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. |