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CITY COUNCIL OF THE CITY OF ANNAPOLIS

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CHARTER AMENDMENT NO. CA-09-09 Introduced by Alderman Cordle LEGISLATIVE HISTORY First Reading:

Public Hearing:

Fiscal Impact Note:

02/16/10

10/12/09

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Referred to: Rules and City Gov’t

120 Day Rule:

Meeting Date:

Action Taken:

A RESOLUTION concerning City Manager Form of Government FOR the purpose of establishing a city manager form of government by defining the appointment, powers and responsibilities of the city manager as chief executive of the City; reforming the office and duties of the Mayor; reforming the appointment and duties of the city attorney; and, clarifying the role of the City Council.

BY

************ repealing and reenacting with amendments the following portions of the City Charter: Article I, Section 2 Article IV, Section 2 Article IV, Section 3 Article V, Section 1 Article VI, Section 2 Article VII, Section 2

BY

repealing the following portions of the City Charter: Article V, Section 4 Article VI, Section 2B

BY

creating new the following portion of the City Charter: Article VI, Section 5 *************

SECTION I: BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY

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COUNCIL that the Charter of the City of Annapolis shall be amended as follows: Article I, Section 2. Exercise of general powers. The power of the city shall be exercised solely by the mayor, the city council, and the city manager the commissions, boards, and committees and by the officers, agents and employees of the city acting under and by virtue of their respective authority as provided by law. The power of the City may be delegated to an exercised by subordinate appointed personnel and public bodies as allowed by law. Article IV, Section 2. General powers and duties. (a) The city council shall be the legislative body of the City of Annapolis vested with the power to enact laws. The city council shall have the authority to enact all laws necessary or convenient for the exercise of the powers granted to the City of Annapolis for the proper functioning of the government of the city and for enforcement of these laws. The City Council shall be the legislative and policy making body of the City government. Policy shall be made by the adoption of charter amendments, ordinances, and resolutions under the Home-Rule and other powers conferred on the City of Annapolis by the Constitution and Laws of the State of Maryland. The City Council shall have final approval of operational and capital improvement budgets and any modifications to those budgets. Except as otherwise provided by the city council, all laws adopted by the council shall take effect upon the date of adoption. (b) The city council shall sit as the planning and zoning authority of the city, except for those functions delegated to the board of appeals, the planning commission or to the planning and zoning director. (c) The city council shall perform such other functions as specified in this Charter or by ordinance, or as conferred upon local governing bodies by the laws of the State of Maryland. (d) Except for the purpose of inquiries and investigations, the City Council or its members shall deal with City officials and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately. (e) The aldermen/alderwomen shall have staff as may be provided in the annual budget. The selection, direction, and dismissal of such staff shall be governed by ordinance. Article IV, Sec. 3. Chairman Presiding officer. The mayor shall be the chairman presiding officer of the city council and shall preside at all Council meetings, shall be a voting member of the Council, and shall perform such other City Council-related duties as may be specified.

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Article V, Section 1. Chief executive officer Role and staff of Mayor. A. The mayor shall be the chief executive of the city; shall be the immediate supervisor of the city administrator; facilitate communication and understanding between elected and appointed officials, including the city manager, and shall devote full time to the duties of the office. B. The office of the Mayor shall have support staff as is provided in the annual budget. Such staff shall be subject to the supervision of the Mayor. The Mayor may deal directly with the city attorney in legal and legislative matters. Article V, Section 2. Powers and duties Duties of the Mayor. The mayor may take the acknowledgment of any deed or instrument; shall sign all ordinances, charter amendments, resolutions and instruments; shall cause to be prepared annually an audited statement of the finances of the city as of the end of the preceding fiscal year; may call upon any officer of the city entrusted with the receipt and expenditure of public money for a statement of officer's account; shall advocate plans that address demands for municipal services, enhance the quality of life, and strengthen the economic vitality of the city; shall be the principal representative of the city in official and ceremonial matters; shall develop and maintain intergovernmental relationships so as to ensure that the interests, goals and objectives of the city are fulfilled; shall supervise the city administrator; shall report to the city council annually on the state of the city, its finances and administrative activities; shall see that the actions of the city council are duly and faithfully executed; and shall perform such other executive duties as may be prescribed by this Charter or required by the ordinances and resolutions of the city council not inconsistent with this Charter or as may be necessarily implied from the powers and duties herein specified. A. The duties of the Mayor are to (1) be a leader in forming policy; (2) be the official representative of the City government in dealing with other public officials; (3) serve as the ceremonial head of the City government; (4) present to the City Council any suggested changes in the annual operating and capital improvement budgets as prepared by the city manager; and, (5) present an annual state of the City report. B. In addition to such other duties as may be provided in this Charter by law, the Mayor’s duties include preparation of the Council’s meeting agenda, subject to approval by the Council; submission of recommendations for legislation; except as otherwise provided by this Charter or State law, the appointment of members of boards and commissions; appointment of aldermen/alderwomen to City Council committees, subject to approval of the Council; referral of all proposed ordinances and charter amendments to the appropriate Council Committees; and, calling special meetings of the City Council and City Council work sessions. Article V, Section 4 . City attorney. The office of the mayor shall include the general counsel for the city who shall be known as the city attorney. The city attorney shall be appointed on the basis of his/her knowledge of municipal law and administration, shall be a member in good standing of

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the Bar of Maryland, shall have been actively engaged in the practice of law in the state of Maryland for at least five (5) years, and shall not maintain a private practice except to the extent authorized by the city council. Article VI, Section 2. Department directors--Duties generally, appointment; removal City manager; departments – general provisions; directors; appointment and compensation. A. Each department shall be administered by a director who shall be the appointing authority for that department, shall be responsible for the execution of the duties and responsibilities of the department; and, shall perform such other functions as are delegated from time to time by this Charter, by ordinance, or by the mayor. Each director shall confirmed by the city council. In referring a nominee for confirmation, the mayor shall describe the manner in which the nominee fulfills the qualification for the position as enumerated in this article and as may be established by ordinance not inconsistent therewith. A director may be removed from office by the mayor. The compensation of each director shall be fixed by the mayor according to the provisions of an executive pay plan adopted by ordinance. A. There shall be a city manager. 1. The city manager, who shall be the chief executive officer of the City, shall carry out policy directives of the City Council, and shall see that the ordinances of the City are faithfully executed. 2. The city manager shall be appointed by a majority vote of the City Council for an indefinite term, consistent with an employment agreement between the city manager and the City, and shall be responsible to the City Council. The city manager shall be, and during the manager’s tenure shall remain, a member in good standing of the International City/County Management Association (“ICMA”), have a minimum of eight (8) years of experience with city management, and have earned a graduate degree in public administration, business administration, or a related field. 3. The city manager is subject to termination from office by a majority vote of the City Council on a roll call vote at a duly called public meeting. Prior to the meeting, the city manager shall be given notice of the proposed action. At the meeting, the city manager shall be given the opportunity to speak. The removal of the city manager may begin with either recommendation from the Mayor or a petition for removal from at least four Council members. 4. The city manager shall devote full time to the duties of the office. 5. The terms and conditions of tenure and the compensation of the city manager shall be as established in an employment agreement between the City and the manager approved by the City Council. 6. The city manager shall have the following additional duties and powers: a. To appoint, suspend, demote, discipline, or remove all city employees and appointed administrative officers provided for under this Charter or by ordinance, except as otherwise provided in this Charter;

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b. To transfer City employees from one department to another; to consolidate or combine offices; and, to designate departments, department head titles and positions under the manager’s jurisdiction; c. To direct and supervise the administration of all departments, offices, and agencies of the City, except as otherwise provided by the Charter or by law; d. To direct day-to-day operations of City government; e. To supervise the preparation of the City operating and capital improvement budgets; submission of these budgets to the Council, and provide on-going oversights of expenditures with recommendations for changes as warranted by current financial conditions; f. To conduct collective bargaining negotiations, subject to guidance established by the City Council; g. To assist the City Council in the formation of policy; h. To attend all City Council meetings and provide information and recommendations as requested by the City Council. However, the city manager shall not have a vote on any matter before the City Council; and i. To perform such other duties, not inconsistent with this Charter, as may be provided by ordinance or directed by the City Council from time to time. B. All departments, offices, and agencies under the direction and supervision of the city manager shall be administered by an officer appointed by and subject to the direction and supervision of the manager. With the consent of the City Council, the city manager may serve as the head of one or more such departments, offices, or agencies, or may appoint one person as the head of two or more. B C. Upon the occurrence of When a vacancy exists in the directorship of a department, the Mayor city manager shall promptly designate a qualified person to serve as acting director. An acting director may exercise all the powers of the director and enjoy the immunity accorded to the director. An acting director shall receive such compensation as determined by the Mayor city manager. However, if a directorship remains vacant for six months, no compensation may be paid to an acting director without the express consent of the Council. If a directorship remains vacant for an additional period of six months or more, further compensation for an acting director must be approved by the Council at every six month interval. D. When a vacancy exists in the position of city manager, the City Council shall promptly designate a qualified person to serve as acting city manager. The acting city manager may exercise all the powers of the city manager and enjoy the immunity accorded to the city manager. The acting city manager shall receive such compensation as determined by the City Council. However, if the position remains vacant for six months, no compensation may be paid beyond that time to the acting city manager without the further express consent of the City Council. Article VI Section 2B. City administrator. (a) There shall be a city administrator in the office of the mayor who shall be the chief administrative officer of the city. The city administrator shall be the direct subordinate of

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the mayor and the immediate supervisor of each department director. The city administrator shall serve as the supervising authority of the office of the mayor. (b) The city administrator shall be appointed by the mayor and confirmed by the city council solely on the basis of his/her knowledge, experience and training. The city administrator shall have had, prior to appointment, an advanced degree in business or public administration from an accredited college or university and at least five years' experience in public administration; or an equivalent combination of education and experience. The city administrator shall be thoroughly familiar with contemporary budgeting and accounting practices. (c) The city administrator shall devote full time to the duties of the office. (d) The compensation of the city administrator shall be fixed by the mayor according to the provisions of an executive pay plan adopted by ordinance. (e) The city administrator shall have the following additional powers and duties: (1) To exercise supervisory authority over the department directors; (2) To direct the operations of the city government; (3) To supervise the office of mayor at the direction of the mayor and to be responsible for the execution of the duties and responsibilities of the office of mayor; (4) To supervise the preparation of the city budget; (5) To assist the mayor in the formation of policy and the implementation of plans to address demands for municipal services, enhance the quality of life and strengthen the economic vitality of the city; (6) To perform such duties not inconsistent with this Charter as may be delegated by the mayor from time to time. Article VI, Section 5, City attorney. A. Appointment. There shall be a legal officer of the City, known as the city attorney, appointed by the City Council. B. Role. The city attorney shall serve as chief legal adviser to the Mayor, the City Council, the city manager, and all City department, offices, and agencies; shall represent the City in all legal proceedings; and, shall perform any other duties prescribed by State law, by this Charter, or by ordinance. C. Qualification. The city attorney shall be appointed on the basis of his/her knowledge of municipal law and administration; shall be a member in good standing of the Bar of Maryland; shall have been actively engaged in the practice of law in the State of Maryland for at least five (5) years; and, shall not maintain a private practice, except to the extent authorized by the City Council. Article VIII, Section. 2. Same--Excluded positions. All officials and employees of the city shall be included in the civil service except: (1) The mayor. (2) The aldermen. (3) The department directors and the health officer. (4) All persons employed by contract.

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(5) All persons performing part time, temporary or seasonal work. (6) All persons whose positions are funded by a source other than the city unless otherwise included for a period of time fixed by resolutions of the city council. (7) Members of boards, commissions and committees. (8) The city administrator manager. (9) All exempt service positions as established from time to time in Chapter 3.08 of the Annapolis City Code. SECTION II: AND BE IT FURTHER RESOLVED BY THE ANNAPOLIS CITY COUNCIL that the date of adoption of this Resolution is ______________, and the amendments of the Charter of the City of Annapolis, hereby enacted shall become effective on __________________, unless a proper petition for referendum hereon shall be filed as permitted by law within 40 days of adoption, provided a complete and exact copy of this Resolution shall be continuously posted on the bulletin board in the City Hall until _______________, and provided further that a copy of the title of this Resolution shall be published in "The Capital", a newspaper of general circulation in the City of Annapolis, or in any other newspaper of such general circulation, once in each of the weeks on _________________, __________________, ______________, and ________________. SECTION III: AND BE IT FURTHER RESOLVED BY THE ANNAPOLIS CITY COUNCIL that the Mayor is hereby specifically commanded to carry out the provisions of Section II hereof, and, as evidence of such compliance, the Mayor shall cause to be maintained appropriate certificates of publication of the newspaper or newspapers in which the title of the Resolution shall have been published and if a favorable referendum is held on the Charter change, shall declare the Charter change hereby enacted to be effective on _________________, by affixing her signature hereto in the space provided on the effective date of change. SECTION IV: AND BE IT FURTHER RESOLVED BY THE ANNAPOLIS CITY COUNCIL that as soon as the Charter Amendment hereby enacted shall become effective, either as provided herein or following a referendum, the Mayor shall send to the Maryland Department of Legislative Services a copy of this Resolution showing the number of Aldermen voting for and against it and a report on the votes cast for or against the amendment hereby enacted at any referendum thereon and the date of such referendum. The above Charter Amendment was enacted by the foregoing Resolution which meeting of the Annapolis City Council on , 2009; was passed at a ____ voting in the affirmative, _____ voting in the negative, ____ abstaining and _____ absent and the said Resolution becomes effective in accordance with law on the ______ day of _______________.

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ADOPTED this _________ day of _________________, 2009.

ATTEST:

THE ANNAPOLIS CITY COUNCIL

________________ Regina C. Watkins-Eldridge, MMC City Clerk

BY: ____________________________ ELLEN O. MOYER, MAYOR

EXPLANATION: Highlighting indicates matter added to existing law. Strikeout indicates matter deleted from existing law. Underlining indicates amendments.

CA-09-09, City Manager Staff Paper At various points since at least 1987, Annapolis has considered adopting a city manager form of government. During the past year, more than five charter amendments have been introduced, with each proposing a slightly different version of city manager – city manager/city council form of government. The proposed charter amendment would establish the position of city manager and provide for the city manager to serve as chief executive. Additional powers and responsibilities include: a. To appoint, suspend, demote, discipline, or remove all city employees and appointed administrative officers provided for under this Charter or by ordinance, except as otherwise provided in this Charter; b. To transfer City employees from one department to another; to consolidate or combine offices; and, to designate departments, department head titles and positions under the manager’s jurisdiction; c. To direct and supervise the administration of all departments, offices, and agencies of the City, except as otherwise provided by the Charter or by law; d. To direct day-to-day operations of City government; e. To supervise the preparation of the City operating and capital improvement budgets; submission of these budgets to the Council, and provide on-going oversights of expenditures with recommendations for changes as warranted by current financial conditions; f. To conduct collective bargaining negotiations, subject to guidance established by the City Council; g. To assist the City Council in the formation of policy; h. To attend all City Council meetings and provide information and recommendations as requested by the City Council. However, the city manager shall not have a vote on any matter before the City Council; and i. To perform such other duties, not inconsistent with this Charter, as may be provided by ordinance or directed by the City Council from time to time. The Mayor would serve as the presiding office of the City Council and would have a leading role in the formation of policy. No longer the chief executive of the City charged with the day-to-day operation of the City, the Mayor would serve as ceremonial head of the municipality. In addition, the city attorney would no longer be part of the City’s executive, being appointed by the City Council.

Prepared by Seth B. Zirkle, City of Annapolis Office of Law, (410) 263-1184