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HomeMy Public PortalAbout19960321SCMeeting1 1 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 1 1 1 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. 1 1 1 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 1 1 1 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 1 1 1 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 1 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: