City Council Study Session Agenda and Packet 2019 11 12

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demand a written statement of the reasons for his or her removal and an opportunity to be heard at a public meeting prior to a final vote by the council. In the case of absence of disability of the city manager, the city council may designate some qualified person to act as city manager during such time.91 In the process of choosing a city manager, the city council may wish to consider the applicants' experience, education (including specialized public administration training and degrees), and adaptability to the city's organization and operational environment. The city manager is the chief administrative officer of the city98 and is responsible directly to the city council for the performance of his or her duties.99 Exclusive authority to appoint and remove all officers and employees — except the city attorney, judge, mayor, and mayor pro tem — is vested in the manager. The manger's appointments are all of indefinite duration and terminable for cause. The manager's decisions to appoint must be based on the ability, training, and experience of the applicants.100 Additionally, it is the duty of the city manager to present an "administration plan" to the council within 60 days of his or her appointment, which shall include an "administrative organization" for the city and which may be adopted in part or in whole by the council.101 In the council—manager form of city government, the city manager is required to act as the chief conservator of the peace, supervise the administration of city affairs, ensure the enforcement of ordinances and laws, make recommendations to the council, advise the council of the fiscal state of the city, prepare and submit the annual budget, prepare reports and monthly statements, and perform other such duties as directed by statute or the counci1.102 The manager also is entitled to sit on the council as a full but nonvoting participant, and is entitled to take part in the discussion of all matters coming before the city council.101 The city council and its members must deal solely with the city manager for all aspects of administration for which the manager is responsible. The council may not direct, request, or otherwise influence, the appointment or dismissal of any officer or employee under the direction and control of the city manager. The council also may not give orders, either publicly or privately, to any officer or employee under the manager's direction and control."' Indeed, the statutes specifically dictate that the council is "not to interfere" with any of the manager's administrative duties, and that any such meddling may constitute punishable misconduct.105 It is important that the manager be given a reasonable amount of freedom to carry out the city administration under guidelines furnished by the council. These guidelines usually take the form of budget considerations, creation or dissolution of departments, approval of personnel positions and wages, and such ordinances or resolutions as required by law to implement the function of government.101 Councils may find it tempting to pass ordinances and resolutions dealing with minor administrative matters intended to serve as "guidelines" for a manager. In doing so, however, the roles and responsibilities of the manager and the council become blurred, undermining the very foundation of the council-manager from of government. Remarkably, the statutes do not similarly address the role and responsibilities of a town administrator as they do the role of the city manager. The town board has clear authority to include many, if not all, statutory provisions applicable to city managers in the ordinance appointing a town administrator.101 97 C.R.S. § 31-4-210. 98 C.R.S. § 31-4-210. 99 C.R.S.§ 31-4-211. 100 C.R.S. § 31-4-211. 101 C.R.S. § 31-4-215. 102 C.R.S. § 31-4-213. 103 C.R.S. § 31-4-214. 104 C.R.S. § 31-4-212. 105 C.R.S. § 31-4-212. 106 See generally, C.R.S. § 31-4-215. 107 C.R.S. § 31-4-304. Heather Balser / City of Louisville Order #azzov CQr 3NN Xb&� UNICIPAL LEAGUE 11 opyright by C