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Article 4 The Mayor

City Charter Article

Section 2-401 Duties.

[Ch. 1903, sec. 147; rev. 1914, sec. 59; 1928 pub., sec. 59; 1942 recod., sec. 2-301; rev. Nov. 6, 1962; amended November 8, 2022, effective January 1, 2025.]

  1. The Mayor has the following responsibilities: 
  2. (a) Advance the City’s core values of anti-racism, equity, transparency, communication, collaboration and fiscal responsibility. 
  3. (b) Advance the City’s efforts to mitigate the human-made climate crisis and prioritize environmental justice initiatives. 
  4. (c) Exercise a careful supervision over the general affairs of the City. 
  5. (d) Introduce such matters as the Mayor deems necessary to come before the Council. The Mayor has the same authority to introduce matters as a Councilor. 
  6. (e) Vote on matters before the Council in case of a tie, when the Mayor casts the deciding vote. 
  7. (f) Appoint the City Administrator, subject to Council confirmation, and give direction to the Administrator. The Mayor may remove the Administrator and must advise the Council before removal. The Council may remove the Administrator for cause by the affirmative vote of at least nine (9) Councilors. If the office of the Administrator is vacant, the Mayor must fulfill the duties of the Administrator until the office is filled. 
  8. (g) Appoint, subject to Council confirmation, the City Attorney and the Chief of Police. The Mayor may remove the City Attorney and the Chief of Police. 
  9. (h) Submit a proposed annual budget, and periodic amendments throughout the year. The Mayor must, at the time of the submission of the budget, submit a general statement of the conditions of the affairs of the City, the goals of the administration, and recommendations of such measures as the Mayor may deem expedient and proper to accomplish such goals. 
  10. (i) Annually, appear before the Council to deliver a general address on the State of the City. 
  11. (j) Authorize, negotiate and execute all contracts and intergovernmental agreements, consistent with the City budget. 
  12. (k) Encourage programs for the physical, economic, social and cultural development of the City. 
  13. (l) Actively promote economic development to broaden and strengthen the commercial and employment base of the City. 
  14. (m) Serve as ceremonial head of the City and issue ceremonial proclamations. 
  15. (n) All other executive and administrative powers not conferred elsewhere by this Charter.

Section 2-402 Investigation of and Suits to Cancel Franchises.

[Ch. 1903, sec. 151; rev. 1914, sec. 60; 1928 pub., sec. 60; 1942 recod., sec. 2‑302; rev. Nov. 6, 1962; amended by Ordinance 190204, effective December 18, 2020.]

  1. The Mayor may, on the Mayor’s own motion, and must upon a resolution passed by the Council directing the Mayor so to do, cause to be instituted on behalf of the City such actions or proceedings as may be necessary to revoke, cancel or annul all franchises that may have been granted by the City to any person, company or corporation, which have been forfeited in whole or in part or which for any reason may be irregular and void and not binding upon the City, and the City Attorney, upon the Mayor's demand, must institute and prosecute the suits or actions required to enforce the provisions of this Section.  Each Mayor taking office under this Charter shall cause a careful investigation to be made of the exact condition of all franchises theretofore granted by the City, and of the respective rights and obligations of the parties, and the performance of the same.  

Section 2-403 Investigation of Offices.

[Ch. 1903, sec. 152; rev. 1914, sec. 61; 1928 pub., sec. 61; 1942 recod., sec. 2‑303; rev. Nov. 6, 1962; amended by Ordinance 190204, effective December 18, 2020.]

  1. The Mayor may at any time, with or without notice, investigate in person, or through one or more competent persons appointed by the Mayor for the purpose, the offices and accounts of any department of the City or of any employee, and the official acts and conduct of any official or employee in the administrative service of the City, and the money, securities and property belonging to the City in the possession or charge of such department, officer or employee.  For the purpose of ascertaining facts in connection with these examinations, the Mayor shall have full power to compel the attendance and testimony of witnesses, to administer oaths, and to examine such persons as the Mayor may deem necessary, and to compel the production of books, papers, and other evidence.  Willful false swearing in such investigations and examinations shall be perjury, and punishable as such.  The expense of any such investigation shall be paid out of the General Fund, in the same manner as other claims against the City are paid.  The result of all such examinations and investigations shall be reported to the Council, and such report be filed with the Auditor.  

Section 2-404 Suspensions Pending Investigation.

[Ch. 1903, sec. 153; rev. 1914, sec. 62; 1928 pub., sec. 62; 1942 recod., sec. 2-304; rev. Nov. 6, 1962; amended November 8, 2022, effective January 1, 2025.]

  1. The Mayor shall have power to suspend, pending an official investigation, any officer of the City except Councilors or the Auditor for any official defalcation or willful neglect of duty or official misconduct. 

Section 2-405 Notification of Contract Violations.

[Ch. 1903, sec. 158; rev. 1914, sec. 63; 1928 pub., sec. 63; 1942 recod., sec. 2-305; rev. Nov. 6, 1962.]

  1. It shall be the duty of every officer and person in the employ or service of the City, when it shall come to such officer's or person's knowledge that any contract or agreement with the City, or with any officer or department thereof, or relating to the business of any office, has been or is about to be violated, forthwith to report to the Mayor all the facts and information within such officer's or person's possession concerning such matter. A willful failure so to do shall be sufficient cause for the removal of such officer or employee. The Mayor shall give a certificate on demand to any person reporting such facts and information that such person has done so, and such certificate shall be evidence in exoneration from a charge of neglect of duty in that respect. 

Section 2-406 The City Administrator.

[Section added November 8, 2022, effective January 1, 2025.]

  1. The City Administrator must be a person of demonstrated administrative ability with experience in a responsible, important executive capacity and must be chosen by the Mayor solely on the basis of executive and administrative qualifications. The Administrator’s salary is fixed by the Council. The Administrator is appointed for an indefinite term and has the following responsibilities: 
  2. (a) Advance the City’s core values of anti-racism, equity, transparency, communication, collaboration and fiscal responsibility.
  3. (b) Advance the City’s efforts to mitigate the human-made climate crisis and prioritize environmental justice initiatives. 
  4. (c) Proper and efficient administration of all City affairs.
  5. (d) Except for the City Attorney and the Chief of Police, appoint, reassign, discipline and remove all directors of bureaus and departments and all employees, consistent with all laws and collective bargaining agreements. The Administrator may delegate to directors the authority to appoint, discipline and remove subordinate employees.
  6. (e) Execute and enforce all laws adopted by Council.
  7. (f) Attend meetings of the Council, and its committees, and such meetings of boards and commissions as the Administrator chooses.
  8. (g) Investigate affairs of the City under the Administrator’s supervision, including any contract for the proper performance of obligations running to the City within the Administrator’s jurisdiction.
  9. (h) Control and administer the financial affairs of the City. The Administrator may appoint a Budget Director to act under the Administrator’s direction.
  10. (i) Prepare an annual budget under the direction of the Mayor for the Mayor’s submission to the Council.
  11. (j) Prepare and submit to the Council such reports as it may require.
  12. (k) Keep the Council at all times fully advised as to the financial condition and needs of the City.
  13. (l) Prescribe such general rules and regulations as the Administrator may deem necessary or expedient to the general conduct of the administrative departments under the Administrator’s jurisdiction. The Administrator may delegate rulemaking authority to other bureau directors.
  14. (m) Perform such other duties as may be directed by the Mayor or prescribed by this Charter or by City Code.

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