HomeMy WebLinkAboutCharter as approved by voters_2015.03.03CHARTER
OF THE CITY OF OWASSO, OKLAHOMA
PREAMBLE
We, the people of the City of Owasso, exercising the powers of home rule granted to us by the
Constitution and laws of the State of Oklahoma, in order to provide for more efficient, adequate, and
economical government, do hereby ordain, ratify, and establish this Charter of the City of Owasso,
Oklahoma.
ARTICLE 1
INCORPORATION; FORM OF GOVERNMENT; POWERS
Section 1-1Incorporation
When this Charter goes into effect, the Town of Owasso, Oklahoma, shall become a city, and
within the corporate limits as now established or as hereafter may be established, shall be a municipal
body politic and corporate in perpetuity under the name of "City of Owasso". The city shall be the legal
successor of the town; and as such, it shall succeed to and possess all the property and rights belonging to
the town, and shall be liable for all debts and other obligations for which the town is legally bound at the
time of the succession in government.
Section 1-2Form of Government
The municipal government provided by this Charter shall be known as a "council-manager
government". All powers of the city shall be exercised in the manner prescribed by this Charter, or, if the
manner is not thus prescribed, then in such manner as the council may prescribe by ordinance.
Section 1-3Powers of the City
a.The city shall have all powers possible for a city operating under a home-rule charter to have
under the constitution and laws of this state as fully and completely as though they were specifically
enumerated in this Charter.
b.Provisions of state law relating to matters which may be regulated by cities operating under-
rule charters, shall be in effect in this city only insofar as they are applicable and are not superseded by
this Charter or by ordinance.
Section 1-4Construction
The powers of the city under this Charter shall be construed liberally in favor of the city, and the
specific mention of particular powers in the Charter shall not be construed as limiting in any way the
general power stated in this article.
Section 1-5Intergovernmental Relations
The city may exercise any of its powers to perform any of its functions and may participate in the
financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more states or civil
divisions or agencies thereof, or the United States or any agency thereof.
ARTICLE 2
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THE COUNCIL
Section 2-1Councilor: Number, Qualifications
a.There shall be a council of five members, which shall consist of one councilorfrom each of
the five wards of the city as the wards are now constituted or as they may hereafter be constituted by
ordinances.
b.Only qualified electors of the city who reside in the respective wards from which they are
elected or appointed to fill a vacancy, shall be qualified for the offices of councilor. Upon election, or
appointment, as the case may be, such councilorshall continue to reside within the ward from which
elected or appointed during the entire term of said councilor's office, or upon removal of residence
therefrom, forfeit such office. No councilor may hold any office in the city government by appointment
bythe City Manager or by anysubordinate of the City Manager. If the mayor or any other counciloris
convicted of a crime involving moral turpitude, their office shall become vacant immediately when the
case is finally determined.
Section 2-2Mayor and Vice Mayor
a.At the first meeting after the time prescribed for the beginning of the terms of anewly elected
councilor, or as soon thereafter as practicable, the council shall elect from its membership a mayor and a
vice mayor, who shall serve until the timeprescribed for the beginning of the terms of the next newly
elected councilor.
b.The mayor shall preside at meetings of the council. The mayor shall be recognized as head of
the city government for all ceremonial purposes and by the governor for purposes of military law. The
mayor shall have no administrative duties except signingsuch written obligations of the city as the
council may require. As a councilmember, the mayor shall have all powers, rights, privileges, duties, and
responsibilities of a councilor, including the right to vote on questions.
c.The vice mayor shall act as mayor during the absence, disability, or suspension of the mayor,
or, if a vacancy occurs in the office of mayor, until another mayor is elected by the council from its
membership for completion of the unexpired term and qualifies. If the office of vice mayor becomes
vacant, the council shall elect from its membership another vice mayor for completion of the unexpired
term.
Section 2-3Council: Compensation
Neither the mayornor any other councilmembermay receive any compensation as mayor or
councilor nor for any other service rendered the city, but may be reimbursed for expenses incurred in the
discharge of their official duties.
Section 2-4Council: Powers
Except as otherwise provided in this Charter, all powers of the city, including the determination of
all matters of policy, shall be vested in the council. Without limitation of the foregoing, the council shall
have power, subject to the state constitution, law, andthis Charter:
a.To appoint and remove the City Manager;
b.By ordinance to enact municipal legislation;
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c.To adopt the budget, raise revenue, and make appropriations; and to regulate bond elections,
the issuance of bonds, sinking funds, the refunding of indebtedness, salaries, wages, and other
compensation of officers and employees, and all other fiscal affairs of the city;
d.To inquire in the conduct of any office, department, or agency of the city government, and
investigate municipal affairs; and for this purpose, to subpoena witnesses, take testimony, and require the
production of evidence;
e.To appoint or elect and remove the members of the personnel board, the members of the
planning commission, the members of the board of adjustment, and other quasi-legislative, quasi-judicial,
or advisory personnel and authorities, now or when and if established, or to prescribe the method of
appointing or electing and removing them.
f.To regulate elections, the initiative and referendum, and recall.
g.To create, change, andabolish all offices, departments, and agencies of the city government
other than the offices, departments, and agencies created by this Charter; and to assign additional powers,
duties and functions consistent with this Charter to offices, departments, and agencies created by this
Charter.
Section 2-5Council: Appointments and Removals
Neither the council, the mayor, nor any of its other members may direct or request the appointment
of any person to, or removal from, office or employment by the City Manager or by any other authority;
or, except as provided in this Charter, participate in any manner in the appointment or removal of officers
and employees of the city. Except for the purpose of inquiry, the council and its members shall deal with
the administrative service solely through the City Manager; and neither the council nor any member
thereof may give orders on administrative matters to any subordinate of the City Manager either publicly
or privately.
Section 2-6City Clerk to be Clerical Officerof Council
The city clerk shall be elected by the council for an indefinite term; provided, that the council by
ordinance may provide that the city treasurer shall be ex-officio city clerk. The City Clerk shall serve as
clerical officer of the council.The city clerkshall keep the journal of its proceedings, and shall enroll in a
book or books kept for the purpose all ordinances and resolutions passed by it; shall be custodian of such
documents, records, and archives as may be provided by applicable law or ordinance; shall be custodian
of the seal of the city, and shall attest, and affix the seal to, documents when required in accordance with
applicable law or ordinance; and shall have such other powers and duties consistent with this Charter as
may beprescribed by ordinance or applicable law.
Section 2-7Council: Meetings
The council shall hold at least one regular meeting every month, such time as it may prescribe by
ordinance or otherwise. The mayor or any three councilorsmay call special meetings. All meetings of
the council, except executive sessions held as authorized by law, shall be open to the public, and the
journal of its proceedings shall be open to public inspection.
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Section 2-8Councilor: Absences to Terminate Membership
If the mayor or any other counciloris absent from more than one-half of allthe regular and special
meetings of the council held within any period of four consecutive calendar months, such person shall
thereupon cease to hold office.
Section 2-9Councilor: Removal
The mayor or any other councilormay be removed from office for any cause specified by
applicable state law for the removal of officers, and by the method or methods prescribed thereby, and by
recall as provided in this Charter.
Section 2-10Council: Vacancies
The council, by majority vote of its remaining members, shall fill vacancies in its own membership
for the unexpired terms or until successors are elected as provided in this section. If a vacancy occurs
before the beginning of a regular filing period for council candidates, and the unexpired term extends
beyond the time when the terms of councilorelected that year begin, then a councilorfor that place shall
be elected at the elections of that year to serve the rest of the unexpired term beginning at the time the
terms of councilorelected that year begin.
Section 2-11Council: Quorum, Rules, Yeas and Nays
A majority of all of the members of the council shall constitute a quorum, but a smaller number
may adjourn from day to day or fromtime to time. The council may determine its own rules. On the
demand of any member, the vote on any question shall be by yeas and nays, and shall be entered in the
journal.
Section 2-12Ordinances: Enacting Clause
The enacting clause of all ordinances passed by the council shall be, "Be it ordained by the Council
of the City of Owasso, Oklahoma", and of all ordinances proposed by the voters under the power of
initiative, "Be it ordained by the People of the City of Owasso, Oklahoma".
Section 2-13Ordinances: Passage, When in Effect
Every proposed ordinance shall be read, by title only unless a majority vote of the council request
reading in its entirety, and a vote of a majority of all the councilshall be required for its passage. The
vote on final passage of every ordinance shall be by yeas and nays, and shall be entered in the journal.
The mayor shall have no power of veto. Within ten days after its passage, every ordinance shall be
published in full or by number, title, and a brief gist in a newspaper of general circulation within the city.
Every ordinance except an emergency ordinance, so published, shall become effective thirty days after its
final passage unless it specifies a later time; provided that a franchise for a public utility shall not go into
effect until the ordinance granting it has been published in full in a newspaper of general circulation
within the city and has been approved at an election by a vote of a majority of the qualified electors
voting on the question.
Section 2-14Ordinances: Emergency
An emergency ordinance is an ordinance which in the judgment of the council is necessary for the
immediate preservation of peace, health, or safety, and which should become effective prior to the time
when an ordinary ordinance would become effective. Every such ordinance shall contain, as a part of its
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title, the words, "and declaring an emergency", and in a separate section, herein called the emergency
section, shall declare the emergency. An affirmative vote of at least four councilorsshall be required for
the passage of an emergency ordinance. An emergency ordinance shall take effect upon passage unless it
specifies a later time.
Section 2-15Ordinances: Adoption by Reference
The council by ordinance may adopt by reference codes, standards, and regulations relating to
building, plumbing, electrical installations, milk and milk products, and other matters which it has power
to regulate otherwise. Such code, standard, or regulation so adopted need not be enrolled in the book of
ordinances; but a copy shall be filed and kept in the office of the City lerk.
Section 2-16Ordinances: Codification
The permanent, general ordinances of the city shall be codified and published in book or pamphlet
form at least every ten years unless the council, by use of a loose-leaf system, provides for keeping the
code up to date. The ordinances and parts of ordinances included in the code may be revised, rearranged,
and reorganized; and the code may contain new matter, provisions of thestate constitution and law
applicable to the city, and this Charter. A copy of the published code shall be filed in the office of the city
clerk after the council adopts the code by ordinance, but the code need not be enrolled in the book of
ordinances.
Section 2-17Initiative and Referendum
The powers of the initiative and referendum are reserved to the people of the city. In the exercise
of these powers, the requirements of the state constitution and law shall be observed.
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ARTICLE 3
CITY MANAGER AND ADMINISTRATIVE DEPARTMENTS
Section 3-1City Manager: Appointment, Term, Qualification; Removal
a.There shall be a city manager. The council shall appoint a city managerfor an indefinite term
by a vote of a majority of all its members. It shall choose solely on the basis of executive and
administrative qualifications. At the time of appointment, theyneed not be a resident of the city or state;
but, during their tenure of office, theyshall reside within the limits of said city or the designated fenceline
thereof. Neither the mayor nor any other councilor may be appointed city manager or acting city manager
during theirterm nor within two years after the expiration of theirterm.
b.The council may suspend or remove the city manager at any time by a vote of a majority of
all its members; provided, that the council shall give the city manager a written statement of the reason
for the proposed removal at least twenty days before removal, and on request shall give the city manager
an opportunity for a public hearing thereon at or after the expiration of such time before removal.
Section 3-2Temporary Absence or Disability of City Manager
By letter filed with the city clerk, the city manager may designate, subject to council approval, a
qualified city administrative officer to be acting city manager during temporary absences or disabilities.
The council may revoke such designation at any time and appoint another person acting city manager to
serve during such times; and if the city manager fails to make such designation, the council may appoint
an acting city manager to serve during such time. The council may remove an acting city manager at any
time.
Section 3-3City Manager: Powers and Duties
The city manager shall be chief administrative officer and head of the administrative branch of the
city government. Theyshall execute the laws and ordinances and administer the government of the city,
and shall be responsible therefore to the council. Theyshall:
a.Appoint and, when deemed necessary forthe good of the service, lay off, suspend, demote, or
remove all directors, or heads, of administrative departments and all other administrative officers and
employees of the city except as theymay authorize the head of a department, an officer, or an agency to
appoint, lay off, suspend, demote, and remove subordinates in such department, office or agency.
b.Supervise and control, directly or indirectly, all administrative departments, agencies,
officers, and employees.
c.Prepare a budget annually and submit it to the council, be responsible for the administration
of the budget after it goes into effect and recommend to the council any changes in the budget which they
deem desirable.
d.Submit to the council a report as of the end of the fiscal year on the finances and
administrative activities of the city for the preceding year.
e.Keep the council advised of the financial condition and future needs of the city, and make
such recommendations to the council on matters of policy and other matters as may seem desirable.
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f.Have such other powers, duties, and functions as this Charter may prescribe, and such
powers, duties, and functions consistent with this Charter as the council may prescribe.
Section 3-4Administrative Departments, Offices, and Agencies
There shall be a department of finance headed by a city treasurer, a city attorney, and such other
administrative departments, offices, and agencies as the council may establish.
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ARTICLE 4
DEPARTMENT OF FINANCE; FISCAL AFFAIRS
Section 4-1Department of Finance:City Treasurer
There shall be a department of finance, the head of which shall be the city treasurer. The city
manager shall appoint the city treasurer for an indefinite term. Subject to and in accordance with this
Charter, applicable law, and such ordinances and other policies as the council may adopt, the city
treasurer or personnel under theirsupervision and control shall collect or receive revenue and other
money for the city; shall be responsible for its custody, safekeeping, deposit, and disbursement; shall
maintain a general accounting system for the city government; and shall have such other powers and
duties consistent with this Charter as may be prescribed by ordinance or applicable law.
Section 4-2Purchases and Sales
a.The city manager, subject to any regulations which the council may adopt, shall contract for
and purchase, or issue purchase authorizations for, all supplies, materials, and equipment for the offices,
departments, and agencies of the city government. Every such contract or purchase exceeding an amount
to be established by ordinance, shall require the prior approval of the council. The city manager also may
transfer to or between offices, departments, and agencies, or sell, surplus or obsolete supplies, materials,
and equipment, subject to such regulations as the council may adopt.
b.Before the purchase of, or contract for, any supplies, materials, or equipment, or the sale of
any surplus or obsolete supplies, materials, or equipment, ample opportunity for competitive bidding,
under such regulations and with such exceptions as the council may prescribe, shall be given; but the
council shall not except an individual contract, purchase, or sale from the requirement of competitive
bidding.
c.The council by ordinance may transfer some or all of the power granted to the city manager
by this section to an administrative officer subordinate to the city manager.
Section 4-3Sale of Property Valued at More Than $250,000
The sale of any city property, real or personal, including public utilities, or of any interest therein,
the value of which is more than $250,000 may be made only (1) by authority of an affirmative vote of a
majority of the qualified electors of the city who vote on the question of approving or authorizing the sale
at an election, or (2) by authority of a special non-emergency ordinance. Such ordinance shall be
published in full in a newspaper of general circulation within the city within ten days after its passage,
and shall include a section reading substantially as follows: "Section --. This ordinance shall be referred
to a vote of the electors of the city if a sufficient and lawful referendum petition is properly filed within
thirty days after its passage; otherwise it shall go into effect thirty days after its passage." The sale of an
entire public utility may be authorized only as provided in (1) hereinabove.
Section 4-4Public Improvements
Public improvements may be made by the city government itself or by contract. The council shall
award all contracts for suchimprovements; provided that the council may authorize the city manager to
award such contracts not exceeding an amount to be determined by the council and subject to such
regulations as the council may prescribe. A contract for public improvements may beawarded only to the
lowest and best responsible bidder after such notice and opportunity for competitive bidding as the
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council may prescribeand in compliance with the Oklahoma Public Competitive Bidding Act of 1974.
All bids may be rejected, and further notice and opportunity for competitive bidding may be given.
Section 4-5Fiscal Year
The fiscal year of the city government shall begin on the first day of July and shall end on the last
day of June of every calendar year.
Section 4-6Independent Annual Audit
The council shall designate a certified public accountant or accountants who shall make an
independent audit of the accounts and evidences of financial transactions of the department of finance and
of all other departments, offices and agencieskeeping separate or subordinate accounts or making
financial transactions, as of the end of every fiscal year at least, and who shall report to the council and to
the city manager.
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ARTICLE 5
MUNICIPAL COURT
Section 5-1Municipal Court
Cases arising out of violations of the charter and ordinances of the city shall be tried by the existing
municipal court created by state law or a lawful successor of such court created by state law; provided,
that the council by ordinance shall have power to create a municipal court to hear and determine such
cases if and when it deem it necessary or desirable to do so.
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ARTICLE 6
ELECTIONS
Section 6-1Nomination and Election; Terms; Nonpartisan Elections; Etc.
a.At the elections in 1973 and in every third year thereafter, the councilorfrom Ward One and
the councilorfrom Ward Two shall be elected for terms of three years.
b.At the elections in 1973, the councilorfrom Ward Three and the councilorfrom Ward Four
shall be elected for terms of two years. At the elections in 1975 and in every third year thereafter, the
councilorfrom Ward Three and the councilorfrom Ward Four shall be elected for terms of three years.
c.At the elections in 1973, the councilorfrom Ward Five shall be elected for a term of one year.
At the elections in 1974 and in every third year thereafter, the councilorfrom Ward Five shall be elected
for a term of three years.
d.The councilorsshall serve for the terms indicated, and until their respective successors are
elected and qualify. Their terms shall begin on the first meetingin May in the year in which they are
elected. If a councilor-elect fails to qualify within one month after the beginning of theterm, suchoffice
shall become vacant, and the vacancy shall be filled as other vacancies in the council are filled.
e.All candidates for councilorshall be nominated, and all councilorsshall be elected, at large,
by the qualified electors of the entire city, although they must reside in the respective wards from which
they are candidates.
f.Both theprimary and the general election shall be nonpartisan, and no party designation or
emblem shall be placed on the ballots.
g.Nothing in this Charter shall prohibit the use of voting machines.
Section 6-2Wards: Number; Equal, Etc.
a.There shall be five wards, which shall be numbered from one to five.
b.The wards shall be formed of compact, contiguous territory, and shall be substantially equal
in population.
c.At intervals of not more than five years, the council shall review the wards and their
boundaries and, if necessary, shall revise them to achieve and maintain such substantial equality in
population among the wards.
Section 6-3Primary Election: Filing
Any person qualified for the office for which theyarefiling may have theirname placed on the
ballot for the primary election as a candidate for councilorfrom theirward by filing, on the first Monday,
Tuesday, or Wednesday of February, unless any such day or days be a legal holiday or a day wherein the
office of the secretary of the county election board is lawfully closed, whereupon such time shall be
extended commensurate with the legal holiday or lawful closing, with the secretary of the county election
board, a sworn statement of theircandidacy.
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Section 6-4Primary Election: Time, Etc.
A primary election shall be held on the first Tuesday in March of every year to nominate candidates
for councilorto succeed those whose terms are expiring in the respective year. If only one person is a
candidate for an office to be filled, theyshall be notonly nominated, but also elected ipso facto; and their
name shall not appear on the primary or general election ballot. Every qualified elector of the city shall
be entitled to vote for one candidate for each office to be filled.
Section 6-5Primary Election: Who Nominated or Elected
In a primary election, the two candidates for each office to be filled receiving the greatest number
of votes for that office, shall be nominated. If one of the candidates for an office receives a majority of all
votes cast for all candidates for that office, theyalone shall be not only nominated, but also elected ipso
facto; and theirname shall not appear on the ballot for the general election. In case of failure to nominate
because of a tie, the nominee or nominees (as the case may be) shall be determined from among those
tying, fairly by lot, by the county election board in a public meeting. If one of the two candidates for an
office nominated in a primary election dies or withdraws before the general election, the remaining
candidate shall be elected ipso facto; and theirname need not appear on the ballot for the general election.
Section 6-6General Election: Time, Who Elected
A general election shall be held in the city on the first Tuesday in April every year to elect the
councilorto succeed those whose terms are expiring in the respective year. Every qualified elector of the
city may vote for one of the two candidates for an office to be filled, but may not vote for any other
person. The candidate for each office receiving the greater number of votes shall be elected. In case of
failure to elect because of a tie, the election shall be determined from among those tying, fairly by lot, by
the county election board in a public meeting.
Section 6-7Registered Qualified Electors
The term qualified elector as used in this Charter means a person who has the qualifications
prescribed for electors by the state constitution and law, and who is registered as may be required by law.
Section 6-8Elections: When Not Held
If there are no candidates and no questions to be voted upon at a primary or general election, the
election shall not be held.
Section 6-9Political Activity of Officers and Employees
No city councilor or officer or employee of the city shall directly or indirectly solicit, coerce or
attempt to coerce any employee to participate in or to refrain from participation in the nomination,
election, or defeat of any candidate for city councilor, or the recall of any city councilor; but this shall not
prohibit the ordinary exercise of one’s right to express opinions and to vote.
Section 6-10State Constitution and Law to Govern
The provisions of the state constitution and law applicable to city elections shall govern such
elections in this city insofar as they are applicable and are not superseded by this Charter or by ordinance.
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ARTICLE 7
RECALL
In addition to the circumstances hereinbefore mentioned terminating the term of office of a
councilor, any cause specified by applicable state law for the removal of officers, and by the method or
methods prescribed thereby.
Section 7-1Recall Authorized
Any councilormay be recalled from office by the electors qualified to vote for the election of a
successor to the incumbent, in the manner provided in this article.
Section 7-2Recall Petition
a.To initiate recall proceedings, a written statement proposing the recall of a councilorshall be
signed by twenty or more registered qualified electors of the city, and shall be filed with the city clerk
afterthe incumbent has held the office at least four months. The statement shall also contain the reason or
reasons for which the recall is sought, in not more than two hundred words. Within five days, the city
clerk shall mail a copy of such statement by registered, certified, or similar special mail to the officer at
theirresidential address. Within ten days after the statement is mailed to the officer, the officer may make
and file with the city clerk a written statement in duplicate justifying theirconduct in office, in not more
than two hundred words; and the city clerk on request shall deliver one copy to one of the persons filing
the statement proposing the recall.
b.The petition for recall shall include a demand that a successor to the incumbent sought to be
recalled be elected, and shall also include before the space where the signatures are to be written the
statement giving the reason or reasons for recall under the heading "STATEMENT FOR RECALL", and
if the officer has filed a statement as authorized, the statement justifying theconduct in office under the
heading "STATEMENT AGAINST RECALL". The two statements shall be in letters of the same size.
A copy of the petition shall be filed with the city clerk within one month after recall proceedingsare
initiated by the filing of the first statement, and before the petition is circulated.
c.A number of registered qualified electors of the city,equal at least to twenty percent (20%) of
the total number of votes cast for governor in the city at the last general state election at which a governor
was elected, must sign the petition. Each signer shall write after theirname,theiraddress within the city,
giving street or avenue and number, if any. Not more than one hundred signatures may appear on a single
copy of the petition. Petitions may be circulated only be registered qualified electors of the city; and the
person who circulates each copy of the petition shall sign an affidavit on the copy stating that each signer
signed the petition in theirpresence, that each signature on the petition is genuine, and that theybelieve
each signer to be a registered qualified elector of the city.
d.The circulated petition shall be filed with the city clerk not later than one month after the
filing of a copy as provided above. Within one month after date of filing of the circulated petition, the
city clerk shall examine it and ascertain whether it has been prepared and circulated as required, and
whether the required number of registered qualified electors of the city have signed it. Theyshall then
attach acertificate to the petition. If the certificate states that the petition has not been prepared and
circulated as required and/or lacks a sufficient number of signatures, the petition shall have no effect.
But, if the city clerk's certificate states that the petition has been prepared and circulated as required and
has a sufficient number of signatures, theyshall submit the petition and certificate to the council at its
next meeting.
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Section 7-3Recall Election: Council to Order
a.The council, by resolution or ordinance passed within one month after receiving the petition
and certificate of the city clerk, shall order and fix the date for a recall election, which shall be held not
less than forty days, nor more than fifty days, after passage of the resolution or ordinance. The city clerk
shall cause the resolution or ordinance ordering the election to be published in full in a newspaper of
general circulation within the city within ten days after its passage;and such publication shall be
sufficient notice of the election.
b.The qualified electors of the city may vote in a recall election on the election of successors to
more than one officer on the same day.
Section 7-4Same: How Held
a.The recall election shall be an election to fill the office held by the incumbent sought to be
recalled. There shall be no primary. Any qualified person, including the incumbent, may file as a
candidate for the office. The candidate receiving the greatest number of votes inthe recall election shall
be elected. If a candidate other than the incumbent is elected, the incumbent shall be recalled from office
effective as of the time when the result of the election is certified. The successful candidate must qualify
within onemonth thereafter; and if fails to do so, the office shall be vacant, and the vacancy shall be filled
as other vacancies in the council are filled. A candidate thus elected and qualifying shall serve for the
unexpired term. If the incumbent is a candidate and receives the greatest number of votes, theyshall
continue in office without interruption, and recall proceedings may not again be initiated against them
within one year after the election.
b.The provisions of this Charter relating to city elections shall also govern recall elections
insofar as they are applicable and are not superseded by the provisions of this article.
Section 7-5Person Recalled or Resigning
A person who has been recalled from an office, or who has resigned from such office while recall
proceedings were pending against them, may not hold any office or position of employment in this city
government within three years after theirrecall or resignation.
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ARTICLE 8
OFFICERS AND EMPLOYEES GENERALLY
Section 8-1Merit System Created:Appointments, Removals, Etc.; Personnel Rules
A merit system is hereby established for personnel in the city service. Appointments and
promotions in the service of the city shall be made solely on the basis of merit and fitness; and removals,
demotions, suspensions, and layoffs shall be made solely for the good of the service. The council,
consistently with this Charter, by ordinance or personnel rules, may regulate personnel matters and
provide for proper personnel administration.
Section 8-2Personnel Board Created
a.There shall be a personnel board consisting of three members appointed by the council for
overlapping three-year terms. The term of one member shall begin July 1 in every year. The council
shall appoint the original members so that the term of one will expire at that time in each of the first three
succeeding years. A member may not hold any other office or position of employment in the city
government. The council, by a vote of a majority of all its members, after adequate opportunity for a
public hearing, may remove a member for the good of the service; and the vote shall be by yeas and nays
and shall be entered in the journal. The council shall fill vacancies for the unexpired terms. Members
shall serve without compensation unless the council provides otherwise.
b.At the time prescribed for the beginning of the term of a newly appointed member or as soon
thereafter as practicable, the board shall elect a chair, a vice chair, and a secretary; and the secretary need
not be a member of the board. The board shall determine the time and place of its regular meetings, and
the chairor two members may call special meetings.
c.The personnel board shall have power to subpoena officers and employees of the city and
other persons to testify and to produce documents and other effects as evidence.
Section 8-3Classified and Unclassified Services
a.All officers and employees of the city shall be divided into the classified and the unclassified
service.
b.The following shall constitute the unclassified service:
(1)The mayor and other councilors, the municipal judge or judges, and the city clerk.
(2)The city manager, one assistant city manager, if any, the principal secretary to the city
manager, if any, and the city attorney.
(3)Members and secretary of each board, commission, or other plural authority.
(4)All personnel who serve without compensation.
(5)All temporary and all part-time officers and employees, except those whom the council
may place in the classified service or by ordinance or personnel rules.
(6)Not to exceed ten additional officers and/or employees whom the council may place in
the unclassified service by ordinance or personnel rules after the city reaches a population of 25,000.
As approved by voters 3/3/2015
C-18
c.All other officers and employees shall be in the classified service.
d.Nothing herein shall prohibit including unclassified personnel in the classification plan for
pay purposes.
Section 8-4Removal, Etc.; Hearing Before the Personnel Board
a.The city manager or any other authority who lays off, suspends without pay for more than ten
(10) days, demotes, or removes any officer or employee in the classified service after a probationary
period of six months, shall, at that time or within two days thereafter, deliver, or have delivered, or mail
by registered, certified, or similar special mail, to the officer or employee a written statement of the
reason or reasons for the layoff, suspension, demotion, or removal.
b.Such officer or employee may appeal in writing to the personnel board. The appeal must be
filed with the secretary of the board, or with the city clerk for transmittal to the board, within ten days
after receipt of notice of the layoff, suspension, demotion, or removal.
c.As soon as practicable thereafter, the board shall hold a public hearing on the appeal, or give
an adequate opportunity therefore, and shall report in writing its findings and recommendations, in cases
or subordinates of the city manager, to the city manager, and in other cases to the respective authorities
having power of removal. The city manager or other authority having power of removal shall then make
a final decision in writing regarding the appellant's layoff, suspension, demotion, or removal, as the case
may be; provided that, if the board finds that the layoff, suspension, demotion, or removal was made for a
political reason or reasons or for any other reason or reasons than the good of the service, it shall veto the
layoff, suspension, demotion, or removal, and the action by the city manager or other authority shall be
nullified thereby.
Section 8-5Qualifications of Officers and Employees
Officers and employees of the city shall have the qualifications prescribed by this Charter and such
additional qualification as the council may prescribe; but the council shall not prescribe additional
qualifications for councilmembers.
Section 8-6Nepotism
Neither the city manager, the council, nor any other authority of the city government, may appoint
or elect any person related to any councilor, to the city manager, or to themselves, or, in the case of a
plural authority, to one of its members, by affinity or consanguinity within the third degree, to any office
or position of profit in the city government; but this shall not prohibit an officer or employee already in
the service of the city from continuing and being promoted therein.
As approved by voters 3/3/2015
C-19
Section 8-7Holding More Than One Office
Except as may be otherwise provided by this Charter or by ordinance, the same person may hold
more than one office in the city government. The city manager may hold more thanone such office,
through appointment by themself, by the council, or by other city authority having power to fill the
particular office, subject to any regulations which the council may make by ordinance; but theymay not
receive compensation for service in such other offices. Also the council by ordinance may provide that
the city manager shall hold ex officio designated offices subordinate to the city manager as well as other
designated compatible city officer, not withstanding any other provision of this Charter.
Section 8-8Bonds of Officers and Employees
The city manager, the city treasurer, and such other officers and employees as the council may
designate, before entering upon their duties shall provide bonds for the faithful performance of their
respective duties, payable to the city, in such form and in such amounts as the council may prescribe, with
a surety company authorized to operate within the state. The city shall pay the premiums on such bonds.
Section 8-9Oath or Affirmation of Office
Every officer of the city, before entering upon the duties of the office, shall take and subscribe to
the oath or affirmation of office prescribed by the state constitution. The oath or affirmation shall be filed
in the city clerk's office.
Section 8-10Who May Administer Oaths and Affirmations
All officers authorized by federal or state law, the mayor, the city manager, the city clerk, the
municipal judge or judges, and such other officers as the council may authorize, may administer oaths and
affirmations in any matter pertaining to the affairs and government of the city.
Section 8-11Removal, Etc.of Officers and Employees
The power to lay off, suspend, demote, and remove accompanies the power to appoint or elect; and
the city manager, the council, or other appointing or electing authority at any time may lay off, suspend,
demote, or remove any officer or employee to whom they, the council, or the other appointing or electing
authority respectively may appoint or elect a successor.
Section 8-12Acting Officers and Employees
The appointing or electing authority who may appoint or elect the successor of an officer or
employee, may appoint or elect a person to act during the temporary absence, disability, or suspension of
such officer or employee,or, in case of a vacancy, until a successor is appointed or elected and qualified,
unless the council provides by general ordinance that a particular superior or subordinate of such officer
or employee shall act. The council by general ordinance may provide for a deputy to act in such case.
Section 8-13Officers to Continue Until Successors are Elected or Appointed and Qualify
Every officer who is elected or appointed for a term ending at a definite time, shall continue to
serve thereafter until asuccessor is elected or appointed and qualifies unless suchservices are sooner
terminated by resignation, removal, disqualification, death, abolition of the office, or other legal manner.
As approved by voters 3/3/2015
C-20
Section 8-14Conflict of Interests
a.Neither the mayor, any other councilmember, nor the city manager shall sell or barter
anything to the city or to a contractor to be supplied to the city; or make any contract with the city; or
purchase anything from the city other than those things which the city offers generally to thepublic. Any
such officer violating this section, upon conviction thereof, shall thereby forfeit their office. Any
violation of this section, with the knowledge, express or implied, of the person or corporation contracting
with the city, shall render thecontract voidable by the city manager or the council. This subsection shall
not apply in cases in which the city acquires property by condemnation.
b.The council by ordinance or personnel rules may further regulate conflict of interests and
ethics of officers and employees of the city.
Section 8-15Recalled by election 3/3/2015
As approved by voters 3/3/2015
C-21
ARTICLE 9
AMENDMENT AND SEPARABILITY OF CHARTER
Section 9-1Amendment: Proposal, Ratification, Approval
This Charter may be amended by proposals thereforesubmitted by the council, or by the mayor
upon initiative petition of the electors as provided by the state constitution, at a general or special
election, ratified by a majority of the qualified electors voting thereon, and approved by the governor as
provided by the state constitution. If more than one amendment is proposed, all of them except those
which are so interrelated that they should be ratified or rejected together, shall be submitted in such
manner that the electors may vote on them separately. A proposition to amend this Charter may be either
in the form of a proposed amendment to a part or parts of the charter or of a proposed new charter.
Section 9-2Separability
a.If a court of competent jurisdiction holds any section or part of this Charter invalid, such
holding shall not affect the remainder of this Charter nor the context in which such section or part so
held invalid may appear, except to the extent than an entire section or part may be inseparably connected
in meaning and effect with that section or part.
b.If a court of competent jurisdiction holds a part of this Charter invalid, or if a change in the
state constitution or law renders a part of this Charter invalid or inapplicable, the council by ordinance
may take such appropriate action as will enable the city government to function properly.
As approved by voters 3/3/2015
C-22
ARTICLE 10
SUCCESSION IN GOVERNMENT
Section 10-1When Charter Goes Into Effect
This Charter shall go into effect immediately upon its ratification by a vote of a majority of the
qualified electors of the town voting upon the question at an election and its approval by the Governor as
provided by the State Constitution, and the government created by this Charter shall supersede the
heretofore existing town government as of that time.
Section 10-2Officers and Employees to Continue
When this Charter goes into effect, the trustees under the town government shall become councilors
from their respective wards, and shall continue in office until their terms expire. The chairof the board of
trustees, the town treasurer, the town clerk, and the town marshal shall become respectively mayor, city
treasurer, city clerk, and chief of police under this Charter. All other officers and employees under the
town government (including members of all boards and commissions) shall continue in their respective
offices and positions of employment under this Charter.
Section 10-3Ordinances Continued
All ordinances, insofar as they are not inconsistent with this Charter, shall continue in effect until
they are repealed or untilthey expire by their own limitations.
Section 10-4Pending Actions and Proceedings
The adoption of this Charter shall not abate or otherwise affect any action or proceeding, civil or
criminal, pending when it takes effect, brought by or against the municipality or any office, department,
agency or officer thereof.
Section 10-5Powers and Duties of the City Manager
Notwithstanding any other provisions of this Charter, during the interim between the going into
effect of this Charter and the appointmentof the first city manager, the city council shall have the duties
and may exercise the powers of the city manager.
As approved by voters 3/3/2015
C-23