISTRATIVE OFFICERS1
2 -3 -1. City Manager; Powers and Duties; Separation of Powers
(A) Powers
The city manager shall be the chief executive and
administrative officer of the city. The manager shall be
responsible to the city council for the administration of all
city affairs placed in the manager's charge by the city charter.
As the chief executive and administrative officer, the manager
shall:
(1) Appoint and, when the manager deems it necesary for the
good of the city, suspend or remove all city employees and
administrative officers the manager appoints, except as otherwise
provided by law or personnel ordinances adopted pursuant to the
charter. The manager may authorize any administrative officer
who is subject to the manager's direction and supervision to
exercise these powers with respect to subordinates in that
officer's department, office or agency.
(2) Direct and supervise the administration of all
departments, offices, and agencies of the city, except as
otherwise provided by the charter or by law.
(B) Duties
1 Cross Reference: Officers elected by city council, city
charter. Sec. 54.
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The city manager shall:
(1) Attend all city council meetings except for closed
meetings held for the purposes of deliberating on the
appointment, discipline, or removal of the city manager and have
the right to take part in discussion but not vote;
(2) See that all laws, provisions of the charter, and acts
of the city council, subject to enforcement by the city manager
or by officers subject to the manager's direction and
supervision, are faithfully executed.
(3) Prepare and submit the annual operating budget and
capital budget to the city council;
(4) Submit to the city council 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;
(5) Make such other reports as the city council may require
concerning the operations of the city departments, offices, and
agencies subject to the manager's direction and supervision;
(6) Keep the city council fully advised as to the financial
condition and future needs of the city and make such
recommendations to the city council concerning the affairs of the
city as the manager deems desirable; and
(7) Perform other such duties as are specified by the
charter or as may be required by the city council.
(C) Separation of Powers
(1) Except for the purpose of inquiries and investigations
under Section 2.15 of the city charter, the city council or its
members shall deal with city officers and employees who are
subject to the direction and supervision of the manager solely
through the manager, and neither the city council nor its members
shall give orders to any such officer or employee, publicly or
privately.
(2) The city council shall have the power of inquiries and
investigations into the affairs of the city and the conduct of
any department, office or agency thereof, and for this purpose
may subpoena witnesses, administer oaths, take testimony, and
require the production of evidence without the consent of the
city manager.
2 -3 -2. Clerk of Council; duties
The clerk of council shall:
(1) exercise any powers and perform any duties charged to
the clerk of council by the city charter or this code;
(2) be the custodian of the city seal and affix its
impression on documents whenever required;
(3) carefully preserve the codes, records and documents
belonging to the city which are not assigned to the custody
of some other office, and maintain a proper index to all
records and documents so that ready access thereto and use
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thereof may be had;
(4) take and maintain the minutes of the city council;
(5) attest to the mayor's signature on all contracts; and
(6) perform any other duties as may, from time to time, be
assigned to the clerk of council by the city council.
Deleted city treasurer
Deleted city marshal.
2 -3 -5. City Attorney; duties.
The city attorney or assistants under his direction shall
be the legal advisor and representative of the city and, in that
capacity, shall:
(1) exercise any powers and perform any duties charged to
the city attorney by the city charter of this code;
(2) advise the city council, the mayor, the city manager,
and other officers and employees of the city concerning the legal
aspects of the city's affairs;
(3) prepare or revise ordinances when so requested by the
city counci, the city manager, or any board, commission,
committee, or task force appointed by the city council;
(4) give official opinions upon any legal matter or question
submitted by a majority vote of the city council;
(5) attend all council meetings for the purpose of giving
city council any legal advice requested by its members;
(6) prepare for execution all contracts and instruments to
which the city is a party when so requested and approve, as to
form, all bonds and city contracts;
(7) defend any and all suits and actions at law or equity
brought against the city, unless otherwise directed by the city
council;
(8) prepare and file any civil suit or action at law or
equity to secure or protect the city's best interest when so
ordered by a resolution of the city council;
(9) make immediate report to the city council of the outcome
of any litigation in which the city has a direct interest; and
(10) perform any other duties as may be required by the
mayor, the city council and the city manager.
2 -3 -6. Appointment, term and removal of administrative officers.
All administrative officers established by this article
shall be appointed by the city council. They shall serve for an
indefinite term and may be summarily removed from office at any
time by the city council.
2 -3 -7. through 2 -3 -20. reserved
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2- 3- 20ART. ARTICLE B DEPARTMENTAL ORGANIZATION
2 -3 -21. Designation of departments.
The departments of the city shall include the following:
(1) general government;
(2) finance;
(3) inspections;
(4) police;
(5) fire;
(6) public works and sanitation;
(7) water and waste water;
(8) community and cultural affairs; and
(9) parking.
2 -3 -22. through 2 -3 -30. reserved.
2- 3- 30ART. ARTICLE C. BOARDS, COMMISSIONS, AUTHORITIES (RESERVED)
I. PERSONNEL ADVISORY BOARD
The City Council shall appoint a Personnel Advisory Board to
conduct hearings on employee appeals involving promotions,
demotions, suspensions, dismissals and charges of discrimination
or other unfair practices. The Personnel Board will make
determinations on employee appeals and forward its
recommendations to the City Manager who will make final
decisions.
a. The Personnel Advisory Board shall consist of three (3)
members. Two members shall be appointed by the City Council
and one by the City employees. Each member shall serve a
term of two years commencing in the final adoption of this
ordinance, and each serving member may be reappointed by the
City Council or the employees for one additional two -year
term.
b. Each member of the Personnel Advisory Board shall be a
resident of the City of Tybee Island. Members of the board
appointed by the City Council shall hold no other concurrent
position with the city, paid or unpaid, appointed or
elected. Members of the personnel board shall serve without
compensation, except that they be paid a standard per diem
for expenses incurred on personnel board business.
c. The Personnel Advisory Board at its first meeting
following the beginning of a new term will elect one of its
members as chairman, who shall be responsible for calling
and presiding at all meetings. Each member will have an
equal vote.
d. The Clerk of Council shall serve ex officio, without
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vote, as secretary to the Personnel Advisory Board and shall
be responsible for maintaining records of the board's
proceedings, determinations, and recommendations.
f. The personnel board shall determine its operating
procedures by written resolution prepared by the city
attorney and approved by the city council.
g. A member of the Personnel Advisory Board may be removed
before the end of his /her term by the appropriate appointing
body. Written notice of the reasons for removal shall be
given, and an opportunity to respond in public hearing
before the City Council.
[2-3.dft]
ADOPTED THIS DAY OF , 199.
Mayor Walter W. Parker
Clerk of Council
1st Reading:
2nd Reading:
Enacted: