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The Seminole City Charter and City Ordinances are frequently updated by
the Seminole City Council.
This version is not current. If you have questions about current updates,
contact Seminole City Hall, 405-382-4330.
TABLE OF CONTENTS
PART CHAPTER TITLE
Foreword
Adopting Ordinance
Resolution
City Charter
1 GENERAL PROVISIONS
1 Use and Construction of the Code
2 Corporate and Ward Limits
2 ADMINISTRATION AND GOVERNMENT
1 Government Organization
2 Council
3 Mayor
4 City Manager
5 Attorney
6 Clerk
7 Treasurer
8 Officers and Employees General
A. General Provisions
B. Personnel Board and Regulations
9 Retirement and Pensions
A. Firefighters Pension Fund
B. Police Pension System
C. Employee Retirement System
10 Local Energy Management
3 ALCOHOLIC BEVERAGES
1 Alcoholic Beverages Regulations
2 Nonintoxicating Beverages
3 Private Clubs
4 ANIMALS
1 Animal Regulations
A. Animals and Fowl
B. Dogs and Cats
C. Wild Animals
D. Licensing and Permits
E. Other Provisions
2 Bird Sanctuary
5 BUILDING REGULATIONS AND CODES
1 Building Code
2 Plumbing Code
3 Gas Code
4 Mechanical Code
5 Electrical Code
A. Permits and Inspections
B. Licensing
C. Electrical Regulations
6 Housing Code
7 Oil and Gas Drilling Permits
8 Fair Housing
9 Moving Buildings
10 Civil Defense Shelters in City Buildings
11 Swimming Pool Code
6 COURT
1 Municipal court
2 (Reserved)
7 FINANCE AND TAXATION
1 Finance Administration
A. Purchases and Sales
B. Water and Sewer Fund
2 Citizens Advisory Committee for Capital Expenditures
3 Sales Tax
4 Natural Gas Utility Tax
5 Telephone Exchanges
6 Use Tax
8 HEALTH AND SANITATION
1 Weeds and Trash
2 Food Regulations
3 Milk Regulations
4 Nuisances
5 Hospital Board
6 Insect Spraying by City
9 LICENSING AND BUSINESS REGULATIONS
1 General License Provisions
2 Peddlers, Solicitors and Itinerant Merchants
3 Amusements, Circuses, Dances, Pool Halls
4 Auctions
5 Spraying
6 Tree Trimming
7 Hotel and Motel
A. Hotels
B. Motels
8 Private Security Officers
9 Parades and Public Meetings
10 Other Trades Regulated
11 Residential Sales
12 Ice Cream Truck Vendors
13 Alarm Registration and Regulations
10 OFFENSES AND CRIMES
1 Offenses in General
2 Offenses Against Property
3 Offenses Against the Public
4 Offenses Against the Health, Welfare and Morals
5 Offenses Against Persons
6 Offenses Against Public Authority
7 Penalties
11 PARKS, RECREATION AND CULTURAL AFFAIRS
1 Library Board
2 Park Board
3 Recreation Commission
4 Lake Development
5 Community Relations Commission
6 Parks
A. Regulations
B. Park Use Fees
7 Sportsman Lake
8 Cemetery
12 PLANNING, ZONING AND DEVELOPMENT
1 Boards and Commissions
A. City Planning Commission
B. Board of Adjustment
2,3 Zoning Regulations
4 Subdivision Regulations
5 Flood Damage Prevention
6 Mobile Homes and Parks
7 Vacating Streets, Procedures
8 Airport Zoning Regulations
13 PUBLIC SAFETY
1 Police Department and Services
2 Auxiliary Police
3 Fire Department and Services
4 Fire Prevention Code
5 Civil Defense
14 STREETS AND PUBLIC WORKS
1 Streets and Sidewalks Generally
2 Excavation and Sidewalk Construction
A. Cutting, Digging Pavement for Curbing
B. Sidewalk Construction
C. Shade Trees
15 TRAFFIC AND VEHICLES
1 General Provisions
2 Enforcement and General Provisions
3 Vehicle Equipment, Inspection
4 Speed Regulations
5 Driving, Overtaking, Passing
6 Traffic Control Devices
7 Stopping, Standing and Parking Generally
8 Loading
9 Turning Movements
10 Pedestrians
11 Bicycles
12 Limited Access Facilities
13 Impoundment of Vehicles
14 Penalties
16 TRANSPORTATION
1 Railroads
2 Taxicabs
3 Airport Board
17 UTILITIES
1 General Provisions
2 Water Department and Services
3 Sewer System and Services
A. General Provisions
B. Industrial Waste Regulations
4 Garbage System
5 Sanitary Landfills
APPENDICE
1 GAS FRANCHISE
2 ELECTRIC FRANCHISE
3 CABLE TELEVISION PERMIT
4 PROVISIONS OF SELECTED STATE STATUTES
APPLICABLE TO THE CITY
TABLES
1 ORDINANCE DISPOSITION TABLE
2 LISTING OF CERTAIN SPECIAL AND TEMPORARY ORDINANCES
INDEX
CHARTER OF THE CITY OF SEMINOLE, OKLAHOMA
PREAMBLE
We, the people of the City of Seminole, Oklahoma, 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 Seminole, Oklahoma.
ARTICLE I
INCORPORATION, FORM OF GOVERNMENT, POWERS
Section 1-1 Incorporation
The City of Seminole, Oklahoma, within the Corporate Limits as now established or as hereafter may be established, shall continue to be a Municipal Body Politic and Corporate in perpetuity under the name of the "City of Seminole, Oklahoma". It shall succeed to and possess all the property, rights, privileges, franchises, powers and immunities now belonging to the Corporation known as the City of Seminole, Oklahoma, and shall be liable for all debts and other obligations for which the Corporation is legally bound at the time this Charter goes into effect.
Section 1-2 City 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 be by Ordinance.
Section 1-3 Power of the City
The City shall have all powers, functions, rights, privileges, franchises, and immunities granted to Cities by the State Constitution and Law, and all the implied powers necessary to carry into execution all the powers granted. Except as prohibited by the State Constitution or Law, the City shall have all municipal powers, functions, rights, privileges, franchises, and immunities of every name and nature whatsoever. The City shall have power to adopt a Corporate Seal and alter it at pleasure, to sue and to be sued, and to make Contracts. It shall have power to acquire property within or without its corporate limits for any City purpose, including public utilities, works and ways, in fee simple or any lesser interest or estate, by purchase, gift, devise, lease, condemnation, or other legal means, and to hold, maintain, improve, enlarge, manage, control, operate, lease, sell, convey, or otherwise dispose of, such property as its interests may require, including public utilities, works, and ways. It shall have power to incur indebtedness and to issue Bonds within the limitations prescribed by State Constitution.
It shall have power to accept and administer Federal and State Grants-in-aid and to do everything necessary to accomplish the purpose or purposes for which such Grants may be made. It shall have power to ordain and to enforce local legislation for the proper organization and functioning of the City Government, for the preservation and enforcement of good government and order, for the protection of health, life, morals, and property, for the prevention, summary abatement, and removal of nuisances, and otherwise for the promotion of the common welfare. It shall have power to grant, extend, and renew Franchises in accordance with the State Constitution.
The enumeration or mention of particular powers by this Charter shall not be deemed to be exclusive or limiting and in addition to the powers enumerated or mentioned, herein, or implied hereby, the City shall have all powers which, under the State Constitution and Law, it would be competent for this Charter specifically to enumerate or mention.
Provisions of State Law relating to matters which may be regulated by cities operating under Charters, shall be in effect only insofar as they are applicable and are not superseded by this Charter or by Ordinance.
ARTICLE II
OFFICERS
Section 2-1 Elective Officers
The elective officers of the City shall be a Mayor, elected at large and two (2) Councilmen from each Ward. There shall be four (4) Wards.
Section 2-2 Compensation of Elective Officers.
The Mayor and Council may by Ordinance determine the compensation of such elective officers, provided, any compensation established within the fiscal year shall not be payable within the same fiscal year. Elective officers may be reimbursed for expenses incurred in the discharge of their official duties.
Section 2-3 Appointive Officers.
The appointive officers of the City shall be a City Manager, a Fire Chief, a Police Chief, a City Clerk,, a City Treasurer, a City Attorney, a Municipal Judge, and such subordinate officers as the Mayor and Council shall deem necessary for the efficient operation of the City. The City Manager, City Attorney, City Clerk, City Treasurer and Municipal Judge shall be appointed by the Mayor and Council. All remaining officers and heads of departments shall be appointed by the City Manager.
Section 2-4 Compensation of Appointive Officers.
Appointive Officers shall receive such compensation as may be set by Mayor and Council by Motion duly made and passed or by inclusion in annual appropriation bill.
Section 2-5 Leave of Absence.
Any officer other than the City Manager desiring to be temporarily absent from duty shall comply with rules and regulations adopted by the Mayor and Council. In the absence of such rules, absence from duty shall be approved by the City Manager.
Section 2-6 Vacancies
All officers elected shall be qualified electors of the City, and all Councilmen shall be actual residents of the Ward from which they may be elected, and the removal of any officer from the City or of any Councilman from the Ward from which he was elected, shall cause a vacancy in the office.
Section 2-7 Delivery to Successor.
Every officer and employee shall, upon going out of office or when employment shall cease, deliver to his successor all books, papers, furniture, tools, equipment and other things pertaining to his office or employment.
ARTICLE III
MAYOR
Section 3-1 Presiding Officer.
The Mayor shall preside at all meetings of the Council, and shall have a casting vote when the Council is equally divided, and shall take care that the provisions of this Charter are complied with.
Section 3-2 Sign Commissions and Approve Bonds.
The Mayor shall sign the commissions and appointments of all officers, elected or appointed and endorse the approval of all official Bonds approved by the Mayor and Council.
Section 3-3 Sign Warrants.
The Mayor shall sign all Orders and Warrants drawn upon the Treasurer for money.
Section 3-4 Veto Power.
The Mayor shall have the power to sign or veto any City Ordinance passed by the Council, provided that any Ordinance vetoed by the Mayor may be passed over this veto by vote of two-thirds (2/3) for all the members of the Council, not withstanding the veto, and should the Mayor neglect or refuse to sign any Ordinance or return the same with his objections in writing at the next meeting of the Council, the same shall become law without his signature.
Section 3-5 May Call Upon Citizens for Aid.
The Mayor is hereby authorized to call upon every male inhabitant of the City, over eighteen (18) years of age, and under the age of fifty (50) years, to aid in enforcing the laws.
Section 3-6 Vacancy.
When any vacancy shall happen in the office of Mayor, the President of the Council, for the time being, shall exercise the duties of the office of Mayor, until the vacancy is filled. In case of a vacancy in the office of Mayor more than six (6) calendar months to the next election, the person acting as Mayor shall cause an election to be held, giving ten (10) days notice thereof by Proclamation.
Section 3-7 Power of Appointment.
The Mayor shall appoint, by and with the consent of the Council, all officers and board and commission members whose appointments are not otherwise provided for by this Charter or by law, and whenever a vacancy shall happen in any office which by this Charter or by law he is empowered to fill, he shall, within thirty (30) days after the happening of such vacancy, communicate to the Council the name of his appointee to the office, and pending the concurrence of the Council in such appointment, the Mayor may appoint some suitable person to discharge the duties of the office until the next meeting of the Council. All officers so appointed by the Mayor and Council shall hold their offices until their successors are chosen and qualified unless sooner removed.
ARTICLE IV
COUNCIL MEETINGS
Section 4-1 Council Meetings.
The Council shall provide by Ordinance the date, hour and place of regular monthly meetings. Special meetings may be called by the Mayor, or in the absence of the Mayor, by the President of the Council, or upon request or notice, in writing, signed by at least three members of the Council, specifying the object and purpose of the meeting, which shall be read at the meeting and entered at length in the journal, and no business shall be transacted at the meeting except that specified in the request. In all cases, it shall require a majority of the Councilmen elected to constitute a quorum to do business.
Section 4-2 President of the Council.
The Council shall elect one of its own body who shall be styled the President of the Council, and who shall preside at all meetings of the Council in the absence of the Mayor, and in the absence of the President, the Council shall elect one of its own body to occupy the place temporarily, who shall be styled the acting President of the Council and the President and acting President, when occupying the place of the Mayor shall have the same privileges of other members of the Council and all acts of the President or acting President, while so acting, shall be as binding upon the Council and upon the City as if done by the Mayor.
Section 4-3 Resignation.
The resignation of any member of the Council shall be addressed in writing to the presiding officer of the Council and shall not take effect until accepted by a majority vote of the members present.
Section 4-4 Vacancy.
In case of a vacancy in the office of Councilman from any Ward, the Mayor shall appoint, with the consent of the Council, a person residing in the Ward in which the vacancy occurs, who shall hold office for the unexpired term.
Section 4-5 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 Mayor and Council. Without limitation of the foregoing, the Council shall have power, subject to State Constitution, Law and this Charter:
1. To appoint and remove the City Manager;
2. By Ordinance to enact Municipal Legislation;
3. To raise revenue and make appropriations, and to regulate Bond Elections, the issuance of Bonds, Sinking Funds, the refunding of indebtedness, salaries and wages and all other fiscal affairs of the City;
4. To inquire into the conduct of any office, department, or agency of the City, and investigate municipal affairs;
5. To grant pardons, as recommended by the Mayor, for violations of the Charter and Ordinances, including the remission of fines and costs;
6. To regulate elections, the initiative and referendum, and recall;
7. To regulate the organization, powers, duties, and functions of the Municipal Court;
8. To create, change, and abolish 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 to offices, departments and agencies created by this Charter.
Section 4-6 Council not to Interfere in Appointments and Removals.
The Mayor and members of the City Council shall not use undue influence or pressure in the appointment or removal to or from employment by the City. Except for the purpose of inquiry, or as a member of a personnel board, the Mayor and Council shall deal with the administrative service through the City Manager.
Section 4-7 City Clerk to be Clerical Officer of the Council.
The City Clerk, hereinafter provided for, shall also serve as clerical officer of the Council. He shall 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.
Section 4-8 Absences to Terminate Membership.
If the Mayor or any Councilman shall be absent, without excuse, from more than one-half of all the meetings of the Council, regular and special, held within any period of four (4) consecutive calendar months, he shall thereupon cease to hold office.
Section 4-9 Removal.
The Mayor or any Councilman may 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.
ARTICLE V
ORDINANCES
Sect ion 5-1 Enacting Clause.
The enacting clause of all Ordinances passed by the Council shall be, "Be it ordained by the people of the City of Seminole, Oklahoma, and of all Ordinances proposed by the voters under their power of initiative, "Be it ordained by the people of the City of Seminole, Oklahoma.”
Section 5-2 Passage, When in Effect.
Every proposed Ordinance shall be read, and a vote of a majority of all the Councilmen shall 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. Within ten (10) days after its passage, every Ordinance except an emergency Ordinance, shall be published in full or by number and title in a newspaper of general circulation within the City. Every Ordinance except an emergency Ordinance, so published, shall become effective thirty (30) 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 5-3 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 part of its title the words, "and declaring an emergency" and in a separate section, herein called the emergency clause, shall declare the emergency. An affirmative vote of at least six (6) councilmen shall be required for the passage of an Emergency Ordinance. An Emergency Ordinance shall take effect upon passage unless it specifies a later time.
Section 5-4 Adoption by Reference.
The Council by Ordinance may adopt by reference specific codes, ordinances,
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, ordinance, standard or
regulation so adopted need not be enrolled in the Book of Ordinances, but three
(3) copies shall be filed and kept in the office of the City Clerk.
Section 5-5 Codification.
The permanent general Ordinances of the City shall be codified and published in book or pamphlet form or by use of a loose-leaf system, and the City Council shall provide for keeping the code up-to-date. The ordinances and parts of Ordinances included in the code may contain new matter provisions of the State 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.
ARTICLE VI
CITY MANAGER AND ADMINISTRATIVE DEPARTMENT
Section 6-1 City Manager: Appointment, Term, Qualification, Removal.
There shall be a City Manager. He shall be nominated by the Mayor for an indefinite term and shall be elected by a vote of at least six (6) members of the City Council. He shall be chosen solely on the basis of his executive and administrative qualifications. At the time of his appointment, he need not be a resident of the City or State, but, during his tenure of office, he shall reside within the City. Neither the Mayor, any Councilman, nor any other elected City Official now or hereafter elected or selected to fill a vacancy, may be appointed City Manager or acting City Manager during the term for which he is elected or one year thereafter. The Council may suspend or remove the City Manager at any time by a vote of a majority of all its members. The Mayor shall give him a written statement of the reason for removal at least fourteen (14) days before removal becomes final and on request shall give him an opportunity for a public hearing thereon after the expiration of such time before removing him.
Section 6-2 Power and Duties.
The City Manager shall be chief administrative officer and head of the administrative branch of the City Government. He shall execute the laws and Ordinances and administer the government of the City and shall be responsible therefore to the Mayor and Council. He shall:
1. Appoint and when deemed necessary for the good of the service lay off, suspend, demote, or remove any head of administrative departments and employees of the City except as otherwise provided by Ordinance or this Charter.
2. Supervise, directly or indirectly, all administrative departments, agencies, officers, and employees;
3. 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 from time to time any necessary changes in the Budget;
4. Submit to the Council a report monthly and at the end of the fiscal year on the finances and administrative activities of the City;
5. Keep the Council advised of the financial condition and future needs of the City and make such recommendations to the Council all matters of policy and other matters as necessary;
6. Have such other powers, duties and functions as this Charter may prescribe and such powers, duties and functions consistent with this Charter as the Mayor and Council may prescribe.
Section 6-3 Administrative Departments, Offices and Agencies.
There shall be such administrative departments, offices and agencies as this Charter establishes and as the Mayor and Council may establish.
ARTICLE VII
FISCAL AFFAIRS
Section 7-1 City Clerk: Office Created, Duties.
There shall be a City Clerk, who shall be an officer of the City appointed for an indefinite term by the City Council and administered by the City Manager. The City Clerk shall collect or receive revenue and other money for the City Treasurer and shall keep adequate records thereof. He shall have such other powers, duties and functions as may be prescribed by the Charter, by applicable law, or by Ordinance.
Section 7-2 City Treasurer: Duties.
There shall be a City Treasurer appointed for an indefinite term by the City Council. The City Treasurer shall receive all City funds from all sources of City activities and shall deposit such funds received for the City in such depositories as the City Council may designate. The City Treasurer shall report quarterly to the City Council the amounts of all city funds deposited, invested or on hand at the end of the quarter and this report shall include the name and location of depositories in which city funds are deposited or invested. The City Treasurer shall maintain a general accounting system for the City Government, or may set up such a system in the City Clerk's Department. He shall co-sign all city warrants . He shall have such other powers, duties and functions as may be prescribed by the Charter, by applicable law or by Ordinance and such officer may be a full time employee of the City.
Section 7-3 Purchases and Sales.
The City Manager, subject to any regulations which the Mayor and Council may prescribe, 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 Mayor and 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 Mayor and Council may prescribe.
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 shall be given under such regulations and with such exceptions as the Mayor and Council may prescribe; but the Mayor and Council shall not exempt an individual contract, purchase or sale from the requirement of competitive bidding. The Council by Ordinance may transfer some or all of the power granted to the City Manager by this section to an administrative officer appointed by the City Manager.
Section 7-4 Sale of Property Valued at More Than $50,000.
The sale of any property, real or personal, including public utilities, or of any interest therein, the value of which is more than Fifty Thousand Dollars ($50,000.00) shall 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 (10) 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 legal and sufficient referendum petition is properly filed within thirty (30) days after its passage, otherwise it shall go into effect thirty (30) days after its passage".
Section 7-5 Public Trusts Authorized.
The purchase, construction, leasing, sale or conveyance of any property, real or personal, or of any interest therein, by or in conjunction with any public trust created by the government of the City of Seminole, which was not acquired through real or personal tax receipts, shall be made in conformity to State Statutes governing such Municipal Trust Authority and function.
Section 7-6 Public Improvements.
Public improvements may be made by the City Government itself or by Contract. The Mayor and Council shall award all Contracts for such improvements provided that the Mayor and Council may authorize the City Manager to award such contracts not exceeding an amount to be determined by the Mayor and Council and subject to such regulations as the Mayor and Council may prescribe. A Contract for public improvements of more than Three Thousand Dollars ($3,000.00) may be awarded only to the lowest and best responsible bidder after such notice and opportunity for competitive bidding as the Mayor and Council may prescribe. All bids may be rejected and further notice and opportunity for competitive bidding may be given.
Section 7-7 Fiscal 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 7-8 Independent Annual Audit.
The Mayor and 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 agencies keeping 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 the City Manager. In lieu of the above the Council may arrange with an appropriate State Authority for such an audit when and if permitted by law.
ARTICLE VIII
MUNICIPAL COURT
Section 8-1 Municipal Court.
There shall be a Municipal Judge, who shall be an officer of the City appointed by the Mayor with the consent of the Council for a term of two (2) years, as shall be provided by Ordinance. Only the Council may suspend or remove the Municipal Judge or an acting Municipal Judge, by a vote of a majority of all its members. The Municipal Judge shall have original jurisdiction to hear and determine all cases involving offenses against the Charter and Ordinances of the City. He shall be a resident lawyer and shall be paid a salary to be fixed by the Mayor and Council. Any appointment to fill a vacancy shall be for the unexpired term. The City Attorney shall be the prosecuting officer of the Court and the Chief of Police shall be Ex Officio Marshal of the Court. Provisions for jury trials and appeals shall be in conformity with the laws of the State of Oklahoma. The Municipal Judge shall keep a record of all proceedings of the Municipal Court, of the disposition of all cases, and of all fines and other money collected. The Municipal Judge may issue Warrants of arrest and subpoenas, administer oaths and affirmations, make and enforce all proper orders, rules, Judgments and punish for contempt. Nothing herein shall be construed to prevent the Judge from engaging in the practice of law in any other Court during his tenure of office.
ARTICLE IX
ELECTIONS
Section 9-1 Councilmen: Overlapping Terms of Two Years; Elected by Ward; Nonpartisan Elections.
The terms of the first Councilmen from Wards one (1), two (2), three (3) and four (4) under this Charter shall expire at 7:30 o'clock p.m. on the first Monday in April, 1995. The terms of the second Councilmen from Wards one (1), two (2), three (3) and four (4), shall expire at 7:30 p.m. on the first Monday in April, 1996. In each of these years and every year thereafter, the successors of those whose terms are expiring shall be elected for overlapping terms of two (2) years.
All Councilmen shall be elected by Ward, by the qualified electors of their respective Wards; candidates for Councilmen must be residents of their respective Wards. Both the election and any runoff election shall be nonpartisan; and no party designation or emblem shall be placed on the ballots.
Nothing in this chapter shall prohibit the use of voting machines.
Section 9-2 Mayor: Term of Two Years; Elected at Large; Nonpartisan Election.
The term of the Mayor shall expire at 7:30 p.m. on the first Monday in April, 1995. In this year and every two (2) years thereafter, a successor shall be elected for a two (2) year term. The Mayor shall be elected at large by the qualified electors of the entire City.
Candidates for Mayor shall be residents of the City. Both the election and any runoff election shall be nonpartisan and no party designation or emblem shall be placed on the ballot.
Section 9-3 Election, Filing.
Any qualified person may have his name placed on the ballot as a candidate for Councilperson or Mayor by filing with the secretary of the Seminole County Election Board a sworn statement of his candidacy. The filing period shall begin at 8:00 a.m. the first Monday in February and shall end at 5:00 p.m. on the following Wednesday. (Amendment)
Section 9-4 Election, Time, Etc.
A Primary Election shall be held on the first Tuesday in March of every year to elect Councilpersons to succeed those whose terms are expiring. An election shall be held on the first Tuesday in March and in every odd numbered year to elect a Mayor to succeed the person whose term is expiring. If only one person is a candidate for an office to be filled, he shall be elected ipso facto, and his name shall not appear on the Ballot. Every qualified elector of the City shall be entitled to vote for one candidate for Mayor and one candidate for Councilperson from his Ward. (Amendment)
Section 9-5 Election: Who Elected.
In the election, if one of the candidates for an office receives a majority of all votes cast for that office, he alone shall be elected. If no candidate receives a majority of all votes cast, the two (2) candidates receiving the greatest number of votes shall be certified for the runoff election. In case of a tie the candidate or candidates (as the case may be) for runoff shall be determined from among those tying, fairly by lot, by the County Election Board in a public meeting. If one of the two (2) candidates for the runoff election dies or withdraws before the runoff election, the remaining candidate shall be elected automatically, and his name need not appear on the ballot.
Section 9-6 Runoff Election; Time. When not held. Who Elected.
If, at the election provided for above, any office is not filled by majority election, there shall be a runoff election which shall be held on the third Tuesday in March. Every qualified elector of the City shall be entitled to vote for one of the two (2) candidates for Councilperson from his Ward and for one of the two (2) candidates for Mayor 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 a tie, the election shall be determined, fairly by lot, by the Seminole County Election Board in a public meeting. (Amendment)
Section 9-7 Registered Qualified Electors.
Only electors residing in the City who have the qualifications prescribed for electors by the State Constitution and Law, and who are registered as required by law, may vote in city elections.
Section 9-8 Political Activity of Officers and Employees.
No officer or employee of the City except the Mayor, Councilmen and personnel who receive no compensation for their services, may work for or against, or attempt to influence the election, or defeat of any candidate for Councilman or Mayor, or the recall of any Councilman or Mayor; provided that this shall not prohibit the ordinary exercise of one's right to express his opinions and to vote. Any person who violates this provision, shall be punished upon conviction thereof as provided by City Ordinance. Such violation shall constitute cause for removal from office or employment and if the regular removal authority has not already removed a person who violates this provision, he shall be automatically removed by the said conviction of violating this provision effective at the expiration of his right of appeal or, in case of appeal, when the case if finally determined.
Section 9-9 State 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. A proclamation of the Mayor calling a special election need not (but may) set forth the names of the precinct officers who are to conduct the election, but shall give the locations of the polling places.
ARTICLE X
RECALL
Section 10-1 Recall Authorized.
Every incumbent of an elective office, whether elected by popular vote or appointed to fill a vacancy, is subject to removal by recall by the voters of the City. The procedure to effect such removal from office shall be as follows:
Section 10-2 Recall Petition.
Whenever a Petition, signed by a number of qualified electors of the City equal to twenty-five per cent of the total number of ballots cast in said City for governor at the last preceding general election, demanding the removal of one or more of such elective officers shall have been filed with the City Clerk, it shall be the duty of the Mayor of the City, within ten days thereafter, to issue a Proclamation calling a special election, for the purpose of such recall only, setting forth the question to be voted upon at such election, in a newspaper published and of general circulation within the City. Such election shall be held not later than seventy-five days after the filing of such petition. In case of petition of the Mayor, the election shall be called by the President of the Council. After calling of such election, the said petition shall remain in the office of the City Clerk. The signatures to such petition need not all be appended to one paper, but each signed shall add to his signature his place of residence, giving the street and number if any, or if not numbered, the number of lot and block. Some qualified voter who signs such petition shall make oath before an officer competent to administer oaths that the statements made in such petition are true, and some qualified voter shall make oath to each paper containing signatures that each signature appended to such paper is the genuine signature of the person whose name purports to be thereto subscribed.
Section 10-3 Recall Ballot.
The form of Ballot at such special election shall be as follows:
Recall of Elective Officers
Shall (name of officer) be removed from office of (name of office)?
[ ] YES
[ ] NO
The voter who desires to vote for the removal of the officer shall stamp in the square to the left of the word “YES” . The voter who desires to vote for the retention in office of the officer shall stamp in the square to the left of the word “NO”.
If a majority of the duly qualified electors voting at such election shall vote "YES", the officer shall be deemed removed and his office vacated. If a majority of such electors shall vote "NO", such officer shall continue to serve as such.
Section 10-4 Recall Election.
Such special election shall in all respects be conducted, returned, and the result thereof declared as provided by the Constitution and laws of the State of Oklahoma in force at the time of such election.
Section 10-5 Recall Time Limitations.
No recall Petition shall be filed against any officer until he shall have held his office for at least four (4) months; nor within six months after an election has been held upon a previous Petition for recall of the same officer.
Section 10-6 Persons Recalled or Resigning.
No person who has been recalled from an office, or who has resigned from such office while recall proceedings were pending against him, shall be appointed to an office or employment of the City within one year after such recall or resignation.
Section 10-7 Amendments, Regulations.
The City Council may by Ordinance make such further regulations as may be necessary to carry out the provisions of this article. The method of removal by recall is cumulative and not exclusive.
ARTICLE XI
OFFICERS AND EMPLOYEES GENERALLY
Section 11-1 Appointments, Removals.
Appointments and promotions in the service of the City shall be made solely on the basis of merit and fitness, layoffs, suspensions, demotions and removals shall be made solely for the good of the service. At least all full-time regular (that is, non-temporary) officers and employees subordinate to the City Manager, except members and secretaries of boards and other plural authorities, shall be in the classified service. The Mayor or Council, by Ordinance and/or personnel rules, shall have power further to define the classified service and otherwise to regulate personnel matters.
Section 11-2 Qualifications of Officers and Employees.
Officers and employees of the City shall have the qualifications prescribed by this Charter and such additional qualifications as the Mayor and Council may prescribe; but the Mayor and the Council shall not prescribe additional qualifications for Mayor or Councilmen.
Section 11-3 Holding 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 than one such office, through appointment by himself, by the Mayor and Council, or by other city authority having power to fill the particular office, subject to any regulations which the Mayor and Council may make by Ordinance; but he may not receive compensation for service in such other offices. Also the Mayor and 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 offices, notwithstanding any other provision of this Charter.
Section 11-4 Official Bonds.
The City Manager, the City Clerk, the City Treasurer and such other officers and employees as the Mayor and 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 Mayor and Council may prescribe, with a surety company authorized to operate within the State. The City shall pay the premiums of such Bonds.
Section 11-5 Oaths of Affirmation of Office.
Every officer of the City, before entering upon the duties of his office, shall take and subscribe to the oath or affirmation of office as follows:
"I,………do solemnly swear (or affirm) that I will faithfully execute the office of…….and will to the best of my ability preserve, protect and defend the Constitution of the United States, the Constitution of the State of Oklahoma, and the Charter of the City of Seminole, Oklahoma.
The oath or affirmation shall be filed in the City Clerk's Office.
Section 11-6 Who May Administer Oaths and Affirmations.
All officers authorized by Federal or State Law, the Mayor, the City Manager, the City Clerk, the City Attorney, the Municipal Judge, and such other officers as the Mayor and Council may authorize, may administer oaths and affirmations in any matter pertaining to the affairs and government of the City.
Section 11-7 Acting Officers and Employees.
The appointing authority who may appoint the successor of an officer or employee, may appoint a person to act during the temporary absence, leave, disability, or suspension of such officer or employee, or, in case of a vacancy, until a successor is appointed and qualifies, unless the Council provides by general Ordinance that a particular superior or subordinate of such office or employee shall act. The Council by general Ordinance provide for a deputy to act in such cases. Also an acting Municipal Judge may be appointed to serve in any case or proceeding for which the Municipal Judge is disqualified.
Section 11-8 Officers to Continue Until Successors are Elected or Appointed & Qualify.
Every officer who is elected or appointed for a term ending at a definite time, shall continue to serve thereafter until his successor Is elected or appointed and qualifies unless his services are sooner terminated by resignation, removal, disqualification, death, abolition of the office or other legal manner.
ARTICLE XII
GENERAL AND MISCELLANEOUS PROVISIONS
Section 12-1 Feminine Gender.
When the masculine gender is used in this Charter, it shall also mean the feminine unless the masculine alone is clearly indicated.
Section 12-2 Initiative 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.
Section 12-3 Publicity of Records.
All records and accounts of every office, department, or agency of the City Government except records and documents, the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish, shall be open to public inspection.
ARTICLE XIII
AMENDMENT AND SEPARABILITY OF CHARTER
Section 13-1 Amendment Proposal, Ratification, Approval.
This Charter may be amended by proposals therefore submitted 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 that amends 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 13-2 Separability.
If a Court of competent jurisdiction shall hold any section or part of this Charter invalid, such holding shall not affect the remainder of this Charter nor the context in which such sect ion or part so held invalid may appear, except to the extent that an entire section or part may be inseparably connected in meaning and effect with the section or part. 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.
ARTICLE XIV
SUCCESSION IN GOVERNMENT
Section 14-1 Inauguration of Government Under This Charter.
If a majority of the qualified electors of the City voting on the question vote to ratify this Charter, it shall go into full effect and the government provided by it shall be inaugurated on the first day of the month next succeeding the month in which it is approved by the Governor of the State of Oklahoma.
Section 14-2 Mayor and Councilmen to Continue in Office.
The Mayor and all Councilmen shall continue in office under the provisions of this Charter until their present term expires or their removal as provided by this Charter.
Section 14-3 Chief of Police City Clerk and City Treasurer; Term Expires.
Upon the date this Charter takes effect, the elected terms of the Chief of Police, the City Clerk and the City Treasurer shall expire. Upon that date each of these officers shall assume their former duties as the appointed official to their respective office, to serve until their removal as provided by this Charter.
Section 14-4 Boards, Departments and Commissions Continued.
All of the boards, departments and commissions in existence under the old form of government shall continue in force and those persons serving on said boards, departments and commissions shall continue to hold their respective offices; provided that insofar as is consistent with this Charter and State Statute, the power, duties and responsibilities of each such board, department or commission shall be determined by the Mayor and Council
Section 14-5 Ordinances Continued.
The City Ordinances Code of this City and all Ordinances of the City shall continue in effect, insofar as they are not inconsistent with this Charter, until they are repealed or until they expire of their own limitations.
Section 14-6 Officers and Employees Continued.
All appointive officers and employees of the Municipality under the old form of Government who hold offices and positions which continue under this Charter, shall continue in the offices and employment which they respectively hold after this Charter goes into effect, until their respective terms expire or until their services are terminated in accordance with the provisions of this Charter and Ordinances relating to the creation, change and abolition of officers and removal of officers and employees.
Section 14-7 Pending 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 14-8 Charter Review Commencing 2000.
This Charter shall be reviewed by a committee appointed by the Mayor of Seminole, Oklahoma, no less frequently than once every five (5) years. The review shall be for the purpose of considering the need for changes and/or amendments to the existing City Charter.
CERTIFICATE OF FREEHOLDERS
State of Oklahoma }
Seminole County } ss
City of Seminole }
BE IT KNOWN, that the City of Seminole, County of Seminole, State of Oklahoma, containing a population of more than two thousand (2,000) inhabitants, at an election held on the eleventh (11th) day of September 1970, under the provisions of Section 3 (1) of Article XVIII of the Constitution of the State of Oklahoma, did, pursuant to law, elect a Board of Freeholders, two (2) being selected from each of the four (4) Wards of said City to prepare, suggest, and propose a Charter for said City to be executed in duplicate and filed within ninety (90) days from the date of said election, one copy of which is to be filed with the Chief Executive Officer of said City and the other to be filed with the County Clerk (Register of Deeds of said County).
The undersigned members of said Board of Freeholders do hereby certify that in pursuance of the Constitution and laws of the State of Oklahoma, we did meet and organize and in perfecting said organization did elect John Marshall to act and preside as Chairman of said Board, and did at the same time elect W.C. Wantland to act as Secretary of said Board, and from time to time have held meetings and have proposed, formulated and filed a proposed Charter within ninety (90) days from the date of our election consisting of the various articles and sections embraced and contained all thereof within and upon the foregoing and preceding twenty-three (23) pages, as the Charter for adoption by the qualified electors of said City of Seminole do hereby propose the foregoing, consisting of twenty-three (23) pages, as the Charter of the City of Seminole, which we and each of us, do hereby sign in duplicate as and for the Charter of said City of Seminole.
IN WITNESS WHEREOF, We have hereunto set our hands in duplicate this the twenty-sixth (26th) day of September, 1970.
Ward One: Ward Three:
Carl Koger John Marshall
Earl Austin Bob Sullivan
Ward Two: Ward Four:
W.C. Wantland Dr. H.F. Simpson
Leon Davis Cecil Dollar
Subscribed and sworn to before me this 25th day of September, 1970.
/s/ Lavon Schulze
Notary Public
My Commission Expires:
3/25/73
CERTIFICATE OF CITY COUNCIL
The undersigned members of the City Council of the City of Seminole, County of Seminole, State of Oklahoma do hereby certify that the above Charter was Amended by a vote of the qualified voters on March 14, 2000.
IN WITNESS WHEREOF, we hereunto set our hands this 14th day of March, 2000.
Ward One:
Evelyn Hammond-Willingham /s/
Chris Hammon, Jr. /s/
Ward Two:
Darren Frederick /s/
Bill Benn /s/
Ward Three:
Matt Riffle /s/
Kenny Pryor /s/
Ward Four:
Mike McCreight /s/
David Zehren /s/
Mayor, Vicki Spears /s/
City Attorney, Ed Cadenhead /s/
ATTEST:
/s/ Diane Johnson, City Clerk
Subscribed and sworn to before me this 14th day of March, 2000.
/s/ Belinda Adams, Notary Public
My Commission Expires:
5/28/01
AMENDED
CHARTER
OF THE CITY OF SEMINOLE
PREAMBLE
ARTICLE I
INCORPORATION, FORM OF GOVERNMENT, POWERS
Section 1-1 Incorporation
Section 1-2 City Government
Section 1-3 Power of the City
ARTICLE 11
OFFICERS
Section 2-1 Elective Officers
Section 2-2 Compensation of Elective Officers
Section 2-3 Appointive Officers
Section 2-4 Compensation of Appointive Officers
Section 2-5 Leave of Absence
Section 2-6 Vacancies
Section 2-7 Delivery to Successor
ARTICLE III
MAYOR
Section 3-1 Presiding Officer
Section 3-2 Sign Commissions and Approve Bonds
Section 3-3 Sign Warrants
Section 3-4 Veto Power
Section 3-5 May Call upon Citizens for Aid
Section 3-6 Vacancy
Section 3-7 Power of Appointment.
ARTICLE IV
COUNCIL MEETINGS
Section 4-1 Council Meetings
Section 4-2 President of the Council
Section 4-3 Resignation
Section 4-4 Vacancy
Section 4-5 Powers
Section 4-6 Council not to Interfere In Appointments and
Removals
Section 4-7 City Clerk to be Clerical Officer of the Council
Section 4-8 Absences to Terminate Membership
Section 4-9 Removal
ARTICLE V
ORDINANCES
Section 6-1 Enacting Clause
Section 5-2 Passage, When in Effect
Section 5-3 Emergency
Section 5-4 Adoption by Reference
Section 5-5 Codification
ARTICLE VI
CITY MANAGER AND ADMINISTRATIVE DEPARTMENT
Section 6-1 City Manager: Appointment, Term, Qualifications,
Removal
Section 6-2 Power and Duties
Section 6-3 Administrative Departments, Offices and Agencies
ARTICLE VII
FISCAL AFFAIRS
Section 7-1 City Clerk: Office Created, Duties.
Section 7-2 City Treasurer: Duties
Section 7-3 Purchases and Sales
Section 7-4 Sale of Property Valued at more than $50,000
Section 7-5 Public Trusts Authorized
Section 7-6 Public Improvements
Section 7-7 Fiscal Year
Section 7-8 Independent Annual Audit
ARTICLE VIII
MUNICIPAL COURT
Section 8-1 Municipal Court
ARTICLE IX
ELECTIONS
Section 9-1 Councilmen: Overlapping Terms of Two years; Elected by Ward;
Nonpartisan Elections.
Section 9-2 Mayor: Term of Two Years; Elected at Large;
Nonpartisan Election
Section 9-3 Election: Filing
Section 9-4 Election: Time, etc
Section 9-5 Election: Who Elected
Section 9-6 Runoff Election: Time; When Not Held; Who Elected
Section 9-7 Registered Qualified Electors
Section 9-8 Political Activity of Officers and Employees
Section 9-9 State Constitution and Law to Govern
ARTICLE X
RECALL
Section 10-1 Recall Authorized
Section 10-2 Recall Petition
Section 10-3 Recall Ballot
Section 10-4 Recall Election
Section 10-5 Recall Time Limitations
Section 10-6 Persons Recalled or Resigning
Section 10-7 Amendments, Regulations
ARTICLE XI
OFFICERS AND EMPLOYEES GENERALLY
Section 11-1 Appointments, Removals
Section 11-2 Qualifications of Officers and Employees
Section 11-3 Holding More Than One Office
Section 11-4 Official Bonds
Section 11-5 Oaths or Affirmation of Office.
Section 11-6 Who May Administer Oaths and Affirmations
Section 11-7 Acting Officers and Employees
Section 11-8 Officers to Continue Until Successors are Elected or
Appointed to Qualify
ARTICLE XII
GENERAL AND MISCELLANEOUS PROVISIONS
Section 12-1 Feminine Gender
Section 12-2 Initiative and Referendum
Section 12-3 Publicity of Records
ARTICLE XIII
AMENDMENT AND SEPARABILITY OF CHARTER
Section 13-1 Amendment: Proposal, Ratification, Approval
Section 13-2 Separability
ARTICLE XIV
SUCCESSION IN GOVERNMENT
Section 14-1 Inauguration of Government Under This Charter
Section 14-2 Mayor and Councilmen to Continue in Office
Section 14-3 Chief of Police, City Clerk, City Treasurer, Terms
Expire.
Section 14-4 Boards, Departments and Commissions Continued
Section 14-5 Ordinances Continued
Section 14-6 Officers and Employees Continued
Section 14-7 Pending Actions and Proceedings
Section 14-8 Charter Review Commencing 1994
CITY OF SEMINOLE
Containing all of the ordinances of the
City of Seminole, Oklahoma
Of a general and permanent nature passed prior to
___________________ and still in effect on that date
Supplemented in _______, containing all ordinances
of a general and permanent nature passed prior to
___________________, and still in effect on that date
ORDAINED AND PUBLISHED
BY AUTHORITY OF THE
CITY COUNCIL
CITY OF SEMINOLE
City of Seminole
P.0. Box 1218
Seminole, Oklahoma 74868-1218
(405) 382-4330
CODE SUPPLEMENT RESOLUTION _________________
A RESOLUTION DIRECTING FILING AND NOTIFICATION OF THE PUBLICATION OF THE ________ SUPPLEMENT TO THE SEMINOLE CITY CODE.
WHEREAS, the City of Seminole has contracted with the Oklahoma Municipal League municipal code service to prepare the _______________supplement to the City's Code of Ordinances containing all ordinances adopted by the city to the date of such supplement; and
WHEREAS, the city is required to publish its supplement and code of compiled penal ordinances and to deposit a copy with the county law library pursuant to Sections 14-109 and 14-110 of Title II of the Oklahoma Statutes; and
WHEREAS, the city is required to adopt a resolution notifying the public of the publication of its supplements to the code pursuant to Section 14-110 of Title II of the Oklahoma Statutes and to file a copy of the resolution in the office of the county clerk;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEMINOLE:
THAT the public is hereby notified of the publication of the (year) Supplement to the City's Code of Ordinances and that copies of the code as supplemented are available for review in the office of the city clerk; and
THAT the city clerk shall cause to be filed one copy of this resolution with the office of the county clerk of Seminole County; and
THAT the city clerk shall cause one copy of this resolution and one copy of the supplement to the code to be filed with the Law Library of Seminole County; and
THAT the clerk shall keep at least one copy of the Seminole Code of Ordinances as supplemented in the office of the city clerk for public use, inspection and examination.
ADOPTED this ___________day of _______________ 2000, by the City Council of the City of Seminole.
/s/ Vicki Spears
Mayor
/s/ Diane Johnson
City Clerk
Ordinance No.____________
ADOPTING ORDINANCE
AN ORDINANCE ADOPTING AND ENACTING A CODE OF ORDINANCES OF THE CITY OF
SEMINOLE, OKLAHOMA: PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED
THEREIN, EXCEPT AS HEREAFTER PROVIDED; PROVIDING WHEN THIS ORDINANCE SHALL
BECOME EFFECTIVE; PROVIDING FOR SALE AND COPIES IN THE CLERK'S OFFICE; PROVIDING
FOR SUPPLEMENTS OR CHANGES TO CODE; AND DECLARING AN EMERGENCY:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEMINOLE, OKLAHOMA:
SECTION I TITLE.
A code and revision of the ordinances of the City of Seminole is hereby adopted as the "Code of Ordinances, City of Seminole, Oklahoma," or by any other properly identifying designation.
SECTION 2 CODE SUPERSEDES OTHER ORDINANCES.
This code shall be treated and considered as a new and comprehensive ordinance of the city which shall supersede all other general and permanent ordinances enacted by the council prior to _________________, except such as by reference thereto are expressly saved from repeal or continued in force and effect for any purpose.
SECTION 3 EFFECTIVE DATE OF CODE, REPEAL.
All provisions of this code shall be in full force and effect from the date this ordinance becomes law. All ordinances of a general and permanent nature of the city in effect on or before _________________________, and not in the code or recognized and continued in force by reference herein and which are in conflict herewith, are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided.
SECTION 4 ORDINANCES NOT REPEALED.
The repeal provided for in Section 3 hereof shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance; nor shall the repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness, or any contract or obligation assumed by the city; nor shall the repeal affect the administrative regulations or resolution of the city council not in conflict or inconsistent with the provisions of the code; nor shall the repeal affect any right or franchise granted by any ordinance or resolution of the city council to any person, firm or corporation; nor shall the repeal affect any ordinance dedicating, naming, establishing, locating, relocating, opening, vacating, etc., any street or public way in the city; nor shall the repeal affect any annual budget or salary ordinance; nor shall the repeal affect any ordinance levying or imposing taxes; nor shall the repeal affect any ordinance establishing and prescribing the street grades of any street in the city; nor shall the repeal affect any ordinance providing for local improvements and assessing charges therefor; nor shall the repeal affect any ordinance extending the limits of the city; nor shall the repeal be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance. The continuance in effect of temporary or special ordinances and parts of ordinances, although omitted from the code, shall not be affected by such omission therefrom; and the adoption of the code shall not repeal or amend any such ordinance or part of any such ordinance.
SECTION 5 CODE NOT NEW ENACTMENT.
The provisions appearing in this code, so for as they are the same as those ordinances existing at the time of the effective date of this code, shall be considered as continuations thereof and not as new enactment’s.
SECTION 6 ORDINANCES ADOPTED AFTER EFFECTIVE DATE OF CODE.
Ordinances and parts of ordinances of a permanent and general nature passed or adopted on and after the effective date of this code may be passed or adopted either:
1. In the form of amendments to the code of ordinances adopted by this
ordinance; or
2. Without specific reference to the code.
In either case, all such ordinances and parts of ordinances shall be deemed amendments to the code. All of the substantive permanent and general parts of such ordinances and changes made thereby in the code, shall be inserted and made in the code whenever authorized or directed by motion, resolution or ordinance of the council, as provided hereinafter.
SECTION 7 SUPPLEMENTS TO CODE.
By contract or by city personnel, a change, or supplement, to the code of ordinances adopted by this ordinance shall be prepare an printed whenever authorize or directed by the city council. A change to the code shall include all substantive permanent and general parts of ordinances passed by the council or adopted by initiative and referendum during the period covered by the change and all changes made thereby in the code. The pages of a change shall be so numbered that they will fit properly into the code and, where necessary, replace pages which have become obsolete or partially obsolete, and new pages shall be so prepared that, when they have been inserted, the code will be up to date to the date to which the code is being brought up to date. Each change shall include a new title page for the code; and the title page shall include a notation below the title indicating that the code contains all permanent and general ordinances and parts of ordinances passed prior to the date to which the code is brought up to date and still in effect. The words "as amended" and the date, may be added to the title after the year. After every change has been prepared and printed, a number of copies of the change equal at least to the number of copies of the code still in existence, shall be deposited in the office of the city clerk. The city clerk, if possible, shall notify each holder of a copy of the original code about the availability of the change or supplement.
SECTION 8 SALE OF COPIES OF THE CODE,
The city clerk is hereby authorized and directed to sell copies of the code of ordinances to the public at a price determined from time to time by motion or resolution of the city council.
SECTION 9 COPY OF CODE IN CLERK’S OFFICE.
A copy of the current code as amended or supplemented from time to time shall be kept on file in the office of the city clerk. This copy of the code shall be available for all persons desiring to examine it; it shall be considered by the city clerk as may be required.
SECTION 10 PREPARATION OF CODE.
The code of ordinances hereby adopted was prepared by the Oklahoma Municipal League and consists of Seventeen (17) Parts, all of which have been examined, considered and approved by the council of the City of Seminole and adopted by compliance with Sections 14-109 et seq. of Title II of the Oklahoma Statutes.
SECTION 11 EMERGENCY.
Reference being made to "Section 3” hereinbefore set out, it is
immediately necessary for the preservation of the peace, health and safety of
the city and the inhabitants thereof, that the provisions of this code not
heretofore enacted be put into full force and effect, an emergency is hereby
declared to exist, by reason whereof this ordinance shall take effect and be in
full force from and after its passage, as provided by law.
YEAS:
NAYS:
ABSENT:
Passed and approved in the council meeting this ____ day of ___________. 2000.
________________________ Mayor
ATTEST: (Seal)
_____________________
Clerk
Emergency Clause passed this ______day of _______________, 2000.
YEAS:
NAYS:
ABSENT:
___________________________
Mayor
ATTEST: (Seal)
_____________________________
Clerk
PART 1
GENERAL PROVISIONS
CHAPTER I
USE AND CONSTRUCTION OF THE CODE
Section 1-101 How code designated and cited.
Section 1-102 Rules of construction.
Section 1-103 Catchlines of sections; citations.
Section 1-104 Effect of repeal of ordinances.
Section 1-105 Severability of parts of code.
Section 1-106 Amendment to code; effect of new ordinances;
amendatory language.
Section 1-107 Altering code.
Section 1-108 General penalty.
Section 1-109 Second and subsequent offenses.
Section 1-110 Fines recoverable by civil action.
Section 1-111 Construction.
Section 1-112 Right of entry to inspect and enforce ordinances.
CHAPTER 2
CORPORATE AND WARD LIMITS
Section 1-201 Map of city designated as official map.
Section 1-202 Ward number and boundaries.
CHAPTER 1
USE AND CONSTRUCTION OF THE CODE
Section 1-101 How code designated and cited.
Section 1-102 Rules of construction.
Section 1-103 Catchlines of sections; citations.
Section 1-104 Effect of repeal of ordinances.
Section 1-105 Severability of parts of code.
Section 1-106 Amendment to code; effect of new ordinances; amendatory language
Section 1-107 Altering code.
Section 1-108 General penalty.
Section 1-109 Second and subsequent offenses.
Section 1-110 Fines recoverable by civil action.
Section 1-111 Construction.
Section 1-112 Right of entry to inspect and enforce ordinances.
SECTION 1-101 HOW CODE DESIGNATED AND CITED.
The provisions embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances, City of Seminole, Oklahoma," and may be so cited.
State Law Reference: Adoption and revision of codes of ordinances, 11 0.S Sections 14-108,14-109.
Charter Reference: Codification of ordinances, Section 5-5 of the charter.
SECTION 1-102 RULES OF CONSTRUCTION.
In the construction of this code and of all ordinances, the following rules are observed unless the construction would be inconsistent with the manifest intent of the council:
1. "City" or "this city" means the City of Seminole, Oklahoma, or the area within the territorial limits of the City of Seminole, and such territory outside of the city over which the city has jurisdiction or control by virtue of any law or constitutional provision;
2. "Council" or "city council" means the city council of Seminole;
3. "Computation of time." Whenever a notice is required to be given or an act is to be done, the time period in which the act or notice is required shall be computed by excluding the first day and including the last day. If the last day is Sunday or a legal holiday, that day shall be excluded;
4. “County” or “this county” means the County of Seminole, Oklahoma;
"Gender." A word importing one gender only shall extend and be applied to other genders and to firms, partnerships, and corporations as well;
6. "Joint authority." All words giving "joint authority" to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers;
"Law” includes applicable federal law, provisions of the Constitution and statutes of the State of Oklahoma, the ordinances of the city, and, when appropriate, any and all rules and regulations promulgated thereunder;
8. "Manager" or "city manager" means the city manager of the city;
9. "May" is permissive;
10. "Mayor" means the mayor of the city;
11. “Month" means a calendar month;
12. "Nontechnical and technical words." Words and phrases which are not specifically defined shall be construed according to the common and accepted usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning;
13. "Number." A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. Words used in the plural number may also include the singular unless a contrary intention plainly appears;
"Oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases, the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed";
15. "Or, and." "Or" may be read "and" and "and" may be read "or", if the sense requires it;
16. "Other officials or officers, etc." Whenever reference is made to officers, agencies or departments by title only, i.e. "clerk," "city clerk," "city attorney", "fire chief," "chief of police", etc. they shall mean the officers, agencies or departments of the city;
17. “Person" shall extend and be applied to a natural person, any
persons and to associations, clubs, societies, firms, partnerships, trusts, and
bodies politic and corporate, or the manager, lessee, agent, servant, officer or
employee of any of them, unless a contrary intention plainly appears;
18. "Preceding, following" means next before and next after,
respectively;
19. "Property" shall include real and personal property;
20. "Shall" and "must" are mandatory;
21. "Sidewalk" means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians;
22. "Signature or subscription" includes a mark when a person cannot write;
23. "State" or "this state" shall be construed to mean the State of Oklahoma;
24. "Statutory references" means references to statutes of the State of Oklahoma as they now are or as they may be amended to be;
25. "Street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts, highways, courts, places, squares, curbs and all other public ways in the city which are or are hereafter dedicated and open to public use, or such other public property so designated in any law of this state;
26. "Tense." Words used in the past or present tense include the future as well as the past and present;
27. "Week" means seven (7) days;
28. "Words and phrases not defined." Words and phrases not specifically defined shall be construed according to the context and approved usage of the language;
29. "Written" includes printed, typewritten, mimeographed or
multigraphed; and "Year" means a calendar year.
(Prior Code, Sec. 1.04.010)
SECTION 1-103 CATCHLINES OF SECTIONS; CITATIONS.
The catchlines of sections in this code are printed in CAPITAL LETTERS and citations included at the end of sections are intended to indicate the contents of the section and original historical source respectively, and shall not be deemed or taken to be titles and official sources of such sections; nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of the sections, including the catchlines, or citations, are amended or re-enacted.
SECTION 1-104 EFFECT OF REPEAL OF ORDINANCES.
A. The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
B. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed. (Prior Code, Sec. 1.04.050)
SECTION 1-105 SEVERABILITY OF PARTS OF CODE.
It is hereby declared to be the intention of the council that the sections,
paragraphs, sentences, clauses and phrases of this code are severable, and if
any phrase, clause, sentence, paragraph, or section of this code or of any
ordinance in the code shall be
declared unconstitutional, illegal or otherwise invalid by the valid judgment or
decree of a court of competent jurisdiction, such unconstitutionality or
invalidity shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this code of ordinances. (Prior Code, Sec. I 0-5)
SECTION 1-106 AMENDMENT TO CODE: EFFECT OF NEW ORDINANCES: AMENDATORY LANGUAGE.
A. All ordinances passed subsequent to this code or ordinances which amend, repeal or in any way affect this code of ordinances may be numbered in accordance with the numbering system of this code and printed for inclusion therein. When subsequent ordinances repeal any chapter, section or subsection or any portion thereof, the repealed portions may be excluded from this code by omission from reprinted pages.
B. Amendments to any of the provisions of this code may be made by amending the provisions by specific reference to the section of this code in substantially the following language: "Be it ordained by the City Council of the City of Seminole, Oklahoma, that Section ____________ of the code of ordinances of the City of Seminole, Oklahoma, is hereby amended to read as follows:" (Set out new provisions in full.)
C. When the council desires to enact an ordinance of a general and permanent nature on a subject not heretofore existing in the code, which the board desires to incorporate into the code, a section in substantially the following language may be made part of the ordinance:
"Section _________ Be it ordained by the City Council of the City of Seminole, Oklahoma, that the provisions of this ordinance shall become and be made a part of the code of ordinances of the City of Seminole, Oklahoma, and the sections of this ordinance may be re-numbered to accomplish this intention."
D. All sections, articles, chapters or provisions of this code desired to be repealed may be specifically repealed by section or chapter number, as the case may be.
State Law Reference: Enactment of ordinances, II O.S. Sections 14-103 et seq.
Charter Reference: Enacting clause, effective date, emergency measures, Sections
5-1 to 5-3 of the charter.
SECTION 1-107 ALTERING CODE.
It is unlawful for any person to change or amend by additions or deletions any part or portion of this code, or to insert or delete pages or portions thereof, or to alter or tamper with this code in any manner whatsoever which will cause the law of the city to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 1-108 of this code.
SECTION 1-108 GENERAL PENALTY.
A. Except as otherwise provided by state law, whenever in this code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in the code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any provision of this code or of any ordinance, upon conviction, shall be punished by a fine of not exceeding One Hundred Dollars ($100.00). Each day or any portion of a day during which any violation of this code or of any ordinance shall continue shall constitute a separate offense.
B. Any person who shall aid, abet or assist in the violation of any provision of this code or any other ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished as provided in this section. (Prior Code, Sec. 1.08.010)
State Law Reference: Maximum fines chargeable by courts not of record, $200.00, 11 0.5. Section 14-111; Fines over $100.00 are to be by jury trial, II OS. Section 27-119.
SECTION 1-109 SECOND AND SUBSEQUENT OFFENSES.
Every person who is convicted of any offense punishable as provided in Section 1-108 of this code and who commits the same offense a second time and is subsequently convicted of the second offense, the punishment for the second or subsequent offense shall be a fine of not more than Two Hundred Dollars ($200.00) or not more than thirty (30) days' imprisonment, or by both such fine and imprisonment. (Ord. No.666, 8/11/81; Ord. No. 718, 6/11/85)
SECTION 1-110 FINES RECOVERABLE BY CIVIL ACTION.
All fines shall be recoverable by civil action before any court of competent jurisdiction in addition to any other method provided by law.
SECTION 1-111 CONSTRUCTION.
The provisions of this code and all proceedings under it are to be construed with a view to effect their objects and to promote justice. (Prior Code, Sec. 1.04.040)
SECTION 1-112 RIGHT OF ENTRY TO INSPECT AND ENFORCE
ORDINANCES.
Whenever necessary to make an inspection to enforce any ordinance or
resolution, or whenever there is reasonable cause to believe there exists an
ordinance or resolution violation in any building or upon any premises within
the jurisdiction of the city, any authorized official of the city may, upon
presentation of proper credentials, enter such building, perform any duty
imposed upon him by ordinance; provided, that except in emergency situations or
when consent of the owner or occupant to the inspection has not been otherwise
obtained, he shall give the owner or occupant, by posting on the premises
twenty-four (24) hours' written notice of the authorized official's intention to
inspect. The notice transmitted to the owner or occupant shall state that the
property owner has the right to refuse entry and that in the event such entry is
refused, or in emergency situations, inspection may be made only upon issuance
of a search warrant by a duly authorized magistrate. In the event the owner or
occupant refuses entry after such request has been made, the official is
empowered to seek assistance from any court of competent jurisdiction in
obtaining such entry. (Prior Code, Sec. 1.12.010)
CHAPTER 2
CORPORATE AND WARD LIMITS
Section 1-201 Map of city designated as official map.
Section 1-202 Ward number and boundaries.
SECTION 1-201 MAP OF CITY DESIGNATED AS OFFICIAL MAP.
The map of the city showing its territorial limits, identified by the approving signatures of the mayor and council, marked and designated as "zoning map" is hereby designated as the official map of the city. The corporate limits as shown thereon are declared to be the true and correct corporate limits of the city, however the map shall be subject to change from time to time as may be determined by the council. The map is on file in the office of the city clerk. (Prior Code, Sec. 1.16.010)
SECTION 1-202 WARD NUMBER AND BOUNDARIES.
The city is hereby divided into four (4) wards as follows:
1. Ward Number One: All that part of the City hereinafter described as those lands within the corporate limits of Seminole east of Harvey Road; and those lands lying south of Strother Avenue between Harvey Road and Jefferson Street, and east of Jefferson Street between Strother Avenue and Broadway and south of Broadway between Jefferson Street and Jackson Street and east of a line extending south from the south end of Jackson Street along the center of the WPA drainage canal to the city limits. (Ord. 814, 1/11/94)
2. Ward Number Two: All that part of the City hereinafter described as those lands within the corporate city limits of Seminole lying west of Ideal Street between Good Hope Road and State Highway 9 and lying north of State Highway 9 between Ideal Street and State Highway 270, and lying south and west of State Street between State Highway 9 and Strother Avenue and lands south of Strother Avenue between State Street and Jefferson Street and west of a line extending south from the south end of Jackson along the center of the WPA drainage canal to the City limits. (Ord. 814, 1/11/94)
3. Ward Number Three: All that part of the city hereinafter described as those lands within the corporate city limits of Seminole lying west of Jefferson Street between Strother Avenue and Van Drive, south of Van Drive between Jefferson Street and Coolidge Street, west of Coolidge Street between Van Drive and State Highway 9, south of State Highway 9 between Coolidge Street and State Street, north and east of State Street between State Highway 9 and Strother Avenue and north of Strother Avenue between State Street and Jefferson Street (Ord. 814, 1/11/94)
4. Ward Number Four: All that part of the city hereinafter described as those lands within the corporate city limits of Seminole lying west of Harvey Road between Good Hope Road and Strother Avenue, north of Strother Avenue between Harvey Road and Jefferson Street, east of Jefferson Street between Strother Avenue and Van Drive, north of Van Drive between Jefferson Street and Coolidge Street, east of Jefferson Street and Coolidge Street, east of Coolidge Street between Van Drive and State Highway 9, north of State Highway 9 between Coolidge Street and Ideal Street, and east of Ideal Street between State Highway 9 and the north city limits. (Ord. 814, 1/11/94).
(Prior Code, Secs. 1.20.010 through 1.20.040)
State Law Reference: Review of wards after each federal census, II O.S. Section 20-101.
PART 2
ADMINISTRATION AND GOVERNMENT
CHAPTER I
GOVERNMENT ORGANIZATION
Section 2-101 Form of government; elected officers.
Section 2-102 Absentee balloting in municipal elections.
CHAPTER 2
COUNCIL
Section 2-201 Meetings; quorum.
Section 2-202 President.
Section 2-203 Resignation of members.
Section 2-204 Absence of members.
Section 2-205 Vacancy.
Section 2-206 Transaction of business.
Section 2-207 Power to alter.
Section 2-208 Compensation.
CHAPTER 3
MAYOR
Section 2-301 Presiding officer.
Section 2-302 Commission signing; bond approval.
Section 2-303 Warrant signing.
Section 2-304 Veto power.
Section 2-305 Reports.
Section 2-306 Enforcement power.
Section 2-307 Call upon citizens for aid.
Section 2-308 Remit fines.
Section 2-309 Vacancy filling.
Section 2-310 Power of appointment.
Section 2-311 Compensation.
CHAPTER 4
CITY MANAGER
Section 2-401 City manager; appointment.
Section 2-402 Powers and duties.
Section 2-403 Removal of manager.
CHAPTER 5
ATTORNEY
Section 2-501 Appointment.
Section 2-502 Duties.
Section 2-503 Ordinance drawing.
Section 2-504 Prosecution of complaints.
Section 2-505 Records; reports.
Section 2-506 Compensation.
CHAPTER 6
CLERK
Section 2-601 Office requirements of clerk.
Section 2-602 Custody of city papers.
Section 2-603 Duties.
Section 2-604 Custody of city records.
Section 2-605 Preparation of commissions.
Section 2-606 Deliver communications.
Section 2-607 Certified copies.
Section 2-608 Filing responsibility.
Section 2-609 Custodian of city seal.
Section 2-610 Monthly reports.
CHAPTER 7
TREASURER
Section 2-701 Office, duties.
Section 2-702 Accounts responsibility.
Section 2-703 Reports required.
Section 2-704 Monthly records submittal.
CHAPTER 8
OFFICERS AND EMPLOYEES GENERALLY
ARTICLE A
GENERAL PROVISIONS
Section 2-801 Appointive officers; generally.
Section 2-802 Appointive officers; compensation.
Section 2-803 Leave of absence.
Section 2-804 Oath required.
Section 2-805 Bond.
Section 2-806 Delivery of successor.
Section 2-807 Personal gain prohibited.
ARTICLE B
PERSONNEL BOARD AND REGULATIONS
Section 2-821 General provisions.
Section 2-822 Classified and unclassified service.
Section 2-823 Administrative authority.
Section 2-824 Personnel board created, duties.
Section 2-825 Rules adoption.
Section 2-826 Job classification plan.
Section 2-827 Pay plan.
Section 2-828 Probation period.
Section 2-829 Hours of work; leaves of absence.
Section 2-830 Separation; appeal; hearing.
Section 2-831 Records required.
Section 2-832 Investigations; hearings.
Section 2-833 General prohibitions.
CHAPTER 9
RETIREMENT AND PENSIONS
ARTICLE A
FIREFIGHTERS PENSION FUND
Section 2-901 Fire pension and retirement board.
Section 2-902 Fund to be operated in accordance with law.
ARTICLE B
POLICE PENSION SYSTEM
Section 2-910 Police pension board of trustees.
Section 2-911 Fund to be operated in accordance with law.
ARTICLE C
EMPLOYEE RETIREMENT SYSTEM
Section 2-920 Employee retirement system created.
Section 2-921 Administration.
Section 2-922 Fund.
Section 2-923 Appropriations.
Section 2-924 Execution.
Section 2-925 Conflicting laws.
CHAPTER 10
LOCAL ENERGY MANAGEMENT
Section 2-1001 Designation of the local energy officer.
Section 2-1002 Creation of committee and designation.
Section 2-1003 Membership.
Section 2-1004 Terms and vacancies.
Section 2-1005 Meetings.
Section 2-1006 Compensation of members.
Section 2-1007 Officers.
Section 2-1008 Duties and powers.
CHAPTER 1
GOVERNMENT ORGANIZATION
Section 2-101 Form of government; elected officers.
Section 2-102 Absentee balloting in municipal elections.
SECTION 2-101 FORM OF GOVERNMENT: ELECTED OFFICERS.
The city is governed by a council-manager form of government as provided in the city's home rule charter. The elected officers of the city include a mayor, elected at large, and two (2) councilmen from each of the city's four (4) wards. (Prior Code, Sec. 2.02.010 in part)
Charter Reference: Council manager form, Section 1-2 of the charter.
SECTION 2-102 ABSENTEE BALLOTING IN MUNICIPAL ELECTIONS.
Absentee balloting is hereby authorized for all municipal elections held in and for the city. The procedures for absentee balloting shall be established by and conducted by the county election board and conform to the laws of the state and to the charter of the city. (Ord. No. 671, 2/23/82)
CHAPTER 2
COUNCIL
Section 2-201 Meetings; quorum.
Section 2-202 President.
Section 2-203 Resignation of members.
Section 2-204 Absence of members.
Section 2-205 Vacancy.
Section 2-206 Transaction of business.
Section 2-207 Power to alter.
Section 2-208 Compensation.
SECTION 2-201 MEETINGS: QUORUM.
A. Regular meetings of the council shall be held in the Goldie Barnett Conference Room at the Seminole Public Library on the second Tuesday of each month following the regular meeting of the Seminole Utilities Authority. Special meetings may be called by the Mayor or by the acting mayor, upon request or notice, in writing, signed by at least three (3) members of the council, specifying the object and purpose of the meeting which shall be read at the meeting and entered at length in the journal. No business shall be transacted at the meeting except that specified in the request. (Ord. 806)
B. In all cases, it shall require a majority of the councilmembers elected to constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as the council may have previously prescribed. (Prior Code, Sec. 2.04.010; Ord. No.527, 11/13/73)
Charter Reference: Similar provisions, Section 4-I of the charter.
State Law Reference: Open meeting act, requirements, 25 0.5. Sections 301 et seq.
SECTION 2-202 PRESIDENT.
The council shall elect one of its own body who shall be styled the president
of the council, and who shall preside at all meetings of the council in the
absence of the
mayor. In the absence of the president, the council shall elect one of its own
body to occupy the place temporarily, who shall be styled acting president of
the council. The president and acting president, when occupying the place of
mayor shall have the same privileges as other members of the council, and all
acts of the president or acting president, while so acting, shall be as binding
upon the council and upon the city as if done by the mayor. (Prior Code, Sec.
2.04.020)
Charter Reference: Similar provisions, Section 4-2 of the charter.
SECTION 2-203 RESIGNATION OF MEMBERS.
The resignation of any member of the council shall be addressed in writing to the presiding officer of the council, and shall not take effect until accepted by a majority vote of the members present. (Prior Code, Sec. 2.04.030)
Charter Reference: Similar provisions, Section 4-3 of the charter.
SECTION 2-204 ABSENCE OF MEMBERS.
If the mayor or any councilman shall be absent, without excuse, from more than one-half (1/2) of all the meetings of the council, regular and special, held within any period of four (4)consecutive calendar months, he shall thereupon cease to hold office. (Prior Code, Sec. 2.04.040 in part).
Charter Reference: Similar provisions, Section 4-8 of the charter.
SECTION 2-205 VACANCY.
In case of a vacancy, the mayor shall appoint, with the consent of the council, a person residing in the ward in which the vacancy occurs, who shall hold office for the unexpired term. (Prior Code, Sec. 2.04.050).
Charter Reference: Similar provisions, Section 44 of the charter.
SECTION 2-206 TRANSACTION OF BUSINESS.
Council meetings shall be conducted according to Robert's Rules of Order and the order of business shall be as follows:
1. Roll call;
2. Reading of journal;
3. Claims;
4. Petitions and communications;
5. Reports of city officers;
6. Reports of standing committees;
7. Reports of special committees;
8. Ordinances and regulations;
9. Unfinished business; and
10. Adjournment.
(Prior Code, 2.04.060)
SECTION 2-207 POWER TO ALTER.
The mayor and council shall have the power by order of resolution properly entered upon the journal by the clerk to consolidate any offices or employment, to transfer powers and duties from one office to that of another, to create new offices or employment, to abolish and to do away with any office or employment in the interest of economy and efficiency in the administration of the affairs of the city. All officers and employees of the city are charged with notice of the provisions of this section and their acceptance of the office or employment shall, at the time of acceptance and at all times thereafter, be subject to the exercise of this power at the will of the mayor and council. (Prior Code, Sec. 2.04.070)
Charter Reference: Council powers, Section 4-5 of the charter.
SECTION 2-208 COMPENSATION.
The councilmembers, who are elected or appointed, shall receive as compensation such sums as provided by ordinance of the mayor and the city council and included in the annual appropriations. (Prior Code, Sec. 2.04.080)
Charter Reference: Power of mayor and council to set compensation of elective officers by ordinance, Section 2-2 of the charter.
State Law Reference: Changes in salary not to be effective until after term, Constitution, Article 23, Section 10.
CHAPTER 3
MAYOR
Section 2-301 Presiding officer.
Section 2-302 Commission signing; bond approval.
Section 2-303 Warrant signing.
Section 2-304 Veto power.
Section 2-305 Reports.
Section 2-306 Enforcement power.
Section 2-307 Call upon citizens for aid.
Section 2-308 Remit fines.
Section 2-309 Vacancy filling.
Section 2-310 Power of appointment.
Section 2-311 Compensation.
SECTION 2-301 PRESIDING OFFICER.
The mayor shall preside at all meetings of the council and shall have a casting vote when the council is equally divided, and shall take care that the provisions of this code are complied with. (Prior Code, Sec. 2.06.010)
Charter Reference: Similar provisions, Section 3-I of the charter.
SECTION 2-302 COMMISSION SIGNING: BOND APPROVAL.
The mayor shall sign the commissions and appointments of all officers elected or appointed and endorse the approval of all official bonds approved by the mayor and council. (Prior Code, Sec. 2.06.020)
Charter Reference: Similar provisions, Section 3-2 of the charter.
SECTION 2-303 WARRANT SIGNING.
The mayor shall sign all orders and warrants drawn upon the treasurer for money. (Prior Code, Sec. 2.06.030)
Charter Reference: Similar provisions, Section 3-3 of the charter.
SECTION 2-304 VETO POWER.
The mayor shall have the power to sign or veto any city ordinance passed by the council; provided, that any ordinance vetoed by the mayor may be passed over his veto by a vote of two-thirds (2/3) of all the members of the council, notwithstanding the veto. Should the mayor neglect or refuse to sign any ordinance or return the same with his objections in writing at the next meeting of the council, the same shall become law without his signature. (Prior Code, Sec. 2.06.040)
Charter Reference: Similar provisions, Section 34 of the charter.
SECTION 2-305 REPORTS.
The mayor shall, when he deems it necessary, require any officer of the city
to exhibit his accounts, or other official papers, and to make a report to the
council in writing, touching any subject matter pertaining to his office, and if
any officer upon such accounting is found a defaulter, he shall be removed by
the mayor and city council.
(Prior Code, Sec. 2.06.050)
SECTION 2-306 ENFORCEMENT POWER.
The mayor shall be active and vigilant in enforcing all of the provisions of this code. He shall have such jurisdiction as may be vested in him by the provisions of this code over all places within five (5) miles of the city limits for the enforcement of any health, quarantine, cemetery or waterworks regulations. (Prior Code, Sec. 2.06.060)
SECTION 2-307 CALL UPON CITIZENS FOR AID.
The mayor is authorized to call upon every inhabitant in the city to aid in enforcing the laws. (Prior Code, Sec. 2.06.070)
Charter Reference: Similar provisions, Section 3-5 of the charter.
SECTION 2-308 REMIT FINES.
The mayor shall have the power to remit fines and forfeitures and to grant reprieves and pardons for offenses arising under the provisions of this code, by and with the consent of the council; but no fine or forfeiture shall be remitted or pardon granted, except at a session of the council, nor unless the reasons therefor, together with the order of remission or pardon, are entered on the journal by the clerk. He shall also have the power to suspend all city officers against whom charges of incompetency or dereliction of duty are preferred, until the mayor and councilmen take action on the same. (Prior Code, Sec. 2.06.080)
SECTION 2-309 VACANCY FILLING.
When any vacancy happens in the officer of mayor, the president of the council, for the time being, shall exercise the duties of the office of mayor, until the vacancy is filled. In case of a vacancy in the office of mayor more than six (6) calendar months prior to the next election, the person acting as mayor shall cause an election to be held, giving ten (10) days' notice thereof by proclamation. (Prior Code, Sec. 2.06.090)
Charter Reference: Similar provisions, Section 3-6 of the charter.
SECTION 2-310 POWER OF APPOINTMENT.
The mayor shall appoint, by and with the consent of the council, all officers and board and commission members whose appointments are not otherwise provided for by the charter or by ordinance or law. Whenever a vacancy happens in any office which by law he is empowered to fill, he shall, within thirty (30) days after the happening of such vacancy, communicate to the council the name of his appointee to the office, and pending the concurrence of the council in such appointment, the mayor may appoint some suitable person to discharge the duties of office until the next meeting of the council. The officers so appointed shall hold their offices until their successors are chosen and qualified unless sooner removed. (Prior Code, Sec. 2.06.100) Charter Reference: Similar provisions, Section 3-7 of the charter.
SECTION 2-311 COMPENSATION
The mayor shall receive for his services such sums as provided by ordinances of the mayor and city council and included in the annual appropriations. (Charter Ref: Mayor and council to determine compensation of elective officers, Section 2-2 of the charter. State Law Ref: Changes in salary of elective officers not to be effective until expiration of term, Constitution, Article 23, Section 10.)
CHAPTER 4
CITY MANAGER
Section 2-401 City manager; appointment.
Section 2-402 Powers and duties.
Section 2-403 Removal of manager.
SECTION 2-401 CITY MANAGER: APPOINTMENT.
The city manager shall be nominated by the mayor for an indefinite term and shall be elected by a vote of at least six (6) members of the city council. The manager shall be chosen solely on the basis of his executive and administrative qualifications. (Prior Code, Sec. 2.05.010) Charter Reference: Section 6-1 of the charter provides for manager's appointment and qualifications.
SECTION 2-402 POWERS AND DUTIES.
The city manager shall be chief administrative officer and head of the administrative branch of the city government. He shall be responsible to the mayor and council for the execution of laws and ordinances and administration of the government of the city. He shall have such powers and duties as are provided by charter, law or applicable ordinance or resolution. (Prior Code, Sec. 2.05.020) Charter Reference: Section 6-2 of the charter spells out powers and duties.
SECTION 2-403 REMOVAL OF MANAGER.
The council may suspend or remove the city manager at any time by a vote of a
majority of all its members. The mayor shall give him a written statement of the
reason for removal at least fourteen (14) days before removal becomes final, and
on request shall give him an opportunity for a public hearing thereon after the
expiration of such time before removing him. Sec. 2.05.030)
Charter Reference: Section 6-1 of the charter provides for removal.
CHAPTER 5
ATTORNEY
Section 2-501 Appointment.
Section 2-502 Duties.
Section 2-503 Ordinance drawing.
Section 2-504 Prosecution of complaints.
Section 2-505 Records; reports.
Section 2-506 Compensation.
SECTION 2-501 APPOINTMENT.
There is created the office of attorney, who shall be appointed by the mayor with the consent of the council. He shall be of good moral character and licensed to practice law by the state. (Prior code, Sec. 2.08.010)
SECTION 2-502 DUTIES.
It is the duty of the attorney to advise the council and all city officers in the performance of their duties. He shall appear, prosecute and defend in courts of record all actions wherein the city is a party. He shall be allowed his actual and necessary traveling and hotel expense while outside the city on business for the city, upon direction of the council, and this expense shall be in addition to his regular retainer as fixed by the council. He shall perform such other professional services as may by required of him by the council. (Prior Code, Sec. 2.08.020)
SECTION 2-503 ORDINANCE DRAWING.
The attorney shall draw such ordinances as may be required of him by the council or by any committee thereof. He shall draw the leases, deeds and papers connected with the finance department and all contracts for any of the other departments of the city when so required by the council. (Prior Code, Sec. 2.08.030)
SECTION 2-504 PROSECUTION OF COMPLAINTS.
When requested to do so by the mayor, judge or chief of police, the attorney shall appear in police court and prosecute complaints for offenses against the provisions of this code or other laws of the city, but he shall not be required to prosecute such actions unless the same are instituted upon complaint of some city officer. (Prior Code, Sec. 2.08.040)
SECTION 2-505 RECORDS: REPORTS.
Upon request of the council, the attorney shall report to it the status of any litigation in which the city is a party with such detailed explanation as they may request, and the status of any and all other matters of city business pending in the office of the attorney. (Prior Code, Sec. 2.08.050)
SECTION 2-506 COMPENSATION.
The attorney shall draw a retainer to be set by the mayor and council, to
cover the usual and routine advice, correspondence and regular services
rendered. Additional compensation may be authorized by the mayor and council for
appearances in courts of record, handling bond issues, and any other unusual
services, at the discretion of the mayor and council. (Prior Code, Sec.
2.08.060)
CHAPTER 6
CLERK
Section 2-601 Office requirements of clerk.
Section 2-602 Custody of city papers.
Section 2-603 Duties.
Section 2-604 Custody of city records.
Section 2-605 Preparation of commissions.
Section 2-606 Deliver communications.
Section 2-607 Certified copies.
Section 2-608 Filing responsibility.
Section 2-609 Custodian of city seal.
Section 2-610 Monthly reports.
SECTION 2-601 OFFICE REQUIREMENTS OF CLERK.
The city clerk shall be appointed by the city manager for an indefinite term. The clerk shall keep his office in the municipal building or as may be otherwise provided. He shall keep his office open every day, Monday through Friday, from 9:00 A.M. until 5:00 P.M., legal holidays excepted. He shall, in addition to the duties imposed by general law, perform such duties as may be imposed upon him by this code, the council or city manager. (Prior Code, Sec. 2.12.010)
Charter Reference: Appointment of city clerk, office, Section 7-1 of the charter.
SECTION 2-602 CUSTODY OF CITY PAPERS.
The clerk shall, after being duly qualified and sworn, take possession of all books, papers and all other property of the nature of records belonging to the city and to his office, and shall keep the same in a safe and convenient place, subject to the inspection of any citizen within office hours. (Prior Code, Sec. 2.12.020)
SECTION 2-603 DUTIES.
The clerk shall attend the meetings of the council, shall keep a correct and complete record of the meetings of the council, together with all claims against the city filed in his office. When claims have been duly allowed by the council, he shall draw warrants on the treasurer for same. He shall draw and issue all licenses that may be authorized by the provisions of this code or other laws of the city, and make a record of each license issued. (Prior Code, Sec. 2.12.030)
Charter Reference: Duties as clerk of council, Section 4-7 of the charter; other duties, Section 7-I of the charter.
SECTION 2-604 CUSTODY OF RECORDS.
The clerk shall permit no records, public papers or other documents of the city, kept and preserved in his office, to be taken therefrom except by such persons as may be entitled to the use of the same, and then only upon their leaving a receipt therefor. (Prior Code, Sec. 2.12.040)
SECTION 2-605 PREPARATION OF COMMISSIONS.
The clerk shall prepare all commissions of officers which the mayor is required to sign, and countersign the same, and affix the seal of the city thereto. He shall keep a complete record of all commissions issued, and of the official oaths and bonds of the city officers. (Prior Code, Sec. 2.1 2.050)
SECTION 2-606 DELIVER COMMUNICATIONS.
The clerk shall, without unnecessary delay, deliver to the officers of the city, and to all committees of the council, all resolutions and communications referred to those officers or committees by that body. He shall also, in the same manner, deliver to the mayor all ordinances or resolutions which may require the mayor's approval or other action to be taken by him. (Prior Code, Sec. 2.12.080)
SECTION 2-607 CERTIFIED COPIES.
The clerk shall furnish certified copies of all ordinances hereafter passed by the council, and shall preserve the original in his office. He shall be obliged to furnish written copies of ordinances or other papers for the use of any city officer without charge, attest any copy of paper or document of record presented by him, and affix the seal of the city thereto. (Prior Code, Sec. 2.12.090)
SECTION 2-608 FILING RESPONSIBILITY.
The clerk shall endorse the date of filing, together with an abstract of its contents upon every paper or document filed in his office. All books and records kept by him shall be fully and properly indexed. (Prior Code, Sec. 2.12.090)
SECTION 2-609 CUSTODIAN OF CITY SEAL.
The clerk shall be the custodian of the city seal and shall affix the same to all documents requiring the same. (Prior Code, Sec. 2.12.110)
SECTION 2-610 MONTHLY REPORTS.
The clerk shall make monthly reports to the mayor and council at the first regular monthly meeting and at such other times as they may require, giving in detail a statement of all receipts and disbursements of money belonging to the city. (Prior Code, Sec. 1.12.120)
CHAPTER 7
TREASURER
Section 2-701 Office, duties.
Section 2-702 Accounts responsibility.
Section 2-703 Reports required.
Section 2-704 Monthly records submittal.
SECTION 2-701 OFFICE DUTIES.
The treasurer shall be appointed by the city manager for an indefinite term. The treasurer shall receive all moneys due the city from any and all sources, except such as are received by other officers by them paid to the treasurer, and pay out the same on warrant order by the council, drawn, signed and attested by the clerk with the city seal attached and signed by the mayor and not otherwise except for payment of bonds, interest coupons and investments. At the expiration of his term of office he shall deliver to his successor all moneys, books, papers and records connected with his office. (Prior Code, Sec. 2.16.010)
Charter Reference: Treasurer appointment, duties, Section 7-2 of the charter.
SECTION 2-702 ACCOUNTS RESPONSIBILITY.
The treasurer shall keep the cash accounts of the city in a book to be kept for that purpose; which book must clearly and fully show all moneys received and disbursed by him in behalf of the city, setting forth the date of receipt, from whom received, the date of disbursement, to whom disbursed and the amount of the disbursement, and for what and on what account the same was received and disbursed. The treasurer shall issue to every person from whom he receives money a receipt therefor, which shall show the fund to which the money is to be applied, the purpose of the collection and one copy of the receipt shall be retained by the treasurer, and a copy thereof furnished to the clerk. (Prior Code, Sec. 2.16.020)
SECTION 2-703 REPORTS REQUIRED.
It is the duty of the treasurer, at the end of each month, to report to the council, a statement of the financial transactions of his office for the month ending; which statement shall be in writing, and under his oath and shall set forth clearly and fully:
1. The balance in the treasury at the beginning and at the end of the month;
2. The amount received during the month and on what account received and to what fund applied;
3. The amount disbursed during the month and on what account disbursed and to what fund charged;
4. The amount of warrants redeemed during the month and on what account drawn;
5. The amount of bonds and interest coupons redeemed during the month;
6. The amount of warrants and securities purchased by him with the sinking fund with a list hereof attached;
7. The amount that has been credited to the respective funds which are or may hereafter be provided for by the council; and
8. The amount of interest, or money received by him, from any person, bank or corporation, for the use, control or deposit of the city funds in his charge, together with the amount of interest earned on warrants purchased with the sinking fund.
(Prior Code, Sec. 2.1 6.040)
SECTION 2-704 MONTHLY RECORDS SUBMITTAL.
The treasurer shall, on the last business day of each month, turn over to the clerk all the canceled indebtedness and vouchers of every nature received by him during the month, taking the clerk's receipt therefor. (Prior Code, Sec. 2.1 6.050)
CHAPTER 8
OFFICERS AND EMPLOYEES GENERALLY
ARTICLE A
GENERAL PROVISIONS
Section 2-801 Appointive officers; generally.
Section 2-802 Appointive officers; compensation.
Section 2-803 Leave of absence.
Section 2-804 Oath required.
Section 2-805 Bond.
Section 2-806 Delivery of successor.
Section 2-807 Personal gain prohibited.
ARTICLE B
PERSONNEL BOARD AND REGULATIONS
Section 2-821 General provisions.
Section 2-822 Classified and unclassified service.
Section 2-823 Administrative authority.
Section 2-824 Personnel board created, duties.
Section 2-825 Rules adoption
Section 2-826 Job classification plan.
Section 2-827 Pay plan.
Section 2-828 Probation period.
Section 2-829 Hours of work; leaves of absence.
Section 2-830 Separation; appeal; hearing.
Section 2-831 Records required.
Section 2-832 Investigations; hearings.
Section 2-833 General prohibitions.
ARTICLE A
GENERAL PROVISIONS
SECTION 2-801 APPOINTIVE OFFICERS: GENERALLY.
The appointive officers of the city shall be a city manager, a fire chief, a police chief, a city clerk, a city treasurer, a city attorney, a municipal judge and such other officers as the mayor and council deems necessary for the efficient operation of the business of the city. The city manager, city attorney and municipal judge shall be appointed by the mayor and council. All remaining officers and heads of departments shall be appointed by the city manager.
(Prior Code, Sec. 2.02.020)
SECTION 2-802 APPOINTIVE OFFICERS; COMPENSATION.
Appointive officers shall receive such compensation as may be set by the mayor and council by motion or by inclusion in the annual appropriation or budget.
SECTION 2-803 LEAVE OF ABSENCE.
Any officer other than the city manager desiring to be temporarily absent from duty shall comply with those merit rules and regulations adopted by the mayor and council.
SECTION 2-804 OATH REQUIRED.
All officers, elective and appointive, of the city, before entering upon the duties of their respective offices, shall take and subscribe to the oath or affirmation of office contained in the city charter. (Prior Code, Sec. 2.02.050)
SECTION 2-805 BOND.
The city manager, city clerk, city treasurer and any other officer or employee of the city so designated by the mayor and council shall be bonded in an amount approved by the mayor and council. (Prior Code, Sec. 2.02.060) Charter Ref. Similar prov. Sec.11-4 of the charter.
SECTION 2-806 DELIVERY TO SUCCESSOR.
Every officer and employee shall, upon going out of office or when employment ceases, deliver to his successor all books, papers, furniture, tools, equipment and other things pertaining to his office or employment. (Prior Code, Sec. 2.02.080)
SECTION 2-807 PERSONAL GAIN PROHIBITED.
No officer of this city, nor any deputy, clerk or employee, or any such officer, nor any servant or agent of this city, shall directly or indirectly, himself or by another, for his own or another's benefit, deal in the purchase of city warrants, bonds, contracts or other obligations of this city, or become personally interested in any contract with the city for his own benefit. (Prior Code)
ARTICLE B
PERSONNEL BOARD AND REGULATIONS
SECTION 2-821 GENERAL PROVISIONS.
This chapter shall be known as the personnel ordinance and it is the declared personnel policy of the city that:
1. Employment in the city government shall be based on merit and fitness,
free of personal and political considerations;
2. Just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operation of the city government;
3. Positions having similar duties and responsibilities shall be classified and compensated on a uniform basis;
4. Appointments, promotions and other actions requiring the applications of the merit principle shall be based on systematic tests and evaluations; and
5. Tenure of employees covered by this chapter shall be subject to good
behavior, the satisfactory performance of work, necessity for the performance of
work, and the availability of funds.
(Prior Code, Sec. 2.32.010)
Charter Reference: Personnel board, classified service, Section 11-1 of the
charter.
SECTION 2-822 CLASSIFIED AND UNCLASSIFIED SERVICE.
All offices and positions of the city are divided into the classified service and the unclassified service. The unclassified service shall include the following:
1. All elected officials and members of boards and commissions;
2. The city manager, city attorney, municipal judge and civil defense director;
3. Volunteer personnel and personnel appointed to serve without pay;
4. Consultants and counsel rendering temporary professional services; and
5. Such positions involving seasonal or part-time employment, or which
consist of unskilled work, as may be specifically placed in the unclassified
service by the
personnel rules.
B. The classified service shall include all other positions in the city service that are not specifically placed in the unclassified service by this chapter. All persons shall serve a probationary period of six (6) months before acquiring permanent status, except that sworn police officers and all members of the fire department shall serve a probationary period of one year before acquiring permanent status.
C. The council shall from time to time adopt classification and pay schedules for the classified service by ordinance or resolution. When, in the application of the compensation provisions adopted by the city, including those contained in the personnel manual, the rate of pay of a supervisor is the same as or less than that of any employee over which he has been assigned, such rate shall be adjusted by the city manager to the end that he shall at all times be paid at least one increment above such employee supervised. Regular employees shall be compensated at the rate of one and one-half (1-1/2) times the regular rate in compensatory time off or in cash under conditions approved by the city manager for each hour of necessary overtime worked beyond or in addition to the regularly scheduled work week. Part time or temporary employees shall be compensated at the regular rate. Classified positions above, but not including Grade Twelve (12), are not eligible for overtime payment. When, in the performance of official business, it is necessary for a regular employee to use personal equipment or supplies it shall be the responsibility of the city manager to set a reasonable compensation rate. The city manager shall also establish the rental charge for any regular employee residing in city-owned property as a condition of his employment. No salaried employee of the city shall receive as part of his compensation for employment any free or reduced rate for any service or utility furnished by the city.
D. Sections 2-821 to 2-835 of this code apply only to the classified service unless otherwise specifically provided. (Prior Code, Sec. 2.32.020; Ord. No. (479)
Cross reference: See listings of special Ordinances for most recent salary schedule and classification.
SECTION 2-823 ADMINISTRATIVE AUTHORITY.
The personnel program established by this chapter shall be administered by the city manager or a personnel director appointed by him to act on his behalf. The city manager shall attend all meetings of the personnel board, administer all the provisions of this chapter and of the personnel rules and prepare and recommend revisions and amendments to the personnel rules. (Prior Code, Sec. 2.32.030)
SECTION 2-824 PERSONNEL BOARD CREATED; DUTIES.
A personnel board shall be established composed of five (5) members, all of whom must be residents of the city, appointed by the mayor with the consent of the council. No member of the board shall be employed by or be an official of the city, nor shall be a member of any local, state or national committee of a political party or an official or member of a committee in any partisan political club or organization, nor shall hold or be a candidate for any elective office. Two (2) members shall serve a term of one year, two (2) for two (2) years, and one member for three (3) years. Vacancies occurring during a term shall be filled at the balance of the term. Members of the board shall serve without compensation, and the board shall elect its own chairman. In addition to the duties set forth elsewhere in this chapter, the board shall:
1. Advise the city manager and the city council on matters of personnel policy and problems of personnel administration, including the development of personnel rules, a job classification plan and a uniform pay plan;
2. Act as an appeal board of disciplinary actions taken under the provisions of the rules;
3. Make an inquiry which it may consider desirable concerning personnel administration in the city service, and make recommendations to the city manager or the council with respect thereto; and
4. Assist in developing safety standards for each department as approved by state safety codes for personnel and equipment.
(Prior Code, Sec. 2.32.040)
Charter Reference: Personnel board, Section 11-1 of the charter.
SECTION 2-825 RULES ADOPTION.
The city manager shall draft such rules as may be necessary to carry out the provisions of this chapter. Following a public hearing conducted by the personnel board, these rules shall be submitted for adoption by resolution of the council. The rules shall have the force and effect of law. Amendments to the rules shall be made in accordance with the above procedure. (Prior Code, Sec. 2.32.050)
SECTION 2-826 JOB CLASSIFICATION PLAN.
The city manager shall make an analysis of the duties and responsibilities of all positions in the classified service and he shall recommend to the council a job classification plan. Each position in the classified service shall be assigned to the end that all positions in the same class shall be sufficiently alike to permit use of a single descriptive title, the same qualifications, requirements, the same test of competence, and the same pay scale. A job class may contain one position or more than one position. (Prior code, Sec. 2.32.060)
SECTION 2-827 PAY PLAN.
The city manager shall prepare a pay plan and rules for its administration. The rate or range for each class shall be such as to reflect fairly the differences in duties and responsibilities and shall be related to compensation for comparable positions in other places of public and private employment. The city manager shall submit the pay plan and the rules for its administration to the council for adoption. The council may adopt the plan and the rules, with or without amendment. All amendments shall apply uniformly to all positions within the same class. After the pay plan and the rules for its administration have been adopted by the council, the city manager shall assign each job class to one of the pay ranges provided in the pay plan. The pay plan may be amended from time to time as circumstances require, either through adjustment of rates or by reassignment of job classes to different pay ranges. (Prior Code, Sec. 2.32.070)
SECTION 2-828 PROBATION PERIOD.
Employees in the classified service shall be subject to a period of probation normally lasting six (6) months, except that sworn police officers and members of the fire department shall be subject to a probation normally lasting one year. Longer or shorter periods of probation may be provided for certain positions by the personnel rules, but no probationary period may extend beyond twelve (12) months. A person who is removed or demoted during the probationary period because of failure to meet the standards established does not have the right of review or appeal. An employee shall be retained beyond the end of the probationary period and granted permanent status only upon the recommendation of the appointing authority. (Prior Code, Sec. 2.32.100)
SECTION 2-829 HOURS OF WORK: LEAVES OF ABSENCE.
Rules shall be adopted prescribing hours of work and the conditions and
length of time for which leases of absence with pay and leaves of absence
without pay may be granted. These shall cover, among others, vacations, sick
leaves and leaves for military service.
(Prior Code, Sec. 2.32.110)
SECTION 2-830 SEPARATION: APPEAL: HEARING.
The tenure of every employee shall be conditioned on good behavior and the satisfactory performance of duties. Any employee may be temporarily separated by layoff or suspension or permanently separated by resignation or dismissal. Any officer or employee in the classified service who is laid off, suspended without pay for more than ten (10) days, demoted or removed after a probationary period of six (6) months may appeal to the personnel board. As soon as practicable after the appeal, the board shall hold a hearing thereon and shall report in writing its findings, and recommendations, in case of subordinates of the city manager, to the city manager, and 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 political reason or reasons or for any other reason or reasons other 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. Any employee may resign by filing his reasons with the appointing authority, and an employee so resigning may be reinstated to any position in the same class if there is need for his services within two (2) years after date of resignation. (Prior Code, Sec. 2.32.120)
SECTION 2-831 RECORDS REQUIRED.
The city manager shall cause to be maintained adequate records of the proceedings of the personnel board and of his own official acts, the examination record of every candidate, and the employment record of every employee. (Prior Code, Sec. 2.32.130)
SECTION 2-832 INVESTIGATIONS: HEARINGS.
During the course of any investigation or hearing the personnel board or the manager may request any employee of the city to attend and give witness. employee refusing to do so may be subject to disciplinary action as provided in code. (Prior Code, Sec. 2.32.140)
SECTION 2-833 GENERAL PROHIBITIONS.
Employees in the classified service shall be selected without regard to political considerations, may not be required to contribute to any political purpose, and may not engage in improper political activity. There shall be no discrimination against any person seeking employment or employed in the classified service because of any considerations of political or religious affiliation or belief, or race, sex or marital status. (Prior Code, Sec. 2.32.150)
CHAPTER 9
RETIREMENT AND PENSIONS
ARTICLE A
FIREFIGHTERS PENSION FUND
Section 2-901 Fire pension and retirement board.
Section 2-902 Fund to be operated in accordance with law.
ARTICLE B
POLICE PENSION SYSTEM
Section 2-910 Police pension board of trustees.
Section 2-911 Fund to be operated in accordance with law.
ARTICLE C
EMPLOYEE RETIREMENT SYSTEM
Section 2-920 Employee retirement system created.
Section 2-921 Administration.
Section 2-922 Fund.
Section 2-923 Appropriations.
Section 2-924 Execution.
Section 2-925 Conflicting laws.
ARTICLE A
FIREFIGHTERS PENSION FUND
SECTION 2-901 FIRE PENSION AND RETIREMENT BOARD.
There is hereby created a local firefighter's pension and retirement board composed of the mayor, the clerk, the treasurer and three (3) members from the fire department. The board shall have the membership, organization, powers, duties and functions as prescribed by Sections 49-103 et seq. of T