WHO’S ACCOUNTABLE

PART 4

My friends, as we move towards the conclusion of this effort to bring you on board with who is at the helm of city government and ultimately accountable for both the good…….and yes, on those occasions when city government fails to toe the line or simply does not meet expectations, please allow me to remind you…… using sage baseball percentage jargon…… NO ONE bats 1000!  Not even in our prime years.

CITY MANAGER :

1-7A-6: POWERS AND DUTIES:

F. Attendance At Council Meetings: It shall be the duty of the city manager to attend all meetings of the city council, unless at his request he is excused therefrom by the mayor or the city council, except when his removal is under consideration.

G. Financial Reports: It shall be the duty of the city manager to keep the mayor and the city council at all times fully advised as to the financial condition and needs of the city.

H. Budget: It shall be the duty of the city manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the mayor and city council for its approval. (Ord. 1978-24, 6-15-1978, eff. 9-1-1978)

I. Expenditure Control And Purchasing: It shall be the duty of the city manager to see that no expenditures shall be submitted or recommended to the mayor and city council except on approval of the city manager or his authorized representative. (Ord. 1978-24, 6-15-1978, eff. 9-1-1978; amd. 2003 Code)

My friends, in light of the class action law suit filed against the city (still in litigation) this next item may understandably peek your interest and provide you with a better understanding and appreciation of how difficult issues are to be managed.

J. Investigations and Complaints: It shall be the duty of the city manager 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. Further, it shall be the duty of the city manager to investigate all complaints in relation to matters concerning the administration of the city government.

Although details of matters still in litigation may be withheld from the public you may find solace in knowing that adherence to city ordinances describing the Powers and Duties of the City Manager, do in fact serve as the vehicle intended to assure that action, deemed to be in the best interest of the city is undertaken. The mayor and city council are accountable to You at all times for oversight of the city manager. When we all do our job things workout pretty well. Too bad our Federal Government doesn’t do as well.

K. Public Buildings: It shall be the duty of the city manager to exercise general supervision over all public buildings, public parks and all other public property which are under the control and jurisdiction of the mayor and city council.  (Ord. 1978-24, 6-15-1978, eff. 9-1-1978)

L. Additional Duties: It shall be the duty of the city manager to perform such other duties and exercise such other powers as may lawfully be delegated to him from time to time by ordinance or resolution or other official action of the mayor and city council. (Ord. 1978-24, 6-15-1978, eff. 9-1-1978; amd. 2003 Code)

1-7A-7: REMOVAL FROM OFFICE:

1. Procedure: The removal of the city manager shall be effected only by a majority vote of the whole city council as then constituted, convened in a regular council meeting, subject to the provisions of the next succeeding subsections. In case of his intended removal by the city council, the city manager shall be furnished with a written notice stating the city council’s intention to remove him, at least thirty (30) days before the effective date of his removal. If the city manager so requests, the city council shall provide in writing reasons for the intended removal, which shall be provided the city manager within (7) days after the receipt of such request from the city manager.
2. Hearing: Within seven (7) days after the delivery to the city manager of such notice of intention to remove, he may, by written notification to the city recorder, request a hearing before the city council. Thereafter the city council shall fix a time for the hearing which shall be held at its usual meeting place, at which time the city manager may appear and be heard with or without counsel.
3. Suspension Pending Hearing: After furnishing the city manager with written notice of intended removal, the city council may suspend him from duty, but his compensation shall continue until his removal by action of the city council passed subsequent to the aforesaid hearing.
4. Discretion Of Council: In removing the city manager, the city council shall use its uncontrolled discretion, and its action shall be final and shall not depend upon any particular showing of cause or degree of proof at the hearing, the purpose of which is to allow the city manager to present to the city council his grounds of opposition to his removal prior to its action. (Ord. 1978-24, 6-15-1978, eff. 9-1-1978; amd. 2003 Code)

1-7A-8; AGREEMENTS ON EMPLOYMENT: Nothing in this article shall be construed as a limitation on the power and authority of the governing body to enter into any supplemental agreement with the city manager delineating additional terms and conditions of employment not inconsistent with any provisions of this article. (Ord. 1978-24, 6-15-1978, eff. 9-1-1978; amd. 2003 Code)

My friends, you may find it interesting to know that our city manager, Gary Esplin was employed by the City of St. George in 1975 as a management intern. He then served as the assistant to the mayor of Riverton City in 1975 and 1976, and returned to the City of St. George as the assistant to the city coordinator in 1976. He became city manager in 1977, and has served as such to the present day. In baseball terms Gary may be said to have maintained a 400 batting average. Not too Bad for a small town boy, huh?  St. George City has a stellar reputation among the cities of our great nation.                                                                                                    Thank you, ED BACA

WHO’S  ACCOUNTABLE ?  

PART 3

As promised, the continuation of a series of articles identifying by city ordinance, Who Is Accountable?  In the Realm of City Government many have come to believe without question that the most powerful man in the city and for that matter the county….. Is none other than the City Manager of the City of St. George. If this be the case it becomes increasingly important for the public be to be able to trace by statute where such power and authority emulates. NOW approaching 4 decades, the current City Manager has held the reins of power.  Please follow me as I attempt to provide a word picture of this very important position.

CITY MANAGER…..Powers and Duties.

1-7A-1: OFFICE CREATED: The office of city manager is hereby created and established. (Ord. 1978-24, 6-15-1978, eff. 9-1-1978)

1-7A-2: Appointment: The city manager shall be appointed by the governing body. The city manager’s term of office shall be for an indefinite period. (Ord. 1978-24, 6-15-1978, eff. 9-1-1978; amd. 2003 Code)

1-7A-5: Compensation: The city manager shall receive such compensation as the City Council SHALL, from time to time, determine. In addition, the City Manager SHALL be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties. (Ord. 1978-24, 6-15-1978, eff. 9-1-1978)

Folks, please note as I reference the Duties and Powers of The City Manager the inclusion of wording that includes the duties and responsibilities assigned directly to the City Council and Mayor.  The very important word, Shall, should be given special consideration. Thank you.

1-7A-6: POWERS AND DUTIES: The city manager shall be the administrative head of the government of the city under the direction and control of the mayor and city council, except as otherwise provided in this article. Folks, I take this to mean that it is incumbent  upon the Mayor and City Council to at all times be attentive as to how the City Manager is performing and permitting city government to be conducted. Knowing, what is taking place within City Government is part of the job description of the Mayor and City Council and in this way all are answerable to the public.

1. Law Enforcement: It shall be the duty of the city manager to enforce all laws and ordinances of the city.
2. Authority Over Employees: It shall be the duty of the city manager, and he shall have the authority, to control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his jurisdiction through their department heads. (Ord. 1978-24, 6-15-1978, eff. 9-1-1978)
3. Power Of Appointment And Removal: It shall be the duty of the city manager to appoint, remove, promote and demote any and all officers and employees of the city, subject to all applicable personnel ordinances, rules and regulations, except the city recorder, city treasurer, city attorney, police chief, fire chief, director of finance, director of public works, director of leisure services, director of water services, director of energy services, and director of administrative services. The city manager’s recommendations on the appointment or removal of said department heads will be considered on the basis of merit by (Mayor and City Council) the governing body. (Ord. 1978-24, 6-15-1978, eff. 9-1-1978; amd. 2003 Code)
4. Administrative Reorganization Of Offices: It shall be the duty and responsibility of the city manager to conduct studies and effect such administrative reorganization of offices, positions or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the city’s business.
5. Ordinances: The city manager shall recommend to the mayor and city council for adoption such measures and ordinances as he deems necessary.

My friends, as you can see. Checks and balances are clearly in place and subject to public scrutiny. This of course requires the Council and Mayor to be present and actively involved as issues are brought to light.

REVIEW:  The City Manager shall supervise ALL department heads. They in turn are responsible for supervision of all subordinates assigned to their respective departments. The city manager has authority to hire and fire city employees with the exception of department heads listed above. Compliance with city ordinance regulating such matters, are to be complied with. The mayor and city council are responsible for oversight and supervision of the City Manager. By extension the Public/Voters, are responsible for oversight and supervision of the Mayor and City Council. The need for transparency becomes evident to all.

Senior Sampler Readers, due to the length of this article it will be necessary to conclude the description of Powers and Authority of the city manager in next week’s issue. Part 4 to follow.                  Thank You.   ED BACA