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Charter Review Committee |
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Non-Interference
Clauses Section 607.
NON-INTERFERENCE WITH ADMINISTRATIVE SERVICE. Except as otherwise provided in this Charter, neither the
Council nor any of its members shall interfere with the execution by the
City Manager of his or her powers and duties, or order, directly or
indirectly, the appointment by the City Manager, or by any of the
department heads in the administrative service of the City, of any
person to any office or employment, or his or her removal therefrom.
Except for the purpose of inquiry, the City Council and its
members shall deal with the administrative service under the
jurisdiction of the City Manager solely through the city Manager, and
neither the City Council nor any member thereof shall give orders to any
subordinate of the City Manager, either publicly or privately.
(Amended Section
61. INTERFERENCE WITH OR BY CITY MANAGER. The
members of the Council shall not, nor shall any of them, either directly
or indirectly, exact from any candidate for the position of City Manager
any promise or assurance, or in anywise intimate or suggest to such
candidate, that such candidate shall, if appointed as City Manager,
appoint or employ, or that it is in anywise expected the candidate will
appoint or employ, any person who has been or may be discussed,
mentioned, referred to, approved, or in anywise suggested by any member
of the Council or other person, as being fit or qualified to have or
hold any position in, or do any work for, the City.
Nor shall the members or any member of the Council in anywise,
either directly or indirectly, by suggestion or otherwise, coerce or
bring any pressure to bear upon the City Manager, either to appoint any
particular person or persons or class of persons to any position that is
or may be vacant, or to give employment of any kind to any such persons,
or to discharge any person holding any position or doing any work under
the City Manager; or to make any purchase of supplies from any
particular person, firm or corporation. The
prohibition herein contained shall not be construed to mean that any
member of the Council, or other person, shall in anywise be prohibited
from informing the City Manager as to any fact known to such person
which might assist the City Manager in appointing or employing
competent, fit, and proper persons, or discharging any incompetent or
unfit person previously appointed or employed, or to prohibit the giving
of any information which might be of benefit to the City Manager in
making an advantageous purchase of materials and supplies. Section
406. INTERFERENCE IN
ADMINISTRATIVE SERVICE. Neither
the City Council nor any of its members shall interfere with the
execution by the City Manager of his powers and duties, or order,
directly or indirectly, the appointment by the City Manager or by any of
the department heads in administrative service of the City, or any
person to an office or employments or his removal therefrom.
Except for the purpose of inquiry, the City Council and its
members shall deal with the administrative service under the City
Manager solely through the City Manager and neither the City Council nor
any member thereof shall give orders to any subordinate of the City
Manager, either publicly or privately. Section
701. NON-INTERFERENCE BY
CITY COUNCIL. Neither
the City Council, nor any Council Member shall: (a)
Order or
direct the City Manager to appoint or remove any person to or from any
position of employment with the City; (b)
Except as
otherwise permitted by this Charter or by ordinance, order or direct the
City Manager to enter into a municipal contract or make a purchase of
supplies from any particular person or entity; (c)
Interfere
in any way with the performance of the duties of any City employee; or (d)
Interfere
in any way with the duties of the City's elections official in the
conduct of elections. Nothing
in this section shall prevent the City Council, or any of its members,
from advising the City Manager of any information which might assist the
City Manager in the discharge of the City Manager's duties; or
contacting City employees for the purpose of inquiry, obtaining
information or advising employees of citizen complaints. None Section
307. NON-INTERFERENCE WITH ADMINISTRATION. Except as otherwise provided in this Charter, no
member of the City Council shall order, directly or indirectly, the
appointment by the City Administrator, or by any of the department heads
in administrative service of the City, of any person to any office or
employment, or removal therefrom. Except for the purpose of
investigation and inquiry, the members of the City Council shall deal
with the administrative service under the jurisdiction of the City
Administrator solely through the City Administrator, and no member of
the City Council shall give orders to any subordinate of the City
Administrator, either publicly or privately. None Section
208. CITY COUNCIL'S AUTHORITY OVER CITY EMPLOYEES. Neither the City Council, nor any of its committees or
members shall dictate or attempt to dictate, either directly or
indirectly, the appointment of any person to office or employment by the
City Manager, or in any manner interfere with or prevent the City
Manager, from exercising judgment in the appointment of officers and
employees in the administrative service.
Except for the purpose of inquiry, the City Council, its members
and employees of the Legislative Department shall deal with the
administrative service solely through the City Manager, and neither the
City Council, its members and employees of the Legislative Department
shall give orders to any of the subordinates of the City Manager, either
publicly or privately. Section
411. PROHIBITIONS. (Except purposes of inquiry, the Mayor, the City Council and
its members shall deal with the administrative service under the City
Manager solely through the City Manager, and neither the Mayor, the City
Council nor its members shall attempt to influence or to direct any
subordinates of the City Manager. (Sec. 411 amended by vote of the
people 11-3-1998: Sec. 411 amended by vote of the people 3-9-1993.) Section 408.
INTERFERENCE IN ADMINISTRATIVE MATTERS. Except for the purpose of inquiry, the city council and its
members shall deal with the administrative branch of the city government
solely through the city manager or his designated deputy, and neither
the city council nor any member thereof shall give orders to any
subordinates of the city manager, either publicly or privately. Neither
the city council nor any of its members shall direct or request the
appointment of any person to, or his removal from, an office by the city
manager or by any of his subordinates, or in any manner take part in the
appointment or removal of officers and employees in the administrative
branch of the city government, except as specifically provided in this
charter. Section 610. INTERFERENCE IN ADMINISTRATIVE
SERVICE. Neither the City Council nor any of its members
shall order or request directly or indirectly the appointment of any
person to an office or employment or the removal of any person therefrom,
by the City Manager, or by any of the department heads in the
administrative service of the City.
Except for the purpose of inquiry, the City Council and its
members shall deal with the administrative service under the City
Manager solely through the City Manager and neither the City Council nor
any member shall give orders to any subordinates of the City Manager,
either publicly or privately. Section 921. NONINTERFERENCE BY CITY COUNCIL WITH POWERS AND
DUTIES OF CITY MANAGER. Neither the City Council nor any member thereof, shall in any
manner, direct or request the City Manager to appoint or remove any
person to and/or from any office or position of employment of the City.
Neither the City Council nor any member thereof shall give orders or
instructions publicly or privately, to any person under the jurisdiction
of the City Manager. No member of the City Council shall undertake to
coerce the City Manager in respect to any of his duties and/or any
municipal contract, and/or in connection with the purchase of any
municipal supplies. Section 709. INTERFERENCE
IN ADMINISTRATION. Except
as otherwise provided in this Charter, no individual member of the
Council shall interfere with the execution by the City Manager of his
powers and duties; or, directly or indirectly, by suggestion or
otherwise, attempt to influence or coerce the City Manager or any of his
subordinates in the making of any appointment or removal, or the
purchase of supplies, or attempt to exact any promise relative to any
appointment from any candidate for City Manager, or discuss directly or
indirectly with any such candidate the matter of appointments to any
City office or employments, provided however, that the above shall not
be construed as prohibiting
the Council, while in session, discussing with or suggesting to the City
Manager, fully and freely, anything pertaining to the aforementioned
matters. Except
for the purpose of inquiries, investigations or independent management
audits as such may be authorized from time to time by the Council, the
Council and its members shall deal with the City officers and employees
who are subject to the direction and supervision of the Manager solely
through the Manager, and neither the Council nor any Councilmember shall
give orders to any such officer or employee, either publicly or
privately. Any
violation of this section may work a forfeiture of the office of the
offending member of the Council, who may be removed therefrom by the
Council or by any court of competent jurisdiction. Section 2.05.c Interference
with Administration Except for the purpose of inquiries, and investigations under
§ 2.09, the council or its members shall deal with city officers and
employees who are subject to the direction and supervisions of the city
manager solely through the city manager, and neither the council nor its
members shall give orders to any such officer or employee, either
publicly or privately. |