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Home My Public Portal AboutOrd. 772 - Appointment and Approval of Appointed OfficialsORDINANCE NO. 772 AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING TITLE 1, CHAPTER 9, SECTION 4 OF THE McCALL CITY CODE TO AMEND THE PROCEDURE FOR THE APPOINTMENT AND REMOVAL OF APPOINTED OFFICIALS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of McCall, Idaho is a municipal corporation organized and operating under the laws of the State of Idaho; and WHEREAS, the Idaho State legislature has provided a procedure for the appointment of various officers in a city that has adopted the council-manager plan of government; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, Valley County, Idaho, hereby resolve as follows: Section 1: Title 1, Chapter 9, Section 4 of the McCall City Code is hereby amended to read as follows: 1-9-4: APPOINTMENT AND REMOVAL: The Council shall appoint or remove the City Attorney or confirm or fail to confirm the City Manager's appointment or removal of a department head (whether or not also an officer) as follows: (A) The City Council shall, by majority vote of the full Council (eg a vote of at least 3 members of a 5 member board), appoint or remove the City Attorney (including the City Prosecutor). ,(B) Appointment of Department Heads: The City Manager may appoint acting Department Heads at any time. The City Manager shall appoint permanent Department Heads subject to Council confirmation. The Council confirmation shall be by majority vote of the full Council held prior to presenting a formal offer to the candidate. (C) Removal of Department Heads: The City Manager may temporarily remove any officer (other than the City Attorney) at any time pending Council action. The City Manager shall present to the Council in Executive Session, pursuant to Idaho Code § 67- 2345(1)(b) or its successor, personnel issues, the basis for any the permanent removal of the officer Page 1 of 3 Ordinance No. 772 Adopted November 14, 2002 or Department Head. The Council shall confirm or fail to confirm the permanent removal in open session by majority vote of the full Council. (D) Committee Vacancies: When a vacancy on a committee occurs, the City shall advertise for replacement candidates for a minimum of two weeks. The City staff shall provide Council with copies of all responses. The City staff, in consultation with the appropriate committee, shall review the qualifications of those interested in serving on the committee and provide the Council with input to accompany the packet of information on prospective replacements. (E) Appointment of Committee Members: The City Manager, or other designated member of the City staff, shall present to the Council recommendations for appointments of members of all committees. The Council shall confirm or fail to confirm the appointment by majority vote of the full Council in open session. Members of committees have an obligation to perform their duties and conduct themselves in a professional manner that is consistent with the committee's charter, Council's guidance, and in a manner that does not reflect adversely upon the City. (F) Removal of Committee Members: A member of a committee may be removed as follows: (1) The Chair of any advisory committee may, upon receiving a majority vote of the committee, request to the City Manager that the member be temporarily removed pending Council action. The Chair shall present to the Council the basis for removal in open session. The Council shall remove or fail to remove the committee member by majority vote of the full Council. (2) The City Manager may temporarily remove a committee member and request the member's permanent removal from the committee if the member has acted in such a manner to bring discredit to the City or has acted in a manner that is clearly in violation of the expectations of the Council, or displayed Page 2 of 3 Ordinance No. 772 Adopted November 14, 2002 conduct that is malicious or capricious in nature. The City Manager shall present the reasons for removal to the Council at the next regularly scheduled City Council meeting. The Council shall permanently remove or fail to remove the member by majority vote of the full Council. ;(G) Exceptions: These appointment and removal procedures may be amended by written contract. Section 2: This ordinance, or a summary thereof in compliance with Section 50-901A, Idaho Code, shall be published once in the official newspaper of the City and .shall take effect and be in force upon its passage, approval, and publication. Dated this 14th day of November 2002. so ••.• °# *cCALL � •Vs SEAL 10; ;* i 4.1•11a1. u_g Ns ti . b`y /0 .• ATTEST: •,�'•.LIronu�� *** Cathleen A. Koch Finance Director/City Clerk CITY OF McCALL Valley County, Idaho Ralph Colton Mayor Page 3 of 3 Ordinance No. 772 Adopted November 14, 2002 City of McCall Certificate of Recording Officer STATE OF IDAHO} County of Valley } } I,: the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, Idaho, do hereby certify the following: 1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct journal of the proceedings of the Council of the City of McCall, Idaho, and that I am statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 772 is a true and correct copy of an ordinance passed at a special meeting of the Council of the City of McCall held on November 14, 2002 and duly recorded in my office; and 3. That said regular meeting was duly convened and held in all respects in accordance with law and to the extent required by law, due and proper notice of such meeting and that a legally sufficient number of members of the Council voted in the proper manner and for the passage of said ordinance; and that all other requirements and proceedings incident to the proper adoption and passage of said ordinance have been duly fulfilled, carried out and observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of McCall, Idaho this 14th day of'November 2002. Cathleen A. Koch, City Clerk Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley I, Carol J. Wright, being duly sworn and say, I am the receptionist of The Star -News, a weekly newspaper published at McCall, in the County of Valley, State of Idaho; that said newspaper is in general circulation in the county of afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for a period of one week in the regular and entire issue of every number there of during the period of time of publication, and was published in the newspaper proper and not in a supplement; and that publica- tion of such notice began December 5, 2002 and ended December 5, 2002. Subscribed and s STATE OF IDAHO COUNTY OF VALLEY e this the 6th day of December, 2002. On this 6th day of December, in the year of 2002, before me, a Notary Public, personally appeared Carol J. Wright, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 2/8/06 VeC r" :?ORDINANCE NO)772i ,'..AN; ORDINANCE- OF • THE, OF McCALL, VALLEY, COUNTY,,•ID.AHO, AMENDING TITLE-1`; •`; '•'` r•'.: CHAPTER 9,'SECTION �4;'OF:'THE McCALL CITY 'CODE TO:-AMEND;,THE ROCEDURE- FOR THE -APPOINTMENT AND R) MOVAL; OF: APPOINTED OFFI- - CIALS; AND: PROVIDING'AN-EFFECTIVE WEIBREAS, the City ofMcCall Idaho is a municipal corporation.,organized and operat - ing under the laws of the State of Idaho and,; 1WHHREAS,theIdaho,Statelegiglaturehas A': (E) Appointment of Committee Members: provided a procedure•for the appointment of ; . The City Manager, or other designated'mem- . various officers:in a city that has; adopted the , , berofthe City staff, shall present to the Council • epuncil4nanager plan of government ' recommendations for: appointments of inem= NOW; THEREFORE, BE IT ORDAINED: _hers of all committees. - The Council shall ' BY THE MAYOR AND COUNCIL OF THE confirm or fail' to -confirm the appointment by CITY OF McCALL, Valley CountyIdaho, majority vote of the full Council in open ses- herebpresolve as follows sion. Members of committees have an obliga Sectionode I:: Titre 11 Chapter 9, Section 4 of tionto perform their duties and conduct them the'IvMcCa11 City Cis:hy aended Selvesin a professional manner that•is ctinsis : -.read as follows! aereb „ i `mto . tent with the committees charter Council's 19 4 APPOINTMENT WO*, guidance and in'a inaniferthat does not reflect .. MOV;Aj. The Council :shall appoint, or re- adversely upon the City; ' . • move the City:A torney=,or codptin or fail•to '1k7 Removal of ComrmtteeMembers; A. 1 confirm"the'City-Manager's appointment -or member of a committee may be removal of a departmeht head (whether or not removed as follows: • ,also an officer) as.follows: _( • '(1) The Chair of any advisory committee y. - (A) The City Council shall by majoritymay,' upon receiving • a majority , vote of the - vote of the full Council (eg a vote of at least 3 committee;requestto the City Managerthatthe, ! members of a5:member board); appoint.or meinberbeternporarilyremovedpendingCoun remove the City Attorney (including the City , cil action. The Chair shall present to the Coun- ! Prosecutor) ° cil the basis' for removal in •open session., The . ' ,', .'.;(B) Appointment.ofDepartment Heads: ' Council •shall remove or fail to remove -the:, The City Manager. may appoint acting Depart- .. committee member by majority vote of the full -. • ment:.Heads 'at time...., The City Manager Council - shall. appoint permanent;Departinent Heads. (2) The City Manager may;,temporarily subject to" Council confirmation. The Council remove a committee member, and,request;the confirmation shall be. by majority. vote of the .: members permanent removal from. the coin- r4full Council held prior to presenting a formal . mitteeifthe member has acted insuchamanner ' offer to the candidate. - , to bring discredit to the City' or. has acted in a (C) Removal of Department Heads: The manner that is clearly in violation.of the.expec- City Manager may. temporarily remove any tations`of the Council, or displayed conduct officer (other than .the City. Attorney) at any that is malicious or capricious. in nature. The time pending Council action. The City Man- City Manager shall present the reasons for ager shall present to the Council in Executive - removal to the, Council at the next regularly Session, pursuant_ to Idaho Code A7 67- . scheduled City Council meeting. The Council • 2345(1)(6), or its successor, personnel issues; shall permanently remove or fail to remove the the basis' for' any the permanent removal_ of the; member by majority vote of. the full Council. . officer or Department Head.The Council shali (G) Exceptions; These appointment and - confirm or fail to confirm the permanent re-. removal procedures may be amended by writ-. *oval in open session by majority vote of the ten contract.• . full Council Section 2i This ordinance or a summary •, (D)Committee •'Vacancies: When a va- •thereof in. compliance with Section 50 901A, ., cane),on'a committee occurs, the City shall Idaho. Code, shall, be- published-- once.in the ` advertise £orreplacementcandidates foramini- official newspaper of the City and, shall take, , • mum•of two weeks. The'effect and be in 'force upon its passage, ap- City-Staff shaliprovideCouncilwithcopies proval, and publication. • ' • ' of all responses.;The Citystaff, inponsultation Dated this 14th day of November.2002. " • With the appropriate. committee, shall review . CITY OF McCALL • the qualifications of those, interested in serving Valley County, Idaho - - - on the committee and provide Me:Council with By: Mayor'Ralph Colton input; to; accompany the packet of information ATTEST:' Cathleen A. Koch, on prospective replacements_ , Finance Director/City Clerk Itc12/5