HomeMy Public PortalAboutOrd. 659 - Supporting DocsAMENDED COPE SECTIONS PER ORDINANCE 659:
1-1-5 of the McCall City Code, Definitions, is amended as follows :
DEPARTMENT HEAD. The person appointed by the City Manager, and confirmed by the
Council , to direct and oversee a City Department listed in Section
1-9-9 of this Title.
OFFICERS . The City Attorney, the City Clerk, the City Fire Chief,
the City Police Chief, and the City Treasurer.
CHAPTER 7 AS REPLACED
1-7-010: OFFICE OF CITY MANAGER CREATED : The office of City Manager of the City is
hereby created . The City Manager shall be appointed by the Council on the basis of the
individual's qualifications and experience, and other factors deemed relevant by the Council ;
and the City Manager shall hold office during the pleasure of the Council.
1-7-020: ELIGIBILITY: Residence in the City at the time of appointment as City Manager shall
not be required as a condition of appointment, but residence must be established within twelve
months after appointment. 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 has ceased to be a member of the Council.
1-7-030 : BOND : The City Manager shall secure a corporate surety bond to be approved
by the Council in such sum as may be 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 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 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
perforri1 ance 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 the City Manager's 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 .
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(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 Counci l may establish by ordinance or
resolution .
(J) Terminate a department head's appointment , subject to confirmat ion 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 thro ug h 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 Manage r.
1-8-6 : PROCEDURE FOR FILLING VACANCIES ON COUNCIL : In the event a vacancy exists in
the membership of the Council , the Council shall adopt a motion to meet as a committee of
the whole . The committee of the whole shall consider the matter of an appointment to fill such
vacancy , make a recommendation to the Mayor, and adjourn. The Council then having been
called back into its session , the Mayor shall appoint such person as was recommended by
the committee of the whole ; the Mayor may vote against confirmation of that appointment if
the Mayor chooses to do so.
1-8-7 : MAYOR; AUTHORITY , DUTIES AND POWERS : The Mayor shall be elected by the
Counci l from among its membership for a term of two years at the first meeting of Council
after each general or spe ci al election of members of the Council; the Mayor may be
removed by Counc il. The authority , duties and powers of the Mayor are as defined
specifically in Section 50 -810 , Idaho Code , and generally as may be assigned in Title 50,
Idaho Code , to the extent consistent with Chapte r 8 , Title 50 , Idaho Code .
1-8-8 : SALARY OF MAYOR: The salary of the Mayor of the City shall be three hundred fifty
dollars ($350) per month .
1-9-4 APPOINTMENT AND REMOVAL. The Council shall appoint or remove the City Attorney ,
or con fi rm or fail to confirm the City Manager's appointment or removal of the Clerk or a
Department Head (whether or not also an 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
adjourn. The Council then hav ing been called back into its session , the Mayor shall
appoint or remove the City Attorney, or mo ve 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 . The 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 and removal of Department Heads who are also Officers , and adopts
this procedure as the policy of the City in dealing with that ambiguity .
1-9 -5 : PERSONNEL RULES ; APPLICABILITY : The rights and duties of employees are defined by
the Personnel Policy Manual adopted and amended from time to time by resolut ions of the
Council. The City Manager , City Officers , and Department Heads are Exempt Employees ..
The City Manager , City Officers , and Department Heads shall perform such supervisory and
grievance duties as are assigned to them by the Personnel Rules .
1-9-9 DEPARTMENTS DESIGNATED AND OFFICERS ' AND DEPARTMENT'S 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 :. The Department Heads for the Fire Department, Police Department, and Treasury
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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: Department Head :
Airport Department Airport Manager
Fire Department Fire Chief
Golf Department Golf Superintendent
Police Department Police Chief
Public Works Department Public Works Director
Recreation Department Recreation Director
Treasury Department Treasurer
The rights , duties and responsibilities of each City Office r 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 journal of the proceedings of the
Council in a book to be furn ished 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 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 the 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
ord inance thus made a certificate signed by the Clerk and attested with
the Seal of the C ity to the effect that the copy is a true and correct copy
of the ord inance as passed .
4 . Certified Instruments: Upon payment of the fees therefore fixed in accord
with resolution of the Counc il the Clerk shall furnish any person applying
therefor a certified copy of any record, ordinance, paper or document in
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 Cit y.
5. General Duties : The Clerk shall do and perform such other duties as may
be required from time to time by order of the Council or as prescribed in
Title 50 , Idaho Code .
(B) City Treasurer: The Treasurer shall :
1. be custodian of all money belonging to the City ;
2. keep a separate account of each fund or appropriation, and the debits
and credits belonging thereto ;
3 . give a receipt to every person paying money into the Treasury, thereon
specifying the date of payment and on what account paid ; and also file copies
of such receipts with the monthly reports ;
4. at the end of each and every month and as often as may be required ,
render an account to the Council , under oath , showing the state of the
Treasury at the date of such account and the balance of money in the
Treasury ; and accompany such account with a statement of all receipts
and disbursements , together with all warrants redeemed and paid by the
Treasurer, which warrants , with any and all vouchers held by the
Treasurer, shall be filed with the account in the Clerk's office ; and if the
Treasurer neglects or fails for the space of ten (10) days from the end of
each and every month to render the account , the office shall be declared
vacant and the Council shall fill the vacancy by appointment ;
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5. keep a record of all outstanding bonds against the City showing the
number, amount of each , and to whom said bonds were issued; and
when any bonds are purchased , paid or canceled, and record shall show
the fact; and
6. in the annual report describe particularly the bonds issued and sold
during the year and the terms 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;
2. be the legal advisor of the municipal corporation ;
3 . represent the City in all civil suits or proceedings in which the City is
interested ;
4 . attend all Council meetings ;
5. report to the Council on legal and policy matters at their request and
direction ;
6. prosecute those violations of County or City ordinances, State traffic
infractions , and State misdemeanors committed within the Municipal
limits and in so doing shall exercise the same powers as the County
Prosecutor including , but not limited to , granting immunity to witnesses ;
7. and perform such other duties as may be prescribed by ordinances and
resolutions duly passed ..
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, fH3-91; Ord. 606,
5-14-92)
(E) The Public Works 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 , park maintenance ,
and the ma intenance of the public streets , roads and alleys , and City airport .
(F ) The Recreation 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 Department shall be responsible for the maintenance of the McCall
Municipal Golf Course 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 officers shall be subordinate to the Chief and subject to the Chief's
orders. It shall be 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. The
Chief , and through the Chief , the Police Department. have the responsibilities stated
in Section 5-1-020 of this Code .
(I ) Fire Chief : The Fire Chief shall be Chief of all firemen , paid or volunteer, who
shall be subordinate to the Chief and subject to the Chief's orders . It shall be the
Chief's duty to ensure that all reasonable efforts are undertaken to prevent fires.
When a fire occurs , it shall be 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 .
(J ) The Airport Department shall administer and enforce all ordinances , rules and
regulations for the operation and maintenance of the McCall Municipal Airport 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)
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...
1-10-1: TEMPORARY CITY ADVISORY COMMITTEES : Pursuant to Idaho Code,
section 50-210, the City of McCall deems it necessary or expedient to the efficient
operation of the City to have citizen advisory committees including, but not limited to ,
those named below:
Airport Advisory Committee
Park and Recreation Committee
Transportat ion 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).
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J
OFF ICIE OF TH IE CITY AITORNIE Y
Edward G. Burton, Esq.
MEMORANDUM
Date: November 15, 1993
To: Incumbent Council and Councilmembers-Elect
File No:
From:
Re:
Ted Burton, City Attorney
Attached draft Ordinance
The attached draft ordinance has the purpose of providing a framework for the operation of the
City government under the Council-Manager Plan. It is offered with the hope that it will help
focus the discussion by the Council and Council-elect, and lead to early con se nsu s.
The draft is based upon the existing City Code combined with and reconciled with the Twin Falls
ordinance, because Twin Falls is reputed to have experienced stability under the Council-Manager
Pl an. Lewiston has a reputation of frequent turnover in the position. One relevant difference may
well be the notice and hearing provisions applying to termination of the City Manager provided by
T win, but not by Lewiston .
The Lewiston and Twin Falls' ordinances were handed out earlier. You will notice that when
paragraphs from each addressing the same topic are compared, they are in most cases remarkably
similar in wording to each other. Copies of the ordinances for several cities in other states were
also studied, a nd much of their wording is similar.
These ordinances from other places give protection to the independence of the City Attorney [see
for example , Twin Fall's 1-7-8(0), Lewiston's 2-42(5)]. The draft sugge sts ex tendin g the same
protection to the Treasurer and the Clerk, the former for the protection of the internal audit
function, the l atter for the protection of the certification and record-keeping function as to Coun cil
actio n. All three of these officers have whistle-blowing functions under the Idaho Cod e . These
three officers wo uld thus enjoy a direct relationship to the Council , under which information may
be give n to Council free of risk of job-related retaliation. This is one of the se areas in wh ich the
Id ah o Code is unclear, as the City Manager's authority under Chapter 8 of Title 50 is to appoint
"department he ads," while earlier provisions in the same title refer to Attorney, Clerk , an d
Treasurer as "officers." It seems likely that the term "department heads" me a n s tho se City
employees with "line authority" to -command the carrying out of functions , rather than those City
employees who have "staff' responsibility to counsel the Manager and department heads in the
ca rr yi ng out by those others of Council policy, statutes, and ordinances.
The draft a lso spell s out that the City .Manager and the City would enter into an employment
co ntract. In thi s fashion, the Manager can be protected from arbitrary disch arge. Such protection
serves the vi tal interest of the public in the stability and predictability of government. The draft
extends the con tract c oncept to the department heads and officers, and for the sa m e re aso ns. I am
advised by Mr. Schmidt that such contracts are not uncommon. Model form s have been obtained
or can be o bt ained from ICMA, Lewiston, and other sources.
The draft ord in a nce has also been made gender neutral .
Post Office Box 1065, McCall, Idaho 83638-1065 Telephone : (208) 634-7142 Fax : (208) 634-3038
ORDINANCE NO. ___ _
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, IMPLEMENTING THE
DECISION OF THE VOTERS TO ADOPT THE COUNCIL~MANAGER FORM OF
GOVERNMENT; PROVIDING FOR TRANSITION; CONFORMING THE CITY
CODE TO THE CHANGE; AND PROVIDING AN EFFECTIVE DA TE .
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO , AS FOLLOWS:
Section 1. Pursuant to Idaho Code 50-807, the Council designates , 1994,
as the effective date of the council-manager plan approved by the voters at the
special election of August 31, 1993.
Section 2. Chapter 7 of Title 1 of the McCall City Code is repealed and its below set-out
sections are re-enacted, renumbered, and amended as indicated in each, by
striking through matter to be deleted and inserting matter underlined , to conform
those sections to the adoption of the Council-Manager Plan:
4-7-4 1-8-7 : MAYOR: AUTHORITY, DUTIES AND POWERS : The Mayor shall be
elected by the City Council from among its membership for a term of two years at
the first meeting of Council after each general or special election of memb ers of
the Council: the Mayor may be removed by Council, A vacancy in the office of
Mayor shall be filled by the Council by election . A Mayor may be removed from
his office only by a resolution which simultaneously elects his successor. The
authority, duties and powers of the Mayor are as defined specifically in +iUe
Section 50.:...filQ.. Chapter 6, Idaho Code, and generally as may be assigned in
Title 50 , Idaho Code, to the extent consistent with Chapter 8, Title 50. Idaho
~.
4--7-2-1..:.a:a: SALARY OF MAYOR : The salary of the Mayor of the City shall be three
hundred fifty dollars ($350) per month .
Section 3. Chapter 7 of Title 1 of the McCall City Code is re-enacted under the Title
"CITY MANAGER" to read as set out below:
[NOTE TO THE READER: IN THIS DRAFT, AND FOR EASY UNDER STANDING
OF WHAT IS BEING SUGGESTED, THE TWIN FALLS ORDINANCE JS SET OUT
WORD FOR WORD WITH SUGGESTED CHANGES FROM IT STRUCK -
THROUGH OR UNDERLINED. INTHE EVENT THIS ORDINANCE WERE TO BE
INTRODUCED, THE INTROD.UCED VERSION OF THIS LANGUAGE SHOULD
NOT HAVE STRUCK-THROUGH OR UNDERUNED WORDS OR PHRASES]
1-7-1: OFFICE OF CITY MANAGER CREATED : The office of City Manager of the City
is hereby established and created. The City Manager shall be appointed by the
City Council solely on the basis of-ffis the City Manager's executive and
administrative qualifications with special reference to-fits the City Manager's
actual experience in, or-Ats the City Manager's knowledge of , accepted practices
in respect to the duties of-fits the City Manager's office as hereinafter set forth;
and--J:te the City Manager shall hold office during the pleasure of the City Council.
The City Manager shall be insulated from politics by the execution of a contract of
employment with the City, proyidjng for a term of employqient. termination for
cause. and protection from arbitrary discharge and from arbitrary economic
penalty. Cause shall include, but not be limited to. dishonesty . or disobedie nce
of policy established by the Council. unless such disobedience is unambiguously
required by law. Such contract shall not be read to change the fact that the City
Manager serves at the pleasure of Council. but shall jn the event Council
exercises its pleasure define the rights of the City Manager.
ORDINANCE NO. page 1 of 4
Printed November 11 , 19 93 for Council meeting of November 15 , 1993 , for information and di scu ss io n
o nl y .
1-7-2 : ELIGIBILITY : Residence in the City at the time of appointment as City Manager
shall not be required as a condition of appointment. No person elected to
membership on the City Council shall , subsequent to such election , be eligible for
appointment as City Manager until one year has elapsed after he has ceased to
be a member of the City Council.
1-7-3: BOND: The City Manager shall secure a corporate surety bond to be approved
by the City Council in such sum as may be determined by the Council, am!
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 .
1-7-4 : 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 Clerk, a qualified
administrative officer of the City . In the event of failure of said permanent City
Manager to make such designation , the City Council may , by resolution , appo int
an officer of the City to perform the duties of the City Manager until the
permanent City Manager shall have returned or his disability shall have ceased ,
and the appointee shall qualify as provided under Sections 1-7-2 and 1-7-3 of t hi s
Chapter.
1-7-5 REMOVAL: In~ case of t:iis removal by in which the Council or a majority of
the same proposes to remove the City Manager from office. the City Manager
shall be provided with a written notice stating the City Council's intention to
remove-rum the City Manager and the reasons tt:ierefore for that action . Such
notice shall be proyjded at least thirty days before the effective date of such
removal. Within seven days after the delivery to-Aim the City Manager of such
notice , the City Manager may, by written notification to the City Clerk , request a
public hearing before the City Council. Thereafter the City Council shall fix a ti me
for the public hearing, which shall be held at its usual place of meeting before the
expiration of the thirty day period, at which time the City Manager shall appear
and be heard . After furnishing the City Manager with written notice of intentio n to
remove , the City Counci l may suspend-him the Cjty Manager from duty, but-Ris
the City Manager's salary shall continue until-Ris the City Manager's removal by
resolution of the City Council-ts passed subseguent to the seven day period for
the request for a hearing if no such reguest is made. or passed subsequent to th e
public hearing . The City Council, in removing the City Manager, shall use its
uncontrolled discretion and its action shall. be final and shall not depend upon any
particular showing or degree of proof at the hearing , the purpose of which is to
allow the City Manager publicly to present to the City Council the~ Manage r's
grounds of opposition· to removal, prior to its action.
1-7-6 : RESIGNATION: The City Manager shall give in writing-a not less than thirty da ys.
notice of fll.s the Cjty Manager's intention to resign before leaving , resign i ng , or
quitting the office of Cit,Y Manager.
1-7--7: COMPENSATION : The City Manager shall receive such compensation as th e
City Council shall from time to time determine and fix by resolution , ordinanc e, or
motion , and such compensation shall be a proper charge against such funds of
the City as the Council shall designate . The City Manager shall be reimbursed
for all sums necessarily incurred or paid by flim the City Manager in the
performance of fll.s the City Manager's duties, or incurred when traveling on
business pertaining to the City under direction of the City Council ; reimbursement
shall only be made , however, when a verified itemized claim , setting forth th e
sums expended for which reimbursement is requested, has been presented to
the City Council and by such Council approved and allowed.
1-7-8 : POWERS AND DUTIES: The City Manager shall be the chief executive offic er
and the head of the administrative branch of the City government. He The City
Manager shall be responsible to the City Council for the proper administration of
ORDINANCE N O. page 2 of 4
Pri nt ed November 11, 19 93 for Council meeting of Nove mber 15 , 1993, for inform ation an d di sc ussion
o nl y.
all affairs of the City under the specific direction and control of the City Council.
In addition to his the City Manager's general powers as the chief executive officer
and the head of the administrative branch of the City government, and not as a
limitation thereof, it shall be the City Manager's responsibility and duty and
power:
(A) To see that all laws and ordinances of the City are duly enforced, and
that all franchises and privileges granted by the City are faithfully
observed .
(B) To control, order and give directions to all heads of departments,
subordinate officers and employees of the City, except elected officers
and their respective staffs, and to transfer employees from one
department to another; and to con~olidate or combine offices, positions ,
departments or units under his direction.
(C) To appoint. as provided jn Idaho Code. Sections 50-811 and 50-808.
and remove any department heads and employees of the City, except
elected officers and their respective staffs, subject to ratification by the
City Council in the case of department heads ..
(D) To exercise control over all departments of the City government and over
all appointive officers and employees thereof, except elective officers and
their staffs.
(E) To attend all meetings of the City Council unless excused by the Council ,
except when-his~ removal of the City Manager is under consideration
by the Council.
(F) To recommend to the City Council for adoption such measures and
ordinances as hethe City Manager deems necessary or expedient.
(G) To keep the City Council at all times fully advised as to the financial
conditions and needs of the City .
(H) To prepare and submit to the City Council the annual tentative budget.
(I) To purchase or cause to be purchased all supplies and equipment and to
make arrangements for contractual services, for all of the departments ,
divisions. and officers of the City.
(J) To make investigations into the affairs of the City, and any department or
division thereof, and any contract ; or the proper performance of any
obligations of the City.
(M) To devote his...Q..C...Mr entire time to the duties of-fits ~office and the
interest of the City.
(N) To perform such other duties and exercise such other powers as may be
delegated to-fflm the City Manager from time to time by ordinance or
resolution of the City Council.
(0) In addition to the elective officers and their respective staffs, the position
of City Attorney shall be excluded from the scope of the...Ql!y_ Manager's
surveillance supervjsjon; however, the services and facilities of said City
Attorney shall be made available to the City Manager.
!Pl In addition to ·.the elective officers and their respeqtjve staffs. the position
of Cjty Treasurer shall be excluded from the scope of the City Manager's
supervision: however. the services and facilities of said City Treasurer
shall be made available to the City Manager.
(Q) In addition to the elective officers and their respective staffs. the position
of City Clerk shall be excluded from the scope of the City Manager's
supervision: however. the services and facilities of said City Clerk shall
be made available to the City Manager.
ORDINANCE NO. page 3 of 4
Printed November 11, 1993 for Council meeting of November 15, 1993, for information and discussion
only.
1-7-9 ORDERS AND DIRECTIONS: The City 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 City Council nor any member thereof shall
give orders to any subordinates of the City Manager. It shall be the responsibility
of the City Council and its members to aid and assist in an advisory capacity any
department head, individually or collectively, on any phase of policy and/or public
relations, such association not to conflict with the administrative duties of the City
Manager.
Section 4. The below set-out sections of the McCall City Code are amended as indicated
in each, by striking through matter to be deleted and inserting matter underlined ,
to conform those sections to the adoption of the council-manager plan:
1-9-4 APPOINTMENT OE CITY OFFICERS AND REMOVAL OE CITY OFFICERS
AND DEPARTMENT HEADS :
(A) Those Officers of the City who are not department heads shall be appointed..Q.J'.
the Mayor in the manner prescribed by Idaho Code, sections 50-204, and 50-
205. The City Attorney. City Prosecutor. Cjty Clerk, and City Treasurer. in their
several capacity as such. are statutory officers and are not department heads .
(B) Officers and department heads of the City shall be removed as provided in Idaho
Code, Section 50-206. and according to the procedure set out jn section 1-7-5
above, except that notice of intention to remove a department head from office
may when such action is initiated by the City Manager be given by the City
Manager, rather than Council.
IC\ Officers and department heads. who are not members of the classified service,
shall be jnsulated from politics by the executjon of a contract of employment with
the City in like fashion as is proyjded for the City Manager. providing for a term of
employment. termination for cause. and protectjon from arbitrary discharge and
from arbitrary economic penalty.
Section 5. This Ordinance shall be in full force and effect from and after the date of the
installation of the Councilmembers elected November 2, 1993, given its prior
approval and publication as required by law.
Passed and approved , 199_.
ATTEST:
Arthur J. Schmidt,
City Clerk
'
Laurence A. Smith, Jr.
Mayor
CONCURRENCE BY COUNCILMEMBERS-ELECT
We , the undersigned City Councilmembers-elect, elected on November 2, 1993, each
acknowledge receipt of a copy of the foregoing Ordinance, and having read the same ,
each consent to incumbent Council passing and approving such Ordinance.
ORDINANCE NO. page 4 of 4
Printed November 11, 1993 for Council meeting of November 15 , 1993 , for information and discussion
only .
I
Of f ~CIE Of TIHl lE C ITY ATIOIRINl lEY
Edward G. Burton, Esq.
MEMORANDUM
Date: November 23, 1993
To: Incumbent Council and Councilmembers-Elect
File No:
From:
Re:
Ted Burton , City Attorney
Ordinance for Introduction
The attached ordinance has the purpose of providing a framework for the operation of the City
government under the Council-Manager Plan. If given its first reading at the meeting on
November 29, and given no suspension of the rules, it would be ripe for third reading and adoption
by incumbent council at the second meeting in December, so as to be on the books for new council
to work with in January. If new Council is not in favor of that procedure, third reading could be
left for January. I have not had any comments on the draft passed out at the last meeting, and
therefor hope this ordinance is going to be a consensus item.
As noted in the earlier memo, the draft is based upon the existing City Code combined with and
reconciled with the Twin Falls ordinance, because Twin Falls is reputed to have experienced
stability under the Council-Manager Plan. The Lewiston and Twin Falls' ordinances were handed
out earlier.
To digest the earlier memo respecting differences from the Twin Falls' ordinance: The protection
Twin afforded to the independence of the City Attorney is extended to the Treasurer and the Clerk
for the protection of internal audit and of certification and record-keeping as to Council action. All
three of these officers have whistle-blowing functions under the Idaho Code. The Idaho Code is
unclear, as the City Manager's authority under Chapter 8 of Title 50 is to appoint "department
heads," while earlier provisions in the same title refer to Attorney, Clerk, and Treasurer as
"officers." It seems likely that the term "department heads" means those City employees with
"line authority" to command the carrying out of functions, rather than those City employees who
have "staff' responsibility to give advice to Council, the Manager and department heads in the
carrying out of Council policy, statutes, and ordinances. The draft also spells out that the City
would enter into employment contracts with the City Manager, department heads, and officers to
insulate them from politics. I am advised by Mr. Schmidt that such contracts are not uncommon.
Model forms have been obtained or can be obtained from ICMA, Lewiston, and other sources.
The draft ordinance has also been made gender neutral.
Post Office Box 1065, McCall, Idaho 83638-1065 Telephone : (208) 634-7142 Fax: (208) 634-3038
ORDINANCE NO. 1.p5::;-
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, IMPLEMENTING THE
DECISION OF THE VOTERS TO ADOPT THE COUNCIL-MANAGER PLAN OF
GOVERNMENT; PROVIDING FOR TRANSITION; CONFORMING THE CITY
CODE TO THE CHANGE; AND PROVIDING AN EFFECTIVE DA TE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, AS FOLLOWS:
Section 1. Chapter 7 of Title 1 of the McCall City Code is repealed and its below set-out
sections are re-enacted, renumbered, and amended as indicated in each, by
striking through matter to be deleted and inserting matter underlined, to conform
those sections to the adoption of the Council-Manager Plan :
f+-11:.6.::Z : MAYOR: AUTHORITY, DUTIES AND POWERS: The Mayor shall be
elected by the City Council from among its membership for a term of two years at
the first meeting of Council after each general or special election of members of
the Council : the Mayor may be removed by Counc i l. A vacancy in the office of
Mayor shall be filled by the Council by election . A Mayor may be removed from
his office only by a resolution which simultaneously elects the Mayor's successor .
The authority , duties and powers of the Mayor are as defined specifically in +Hte
Section 50:..fil.Q. Chapter 6, Idaho Code, and generally as may be assigned in
Title 50 , Idaho Code. to the extent consistent with Chapter 8, Title 50, Idaho
.QQQ.e..
4-7-2-.1..:a:a.: SALARY OF MAYOR : The salary of the Mayor of the City shall be three
hundred fifty dollars ($350) per month .
Section 2. Chapter 7 of Title 1 of the McCall City Code is re -enacted under the Title
"CITY MANAGER" to read as set out below :
1-7-1: OFFICE OF CITY MANAGER CREATED: The office of City Manager of the City
is hereby established and created . The City Manager shall be appointed by the
City Council solely on the basis of the City Manager's executive and
administrative qualifications with special reference to the City Manager's actual
experience in , or the City Manager's knowledge of , accepted practices in respect
to the duties of the City Manager's office as hereinafter set forth ; and the City
Manager shall hold office during the pleasure of the City Council. The City
Manager shall be insulated from politics by the execution of a contract of
employment with the City, providing for a term of employment , termination for
cause, and protection from arbitrary discharge and from arbitrary economic
penalty . Cause shall include, but not be limited to, dishonesty, or disobedience
of policy established by the Council, unless such disobedience is unambiguously
required by law. Such contract shall not be read to change the fact that the City
Manager serves at the pleasure of Council, but shall in the event Council
exercises its pleasure define the rights of the City Manager.
1-7-2 : ELIGIBILITY : Residence in the City at the time of appointment as City Manager
shall not be required as a condition of appointment. No person elected to
membership on the City Council shall , subsequent to such election , be eligible for
appointment as City Manager until one year has elapsed after he has ceased to
be a member of the City Council.
1-7-3: BOND: The City Manager shall secure a corporate surety bond to be approved
by the City Council in such sum as may be determined by the Council, whi ch
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 .
1-7-4 : 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 Clerk, a qualified
ORDINANCE NO. ___ _ page 1of4
Printed Nov ember 23, 1993.
administrative officer of the City . In the event of failure of said permanent City
Manager to make such designation, the City 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 disability shall have ceased ,
and the appointee shall qualify as provided under Sections 1-7-2 and 1-7-3 of this
Chapter.
1-7-5 REMOVAL : In any case in which the Council or a majority of the same proposes
to remove the City Manager from office , the City Manager shall be provided with
a written notice stating the City Council 's intention to remove the City Manager
and the reasons for that action . Such notice shall be provided at least thirty days
before the effective date of such removal. Within seven days after the delivery to
the City Manager of such notice, the City Manager may , by written notification to
the City Clerk , request a public hearing before the City Council. Thereafter the
City Council shall fix a time for the public hearing, which shall be held at its usual
place of meeting before the expiration of the thirty day period , at which time the
City Manager shall appear and be heard. After furnishing the City Manager with
written notice of intention to remove, the City Council may suspend the City
Manager from duty, but the City Manager's salary shall continue until the City
Manager's removal by resolution of the City Council passed subsequent to the
seven day period for the request for a hearing if no such request is made , or
passed subsequent to the public hearing. The City Council, in removing the City
Manager, shall use its uncontrolled discretion and its action shall be final and
shall not depend upon any particular showing or degree of proof at the hearing ,
the purpose of which is to allow the City Manager publicly to present to the City
Council the City Manager's grounds of opposition to removal, prior to its action .
1-7-6 : RESIGNATION : The City Manager shall give in writing not less than thirty days
notice of the City Manager's intention to resign before leaving, resigning, or
quitting the office of City Manager.
1-7--7 : COMPENSATION: The City Manager shall receive such compensation as the
City Council shall from time to time determine and fix by resolution , ordinance, or
motion , and such compensation shall be a proper charge against such funds of
the City as the Council shall designate . 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 City 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 City Council and
by such Council approved and allowed.
1-7-8: POWERS AND DUTIES : The City Manager shall be the chief executive officer
and the head of the administrative branch of the City government. The City
Manager shall be responsible to the City Council for the proper administration of
all affairs of the City under the specific direction and control of the City Council.
In addition to the City Manager's general powers as the chief executive officer
and the head of the administrative branch of the City government, and not as a
limitation thereof, it shall be the City Manager's responsibility and duty and
power:
(A) To see that all laws and ordinances of the City are duly enforced , and
that all franchises and privileges granted by the City are faithfully
observed.
(B) To control, order and give directions to all heads of departments ,
subordinate officers and employees of the City, except elected officers
and their respective staffs, and to transfer employees from one
department to another; and to consolidate or combine offices , posit ions,
departments or units under his direction.
(C) To appoint, as provided in Idaho Code, Sections 50-811 and 50-808,
and remove any department heads and employees of the City, except
ORDINANCE NO. page 2 of 4
Printed November 2 3 , 199 3 .
elected officers and their respective staffs, subject to ratification by the
City Council in the case of department heads.
(D) To exercise control over all departments of the City government and over
all appointive officers and employees thereof, except elective officers and
their staffs .
(E) To attend all meetings of the City Council unless excused by the Council ,
except when the removal of the City Manager is under consideration by
the Council.
(F) To recommend to the City Council for adoption such measures and
ordinances as the City Manager deems necessary or expedient.
(G) To keep the City Council at all times fully advised as to the financial
conditions and needs of the City.
(H) To prepare and submit to the City Council the annual tentative budget.
(I) To purchase or cause to be purchased all supplies and equipment and to
make arrangements for contractual services, for all of the departments ,
divisions , and officers of the City .
(J) To make investigations into the affairs of the City , and any department or
division thereof, and any contract, or the proper performance of any
obligations of the City.
(M) To devote his or her entire time to the duties of the office and the interest
of the City.
(N) To perform such other duties and exercise such other powers as may be
delegated to the City Manager from time to time by ordinance or
resolution of the City Council.
(0) In addition to the elective officers and their respective staffs , the position
of City Attorney shall be excluded from the scope of the City Manager's
supervision ; however, the services and facilities of said City Attorney
shall be made available to the City Manager.
(P) In addition to the elective officers and their respective staffs , the position
of City Treasurer shall be excluded from the scope of the City Manager's
supervision; however, the services and facilities of said City Treasurer
shall be made available to the City Manager.
(Q) In addition to the elective officers and their respective staffs, the position
of City Clerk shall be excluded from the scope of the City Manager's
supervision; however, the services and facilities of said City Clerk shall
be made available to the City Manager.
1-7-9 ORDERS AND DIRECTIONS: The City 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 City Council nor any member thereof shall
give orders to any subordinates of the City Manager. It shall be the responsibility
of the City Council and its members to aid and assist in an advisory capacity any
department head, individually or collectively, on any phase of policy and/or public
relations, such association not to conflict with the administrative duties of the City
Manager.
Section 3 . The below set-out sections of the McCall City Code are amended a s indicated
in each, by striking through m atter to be deleted and inserting matter underlined,
to conform those sections to the adoption of the council-manager plan :
1-9 -4 APPOINTMENT OF CITY OFFICERS AND REMOVAL OF CITY OFFICERS
AND DEPARTMENT HEAPS:
(A) Those Officers of the City who are not department heads shall be appointed..Qy
the Mayor in the manner prescribed by Idaho Code, sections 50 -204 , and 50-
ORDINANCE NO. ___ _ p age 3 of 4
Printed Nov ember 23, 1993.
~ ..
205. The City Attorney. City Prosecutor. City Clerk. and City Treasurer. in their
several capacity as such . are statutory officers and are not department heads.
(B) Officers and department heads of the City shall be removed as provided in Idaho
Code, Section 50-206. and according to the procedure set out in section 1-7-5
above. except that notice of intention to remove a department head from office
may when such action is initiated by the City Manager be given by the City
Manager. rather than Council.
(C) Officers and department heads. who are not members of the classified service.
shall be insulated from politics by the ex ec ution of a contract of employment with
the Cjty in !jke fashion as is provided for the City Manager. providing for a term of
employment. termination for cause. and protection from arbitrary discharge and
from arbitrary economic penalty.
Section 4. This Ordinance shall be in full force and effect from and after the date of the
installation of the Councilmembers elected November 2, 1993, given its prior
approval and publication as required by law .
Passed and approved , 199_.
ATTEST:
Arthur J. Schmidt,
City Clerk
Laurence A . Smith, Jr.
Mayor
CONCURRENCE BY COUNCILMEMBERS -ELECT
We, the undersigned City Councilmembers-elect, elected on November 2, 1993, each
acknowledge receipt of a copy of the foregoing Ordinance, and having read the same,
each consent to incumbent Council passing and approving such Ordinance.
ORDINANCE NO. ___ _ page 4 of 4
Printed Nov ember 23 , 1993.
Date:
To:
File No:
January 18, 1994
Council
From: Ted Burton, City Attorney
Re: Ordinance for Introduction
OFIFICIE OIF THIE CITY AlTOIRINllEY
Edward G . Burton, Esq.
MEMORANDUM
The attached ordinance has the purpose of providing a framework for the operation of the City
government under the Council-Manager Plan. The existing code section 1-9-9 , a small part of
which is being repealed, is attached for your reference, rather than typing three unchanged pages
into the ordinance.
As noted in earlier memos, the prior draft was based upon the existing City Code combined with
and reconciled with the Twin Falls ordinance, but it has now been pruned down .
The draft ordinance is gender neutral .
I have a remaining concern about stability. In the past, the Mayor was in office, barring
extraordinary action, for four years . Now the Chief Executive serves at the pleasure of the Council.
Both Lewiston and Twin Falls have tried to protect against undue turnover in this office. The
process of pruning this ordinance down to the bare minimum has given rise to deletion of the Twin
Falls ordinance's "due process" surrounding the termination of the City Manager, without addition
of Lewiston' s provision that the Manger cannot be terminated during the first 90 days after
installation of a new Council.
As always , there are two sides to the question . Inserting a provision like Twin Falls', which is what
I have recommended in the past, would make it more difficult to correct a situation where a
Manger failed to live up to expectations, because some sort of proof of that failure would have to
be documented. On the other hand, such a provision would protect the City from a future Council's
quasi-arbitrary actions creating such turnover in the Manager's office as could result in serious
disruption of City affairs. One reason for this Council to enact such a provision, is that putting such
a provision in the ordinances would become more difficult as its need became more apparent (at
least more apparent to citizen observers not directly involved in some future fray involving another
Council).
The Council on January 13, 1994 discussed the Mayor's salary, and preliminarily left it be. The
draft ordinance contains changes to the section which discusses the salary, if you wish to take one
more look at it. The Mayor does have errands to City Hall on many days to sign checks and
documents, and various ceremonies to go to both in and out of town. On the other hand, the Blue
Ribbon Committee found potential savings in reducing the Mayor's salary.
Post Office Box 1065, McCall , Idaho 83638-1065 Telephone : (208) 634-7142 Fax : (208) 634-3038
ORDINANCE NO. /a59
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, IMPLEMENTING THE
DECISION OF THE VOTERS TO ADOPT THE COUNCIL-MANAGER PLAN OF
GOVERNMENT; PROVIDING FOR TRANSITION; CONFORMING THE CITY
CODE TO THE CHANGE; AND PROVIDING AN EFFECTIVE DA TE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, AS FOLLOWS:
Section 1. Chapter 7 of Title 1 of the McCall City Code is repealed and its below set-out
sections are re-enacted, renumbered, and amended as indicated in each, by
striking through matter to be deleted and inserting matter underlined, to conform
those sections to the adoption of the Council-Manager Plan:
-1-7-4 .1.:a:Z: MAYOR: AUTHORITY, DUTIES AND POWERS: The Mayor shall be
elected by the City Council from among its membership for a term of two years at
the first meeting of Council after each general or special election of members of
the Council: the Mayor may be removed by Council. The authority, duties and
powers of the Mayor are as defined specifically in ~Section 50.:....a:1Q.. Chapter
&, Idaho Code, and generally as may be assigned in Title 50, Idaho Code. to the
extent consistent with Chapter 8. Title 50. Idaho Code.
4--7-2-1.:ll:a : SALARY OF MAYOR : The salary of the Mayor of the City shall be three
hundred fifty dollars ($350) per month.
Section 2. Chapter 7 of Title 1 of the McCall City Code is re-enacted under the Title
"CITY MANAGER" to read as set out below:
1-7-010: OFFICE OF CITY MANAGER CREATED: The office of City Manager of
the City is hereby established and created. The City Manager shall be appointed
by the City Council solely on the basis of the City Manager's executive and
administrative qualifications with special reference to the City Manager's actual
experience in, or the City Manager's knowledge of, accepted practices in respect
to the duties of the City Manager's office as hereinafter set forth; and the City
Manager shall hold office during the pleasure of the City Council.
1-7-020: ELIGIBILITY : Residence in the City at the time of appointment as City
Manager shall not be required as a condition of appointment. No person elected
to membership on the City Council shall, subsequent to such election, be eligible
for appointment as City Manager until one year has elapsed after he has ceased
to be a member of the City Council.
1-7-030: BOND : The City Manager shall secure a corporate surety bond to be
approved by the City Council in such sum as may be 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 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 Clerk, a qualified
administrative officer of the City. In the event of failure of said permanent City
Manager to make such designation, the City 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 disability shall have ceased,
and the appointee shall qualify as provided u oder Sections 1-7-2 and 1-7-3 of this
Chapter.
1-7--050: COMPENSATION : The City Manager shall receive such compensation
as the City 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 City
ORDINANCE NO. ___ _ page 1of3
Printed January 18, 1994.
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 City 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 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 such civil
service regulations as may relate thereto; provided, however, that the
position of City Attorney shall be excluded from the scope of the City
Manager's appointment and supervision authority, and such 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 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 City Council fully advised of the financial condition of the City
and its future needs .
(H) Prepare and submit to the City Council a tentative budget for the next
fiscal year .
(I) Perform such other duties as the City Council may establish by ordinance
or resolution.
(J) Possess such powers as are vested in the Mayor as provided in Idaho
Code section 50-606 .
1-7-070 ORDERS AND DIRECTIONS: The City 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 City Council nor any member
thereof shall give orders to any subordinates of the City Manager.
Section 3. The below set-out sections of the McCall City Code are amended as indicated
in each, by striking through matter to be deleted and inserting matter underlined,
to conform those sections to the adoption of the council-manager plan:
1-9-4 APPOINTMENT OF CITY ATTORNEY AND REMOVAL OF CITY OFFICERS:
(A) Appointment: Officers of the City The City Attorney shall be appointed in the
manner prescribed by Idaho Code, sections 50-204, and 50-205.
(B) Removal: Officers of the City shall be removed as provided in Idaho Code ,
Section 50-206.
Section 4. Section 1-9-9 of the McCall City Code, which lists the City Officers and their
duties, is amended as follows, and its thereafter following subsections (B) through
(K) are renumbered as (A) through (J) accordingly:
1-9-9 OFFICERS DESIGNATED AND DUTIES LISTED BY TITLE: The City of McCall
deems it necessary for the efficient operation of the City to designate the
following positions as officers of the City: City-Administrator, City Clerk, City
Treasurer, City Attorney, City Prosecutor, Public Works Director, Recreation
Director, Golf Superintendent, Police Chief, Fire Chief, and Airport Manager.
The rights, duties and responsibilities of each City officer are :
ORDINANCE NO. ___ _ page 2of3
Printed January 18, 1994.
(A) City Administrator : The rights , duties and obligations of the City
Administrator shall be fixed by resolution, a copy of which shall be kept
on file in the office of the City Clerk.
As the balance of section 1-9-9 is unaffected , a s renumbered, it is not set out.
Section 5 . This Ordinance shall be in full force and effect from and after its approval and
publication as required by law .
Passed and approved January 27, 1994 .
ATTEST:
Arthur J. Schmidt,
City Clerk
ORDINANCE NO. ___ _
Printed January 18, 1994 .
Dean Martens
Mayor
page 3of3
1-9-9 1-9-9
operation of the City to designate the following positions as officers of the
City : City Administrator, City Clerk, .City Treasurer. City Attorney , City
~ Prosecutor, Public Works Director, Recreation Director, Golf Super -
intendent, Police Chief, Fire Chief, and Airport Manager .
The rights , duties and responsibilities of each City officer are:
(A) City Administrator : The rights, duties and obligations of the City
Administrator shall be fixed by resolution , a copy of which shall be
kept on file in the office of the City Clerk .
(B) City Clerk :
'.. Duties and Meetings : The City Clerk shall attend all meetings of
:ii e City Council , keep true and accurate minutes nf their meetings
and record 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 1
of the City and shall affix it to all instruments and papers 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 City. It shall be
the Clerk 's duty to keep the original ordinances passed by the City
Council. The Clerk shall attach to each copy of an ordinance thus
made in said ordinance book a certificate signed by him 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 therefor as might lawfully be charged by a recorder in a county
in Idaho for similar service , the Clerk shall furnish any person
applying therefor a certified copy of any record. ordinance, paper or
document in his possession as such Clerk except those records
exempt by law from disclosure. All fees shall be accounted for and
paid to the Treasurer of the City.
5. General Duties: The Clerk shall do and perform such other duties
as may be required from · time to time by order of the City Council or
as prescribed in title 50 , Idaho Code .
(C) City Treasurer: The Treasurer shall be custodian of all money
belonging to the City ; he shall keep a separate account of each
1. See Chapter 4 of this Tille .
892
C ity of McCall
1-9-9
C)
(D)
(E )
892
1-9-9
fund or appropriation, and the d.ebits and credits belonging thereto;
he shall give a receipt to every person paying money into the
Treasury , thereon specifying the date of payment and on what
account paid ; he shall also file copies of such receipts with his
monthly reports; he shall at the end of each and every month and as
often as may be required , render an account to the City Council ,
under oath , showing the state of the Treasury at the date of such
account and the balance of money in the Treasury; he shall also
accompany such accounts with a statement of all receipts and
disbursements , together with all warrants redeemed and paid by him,
which said warrants, with any and all vouchers held by him , shall be
filed with his said account in the Clerk's office , and if said Treasurer
neglects or fails for the space of ten (10) days from the end of each
and every month to render his said account, his office shall be
declared vacant and the City Council shall fill the vacancy by
appointment. He shall also keep a record of all outstanding bonds
against the City showing the number , amount of each , and to whom
said bonds were issued ; and when any bonds are purchased, paid or
cancelled , said record shall show the fact. In his annual report he
shall describe ·particularly the bonds issued and sold during the year
and the terms of the sale with each and every item of expense
thereof .
City Attorney : City Attorney shall be the legal advisor of the
Municipal corporation , shall represent the City in all civil suits or
proceedings in which the City is interested , and shall perform such
other duties as may be prescribed by ordinances and resolutions
duly passed . He shall attend all City Council meetings and report to
the Council on legal and policy matters at their request and direction .
He shall be a member i n good standing of the Idaho Bar Association
and shall represent the City in court as required. (Ord. 585 -A ,
8 -8-91)
City Prosecutor : The City Prosecutor and his deputies shall
prosecute those violations of County or City ordinances, State traffic
infractions , and State misdemeanors committed within the Municipal
limits . In so doing , the City Prosecutor , his deputies, or contract
counsel shall exercise the same powers as the County Prosecutor
including, but not limited to , granting immunity to witnesses. The City·
Prosecutor shall be a member in good standing of the Idaho Bar
Association . The City Attorney is ex -officio the City Prosecutor ,
unless and until the Mayor with the advice and consent of the
Council appoints a different person to the office of City Prosecutor .
(Ord . 606 , 5-14-92)
City o f' McCall
. . 1-9-9 1-9-9
(F) Public Works Director: The Public Works Director 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 Public Works
Director shall be responsible for park maintenance , the maintenance
of the public streets , roads and alleys , and of the City 's airport.
(G ) Re c reation Director: The Recreation Director shall be responsible for
creating and maintaining a recreation program meeting the needs of
the resident and tourist populations of the community as directed by
the City Council.
(H ) Go lf Superintendent: The Golf Super intendent shall be resp cn sible
for the maintenance of the McCall Municipal Golf Course 1 and all
buildings and all improvements thereon and all equipment.
(I) Po lice Chief:2 The Chief of Police shall be Chief of the police force
and all assistant officers shall be subordinate to him and subject to
his orders. It shall be his 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 v iolation thereof shall
come to his knowledge or be · reported to him, he shall cause the
requisite complaint to be made and see that all possible evidence is
produced for successful prosecution of the offenders.
(J) Fire Chief: The Fire Chief shall be Chief of all firemen, paid or
volunteer , who shall be subordinate t o him and subject to his orders .
It shall be his duty to ensure that all reasonable · efforts are
undertaken to prevent fires . When a fire occurs , it shall be his duty
to take all reasonable and necessary efforts to minimize the loss of
life and property to the City 's residents .
(K ) Airport Manager: The Airport Manager shall administer and enforce
all ord inances , 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 t hat
may be fixed by resolution by the City Council. (Ord . 585-A , 8-8 -91)
1. See Title VIII. Chapter 15 of th i s Code.
2. See also Section 5-1 -020 of this Code.
3 . See Title VIII. Chapter 16 of th is Code .
892
Ci ty nf McCall
Date:
To:
From:
March 7, 1994
Council
Ted Burton, City Attorney
Off~CIE Of THIE CITY ATIORINllEY
Edward G. Burton, Esq.
MEMORANDUM
Re: Content of Revised Draft Ordinance 659
Pursuant to the Council's deliberations on February 24, 1994, this version deals indirectly with
who is an Officer, and existing language not otherwise affected is being gender-neutered. The third
iteration of a manager ordinance provided to you on February 3, 1994 was used as the basis for thi s
draft.
Post Office Box 1065, McCall, Idaho 83638-1065 Telephone : (208) 634-7142 Fax: (208) 634-3038
ORDINANCE NO. 659
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, IMPLEMENTING THE
DECISION OF THE VOTERS TO ADOPT THE COUNCIL-MANAGER PLAN OF
GOVERNMENT; PROVIDING FOR TRANSITION; CONFORMING THE CITY
CODE TO THE CHANGE; AND PROVIDING AN EFFECTIVE DA TE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, AS FOLLOWS:
Section 1. Chapter 7 of Title 1 of the McCall City Code is repealed and its below set-out
sections are re-e nacted , renumbered, and amended as indicated in each, by striking
through matter to be deleted and inserting matter underlined, to conform those sections to
the adoption of the Council-Manager Plan:
4--7-11-8-7 : MAYOR: AUTHORITY, DUTIES AND POWERS : The Mayor shall be elected by
the Council from among its membership for a term of two years at the first meeting of
Council after each general or special election of members of the Council: the Mayor may
be removed by Council. The authority, duties and powers of the Mayor are as defined
specifically in =Htte-Section 50:..fil.Q.. Chapter 6, Idaho Code, and generally as may be
assigned in Title 50 , Idaho Code, to the extent consistent with Chapter 8, Title 50, Idaho
.QQ.d.e..
4--7-2-1.:.8..:a: SALARY OF MAYOR: The salary of the Mayor of the City shall be three
hundred fifty dollars ($350) per month.
Section 2. Chapter 8 of the McCall City Code is amended by adding the following Section 1-8-6:
1-8-6 : PROCEDURE FOR FILLING VACANCIES ON COUNCIL: In the event a vacancy exists
in the membership of the Council. the Council shall adopt a motion to meet as a
committee of the whole, The committee of the whole shall consider the matter of an
appointment to fill such vacancy, make a recommendation to the Mayor. and adjourn .
The Council then having been called back into its session, the Mayor shall appoint such
person as was recommended by the committee of the whole: the Mayor may vote against
confirmation of that appointment if the Mayor chooses to do so .
Section 3. Section 1-1-5 of the McCall City Code, Definition s, is amended to insert the followin g
definition of "Department Head" and to amend the definition of "Officers" as follows :
DEPARTMENT HEAD. The person appointed by the City Manager, and confirmed by the
Council. to direct and oversee a City Department listed in Section
1-9-9 of this Title .
OFFICERS. Includes The City Attorney, the City Clerk, the City Fire Chief.
the City Police Chief, and the City Treasurer and other City
GffiGe-fS-Aamed--by-the-Cii¥-CGoocil.
Section 4. Chapter 7 of Title 1 of the McCall City Code is re -enacted under the Title "CITY
MANAGER" to read as set out below:
1-7-010 : OFFICE OF CITY MANAGER CREATED: The office of City Manager of the City
is hereby created. The City Manager shall be appointed by the Council on the basis of the
individual 's qualifications and experience , and other factors deemed relevant by the
Council; and the City Manager shall hold office during the pleasure of the Council.
1-7-020 : ELIGIBILITY : Residence in the City at the time of appointment as City Manager
shall not be required as a condition of appointment, but residence must be established
within twelve months after appointment. 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-tie has ceased to be a member of the Council.
1-7-030: BOND : The City Manager shall secure a corporate surety bond to be approved
by the Council in such sum as may be determined by the Council, which shall be
ORDINANCE NO. 659 page 1of6
Drafted January 28, 1994; printed March 8, 1994.
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-flts 1.tle_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-flts the City Manager's 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 .
(J) 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.
ORDINANCE NO. 659 page 2of6
Drafted January 28, 1994 ; printed March 8, 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 DEPARTMENTS DESIGNATED
ANO DUTIES LISTED BY TITLE: The City of McCall deems it necessary for the efficient
operation of the City to create the followjng Departments of the City. each to be
admjnjstered by a Department Head: designate the following positions as officers of the
City: City Administrator, City Clerk, City Treasyrer, City Attorney, City Prosecl:ltor, Pl:lb!ic
\Alorks Director, Recreation Director, Golf Sl:lperintendent, Police Chief, Fire Chief, and
Airport Manager. The Department Heads appointed by the City Manager for the Fire
Department, Police Department, and Treasury Department are. unless otherwise djrected
by Council at the time, the Fire Chief. Police Chief, and Treasurer. respectjvely. each
upon confirmation by Council of the appointment.
Department :
Responsible Officer and/or
Department Head:
Airport Qepartment Airport Manager
Fire Qepartment Eire Chief
Golf Qepartment Golf Superintendent
Police Qepartment Police Chief
Public Wor!ss Qepartment Public Works Qirector
Recreation Qepartment Recreatjon Qjrector
Treasury Qepartment Treasurer
The rights, duties and responsibilities of each City Officer and/or Qepartment are :
(A) City Administrator : The rights , dl:lties and obligations of the City Administrator
shall be fixed by resoll:ltion, a copy of which shall be kept on file in the office of
the City Clerk.
(A) City Clerk :
1. Duties and meetings : The City Clerk shall attend all meetings of
the Council ,...a.nd keep...a true and accurate minutes journal of
their meetings the proceedings of the Council and record the
same in a minl:lte book to be furnished by the City.
2 . Custodian of Seal : The City Clerk shall be the keeper of the Seal of
the C ity and shall affi x it to all instruments and papers documents
which by law are requ ired to be attested with the Seal of the City.
3 .
4.
ORDINANCE NO. 659
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 tlla.City ..
unt il disposed of jn accord wjth 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-m
said ordinance boo!< a certificate signed by-flim 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.
Certified Instruments : Upon--O&mand--and payment of the-Same
fees therefore fixed jn accord wjth resolution of the Councjl-aS
might lawfylly be charged by a recorder in a coynty in Idaho for
similar service , the Clerk shall furnish any person applying
therefor a certified copy of any record, ordinance, paper or
document in -Ats-the Clerk 's possession as such Clerk except
those records ex empt by law from disclosure or copying . All fees
shall be accounted for and paid to the Treasurer of the City.
page 3of6
Drafted January 28 , 1994; printed March 8, 1994.
5. General Duties: The Clerk shall do and perform such other duties
as may be required from time to time by order of the Council or
as prescribed in Title 50, Idaho Code.
(B) City Treasurer: ... The Treasurer shall:
1. be custodian of all money belonging to the City; he shall
2. keep a separate account of each fund or appropriation, and the debits
and credits belonging thereto; he shall
3. give a receipt to every person paying money into the Treasury, thereon
specifying the date of payment and on what account paid; he shall .anQ
also file copies of such receipts with-ffls lb.a.monthly reports; he shall
4 . at the end of each and every month and as often as may be required,
render an account to the Council, under oath, showing the state of the
Treasury at the date of such account and the balance of money in the
Treasury; he shall also .anQ:.accompany such accounts with a statement
of all receipts and disbursements, together with all warrants redeemed
and paid by-ffim the Treasurer, which sal€I warrants, with any and all
vouchers held by--Rtm the Treasurer, shall be filed with-ffls 1he. sal€I
account in the Clerk's office; and if llle.-saff:I Treasurer neglects or fails for
the space of ten (10) days from the end of each and every month to
render-ffls 1he. sate account, -ms truLoffice shall be declared vacant and
the Council shall fill the vacancy by appointment ... He shall also
5 . keep a record of all outstanding bonds against the City showing the
number, amount of each, and to whom said bonds were issued; and
when any bonds are purchased, paid or canceled, and record shall show
the fact .and.
6. jn-ffls 1he. annual report he shall describe particularly the bonds issued
and sold during the year and the terms 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:
2. be the legal advisor of the .municipal corporation; sflaH
3. __ represent the City in all civil suits or proceedings in which the City is
interested ; and shall perform such other duties as may be prescribed by
ordinances and resolutions duly passed. He shall
~4.~_attend all Council meetings~ aAEI
...,5 . ........___report to the Council on legal and policy matters at their request and
direction;
.... 6 . ........___prosecute those violations of County or City ordinances, State traffic
infractions, and State misdemeanors committed within the Municipal
limits-:-and in so doing, the City Proseeutor, his deputies, or eontraet
counsel shall exercise the same powers as the County Prosecutor
including, but not limited to, granting immunity to witnesses; The City
Prosecutor shall be a member in good standing of the ldaho_Baf
Asscciation . The City Attorney is ex---0fficio the City ProSiCYtor, unless
and until the Mayor with the advice and consent of the Council appoints a
different person to the office of City Prosecutor.
7.
ORDINANCE NO. 659
and perform such other duties as may be prescrjbed by ordinances and
resolutions duly passed He-shall be a memeer-in good stand~Hhe
Idaho Bar Association and shall represent the City in court as required .
page 4of6
Drafted January 28, 1994; printed March 8 , 1994.
..
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 jn the budget respecting that Office. (Ord. 585-A, 8-8-91; Ord. 606,
5-14-92)
(E) The Public Works Direetor 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 Public
Worl<s Direetor shall be responsible for park maintenance, andJhe maintenance
of the public streets, roads and alleys, and-¢-the City'.s airport .
(F) The Recreation Direetor Department shall be responsible for creating and
maintaining a recreation program meeting the needs of the resident and tourist
populations of the community as directed by the City Council.
(G) The Golf Superintendent Department shall be responsible for the maintenance of
the McCall Municipal Golf Course 1 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-Aim the Chief and
subject to-Ats the Chief's orders. It shall be-Ats 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 violation thereof shall eome to
his knowledge or be reported to him, he shall cause the requisite complaint to be
made and see that all possible evidence is produced for successful prosecution
of the offenders. The Chief, and through-Aim 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 flim the Chief and subject to-flis the Chief's orders. It shall
be-Ats the Chief's duty to ensure that all reasonable efforts are undertaken to
prevent fires. When a fire occurs, it shall be-Ats 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 fjres of
suspicious origin.
(J) The Airport Manager 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 Qouncil, 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:
1-9-4 APPOINTMENT AND REMOVAL
(.A) .Appointmimt: Officers of the City shall be appointed in the manner prescribed by Idaho
Code, sections 50 204 and 50 205.
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 peac e
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 5of6
Drafted January 28, 1994; printed March 8 , 1994.
(B) Removal: Officers of the City shall be removed as provided by Idaho Code, section 50
206.
The Council shall appoint or remove the City Attorney. or confirm or fail to confirm the
City Manager's apoointment or removal of the Clerk or a Department Head (whether or
not also an Officer). as follows. The Council shall adopt a motion to meet as a commjttee
of the whole. The committee of the whole shall consider the matter of the appointment or
removal. make a recommendation to the Mayor, and adjourn. The Council then having
been called back into tts 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 an appointment or removal if the Mayor chooses to do so.
Council recognizes that It is endeavoring to reconcile two chapters of Tttle 50 of the Idaho
Code which are less than clear concerning the appointment and 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: All employees of the City
who are not Officers are classified employees. The rights and duties of classified
employees are defined by tb.e_.Personnel--Rtttes Policy Manual adopted and amended
from time to time by resolutions of the Council. The City Manager. City Qfficers....arni
Department Heads designated in this Chapter shall be am..,Exempt Employees.-ffem
the Personnel Rules except as to those duties imposed upon City officers who are
designated as department heads by the Personnel Rules. The City Manager. City
Officers, and Department Heads shall perform such supervisory and grievance dutjes
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-oOO...Q! 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 by the Mayor with the eonsent of the Gouneil
according to the procedure set out in Section 1-9-4 .
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 _, 1994.
ATTEST:
Arthur J. Schmidt,
City Clerk
ORDINANCE NO. 659
Drafted January 28, 1994; printed March 8, 1994.
Dean Martens
Mayor
page 6of6
Date:
To:
From:
March 7 , 1994
Council
Ted Burton, City Attorney
OFFICE OF THE CITY ATTORNEY
Edward G. Burton, Esq.
MEMORANDUM
Re: Content of Revised Draft Ordinance 659
Pursuant to the Council's deliberations on February 24, 1994, this version deals indirectly with
who is an Officer, and existing language not otherwise affected is being gender-neutered. The third
ii:fira i..iun uf a manager ordinance provided to you on February 3, 1994 was used as the basis for thi s
draft.
Post Office Box 1065, McCall , Idaho 83638 -10 65 Telephone : (208) 634-7142 Fax : (208) 634-3038
ORDINANCE NO. 659
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, IMPLEMENTING THE
DECISION OF THE VOTERS TO ADOPT THE COUNCIL-MANAGER PLAN OF
GOVERNMENT; PROVIDING FOR TRANSITION; CONFORMING THE CITY
CODE TO THE CHANGE; AND PROVIDING AN EFFECTIVE DA TE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, AS FOLLOWS:
Section 1. Chapter 7 of Title 1 of the McCall City Code is repealed and its below set-out
sections are re-enacted, renumbered, and amended as indicated in each, by striking
through matter to be deleted and inserting matter underlined, to conform those sections to
the adoption of the Council-Manager Plan:
4--7-4 1-8-7 : MAYOR: AUTHORITY, DUTIES AND POWERS : The Mayor shall be elected by
the Cvyiicli f,-0111 arnor11,1 iis mernbersr1ip ior a term ot two years at tne mst meeting of
Council after each general or soecial election of members of the Council: the Mayor may
be removed by Council. The authority, duties and powers of the Mayor are as defined
specifically in =Rtte-Section 50.:...fil.Q.. Chapter 6, Idaho Code, and generally as may be
assigned in Title 50, Idaho Code. to the extent consistent with Chapter 8. Title 50. Idaho
.QQ.d.e..
4--7-2-1:.8..:8.: SALARY OF MAYOR: The salary of the Mayor of the City shall be three
hundred fifty dollars ($350) per month .
Sec tion 2. Chapter 8 of the McCall City Code is amended by adding the following Section 1-8-6:
1-8-6 : PROCEPURE FOR FILLING VACANCIES ON COUNCIL : In the event a vacancy exists
jn the membership of the Council. the Council shall adopt a motion to meet as a
committee of the whole . The committee of the whole shall consider the matter of an
appointment to fill such vacancy make a recommendation to the Mayor. and adjourn.
The Council then haying been called back into its session. the Mayor shall appoint such
person as was recommended by the committee of the whole: the Mayor may vote again st
confirmation of that appointment if the Mayor chooses to do so .
Se ction 3. Section 1-1-5 of the McCall City Code, Definitions, is amended to insert the followin g
definition of "Department Head" and to amend the definition of "Officers" as follows:
DEPARTMENT HEAP . The person appointed by the City Manager. and confirmed by the
Council. to direct and oversee a City Department listed in Section
1-9-9 of this Title .
OFFICERS. Includes The City Attorney. the City Clerk, the City Fire Chief.
the City Police Chief. and the City Treasurer and other City
of.f-iGGl'.S--Aamed by the-Cit.y-CGYl'.lCil.
Sec tion 4. Chapter 7 of Title 1 of the McCall City Code is re-enacted under the Title "CITY
MANAGER" to read as set out below:
1-7-010 : OFFICE OF CITY MANAGER CREATED: The office of City Manager of the City
is hereby created. The City Manager shall be appointed by the Council on the basis of the
individual's qualifications and experience, and other factors deemed relevant by the
Council ; and the City Manager shall hold office during the pleasure of the Council.
1-7-020 : ELI G IBILITY: Residence in the City at the time of appointment as City Manager
shall not be required as a condition of appointment, but residence must be established
within twelve months after appointment. 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 Manager shall secure a corporate surety bond to be approved
by the Council in such sum as may be determined by the Council , which shall be
ORDINANCE NO. 659 page 1of6
Drafted January 28, 1994; printed March 8, 1994.
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 lllildisability 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 tc th<: Clty ;,;ndoi diiaGtlvii o: thu Couiicli; rt:lrnburSBmeni si 01ali only be 1T1ac.i&,
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-Ats the City Manager's 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.
(J) 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.
ORDINANCE NO. 659 page 2of6
Drafted January 28 , 1994; printed March 8, 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 OEPARTMENTS OESIGNATEO ANO OFFICERS ' ANO OEPARTMENT'S DESIGNATE D
ANG DUTIES LISTED BY TITLE : The City of McCall deems it necessary for the efficient
operation of the City to create the following Qepartments of the City. each to be
administered by a Oepartment Head: designate the following positions as officers of the
City : City Administrator , City Clerk , City Treasurer, City Attorney , City Prosecutor, Public
Works Director, Recreation Director, Golf Superintendent, Police Chief, Fire Chief , and
Airport Manager. The Oepartment Heads appointed by the City Manager for the Fire
Oepartment, Police Oepartment, and Treasury Oepartment are, unless otherwise direct ed
by Council at the tjme. the Fire Chief, Police Chief. and Treasurer. respectively, each
upon confirmation by Council of the appointment.
Oepartment :
Responsible Officer and/or
Oepartment Head:
Airport Oepartmeot Aimort Manager
Fire Oepartment Fire Chief
Golf Qepartment Golf Superintendent
Police Oepartment Police Chief
Public Wor!ss Oepartment Public Wor!ss Director
Recreation Oepartment Recreation Director
Treasury Department Treasurer
The rights , duties and responsibilities of each City Officer and/or Department are :
(A) City Administrator: The rights, duti9s and obligations of th9 City Administrator
shall b e fixed by resolution , a copy of which shall be kept on file in the office of
the C it y Clerk.
(A) City Clerk :
1. Duties and meetings : The City Clerk shall attend all meetings of
the Council ,..a.nQ keep.a true and accurate minutes journal of
their meetings the proceedings of the Council and record 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 .
4 .
ORDINANCE NO. 659
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 sate lh.e_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-ID
said ordinance book a certificate signed by-ffim 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 .
Certified Instruments: Upon--OemaRd-arld payment of the.same
fees therefore fixed jn accord wjth resolutjon of the Council-as
might lawfully be charged by a recorder in a county in Idaho for
similar service , the Clerk shall furnish any person applying
therefor a certified copy of any record, ordinance , paper or
document in ~the Clerk 's possession as such Clerk except
those records exempt by law from disclosure or copying . All fees
shall be accounted for and pa id to the Treasurer of the City .
page 3of6
DrafLcd January 28 , 1994; printed March 8 , 1994 .
5. General Duties: The Clerk shall do and perform such other duties
as may be required fror:n time to time by order of the Council or
as prescribed in Title 50, Idaho Code.
(B) City Treasurer:_ The Treasurer shall:
1. be custodian of all rooney belonging to the City; he shall
2. keep a separate account of each fund or appropriation, and the debits
and credits belonging thereto; he shall
3 . give a receipt to every person paying money into the Treasury, thereon
specifying the date of payment and on what account paid; he shall .and
also file copies of such receipts with-his ~monthly reports; he shall
4 . at the end of each and every month and as often as may be required,
render an account to the Council, under oath, showing the state of the
Treasury at the date of such account and the balance of money in the
Treasury; he shall EilSe ~ccompany such acc:Ounts-with a statement
of all receipts and disbursements, together with all warrants redeemed
and paid by-fflm the Treasurer, which sai€I warrants, with any and all
vouchers held by-him the Treasurer, shall be filed with-his the. said
account in the Clerk's office; and if lllil-saiEI Treasurer neglects or fails for
the space of ten (10) days from the end of each and every month to
render-flis the. sai€I aa:oont, -flis ~office shall be declared vacant and
the Council shall fill the vacancy by appointment,;_ He shall also
5 . keep a record of all outstanding bonds against the City showing the
number, amount of each, and to whom said bonds were issued; and
when any bonds are purchased, paid or canceled, and record shall show
the fact .and.
6. jn-ffis 1!J..a annual report he shall describe particularly the bonds issued
and sold during the year and the terms of the sale with each and every
item of expense thereof.
(C) City Attorney: The City Attorney shall:
1, be a member jn good standing of the Idaho State Bar:
2, be the legal advisor of the municipal corporation; sAa4l
3 . __ represent the City in au civil suits or proceedings in which the City is
interested; and shall per:form sych gther dYties as may be prescribed by
gr:dinances and resglulions dYly passed. He shall
4, attend all Council meetings~ aoo
5. report to the Council on regal and policy matters at their request and
direction;
6, prosecute those violations of County or City ordinances, State traffic
infractions, and State misdemeanors committed within the Municipal
limits-:-and in so doing, 1he City Proseeutor, his deputies, or eontraet
cgynsel shall exercise the same powers as the County Prosecutor
including, but not limited to. granting immunity to witnesses; The City
Pmsecytgr shall be a member in gggd standing gf the ldahg_Bar
Associatign, The City .t.ttgmey is ex---0fficig the City ProsSCYwr;-unless
and lmtil the Maygr w#h the advice and cgnsent gf the Cgyncil appgints a ·
different persgn tg the gffice gf City Prosecytgr.
7. and oerform such otber duties as may be prescrjbed by ordinances and
resolutjons duly passed, He shall be a member in good-staflti~f-tne
ldahg Bar Assgciation and shall represent the City in coyrt as reqyired .
ORDINANCE NO. 659 page 4of6
Drafted January 28, 1994; printed March 8, 1994,
.. . .
Nothing herein. howeyer. shall preclude the City from employjng altematjye
additional counsel when deemed adyjsable. such as when retaining bond
counsel. or when the City Attorney retains other temporaey assjstance as
proyided 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 Pub lic
¥\forlEs Director shall be responsible for park maintenance, .and..the maintenance
of the public streets, roads and alleys, an~ City'.s airport .
(F) The Recreation Director Department shall be responsible for creating and
maintaining a recreation program meeting the needs of the resident and tourist
populations of the community as directed by the City Co1:mcil. ·--_
(G) Tn e·Go1n;up-erintendent Department shall be responsible for the maintenance of
the McCall Municipal Golf Course 1 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-tim e
or reserve police assistant officers shall be subordinate to-Rim the Chief and
subject to-ffis the Chief's orders. It shall be-Ats 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 violation thereof shall come to
his knowledge or be reported to him, he shall cause the requisite complaint to be
made and see that all possible evidence is produced for successful prosecution
of the offenders. The Chief, and through-ffim 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 ftim the Chief and subject to-his the Chief's orders. It shall
be-Ats the Chief's duty to ensure that all reasonable efforts are undertaken to
prevent fires . When a fire occurs, it shall be-Ats 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 fjres of
suspicious origin.
(J) The Airport Manager 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 .Qouncil , and shall do and perform
sucn omer aut1es 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:
1-9-4 APPOINTMENT AND REMOVAL
(A) Appointm,mt: Officers of the City shall be appointed in the manner pn~scribed by Idaho
Code, sections 50 204 and 50 205 .
1 See Till e VIII, Chapter 15 of this Code.
2 Sec tion 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
th e Department or be reported to it, it shall cause the requisite investigation and report to be made; and shall when in
th e judgment of the Chief it is merited, seek prosecution by the City or County Prosecutor as may be appropriate."
3 Sec Tille VIII, Chapter 16 of this Code.
ORDINANCE NO . 659 page 5 of 6
Drafted January 28, 1994; printed March 8, 1994.
..
(B) Removal: Officers of the City shall be removed as provided by Idaho Code, section 50
206.
The Council shall aopoint or remove the Ctty Attorney. or confjrm or fail to confirm the
City Manager's appointment or removal of the Cieri< or a Department Head <whether or
not also an Officer). as follows. The Councj! shall adopt a motion to meet as a commjttee
of the whole . The committee of the whole shall consider the matter of the appointment or
removal. make a recommendation to the Mayor. and adjourn. 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 respectjng the Cieri< or the
Departmem Head. as was recommended by the commjttee of the whole. The Mayor may
yote against confjrmatjon of an appointment or removal H the Mayor chooses to do so.
Council recognizes that jt js endeayodng to reconcile two chapters of rnle 50 of the Idaho
Code which are less than clear concernjng the appojntment and removal of Department
Heads who are also Officers, and adopts this procedure as the policy of the City in
-------cteafing w1ffi1iiat -ambigQity. ·
Section 6 . Section 1-9-5 of the McCall City code is amended to read as follows:
1-9-5 : PERSONNEL RULES; APPLICABILITY TO OfflCERS: All employees of the City
who are not Officers are classified employees. The rights and duties of classified
employees are defined by ll:liLPersonnel-Rtiles Policy Manual adopted and amended
from time to time by resolutions of the Council. The City Manager. City Qfficers....arui
Department Heads designated in this Chapter shall be .am.Exempt Employees.-frem
the Personnel Rules except as to those duties imposed upon City officers who are
designated as department heads by the Personnel Rules. The City Manager. City
Officers. and Department Heads shall perform such supervjsory 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-a00J2[ 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 ass ig n 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 by the Mayor with the eonsent of the Council
according to the procedure set out in Section 1-9-4 .
Section 6 . This Ordinance shall be in full force and effect from and after its approval and
publication as required by law.
P ass ed and approved March _, 1994.
A TTEST:
Arthur J . Schmidt,
City Clerk
ORDINANCE NO. 659
Drafted January 28, 1994; printed March 8, 1994.
Dean Martens
Mayor
page 6of6