Charter: Article II
The Council (cont.)

Section 2.7. Appointment and removal of city manager

The council shall appoint an officer who shall have the title of city manager and who shall have the powers and perform the duties provided in this Charter. No councilmember shall receive such appointment during the term for which he or she shall have been elected or within one year after the expiration of his or her term. The appointment of the City Manager shall be for an indefinite term, and he may be suspended by a resolution which shall set forth the reasons for his suspension and proposed removal. A copy of such resolution shall be served immediately upon the city manager. The city manager shall have fifteen (15) days in which to reply thereto in writing, and, upon his request, he shall be afforded a public hearing, which shall occur not earlier than ten (10) days nor later than fifteen (15) days after such hearing is requested. After the public hearing, if one be requested, and after full consideration, the council by majority vote of its members may adopt a final resolution of removal.

Approved by vote of the people April 1, 1986.

Section 2.8. Prohibition of interference

Neither the council nor any of its members shall direct or request the appointment of any person to, or his removal from, office by the city manager or by any of his subordinates, or in any way interfere with the appointment or removal of officers and employees in the administrative service of the city. Except for the purpose of inquiry, unless specifically otherwise provided in this Charter, the council and its members shall deal with the administrative officers and services solely through the city manager, and neither the council nor any member thereof shall give orders to the subordinates of the city manager, either publicly or privately. Any councilmember violating the provisions of this Section shall forfeit his office. Whether such violation has occurred shall be determined by the members of the council, and their decision shall be final.

Approved by vote of the people April 1, 1986.

Section 2.9. City Clerk

The council shall elect an officer who shall have the title of city clerk. He shall keep the journal of its proceedings and authenticate by his signature all ordinances and resolutions and record them in full in a book kept for that purpose. He shall perform such other duties as may be required by statute, by this Charter, or by the council. The city clerk shall hold office at the pleasure of the council.

Section 2.10. Creation of new departments or offices; change of duties

The council by ordinance may create, change, and abolish offices, departments, or agencies, other than the offices, departments and agencies established by this Charter. The council by ordinance may assign additional functions or duties to offices, departments or agencies established by this Charter, but may not discontinue or assign to any other office, department, or agency any function or duty assigned by this Charter to a particular office, department or agency, except as otherwise provided in this Charter.

Section 2.11. Meetings

The council shall meet regularly and especially at such times as prescribed by its rules, but not less frequently than once each month. All meetings of the council shall be open to the public, except city council may close such meetings when provided for by state law. The first meeting of each newly elected council, for induction into office, shall be held at the time which the election returns are officially confirmed in accordance with Section 13.7 of this Charter.

Approved by vote of the people February 6, 1979.

Section 2.12. Legislative proceedings

In the transaction of legislative business, whenever the council shall act by ordinance, the following procedure shall be used: Every ordinance shall be by bill, which shall be written or printed form, and the enacting clause shall be "BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SPRINGFIELD." No bill, except those making appropriations and those codifying or rearranging existing ordinances, shall relate to more than one subject, which shall clearly be expressed in the title. Ordinances making appropriations shall be confined to the subject matter of the appropriation. Except as otherwise authorized herein, all bills shall either be read by title two times before final passage, not more than one of which shall be at the same legislative session; and at least one week shall elapse between introduction and final passage, except as otherwise provided herein. Emergency bills, bills pertaining to public improvement projects for which tax bills are to be issued, and any other council bill that may be acted upon at the same city council meeting under provisions of this Charter shall be required to be read or printed in the city council agenda only one time by title provided the reading or printing of such bill by title shall take place at the meeting at which final action is taken on the bill. The printing of the title of the bill shall constitute a separate reading of the bill each time it is printed in the city council agenda.

Approved by vote of the people November 5, 1985.

An ordinance may be passed as an emergency measure on the day of the introduction of the bill if it contains the statement that an emergency exists and specifies distinctly the facts and reasons constituting the emergency. No ordinance granting, enlarging, or affecting any franchise shall be passed as an emergency measure. The emergency procedure shall be restricted to the following:

  1. Bills concerning the immediate preservation of public peace, property, health, safety, or morals.
  2. An appropriation for payment of principal or interest of the public debt.
  3. An appropriation for the payment of current expenses of the city government or payment of compromise settlement of damage claims upon recommendations of the city attorney.
  4. Calling an election or providing for the submission of a proposal to the people.
  5. Any ordinance fixing any tax rate or assessment.
  6. Any ordinance relating to the public improvement to be paid for by special assessment.

Either the vote of two-thirds of the members of the council or the unanimous vote of those members present, whichever is the lesser, shall be required to pass an ordinance as an emergency measure.

Every bill introduced shall be filed with the city clerk on the day of its first reading and shall remain on file in his office for public inspection until it is finally adopted or fails of passage. Prior to the final passage of any bill, other than an emergency bill all persons interested therein shall be given an opportunity to be heard before the council, in accordance with such rules and regulations as the council may adopt. After the second reading of any bill and compliance with the other provisions herein, the council shall make an amendment which constitutes a change in substance, the bill as amended shall be filed in the office of the city clerk for one additional week, and an opportunity afforded for further public hearing, after which final action may be taken thereon.

An ordinance, when passed by the council, shall be signed by the presiding officer and attested by the city clerk; it shall be immediately filed and thereafter preserved in the office of the city clerk; and, except as otherwise provided herein, shall be subject to the referendum provided in Article XIV of this Charter. Unless otherwise specified, every ordinance shall become effective thirty (30) days after its final passage. If an ordinance be submitted at a referendum election or as a result of an initiative petition, it shall become effective upon the declaration by the council, after canvassing the election returns, that it has received the favorable vote of a majority of those voting thereon.

Approved by vote of the people June 11, 1974.


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