HomeMy Public PortalAboutOrd. 659 - Implementing Council/Manager Form of Government"
O R D I N A N C E N O . 6 5 9
A N O R D I N A N C E O F T H E C I T Y O F M c C A L L , I D A H O , I M P L E M E N T I N G T H E
D E C I S I O N O F T H E V O T E R S T O A D O P T T H E C O U N C I L - M A N A G E R P L A N O F
G O V E R N M E N T ; P R O V I D I N G F O R T R A N S I T I O N ; C O N F O R M I N G T H E C I T Y
C O D E T O T H E C H A N G E ; A N D P R O V I D I N G A N E F F E C T I V E D A T E .
B E I T O R D A I N E D B Y T H E M A Y O R A N D C O U N C I L O F T H E C I T Y O F M c C A L L ,
I D A H O , A S F O L L O W S :
S e c t i o n 1 . C h a p t e r 7 o f T i t l e 1 o f t h e M c C a l l C i t y C o d e i s r e p e a l e d a n d i t s b e l o w s e t - o u t
s e c t i o n s a r e r e - e n a c t e d , r e n u m b e r e d , a n d a m e n d e d a s i n d i c a t e d i n e a c h , b y s t r i k i n g
t h r o u g h m a t t e r t o b e d e l e t e d a n d i n s e r t i n g m a t t e r u n d e r l i n e d , t o c o n f o r m t h o s e s e c t i o n s
t o t h e a d o p t i o n o f t h e C o u n c i l - M a n a g e r P l a n :
4 - 7 - # 1 - 8 - 7 : M A Y O R : A U T H O R I T Y , D U T I E S A N D P O W E R S : T h e M a y o r s h a l l b e e l e c t e d b y
t h e C o u n c i l f r o m a m o n g i t s m e m b e r s h i p f o r a t e r m o f t w o y e a r s a t t h e f i r s t m e e t i n g o f
C o u n c i l a f t e r e a c h g e n e r a l o r s p e c i a l e l e c t i o n o f m e m b e r s o f t h e C o u n c i l : t h e M a y o r m a y
b e r e m o v e d b y C o u n c i l . T h e a u t h o r i t y , d u t i e s a n d p o w e r s o f t h e M a y o r a r e a s d e f i n e d
s p e c i f i c a l l y i n T i t l e - S e c t i o n 5 0 - 8 1 0 , G h a p t e r - 6 ; I d a h o C o d e , a n d g e n e r a l l y a s m a y b e
a s s i g n e d i n T i t l e 5 0 , I d a h o C o d e . t o t h e e x t e n t c o n s i s t e n t w i t h C h a p t e r 8 . T i t l e 5 0 . I d a h o
a 4 S 1 g .
1 7 2 1 - 8 - 8 : S A L A R Y O F M A Y O R : T h e s a l a r y o f t h e M a y o r o f t h e C i t y s h a l l b e t h r e e
h u n d r e d f i f t y d o l l a r s ( $ 3 5 0 ) p e r m o n t h .
S e c t i o n 2 . C h a p t e r 8 o f t h e M c C a l l C i t y C o d e i s a m e n d e d b y a d d i n g t h e f o l l o w i n g S e c t i o n 1 - 8 - 6 :
1 - 8 - 6 : P R O C E D U R E F O R F I L L I N G V A C A N C I E S O N C O U N C I L : I n t h e e v e n t a v a c a n c y e x i s t s
i n t h e m e m b e r s h i p o f t h e C o u n c i l . t h e C o u n c i l s h a l l a d o p t a m o t i o n t o m e e t a s a
c o m m i t t e e o f t h e w h o l e . T h e c o m m i t t e e o f t h e w h o l e s h a l l c o n s i d e r t h e m a t t e r o f a n
a p p o i n t m e n t t o f i l l s u c h v a c a n c y . m a k e a r e c o m m e n d a t i o n t o t h e M a y o r . a n d a d j o u r n ,
T h e C o u n c i l t h e n h a v i n g b e e n c a l l e d b a c k i n t o i t s s e s s i o n . t h e M a y o r s h a l l a p p o i n t s u c h
p e r s o n a s w a s r e c o m m e n d e d b y t h e c o m m i t t e e o f t h e w h o l e : t h e M a y o r m a y v o t e a g a i n s t
c o n f i r m a t i o n o f t h a t a p p o i n t m e n t i f t h e M a y o r c h o o s e s t o d o s o .
S e c t i o n 3 . S e c t i o n 1 - 1 - 5 o f t h e M c C a l l C i t y C o d e , D e f i n i t i o n s , i s a m e n d e d t o i n s e r t t h e
f o l l o w i n g d e f i n i t i o n o f " D e p a r t m e n t H e a d " a n d t o a m e n d t h e d e f i n i t i o n o f
" O f f i c e r s " a s f o l l o w s :
D E P A R T M E N T H E A D . T h e p e r s o n a p p o i n t e d b y t h e C i t y M a n a g e r . a n d c o n f i r m e d b y t h e
C o u n c i l , t o d i r e c t a n d o v e r s e e a C i t y D e p a r t m e n t l i s t e d i n S e c t i o n
1 - 9 - 9 o f t h i s T i t l e .
O F F I C E R S . n e l u d e s - T h e C i t y A t t o r n e y . t h e C i t y C l e r k , t h e C i t y F i r e C h i e f ,
t h e C i t y P o l i c e C h i e f . a n d t h e C i t y T r e a s u r e r - a r i d - e t h e r - G i t y
S e c t i o n 4 . C h a p t e r 7 o f T i t l e 1 o f t h e M c C a l l C i t y C o d e i s r e - e n a c t e d u n d e r t h e T i t l e
" C I T Y M A N A G E R " t o r e a d a s s e t o u t b e l o w :
1 - 7 - 0 1 0 : O F F I C E O F C I T Y M A N A G E R C R E A T E D : T h e o f f i c e o f C i t y M a n a g e r o f t h e C i t y
i s h e r e b y c r e a t e d . T h e C i t y M a n a g e r s h a l l b e a p p o i n t e d b y t h e C o u n c i l o n t h e b a s i s o f t h e
i n d i v i d u a l ' s q u a l i f i c a t i o n s a n d e x p e r i e n c e , a n d o t h e r f a c t o r s d e e m e d r e l e v a n t b y t h e
C o u n c i l ; a n d t h e C i t y M a n a g e r s h a l l h o l d o f f i c e d u r i n g t h e p l e a s u r e o f t h e C o u n c i l .
1 - 7 - 0 2 0 : E L I G I B I L I T Y : R e s i d e n c e i n t h e C i t y a t t h e t i m e o f a p p o i n t m e n t a s C i t y M a n a g e r
s h a l l n o t b e r e q u i r e d a s a c o n d i t i o n o f a p p o i n t m e n t , b u t r e s i d e n c e m u s t b e e s t a b l i s h e d
w i t h i n t w e l v e m o n t h s a f t e r a p p o i n t m e n t . N o p e r s o n e l e c t e d t o m e m b e r s h i p o n t h e C o u n c i l
s h a l l , s u b s e q u e n t t o s u c h e l e c t i o n , b e e l i g i b l e f o r a p p o i n t m e n t a s C i t y M a n a g e r u n t i l o n e
y e a r h a s e l a p s e d a f t e r t h a t p e r s o n - h e h a s c e a s e d t o b e a m e m b e r o f t h e C o u n c i l .
1 - 7 - 0 3 0 : B O N D : T h e C i t y M a n a g e r s h a l l s e c u r e a c o r p o r a t e s u r e t y b o n d t o b e a p p r o v e d
b y t h e C o u n c i l i n s u c h s u m a s m a y b e d e t e r m i n e d b y t h e C o u n c i l , w h i c h s h a l l b e
O R D I N A N C E N O . 6 5 9 p a g e 1 o f 6
P a s s e d a n d a p p r o v e d M a r c h 1 0 , 1 9 9 4
conditioned on the faithful performance of the duties imposed on the City Manager as
herein prescribed. The bond fee shall be paid by the City.
1-7-040: ABSENCE: To perform the duties of the City Manager during the temporary
absence or disability of the permanent City Manager, the permanent City Manager may
designate by letter, filed with the City Attorney, a qualified administrative officer of the
City. In the event of a failure to make such designation, the Council may, by resolution,
appoint an officer of the City to perform the duties of the City Manager until the
permanent City Manager shall have returned or -his the disability shall have ceased, and
the appointee shall qualify as provided under Sections 1-7-020 and 1-7-030 of this
Chapter.
1-7--050: COMPENSATION: The City Manager shall receive such compensation as the
Council shall from time to time determine and fix by resolution. The City Manager shall
be reimbursed for all sums necessarily incurred or paid by the City Manager in the
performance of the City Manager's duties, or incurred when traveling on business
pertaining to the City under direction of the Council; reimbursement shall only be made,
however, when a verified itemized claim, setting forth the sums expended for which
reimbursement is requested, has been presented to the Council and by such Council
approved and allowed.
1-7-060: POWERS AND DUTIES: The City Manager shall:
(A) Have general supervision over the business of the City.
(B) See that the ordinances and policies of the City are complied with and
faithfully executed.
(C) Attend all meetings of the Council at which -his the City Managers
attendance is required by that body.
(D) Recommend for adoption to the Council such measures as the City
Manager may deem necessary or expedient.
(E) Make the appointment of all department heads, subject to confirmation of
such appointment by the Council and such civil service regulations as may
relate thereto; provided, however, that the City Attorney_shall be excluded
from the scope of the City Manager's appointment, termination, and
supervisory authority. The City Attorney shall report directly to Council;
however, the services and facilities of the City Attorney shall be made
available to the City Manager and, under guidelines of the City Manager, to
the Officers, Department Heads and staff of the City as to City business.
(F) Prepare and submit to the Council such reports as may be required by
that body, or as the City Manager may deem advisable.
(G) Keep the Council fully advised of the financial condition of the City and its
future needs.
(H) Prepare and submit to the Council a tentative budget for the next fiscal year.
(I) Perform such other duties as the Council may establish by ordinance or
resolution.
Terminate a department head's appointment, subject to confirmation of
such termination by the Council and such civil service regulations as may
relate thereto
(K) Possess such powers as are vested in the Mayor as provided in Idaho
Code section 50-606.
1-7-070 ORDERS AND DIRECTIONS: The Council and its members shall deal
with the administrative services of the City only through the City Manager, except
for the purpose of inquiry, and neither the Council nor any member thereof shall
give orders to any subordinates of the City Manager.
(J)
ORDINANCE NO. 659 page 2 of 6
Passed and approved March 10, 1994
Section 4. Section 1-9-9 of the McCall City Code, which lists the City Officers and their
duties, is amended as follows, in part by deleting or combining certain offices and
renumbering the Subsections accordingly:
1-9-9 DEPARTMENTS DESIGNATED AND OFFICERS' AND DEPARTMENT'
AND DUTIES LISTED BY TITLE: The City of McCall deems it necessary for the efficient
operation of the City to create the following Departments of the City. each to be
administered by a Department Head:
Air -pager. The Department Heads appointed by the City Manager for the Fire
Department. Police Department. and Treasury Department are. unless otherwise directed
by Council at the time. the Fire Chief. Police Chief. and Treasurer. respectively. each
upon confirmation by Council of the appointment.
Responsible Officer and
Department Head:
Airport Manager
Fire Chief
Golf Superintendent
Police Chief
Public Works Director
Recreation Director
Treasurer
Department:
Airport Department
Fire Department
Golf Department
Police Department
Public Works Department
Recreation Department
Treasury Department
The rights, duties and responsibilities of each City Officer and/or Department are:
(A) City Clerk:
1. Duties and meetings: The City Clerk shall attend all meetings of
the Council, and keep.a true and accurate -minutes journal of
their -meetings the proceedings of the Council the
same in a -minute book to be furnished by the City.
2. Custodian of Seal: The City Clerk shall be the keeper of the Seal of
the City and shall affix it to all -instruments -and -papers documents
which by law are required to be attested with the Seal of the City.
3. Custodian of Records: The City Clerk shall have the custody of
and shall safely keep all records, documents, contracts, bonds
and all other papers and instruments belonging to said b ..City,
until disposed of in accord with IC 50-907. It shall be the Clerk's
duty to keep the original ordinances passed by the Council. The
Clerk shall attach to each copy of an ordinance thus made -in
a certificate signed by-I}im the Clerk and
attested with the Seal of the City to the effect that the said copy
is a true and correct copy of the ordinance as passed.
4. Certified Instruments: Upon -demand -and payment of the -same
fees therefore fixed in accord with resolution of the Council -as
similar services the Clerk shall furnish any person applying
therefor a certified copy of any record, ordinance, paper or
document in #is -the Clerk's possession as such Clerk except
those records exempt by law from disclosure or copying. All fees
shall be accounted for and paid to the Treasurer of the City.
ORDINANCE NO. 659 page 3 of 6
Passed and approved March 10, 1994
"
5 . G e n e r a l D u t i e s : T h e C l e r k s h a l l d o a n d p e r f o r m s u c h o t h e r d u t i e s
a s m a y b e r e q u i r e d f r o m t i m e t o t i m e b y o r d e r o f t h e C o u n c i l o r
a s p r e s c r i b e d i n T i t l e 5 0 , I d a h o C o d e .
( B ) C i t y T r e a s u r e r _ T h e T r e a s u r e r s h a l l :
1 . b e c u s t o d i a n o f a l l m o n e y b e l o n g i n g t o t h e C i t y ; h e - s h a l l
2 . k e e p a s e p a r a t e a c c o u n t o f e a c h f u n d o r a p p r o p r i a t i o n , a n d t h e
d e b i t s a n d c r e d i t s b e l o n g i n g t h e r e t o ; h e - s h a l l
3 . g i v e a r e c e i p t t o e v e r y p e r s o n p a y i n g m o n e y i n t o t h e T r e a s u r y , t h e r e o n
s p e c i f y i n g t h e d a t e o f p a y m e n t a n d o n w h a t a c c o u n t p a i d ; h e - s h a l l a n d
a l s o f i l e c o p i e s o f s u c h r e c e i p t s w i t h - h i s t b g _ m o n t h l y r e p o r t s ; h e - s h a l l
4 . a t t h e e n d o f e a c h a n d e v e r y m o n t h a n d a s o f t e n a s m a y b e
r e q u i r e d , r e n d e r a n a c c o u n t t o t h e C o u n c i l , u n d e r o a t h , s h o w i n g
t h e s t a t e o f t h e T r e a s u r y a t t h e d a t e o f s u c h a c c o u n t a n d t h e
b a l a n c e o f m o n e y i n t h e T r e a s u r y ; h e - s h a l l a l s e - a n d - a c c o m p a n y
s u c h a c c o u n t s w i t h a s t a t e m e n t o f a l l r e c e i p t s a n d
d i s b u r s e m e n t s , t o g e t h e r w i t h a l l w a r r a n t s r e d e e m e d a n d p a i d b y
1 t h e T r e a s u r e r , w h i c h s a i d w a r r a n t s , w i t h a n y a n d a l l
v o u c h e r s h e l d b y - h i m t h e T r e a s u r e r , s h a l l b e f i l e d w i t h h i s t b g
s a i d a c c o u n t i n t h e C l e r k ' s o f f i c e ; a n d i f h t ��s a i d T r e a s u r e r
n e g l e c t s o r f a i l s f o r t h e s p a c e o f t e n ( 1 0 ) d a y s f r o m t h e e n d o f
e a c h a n d e v e r y m o n t h t o r e n d e r - h i s t b g s a i d a c c o u n t , - h i s t h e
o f f i c e s h a l l b e d e c l a r e d v a c a n t a n d t h e C o u n c i l s h a l l f i l l t h e
v a c a n c y b y a p p o i n t m e n t _ H e s h a l l - a l s o
5 . k e e p a r e c o r d o f a l l o u t s t a n d i n g b o n d s a g a i n s t t h e C i t y s h o w i n g
t h e n u m b e r , a m o u n t o f e a c h , a n d t o w h o m s a i d b o n d s w e r e
i s s u e d ; a n d w h e n a n y b o n d s a r e p u r c h a s e d , p a i d o r c a n c e l e d ,
a n d r e c o r d s h a l l s h o w t h e f a c t ; a n d
6 . i n - h i s L e a n n u a l r e p o r t h e - s h a l l - d e s c r i b e p a r t i c u l a r l y t h e b o n d s
i s s u e d a n d s o l d d u r i n g t h e y e a r a n d t h e t e r m s o f t h e s a l e w i t h
e a c h a n d e v e r y i t e m o f e x p e n s e t h e r e o f .
( C ) C i t y A t t o r n e y : T h e C i t y A t t o r n e y s h a l l :
1 . b e a m e m b e r i n g o o d s t a n d i n g o f t h e I d a h o S t a t e B a r ;
2 . b e t h e l e g a l a d v i s o r o f t h e m u n i c i p a l c o r p o r a t i o n ; s h a l l
3 . r e p r e s e n t t h e C i t y i n a l l c i v i l s u i t s o r p r o c e e d i n g s i n w h i c h t h e C i t y i s
i n t e r e s t e d ;
4 . a t t e n d a l l C o u n c i l m e e t i n g s ; a n d
5 . r e p o r t t o t h e C o u n c i l o n l e g a l a n d p o l i c y m a t t e r s a t t h e i r r e q u e s t
a n d d i r e c t i o n ;
6 . p r o s e c u t e t h o s e v i o l a t i o n s o f C o u n t y o r C i t y o r d i n a n c e s , S t a t e t r a f f i c
i n f r a c t i o n s , a n d S t a t e m i s d e m e a n o r s c o m m i t t e d w i t h i n t h e M u n i c i p a l
l i m i t s - a n d i n s o d o i n g s t h e C i t y P r o c c e u t e r - h i s - d e p u t i e s , o r - c e n t r a e t
c o u n s e l s h a l l e x e r c i s e t h e s a m e p o w e r s a s t h e C o u n t y P r o s e c u t o r
i n c l u d i n g , b u t n o t l i m i t e d t o , g r a n t i n g i m m u n i t y t o w i t n e s s e s ; - T h e - C i t y
,
7 . a n d p e r f o r m s u c h o t h e r d u t i e s a s m a y b e p r e s c r i b e d b y o r d i n a n c e s a n d
r e s o l u t i o n s d u l y p a s s e d .
O R D I N A N C E N O . 6 5 9 p a g e 4 o f 6
P a s s e d a n d a p p r o v e d M a r c h 1 0 , 1 9 9 4
Nothing herein, however. shall preclude the City from employing alternative
additional counsel when deemed advisable. such as when retaining bond
counsel, or when the City Attorney retains other temporary assistance as
provided for in the budget respecting that Office. (Ord. 585—A, 8-8-91; Ord. 606,
5-14-92)
(E) The Public Works Director Department shall be responsible for the safe and
efficient operation and maintenance of the City's water and sewer systems
including collection and distribution networks and treatment facilities, The
park maintenance, n;.the
maintenance of the public streets, roads and alleys, and -of -the City's airport.
(F) The Recreation Direeter Department shall be responsible for creating and
maintaining a recreation program meeting the needs of the resident and
tourist populations of the community .
(G) The Golf-Seperintendent Department shall be responsible for the
maintenance of the McCall Municipal Golf Coursel and all buildings and
all improvements thereon and all equipment.
(H) Police Chief: The Chief of Police shall be Chief of the police force and all
full-time or reserve police assistant officers shall be subordinate to -him the
Chief and subject to his the Chief's orders. It shall be -his the Chief's duty
to cause the public peace to be preserved and to see that all laws and
provisions of this Code are enforced within the City limits,., and -when -any
The Chief, and
through -him the Chief, the Police Department, have the responsibilities
stated in Section 5-1-020 of this Code.2
(I) Fire Chief: The Fire Chief shall be Chief of all firemen, paid or volunteer,
who shall be subordinate to him the Chief and subject to -his the Chief's
orders. It shall be -his the Chief's duty to ensure that all reasonable
efforts are undertaken to prevent fires. When a fire occurs, it shall be -his
the Chief's duty to take all reasonable and necessary efforts to minimize
the loss of life and property to the City's residents. and to investigate in
cooperation with the Police Chief all fires of suspicious origin.
The Airport meager -Department shall administer and enforce all
ordinances, rules and regulations for the operation and maintenance of
the McCall Municipal Airport3 as promulgated by the Mayor and council,
and shall do and perform such other duties that may be fixed by
resolution by the Council. (Ord. 585—A, 8-8-91)
Section 5. Section 1-9-4 of the McCall City Code relating to the appointment and
removal of Officers is amended to read as follows:
(J)
1 See Title VIII, Chapter 15 of this Code.
2 Section 5-1-020 of this Code reads: "The Chief of Police, and through him and as directed by him, the
Police Department, has the duty within the limits imposed by the resources of the Department to preserve
the public peace and to see that all laws and regulations of [Title 5 of the McCall City Code] and the
criminal laws within the Idaho Code are enforced within the City. Whenever any violation of such laws or
regulations shall come to the attention of the Department or be reported to it, it shall cause the requisite
investigation and report to be made; and shall when in the judgment of the Chief it is merited, seek
prosecution by the City or County Prosecutor as may be appropriate."
3 See Title VIII, Chapter 16 of this Code.
ORDINANCE NO. 659 page 5 of 6
Passed and approved March 10, 1994
section-SO-2-0-6,
The Council shall appoint or remove the City Attorney, or confirm or fail to confirm the City
Managers apointment or removal of the Clerk or of a Department Head (whether or not also and
Officer) as follows. The Council shall adopt a motion to meet as a committee of the whole. The
committee of the whole shall consider the matter of the appointment or removal. make a
recommendation to the Mayor. and adioum. The Council then having been called back into its
session. the Mayor shall appoint or remove the City Attorney. or move or refrain from moving the
confirmation of the action respecting the Clerk or the Department Head. as was recommended by
the committee of the whole. The Mayor may vote against confirmation of that appointment or
removal if the Mayor chooses to do so. Council recognizes that it is endeavoring to reconcile two
chapters of Title 50 of the Idaho Code which are less than clear concerning the appointment or
removal of Department Heads who are also Officers, and adopts this procedure as the policy of
the City in dealing with that ambiguity.
Section 6. Section 1-9-5 of the McCall City code is amended to read as follows:
1-9-5: PERSONNEL RULES; APPLICABILITY TO OFFICERS: i who
are-Rot-9#ase . The rights and duties of -classified employees
are defined by the Personnel Rules Policy Manual adopted and amended from time to
time by resolutions of the Council. The City Manager, City Officers. and Department
Heads are Exempt Employees from the Personnel
is
the -Personnel -Rules. The City Manager, City Officers. and
Department Heads shall perform such supervisory and grievance duties as are assigned
to them by the Personnel Rules.
Section 7. Section 1-10-1 of the McCall City Code is amended to read as follows:
1-10-1: TEMPORARY CITY ADVISORY COMMITTEES: Pursuant to Idaho
Code, section 50-210, the City of McCall deems it necessary-and41 expedient to
the efficient operation of the City to have citizen advisory committees -as
including. but not limited to, those named below:
Airport Advisory Committee
Park and Recreation Committee
Transportation Advisory Committee
Golf Course Advisory Committee
Building Standards Advisory Committee
The Council shall assign duties and responsibilities to each of these committees
by motion of the Council and provide for the committees' organizations. Members
shall be appointed and removed
according to the procedure set out in Section 1-9-4 (C).
Section 6. This Ordinance shall be in full force and effect from and after its approval and
publication as required by law.
Passed and approved March 10, 1994.
Dean Martens
Mayor
ATTEST:
Arthur J. chmidt,
City Cler
ORDINANCE NO. 659
Passed and approved March 10, 1994
page 6 of 6
STATE OF IDAHO )
COUNTY OF VALLEY)
CERTIFICATE OF RECORDING OFFICER
SS
I, the undersigned, the duly appointed, qualified, City Clerk of
McCall City, Idaho, do hereby certify the following:
1. That pursuant to the provisions of Section 50-207, Idaho
Code, I keep a correct journal of the proceedings of the Council of
McCall City, Idaho, and that I am the statutory custodian of all laws,
ordinances and resolutions of said City.
2. That the attached Ordinance No. is a true and correct
copy of an ordinance passe at a regular meeting of the Council of
McCall City held onj a„ /O , 19 %' , and duly recorded in my
office; and
3. That said regular meeting was duly convened and held in all
respects in accordance with law and to the extent required by law, due
and proper notice of such meeting having been given; that a legal
quorum was present throughout the meeting and that a legally
sufficient number of members of the Council of McCall City voted in
the proper manner and for the passage of said ordinance; and that all
other requirements and proceedings incident to the proper adoption and
passage of said ordinance have been duly fulfilled, carried out and
observed; and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of McCall, Idaho, this day of
1911
Arthur J. chmidt, City Clerk
(Seal of the City)
Publisher's Affidavit of Publication
STATE OF IDAHO
County of Valley
I, Ramona A. George, being duly sworn and say, I •am the receptionist
of The Central Idaho Star -News, a weekly newspaper published at McCall, in
the County of Valley, State of Idaho; that said newspaper is in general
circulation in the county of aforesaid and is a legal newspaper; that the
NOTICE OF ORDINANCE 659, a copy of which is enclosed hereto and is a
part hereof, was published in said newspaper once a week for one consecutive
week in the regular and entire issue of every number there of during the period
of time of publication, and was published in the newspaper proper and not in a
supplement; and that publication of such notice began March 17, 1994 and
ended March 17, 1994.
}.SS
u6';cribed and sworn b re
STATE OF IDAHO
COUNTY OF VALLEY •
th day of March, 1994.
On this 17th day of March, in the year of 1994, before me, a Notary
Public, personally appeared Ramona A. George, known or identified to me to
be the person whose name subscribed to the within instrument, and being by
me first duly sworn, declared that the statements therein are true, and acknowl-
edged to me that she executed the same.
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires: 1999
ORDINANCE NO: 659
AN ORDINANCE OF THE CITY OF
W.ALL, IDAHO, IMPLEMENTING THE
?GSION OF THE VOTERS TO ADOPT
IE COUNCIL-MANAGERPLAN OF
9VERNMENT; PROVIDINGFORTRAN-
TION; CONFORMING THE CITY CODE
THE CHANGE; AND PROVIDING AN
1FEC11VE DATE
BE IT ORDAINED BY THE MAYOR
COUNGLOFTHE CITY OF McCALL,
IAHO, AS FOLLOWS:
Section 1. Chapter 7 of Tide 1 of the
cCallCityCodeis repealed and i is b elow set-
t sections are re-enacted, renumbered, and
headed as indicated in each; by striking
rough matterto be deleted and inserting mat-'
tunderlined, to conform those'sections to the
option of the Council -Manager Piao:.
I ia41-8-7: MAYOR; AUTHOR-
Y, DUTIES AND POWERS: The Mayor
all be elected by the Council from among its
embershio fora term of two years at the first
Cedng of Council after each general or spe-
d election of members of the Council: the
'nor may be removed by Council The au-
arily, duties and powers of the Mayor are as
dined specifically in eci o 50- 810.
iapterti Idaho Code,and generally as maybe
signed in Title 50, Idaho Code to the extent
psistentwith Chanter fl.Title50. rdaho Code.
4-7-2-1-8-8: SALARY OF
AYOR: The salary of the Mayor of the City
all be three hundred fifty dollars (S350) per
oath. •
Section 2. Chapter 8 of the McCall City
ode is amended by adding the following Sec -
in 1-8-6:
1-8-6: PROCEDURE FOR FILLING
ACANCIES ON COUNCIL: In the event a
rcancy exists in the membership of the Coita-
1, the Council shall adopt a motion to meet es
pommitteeofthe whole.Thecommittee of the
hole shall consider the matter of an appoint -
tent to fill such vacancy make a
commendation to the Mayor. and adjourn
he Council then having been called back into
tsession. IheMayorshall a000intsuchperson
was recommended by the committee of the
hole: the Mavor may vote against confrrma-
sn of that appointment if the Manor chooses
,do so
Section 3.Section 1-1-5 of the McCall City
ode, Definitions, is amended to insert the
alowiag definition of "Department Head
id to amend the definition of "Officers" as
Haws:
DEPARTMENT HEAD. The person ap-
r ioted by theCity Manager, and confirmed by
e Council, to direct and oversee a City De -
lament listed in Section 1-9-9 of this Title.
OFFICERS. L,cl"J.e The Citv At-
pany.,the City Clerk, the City Fire Chief. the
ity Police Chief. and the City Treasureraad
b... Gy.FG..,., ,,.,,,..J L, tl,. Gt, C.",.ell.
Section 4. Chapter 7 of Title 1 of the
'cCall City Code is re-enacted under theTitle
:1TY MANAGER" to read as set out below:
1-7-010: OFFICE OF CITY
ANAGER CREATED: The office of City
aoager of the City is hereby created. The City
aoager shall be appointed by the Council on
e basis of the individual's qualifications and
perience, and other factors deemed relevant
, the Council; and the City Manager shall
'Id office during the pleasure of the Council.
1-7-020: ELIGIBILITY: Rai -
rice in the City at the time of appointment as
ly Manager shall not be required as a condi-
establish wilhinlwelvemonlhsafterappcint-
meat. No person elected to membership on the
Council shall, subsequent to such election, be
eligible for appointment as City Manager until
one year has elapsed after that person -he has
ceased to be a member of the Council.
1-7-030: BOND: The City Man-
ager shall secure a corporate surety bond to be
approvedby McConnell in such sum as maybe
determined by the Council, which shall be
conditioned on the faithful performance of the
duties imposed on the City Manager as herein
prescribed The bond fee shall be paid by the
City:
1-7-040: ABSENCE: To per-
form the duties of the City Manager during the
temporary absence or disability of the perma-
nentCityManage r,the pennaneotCityManager
may designate by letter, filed with .the ,City
I Attorney, a qualified administrative officer of
the City, In We eventofa failure to make such
designation, the Cadncit may, by resdlutioh,
appoint an officer of the City to perform the
duties of the City Manager uulil thepennaaent
City Manager shall have returned ordrn Os
disability shall have ceased, and the appointee
shall qualify as provided undo Sections.I-7-
020 and 1-7-030 of this Chapter.
1,7=050: COMPENSATION:
The City Manager shall receive such edmpen-
sation as the. Council shall from time Co time
determine and fix by resolution. ' The City
Manager shall be reimbursed forall sums nee-
+ essarily incurred or paid by We City Manager
in the.perfoemance of the Cily Manager's
' duties, or maned when traveling on business
pertaining to the.City under direction of the
Council; reimbursement shall only be lade,
f however, when a verified itemized claim, sel-
fring forth the sums expended' for which
reimbursement isrequested,hasbeenpresented
to the.Council and by such Council approved
',and allowed.
1-7-060: POWERS AND DU-
TIES: The City Manager shall:
(A) .Have general supervision over the
i business of the City.
(B) See thatlheordinanixvandpolicies
of the City are complied With and faithfully
Iexecuted.
"(C)' Attend all meetings of the Council
I at which -his the City Manager's attendance is
I required by that body.
(D) Recommend for adoption to the
Council such measures as the City Manager
may deem oemssary or expedient.
(E) 'Make the appointment of all de-
partmentk'eads, subjecttoconfirmaticnofsuch
appointment .by the Council and such civil
serviceregulahoos as may relate thereto; pro-
vided, however, that the City Attorneyshall be
excluded from the scope of the Gty Manager's
appointment, termination, and supervisory au-
thority.The City Attorney shall report directly
to Council; however, theservices and facilities
of the City Attorney shall be made available to
the City Manager and, under guidelines of the
City Manager, to the 'Officers, Department
Heads and staff of the City as toCity business.
(F) Prepare and submit to the Council
suchreports as maybe required bythatbody, or
, as the City Manager may deem advisable.
(G)' Keep the Council fully advised of
the financial esnditionof the City and its future
needs;
(H) Prepareandsubmit to the Council
tentative budget for the next fiscal year.
(I) Perform such other duties as the
Council may establish by ordinance or resolu-
tion.
(1) Terminate a department head's ap-
pointment, subject to confirmation of such
termination by the Council and such civil ser-
vice regulations as may relate thereto :
(K) ' Possess such powers as arc vested
in the Mayoras provided in Idaho Code section
50-606..-
1-7=070 ORDERS AND DI-
RECTIONS: The Council and its members
shall deal with the administrative services of
the Ciryonly through the City Manager, except
for the purpose of inquiry, and neither. the
Connell nor any member thereof shall give
orders to any subordinates of th a Ci ty Manager.
Section 4. Section 1-9-9 of the McCall City
Code, which lists the City Officers and their
duties, is amended as follows, in part by delet-
ing or combining certain offices and
renumbering the Subsections accordingly:
1-9-9 DEPARTMENTS DESIGNATED
AND OFFICERS' AND DEPARTMENTS
HESIBHATLD ,..NB DUTIES LISTED BY
TITLE: The City of McCall deems it noesssry
for the efficient operation of the City to creole
the following Departments of the Ciry.each to
be administered by a Department Head: deaig-
r,"t. tb. f ll.,..;,,g µ...;4..,,.,
Ob)f
CL;cf, FL. G.:.f, "nd
The Department Heads ap-
pointed by the City Manager for the Fire
Department Police Department and Treasury
peoartment are unless otherwise directed by
Council at the time. the Fire Chief, Police
Chief. and Treasurer. respectively. each anon
confirmation by Council of the appointment
Responsible Officer Department
and Department: Head:
Airport Department Airport Manager
Fire Department Fire Chief
Golf Department Golf Superintendent
Police Department Police Chief
Public Works Dept Public Works Director
Recreation Dept. Recreation Director
Treasury Dept. Treasurer
The rights, duties and responsibili-
ties of each City Officer and/or Department
are:
p., , umu a :— . c ugnuf
duties and obligations of the City Administra-
tor shall be fixedby resolution, acopy of which
shall be kept on file in the office of the City
Clerk.
(A) City,Clerk:
I. Duties and meetings: The Cily
Clerk shall attend all meetings of the Council,
fotikeepytmeand arrarntentnetcsjoumalof
the pcoeeedingsof the Council
and-tamd- he -mime in a -minute book to be
furnished by the City.
2. Custodian of Seal: The City Clerk.
shall be the keeper of the Seal of the City and
• shall affix it to ell
doomens which by law are required to be
attested with the Seal of the City.
3. = Custodian of Records: The City
Clerk shall have the custody of andshall safely
keep all records, doamments, contracts, bonds
and all otherpapers and instrumentsbelonging
toseidlbn.City until disposed ofinareord with
)C 50-907. It shell be the Clerk's duty to keep
the original ordinances passed by the Council.
The Clerk shall attach to each copy of an
ordinance thus mad.:,,-.,;J.,.J:.,..:.. L....k a
certifieptosignedbyitimI1tn_aer and attested
with the Seal of the City to the effect that the
said copy is a true and correct copy of the
ordinance as passed.
4. Certified Instruments: 'Upon -de -
need -end payment of theme fees therefore
faxed in accord with resolution of the Council
"...,.,J..:,.e
,...u., the Clerk
shall furnish any ,persoo applying therefor a
certified copy of any record ordinance, paper
or document in hirihe Clerk's possession as
such Clerk except these records exempt by law
from disclosure or espying. All fees shall be
amounted for and paid to the Treasurer of the
City.
5. General Duties: The Clerk shall do
and perform such other -duties as may be re-
quired from timetotimebyorderof the Council
or es prescribed in Tide 50, Idaho Code.
(B) CityTreasurer _TheTreasurershall:
L be custodian of all money belong-
ing to the City; he -shall
. keep a separate account of each
' fund or appropriation, and the debits and cred-
its belonging thereto; Ire-ehdk
S, give a receipt to every person pay-
i0gcoon ey into the.Treasury, thereon specifyying
the date of payment and on what account paid;
lre-shell pad also file copies of such receipts
within Ibnmoolhly reports; beshntl
4, at the end of each and every month
and as often as may bp.required, render. an
account to the Council, under oath, showing
the state of the Treasury at the date of such
amount and the balance of money in the Trea-
sury; bedialaisaandaocompany suchampseas
with a statement of all receipts and disburse-
meots,togetherwithad warraatsredeemedaod
paidbyhimlheTreasurer whichsaidwarrants,
with any and ell"vouchers held by -bin
Treasurer shall be filed with-hia to eaid'
accriont in the Clerk's office; and if the said
Treasurer neglects or fails for the space of ten
(10) days from the end o f each and every Month
to readerhn Laid account, -his' the office
shall be declared vacant and the Council shall
fill the vacancy by appointmeotL IL.,Ldl Js r
J. keep a record of all outstanding
bonds against the City showing We Dumber
amount of each, and to whom said bonds were
issued; and when any bonds arc purchased, •
paid or canceled, and record shall show the
fact and
• la -his the annual report
describe particularly the bonds issued and sold
during the year and the terns of the sale with
each and every item of expense thereof.
(C) City Attorney: The City Attorney
shall:
1. be a member in good standing of
• the Idaho State Bar; •
L be the legal advisor of themuaici-
pal corporation; shaft
3. represent the City inall civil suitsor
proceedings in which the City isinterested;raid
h, L.JL,v,J,,,u„u., o„a ,...wlunavu,.iulf•
passed:'lle-altalf
4. attend all Council meetings; and
• report to the Council on legal and
policy matters at their request and direction; .
6, ptosecutethoseviolatioasofCounty
or City ordinances, State traffic infractions,
and State misdemeanors committed within the
Municipal limits r and in so doing, .Lc C;tf
shall exercise the same powers as the County
Prosecutor including, but not limited to, grant-
ing immunity towitnesses,
wan dt..JJa dJ ...,,,,.,.t of th.
7. and perform such other duties as
may be prescribed by ordinances and resolu-
tions duly passed. ii. ,LJI b. " m.",L.. m
tL. u.t v ..qquu;red.
Nothing herein . however.shal l pre-
clude the City from employing alternative
additional counsel when deemed advisable
such as when retaining bond counsel. or when
the City Attomev retains other tempoary s-
sistanceasprovidedfor inthebudeetresnectier
that Office (Ord.585-A,8 8-91;Ord.606,5-
14-92)
(E) The PublicWorksDireeterpepzrt-
1 e0em_shall be responsible for the safe and
efficient operationaod maintenaoceofthe City's
water and sewer systems including collection
and distribution networks and treatment facili-
ties,. Th. lebt. W.,k. D1...M ,LJI h
resporobteforparkmainlenaoce,ond themain-
teoance of the public streets, roads and alleys,
and-of-dm City's airport.
(F) The Recreation Director Depart-
cars,,,.„a., ucrespnrawtcwrcrwangmmmam---
taininga reaeatio0program meeting theneeds
of the resident and tourist populations of the
community d JL...h.J b, W. Cir,
(G) The GolfDeoart-
mentshall be responsible for rho maintenance
of the McCall Municipal Golf Courser and all
buildings and all improvements thereon and all
equi ent
Police Chief: e Chief of Police -
shal Th
be Chief of the police foraand allj_1L
Jimedrreurveooliacnsistrmtofficersshallbe
subordinate to -him the Chief and subject ldiris
the Chiefs orders. It shall be -his the Griefs
duty- to muse the public peace to he preserved i
and to see that all laws and provisions of this
Cade are enforced within the City limits" -and
t.. L:a
tLat i
The Chief, and f
throughiim the Grief. the Police Department, ,
have the responsibilities stated in Section 5-1-
020 of this'Code.r
Fite Chief: The Fie Chief shall be I
Chief of all firemen, paid or volunteer, who '
Shall be subordinate to him the Chief and sub-
ject to -his the Chiefs orders. It shall beidstttg I
'Chiefs duty to ensure that all reasonable'
effortsareuodectakea to prevent fires. When
-fire onus, it shall beirn)he Chiefs duty to
take all reasonable and necessary efforts to ,
mioimize the loss of life and property to We i
'City's residents and to investigate in coopera-
tion with the PoliceChief all firesofsuspicieus ,
91JLm•
(J) The Airport M"..erg.. Department I
shall administer and enforce all ordinances,
:rules and regulations for the operation ands
maintenanceof the McCallMunicipalAirports
aspromulgated by the Mayor and council, and
shall do and perform such other duties that may
be fixed by resolution by the Council. (Ord. ,
585-A, 8-8-91) - -
Section 5. Section I-94ofthe McCall City
Code relating to the appointment and removal {
of Officers is emended to read as follows: ,
(A) Appointment: Officers of the City ,
shall be appointed in the manner prescribed by I
Idaho Code, sections 50-204 and 50-205.
(B) Gy .,hell
58.265:
The Council shall appoint or re-'
'move the Gty Attomev. or confirm or fail to
rehfirm the City Manager's apointment or re-.
moval of the Clerk or of a Department Head
(whether cr•nol also and Officer) as follows.
The Council shall adopt a motion to meet as a
committee of the whole. The committee of the
whole shall consider the maller cif the appoint--
ment or removal. make a recommendation to
the Mayor. and adjourn. The. Council then
"having been called back into its session the
Mayor shall appointor remove the Citv Actor- :
ney. or move or refrain from .moving the
confirmation of the action respecting the Clerk '
or the Department Head. as was recommended
by Ihecommioeeofthe whole.The Mayor may,
vote against confirmation of that appointment
or removal if the Manor chooses to do so.
Snuncil recognizes that it is endeavoring to ,
reconcile two chapters of Title 50 of the Idaho
Code which are less than clear concerning the
appointment or removal of Department Heads •
who are also Officers end adepts this oroce-'
dare as the policy of the City in dealing with
that ambigaiy .,
Section@. Section l-9S of the McCall City
code is amended to read as follows: -
1-9-5: PERSONNELRULES;APPLICA-
B ILITY TOAFf EERS: id!
,.ot OCF..,,_.,..Iav:GJ tee
pleycv. The rights and duties of ..i..,;G.J
employees are defined by the Personnel-Rn4es
.Policy Manual adopted and amended from
.time to time by resolutions of the Council. The
City Manager Cily Qffrcers'and Department
cad are
? xempt Employee f ..
efficermehearedesignatedmdepartmeritheads
by- tl,.. P.,,.,,,,,.1 R.I. ,: The City Manager
City Officers. and Department Heads shall
perform such supervisory and grievance duties
as are assigned to them by the Personnel Rules
Section 7. Section 1-10-1 of the McCall
City Code is amended to read as follows:
1-10-1:TEMPO RARY CITY AD V I SORY
COMMITTEES: Pursuant to Idaho Code, sec-
tion 50-210, the Cily of McCall deems it
necessary -midi expedient to the efficient
operation of the City to have citizen advisory
committees -as including, but not limited to
those named below: '
Airport Advisory Committee
Park and Recreation Committee
Transportation Advisory Committee
Golf Course Advisory Committee •
Building Standards Advisory Committee
The Council shall assign duties and respoo-
sib ili t ies to each of these m mmi ttees by motion
of the Connell and provide for the committees'
organizations. Members shall be appointed and
removed L, tLc M",or "dh thc,..,,u.,,t.,Ctl..
according to the procedure set out in
Section 1-9-4 (C).
Section 6. This Ordinance shall be in full
force and effect from and after is approval and
publication as required by law.
Passed and approved March 10, 1994.
Dean Martens, Mayor
ATTEST: Arthur I. Schmidt, City Clerk
1 See Title VIII, Chapter 15 of this Code.
2 Section 5-1-020 of this Code reads: "The
Chief of Police, and through him and as di-
rected by him, the Police Department, has the
duty within the limits imposedby the resources
of the Department to preserve the public peace
and to see that all laws and regulations of [Title
5 of the McCall City Code) and the criminal
laws within rheldaho Codeare enforced within
the City. Whenever any violation of such laws
or regulations shatl'come to the attentionbf the"'
Department or be reported to it, it shall cause ,
the requisite investigation and report to be '
made; and shall when in the judgment of the
Chief his merited,seekprosenrlionby WeCity I
or County Prosernlor as may be appropriate." ,
3 See Title VIII; Chapter 16 of this Code.
1t3/17
NOTICE OF ERROR IN
PUBLICATION OF ORDINANCE 659
CONCERNING CITY MANAGER IMPLEMENTATION
Please take notice that the publication of Ordinance 659 which occurred on
Thursday, March 17, 1994 contained an error at the top of the third column in which a
paragraph entitled "City Administrator" was shown as in effect, rather than as repealed.
The correct appearance of the paragraph is as follows:
Gity-G!eric
The original Ordinance appears as shown in this Notice.
DATED: March 22, 1994
CITY OF McCALL
by:
by:
Arthur J Schmidt,
Clerk
Cc:Ward G. Burton
City Attorney
1. SS
Publisher's Affidavit of Publication
STATE OF IDAHO
County of Valley
I, Ramona A. George, being duly sworn and say, I am the receptionist
of The Central Idaho Star -News, a weekly newspaper published at McCall, in
the County of Valley, State of Idaho; that said newspaper is in general
circulation in the county of aforesaid and is a legal newspaper; that the
NOTICE OF ERROR IN PUBLICATION OF ORDINANCE 659, a copy of which
is enclosed hereto and is a part hereof, was published in said newspaper once
a week for one consecutive week in the regular and entire issue of every
number there of during the period of time of publication, and was published in
the newspaper proper and not in a supplement; and that publication of such
began March 24, 1994 and ended March 24, 1994.
Subscribed and sworn be ore m= this he day of March, 1994.
STATE OF IDAHO
COUNTY OF VALLEY •
24
On this 24th day of March, in the year of 1994, before me, a Notary
Public, personally appeared Ramona A. George, known or identified to me to
be the person whose name subscribed to the within instrument, and being by
me first duly sworn, declared that the statements therein are true, and acknowl-
edged to me that she executed the same.
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires: 1999
NOTICE OF ERROR IN PUBLICATION
OF ORDINANCE 659
CONCERNING CITY MANAGER
IMPLEMENTATION
Please take notice that the publication of
Ordinance 659 which occurred on Thursday,
March 17, 1994 contained an error at the top of
the third column in which a paragraph entitled
"City Administrator" was shown as in effect,
rather than as repealed. The correct appearance
of the paragraph is as follows:
(A) it Ad,..;n;"tvr. Tl,z r:gl.t, d„t:es'
d nUlig"tie..s of the City A. Jwinist.atur shall
by .,a.,l.,tiva el wily .,f vvi . i, hall Lam'
kept -on fil, in "th., offez of tit,. CIty Ckrk.
The original Ordinance appears as shown
in this Notice.
DATED: March 22, 1994
CITY OF McCALL
By: Arthur J. Schmidt, Clerk
By: Edward G. Burton, City Attomey lt3/