Chapter VI - Administration of City Affairs

  • Sec. 6.01. The City Manager. The City Manager shall be the chief administrative officer of the City. The Manager shall be chosen by the Council solely on the basis of experience and professional qualifications. He or she need not be a resident of the City, but shall be a citizen of the United States. The City Manager shall be appointed by the Council for an indefinite term and may be removed by the Council at any time during the first year of service; but after he or she has served as City manager for 1 year, he or she can be removed, discharged, or suspended without pay for not in excess of 30 days, at any time by the affirmative vote of a majority of the Council. In case of any such action by the Council, the City Manger may, within 15 days after notice of removal, discharge or suspension, make demand on the City Clerk for written charges specifying the grounds for such removal, discharge or suspension, and a public hearing shall be held by the City Council thereon within 10 days of the written request by the City Manager and until such hearing is held, the proposed removal, discharge or suspension shall not take effect. If such hearing is demanded and is held, the Council shall have unlimited discretion either to reinstate the City Manager and revoke any suspension or make his or her removal or discharge final. Pending such hearing and removal or discharge, the Council may suspend the City Manager from office without pay for not more than 30 days. During the absence, disability or suspension without pay of the City Manager, or during such time as the office of City Manager may be vacant, the Council may designate, on a temporary basis, some properly qualified person to perform the duties of the City Manager.
  • Sec. 6.02. Powers and Duties of the City Manager.
    • Subd. 1. Subject to the provisions of this Charter and any Council regulations consistent therewith, the City Manager shall manage, control and direct the administration of the City's affairs. The Manager shall have the powers and duties set forth in the following subdivision.
    • Subd. 2. The Manager shall see that this Charter and laws, ordinances and resolutions of the City are enforced.
    • Subd. 3. Except for the City Attorney who shall be selected, appointed, and removed by the Council, the City Manager shall appoint, promote and remove, upon the basis of merit and fitness the City Clerk, all heads of departments and all subordinate officers and employees in the departments. No subordinate officer or employee of the City shall be discharged from his or her employment unless and until such employee has had a hearing by the Council if such employee requests the hearing within 15 days of the effective date of such discharge or such greater period as may be specified in any contract with the City covering such employee.
    • Subd. 4. The Manager shall exercise full control over all departments and divisions of the City administration created by this Charter or by the Council pursuant to this Charter. Except as provided by the Statutes of the State of Minnesota or by other specific provisions of this Charter, the Manager shall exercise full control over all departments and divisions of the City Administration created by this Charter or by the Council pursuant to this Charter.
    • Subd. 5. Except for such meetings of the Council at which his or her removal, discharge or suspension is to be considered, he or she shall attend all meetings of the Council and shall have the right to take part in the discussion at any meeting of the Council, but he or she shall not have the right to vote thereat.
    • Subd. 6. The Manager shall make written recommendations to the Council for adoption of such measures as he or she may deem necessary for the City or the welfare of its people or the efficient administration of the City's affairs.
    • Subd. 7. The Manager shall see that the Council is kept informed at least quarter-annually as to the Financial condition of the City and its fiscal needs. The Manager shall prepare and submit to the Council not later than the first regular meeting of the council in September of each year for annual budget for the operation of the City and the conduct of its affairs for the ensuing calendar year.
    • Subd. 8. The Manager shall review the administrative code from time-to-time and shall make recommendations to the Council respecting amendments thereto which he or she deems appropriate.
    • Subd. 9. The Manager shall perform such other or further duties as may be prescribed by this Charter or by law or required by ordinance or resolution adopted by the Council not inconsistent with the provisions of this Charter.
  • Sec. 6.03. Department of Administration. The Council shall in conjunction with the City Manager, prepare a complete administrative code for the City and enact it in the form of an ordinance, which may be amended from time to time by ordinances; but in so doing, the Council may not create any department, division, bureau or position for the administration of the City's affairs contrary to the provision of this Charter.
  • Sec. 6.04. Subordinate Officers. Except as otherwise herein provided, there shall be a City Clerk, a City Treasurer, and such other officers subordinate to the City Manager as the Council may create by ordinance. The City Clerk shall be subject to the direction of the City Manager, and shall have such duties in connection with the keeping of the public records and the general administration of the City's affairs as is prescribed in the administrative code. The City Treasurer shall be subject to the direction of the City Manager and shall have the custody and disbursement of the public funds. Except for those offices specified in this Charter, the Council may by ordinance abolish any office or combine the duties of various offices which have been created by ordinance prior to the adoption of this Charter.
    • Section 6.06 – Ordinance 99-23
    • Section 6.05 – Ordinance 00-11
    • Section 6.05 - Ordinance 05-09
    • Section 6.06 - Ordinance 05-10
    • Section 6.05 - Ordinance 08-28
    • Section 6.06 - Ordinance 09-05
  • Sec. 6.05. Purchases and Contracts. The City Manager shall be the chief purchasing agent of the City. All City purchases and contracts shall be made and signed by the City Manager when the amount of the purchase or contract does not exceed $25,000. All purchases and contracts that exceed $25,000 shall be approved by the Council after the recommendation of the City Manager has first been obtained and shall be signed by the Mayor and the City Manager on behalf of the City.
  • Sec. 6.06. Contracts How Let.
    • Subd. 1. General Rule. For the sale or purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property where the amount involved is more than $50,000, unless the Council shall by emergency ordinance other-wise provide, the City Manager shall advertise for bids in such manner as may be required by law. Contracts of this magnitude shall be let only by the Council to the lowest responsible bidder after consideration of the recommendation of the City Manager. The Council shall require every bid to be accompanied by a bond or certified check in such sums and with such surety and conditioned as the Council may prescribe. The Council may however, reject any and all bids. Subject to the provisions of this Charter, the Council may by ordinance adopt further regulations for the making of bids and the letting of contracts.
    • Subd. 2. Exceptions. It is not necessary for the Council to advertise for bids for the following contracts:
      • (a) Professional services such as, but not limited to engineers, attorneys, architects, or accountants;
      • (b) The purchase or lease of real estate;
      • (c) Insurance contracts;
      • (d) When the City is using a reverse auction or electronic purchasing process in which vendors compete to provide the supplies, materials, or equipment at the lowest selling price in an open and interactive environment;
      • (e) When the City is using an electronic sale of surplus supplies, materials, and equipment in which purchasers compete to purchase the surplus supplies, materials, or equipment at the highest purchase price in an open and interactive environment.
  • Sec. 6.07. Labor Contracts. The City Manager is responsible for negotiating contracts with the City officers and employees or their bargaining agents to extend for an appropriate term and shall submit the final agreement to the City Council for approval.