§ 2-356. City administrator.

(a)

City administrator—Office created; appointment. There is hereby created the office of the city administrator. The city council is hereby authorized to employ a city administrator. Such city administrator shall be appointed by a majority vote of the city council.

(b)

Bond. The city administrator shall furnish a bond in such amount and with such surety as may be approved by the city council; such bond shall be conditioned upon the faithful performance of his or her duties. The cost of the bond shall be paid by the city. The bond of the city administrator may be part of a blanket bond.

(c)

Compensation. The city administrator shall receive such compensation as the city council shall, from time to time, establish. The city council shall enter into an employment agreement which specifies in writing provisions, including but not limited to, establishing the level of compensation of the city administrator, specifying benefits including levels of support for the city administrator's continuing professional education and association activities, determining separation pay upon termination of the city administrator's employment, the terms of the city administrator's employment, and defining such other conditions of employment as the city council may deem necessary.

(d)

Chief administrative officer. The city administrator shall be the chief administrative officer of the City of Effingham, Illinois, and shall be responsible to the mayor and city council for the proper administration of the affairs of the city and policies adopted by the mayor and city council. Except as limited by applicable law, the city administrator shall be the supervisor of all city employees, including all department directors who shall report directly to the city administrator.

(e)

Acting city administrator. Whenever the city administrator is absent from the city for personal reasons, or on account of city business, or is otherwise unable to perform the duties and responsibilities of the city administrator due to short term illness or disability, the city administrator shall appoint an acting city administrator, whose office shall be temporary and who shall serve only until such time as the city administrator is able to resume the duties of his office.

(f)

Appointment power. All employees, as are necessary to the proper functioning of the city, shall be appointed by the city administrator, except that the director of public works, economic development director, director of the convention and visitors bureau, chief of the city fire department, chief of the city police department, city clerk, city treasurer, accounting administrator, emergency management coordinator, city engineer, city building official, city plumbing inspector, public works operation manager, communication manager, city attorney, and special attorney(s) shall be appointed by the mayor, with the advice and consent of the city council; provided further, that the city administrator may not appoint those city officers who are by applicable law required to be appointed by the mayor and/or city council or those employees who are by applicable law required to be appointed by the city board of fire and police commission.

(g)

Powers and duties of city administrator. The city administrator shall have the following powers and duties:

(1)

Provide for the enforcement of all laws and ordinances within the city.

(2)

Create the agenda for and attend all meetings of the city council and other official city boards and commissions as directed by the city council. Attend all meetings of the city council except those from which the city council determined that attendance is not required because of a conflict or other reason. The city administrator may have the right to take part in the discussion of all matters coming before the city council or other city boards and commissions, if authorized and requested by the mayor, but shall have no right to vote. The city administrator shall be entitled to notice of all special and regular meetings of the city council.

(3)

Recommend to the city council such measures as, in his or her judgment, he or she deems to be in the best interest of the city.

(4)

Appoint all employees, as are necessary to the proper functioning of the city, except that the director of the department of public works, economic development director, director of convention and visitors bureau, chief of the city fire department, chief of the city police department, city clerk, city treasurer, accounting administrator, emergency management coordinator, city engineer, city building official, city plumbing inspector, public works operation manager, communication manager, city attorney, and special attorney(s) shall be appointed by the mayor, with the advice and consent of the city council; provided further that the city administrator may not appoint those city officers who are by applicable law required to be appointed by the mayor and/or city council or those employees who are by applicable law required to be appointed by the city board of fire and police commission.

(5)

Discipline and/or suspend any and all employees in compliance with the City of Effingham Personnel Policies and Procedures Manual, as amended, except when otherwise provided by law or contract, including, but not limited to those employees who are by applicable law required to be disciplined or suspended by the city board of fire and police commission. To the extent permitted by law and subject to the city administrator's discretion and direct supervision, the city administrator may delegate to any employee any of these powers with respect to any subordinates of that employee.

(6)

Notify the mayor and city council of the resignation of any full time employee(s) and the reason for such resignation.

(7)

Propose to the mayor and city council such personnel rules and regulations as the city administrator deems necessary to manage the personnel of the city. These rules may cover procedures and policies to govern the following:

a.

The administration of the position description, classification, and pay plans;

b.

Recruitment, selection, promotion, evaluation, transfer, discipline, and separation of city personnel;

c.

Establishment of hours or work, attendance, leave regulations and working conditions;

d.

Rules covering outside employment, nepotism, and political activity of city personnel;

e.

Maintenance and use of necessary records and forms; and

f.

System of handling all grievances.

(8)

Supervise and administer the conduct of all collective bargaining processes of the city and recommend to the city council collective bargaining agreements for consideration and approval by the city council, and administer all employee organization contracts reached through collective bargaining process.

(9)

Direct, supervise, and coordinate the activities of all departments, offices, and agencies of the city, except as otherwise provided by law, and to administer the affairs of the city to ensure that all city business is accomplished efficiently and economically.

(10)

Recommend to the city council the creating, consolidating, and combining of offices, positions, departments or units of the administrative and executive departments of the city.

(11)

Investigate all complaints in relation to matters concerning the administration of the government of the city and services maintained by the public utilities of the city, and see that all franchises, permits and privileges granted by the city are faithfully observed. Furthermore, the city administrator shall keep the mayor and city council informed of the status of such investigations.

(12)

Sign on behalf of the city any contract authorized by the city council, except where the city council or state statutes direct that some other officer shall do so. It shall be the duty of the city administrator to ensure that all franchises granted by and all contracts with the city are faithfully kept and performed by all parties hereto.

(13)

Issue all licenses and permits, except where applicable law or city ordinance directs that some other officer shall do so.

(14)

Keep a current inventory of all real and personal property of the city and location of such property. The city administrator shall be responsible for the care and custody of all city property which is not assigned to some other officer or body for care and control.

(15)

Prepare and submit to the mayor and city council by the date set by the council, a recommended annual budget for city operations and recommended capital programs and administer the approved budget after adoption.

(16)

Supervise and administer the procurement of commodities and services for all city departments, offices, and agencies, and promulgate purchasing rules implementing city ordinances and which are consistent with state law, which shall be followed by employees in the procurement of goods and services.

(17)

Report to the city council, on not less than a quarterly basis, the financial condition of the city.

(18)

Submit to the mayor and city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year.

(19)

Represent the city in its dealings with other governmental agencies and officials, businesses, not-for-profit organizations, residents, and the general public as necessary.

(20)

Cause to be prepared grant and/or loan applications on behalf of the city; administer grant and/or loan funds and shall have caused the preparation of relevant reports to the city council and all appropriate agencies.

(21)

Evaluate city projects, programs, agreements and services and make recommendations or modifications and improvements thereto.

(22)

Direct, supervise, and coordinate the development and periodic update of the official city website, and cause those documents and/or information to be posted on the website as may be required by the city council.

(23)

Devote his or her entire time to the discharge of his or her official duties.

(24)

The city administrator shall perform such other duties as may be required by the city council consistent with state statutes and the ordinances of the city.

(25)

Hold such other appointive offices as may be consistent with law, as the mayor and city council may determine, and to faithfully and honestly discharge the duties and powers associated with such office.

The powers assigned to the city council are not intended to diminish those powers otherwise assigned to other officers by statute or ordinance, including, but not limited to, the mayor.

(h)

Matters directed to city administrator's attention. All offices and departments shall submit all matters requiring city council action or attention to the city administrator, who shall submit them to the city council with recommendations as may be deemed necessary.

(i)

Removal. The city administrator may be removed only by a majority vote of the city council in accordance with this division, any employment agreement executed by the city and the city administrator, and in accordance with applicable law.

(Ord. No. 31-2010, Art. IV, § I, 4-29-2010; Ord. No. 71-2010, § III, 10-19-2010; Ord. No. 2-2012, § II, 1-3-2012; Ord. No. 33-2013, §§ IV, V, 8-20-2013)