Article XI. Officers and Employees Generally.[3]
Sec. 165. Officers elected by council; term; vacancies.
There may be elected by the council such officers and clerks as
said council deems proper and necessary and any one or more of
said offices may be held and exercised by the same person. Unless
otherwise specially provided, every municipal officer elected
by the council shall hold his office for a term of two years and be
removable at the will of the council. The term of all officers so
elected shall commence as soon as they have qualified and given
bond as required. Vacancies occurring in such offices shall be
filled by the council as soon as practicable. All persons elected
to fill a vacancy shall hold office only during the unexpired term
of the office in which such vacancy occurs. Any officer elected
by the council shall hold office until his successor shall have been
elected and shall have qualified and given bond unless he be sooner
removed. (Code 1932, § 35.)
For provision of the charter in regard to officers and clerks elected by
council, see char., § 5.
Sec. 166. Authority of officers appointed by council.
The officers of the city elected or appointed by the council shall,
during the time they are in office, have all the power and authority
of like officers of the state under its general laws, unless the same
be abridged or restricted by the council. (Id., § 43.)
For similar provisions of city charter, see char., § 27.
Sec. 167. Compensation fixed by council; traveling expenses;
officers in arrears or default.
The salaries of all officers who shall receive stated compensation
for their services from the city shall be fixed by the council
except as otherwise provided. They shall be paid their reasonable
traveling expenses when the duties of their offices require their
attendance out of the city. No payment shall be made to any
officer who is in arrears to the city or in default in rendering any
account or report required of him. (Id., § 36.)
For charter provision in regard to fixing of salaries by council, see
char., § 31; as to city treasurer withholding wages of employees indebted
to the city, see § 94 of this chapter.
Sec. 168. Appointment of substitute during inability to
serve.
If any officer elected by the council be at any time unable, by
reason of sickness or other unavoidable cause, to discharge the
duties of his office, he may, in writing, appoint a substitute to act
for him during such inability, and he and his sureties shall be liable
for the conduct of such substitute while in office. No such appointment
shall be valid until ratified by the council, and approved
in writing by the surety on such officer's bond. Nothing herein
shall be construed to affect the right of the mayor to remove any
officer appointed by the council. (Id., § 37.)
Sec. 169. Removal by mayor or council.
For malfeasance, misfeasance, neglect of duty, incapacity or any
other good cause, the mayor or council may remove from office
any officer elected or appointed by the council. (Id., § 38.)
For charter provision as to removal of employees by the mayor, see char.,
§ 29; as to council's expelling one of its members, see § 12 of this chapter;
as to suspension or removal of subordinate officers by the mayor,
see § 70 of this chapter; as to removal of mayor from office, see § 72
of this chapter; as to power to remove city manager from office, see §
74 of this chapter.
Sec. 170. Salary of suspended officers.
Any officer who shall be suspended by the mayor or council shall
forfeit his salary from the day of his suspension until he is reinstated
or discharged, and shall only receive the pro-rata part of
his pay for the time he may have actually served; provided,
however, if the suspension is not sustained, the officer so suspended
shall receive his pay in full the same as if no suspension had occurred.
(Id., § 39.)
Sec. 171. Superintendents of departments — Absence
from city.
The superintendents of such departments as require the regular
employment or working of a force of hands shall not be absent
from the city without the consent of the city manager. (Id.,
§ 40.)
As to supervising by city manager of heads of departments, see § 75
of this chapter.
Sec. 172. Same—Vacations.
A vacation of two weeks in each year shall be allowed the superintendents
of departments as above described without loss of pay,
at such time as will not be detrimental to the public service and as
may be agreed upon by the city manager. (Id.)
Sec. 173. Bonds—Amount.
The penalties of the official bonds of the following officers shall
be, respectively, as herein enumerated, to-wit:
| Mayor |
$ 2,000.00 |
| Treasurer |
40,000.00 |
| City manager |
5,000.00 |
| Director of finance |
10,000.00 |
| Clerk of council (if not otherwise bonded) |
5,000.00 |
| Chief of police |
1,000.00 |
| Meter readers of gas and water |
1,000.00 |
| Superintendent of cemeteries |
1,000.00 |
| Superintendent of public welfare |
$ 2,000.00 |
| Clerk of civil and police justice court |
2,000.00 |
| City Electrician |
500.00 |
(Code 1932, § 41; Ords. Sept. 4, 1934, Jan. 20, 1936, Dec. 21,
1942.)
For charter provision authorizing council to require bonds from city
officials and employees, see char., § 13, subdivision (17).
Sec. 174. Same—Guaranty companies.
Every official bond required by the city shall be given in such
guaranty company as will be satisfactory to the finance committee,
and shall be made payable to the city with conditions for the faithful
discharge of the duties of the office to which the person giving
it has been elected or appointed. (Id.)
Sec. 175. Same—Paid for by city.
All official bonds shall be paid for by the city. (Id.)
Sec. 176. Same—Failure to give.
Any person elected or appointed to any office who shall, for ten
days after the beginning of the term for which he was elected or
appointed, neglect to give such bond and security as may be required
of him, shall thereby vacate his office. (Id.)
Sec. 177. Same—Report by finance committee; bonds
filed with clerk of council.
The finance committee shall report to the council all official
bonds given as required by sections 173 to 176 of this chapter for
entry upon its journal and the bonds shall be filed in the office of
the clerk of the council. (Id.)
Sec. 178. Officers appointed by city manager.
There shall be appointed by the city manager, a city engineer, a
building inspector, a plumbing inspector, a city electrician and a
chief of the fire department, subject to the approval of the council.
There may be appointed by the city manager, with the approval
of the council, a superintendent of the gas department, a superintendent
of the water and sewer department, a superintendent of
the public service department, a superintendent of parks and cemeteries,
a superintendent of recreation and such other officials and
assistants as he may consider necessary for the proper conduct of
the affairs of the city under his management, and for which he is
responsible. One or more of such positions may be held and exercised
by the same person. These so appointed shall hold office at
the will of the city manager. (Code 1932, § 127; Ord. Feb. 16,
1942.)
For charter provision authorizing city manager to employ and discharge
employees under his control, see char., § 4, subdivision (f).
Sec. 179. Same—Duties generally.
The officials appointed under section 178 of this chapter, as well
as the superintendent of public welfare, shall, in addition to the
duties fixed by ordinances and resolutions of the council, perform
such other duties as may be required of them by the city manager.
(Code 1932, § 128; Ord. Sept. 4, 1934.)
Sec. 180. Reports to city manager.
All superintendents of departments, officers and employees are
directed to make such reports and furnish such information upon
the affairs of their departments or offices as may be required by
the city manager. (Code 1932, § 55.)
