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11-43B-7
Section 11-43B-7 Council not to direct appointment or removal of any person from office; appointment
of civil service employees; limits on supervision of employees by council. Neither the council
nor any of its members shall direct or request the mayor or any employee of the city to appoint
or remove any person from office or position, or in any manner take part in the appointment
or removal of employees in the service of the city; but the council may express its views
and freely and fully discuss with the mayor anything pertaining to the work of any employee.
Employees of the city subject to civil service appointment shall be appointed pursuant to
the applicable law, rule, and regulation, and in the event that such law, rule, or regulation
should allow a selection by the city from among qualified candidates, such selection shall
be made by the mayor. Except for the purpose of investigation or inquiry, neither the council
nor any of its members shall either publicly or privately...
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11-43A-18
Section 11-43A-18 Appointment of city manager; temporary acting city manager; removal; dealings
with administrative service. The council, by a majority vote of the whole qualified membership
of the council, shall appoint a city manager, who shall be an officer of the city, and shall
have the powers to perform the duties in this article provided. No councilman shall receive
such appointment during the term for which the council member shall have been elected nor
within one year after expiration of the term. Any civil service act applicable to the municipality
shall not apply to the appointment or the removal of the city manager. A temporary acting
city manager may be designated by the council to serve for not more than four months in these
events, but only in these events: (1) When the first council takes office after adoption of
this article or (2) following the removal of any permanent city manager. Such temporary acting
city manager shall perform the duties and assume the obligations...
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45-37A-52.95
Section 45-37A-52.95 Powers and duties. The mayor shall be the head of the administrative branch
of the city government. The mayor shall not sit with the council nor shall he or she have
a vote in its proceedings and he or she shall have the power and duties herein conferred.
The mayor shall be responsible for the proper administration of all affairs of the city and,
subject to any civil service or merit system law applicable to such city and except as otherwise
provided herein, he or she shall have power and shall be required to: (1) Enforce all law
and ordinances. (2) Appoint and, when necessary for the good of the service, remove all officers
and employees of the city except as otherwise provided by this part and except as he or she
may authorize the head of a department or office to appoint and remove subordinates in such
department or office; provided that he or she shall not appoint or remove officers and employees
of: a. Any board of the city having control over any park,...
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11-43A-84
Section 11-43A-84 Appointment of city manager; temporary acting city manager; term of city
manager; removal; actions by council or its members prohibited or restricted. (a) The council,
by a majority vote of the whole qualified membership of the council, shall appoint a city
manager who shall be an officer of the city and shall have the powers to perform the duties
provided in this article. No councilman shall receive such appointment during the term for
which he shall have been elected nor within one year after expiration of his term. Any civil
service act which may be applicable to the municipality shall not apply to the appointment
or removal of the city manager. (b) A temporary acting city manager may be designated by the
council to serve for not more than four months in the following events, but only in these
events: (1) When the first council takes office after adoption of this article; or (2) following
the removal of any permanent city manager. (c) Such temporary acting city...
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11-44B-6
Section 11-44B-6 Meetings; quorum; majority vote requirements; procedure for adoption of ordinances
and resolutions; approval or veto of mayor; record of proceedings; power of council as to
city employees; all powers of city vested in council. (a) The council shall hold regular public
meetings at least once a week at some regular hour to be fixed by the council. The council
may hold such adjourned, called, or other meetings as may be necessary or convenient. (b)
All council meetings shall comply with the applicable law concerning open or public meetings.
(c) A majority of the elected membership of the council shall constitute a quorum for the
transaction of any and every power conferred upon the council. For the purposes of determining
a quorum, the mayor shall not be counted. (d) The affirmative vote of a majority of the council
members present, and the mayor in the event of a tie, as provided by this article, shall be
sufficient for the passage of any resolution, bylaw, or ordinance,...
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11-43-81.1
Section 11-43-81.1 Authority of mayors of Class 1 municipalities to appoint chief administrative
assistants. The mayor of any Class 1 municipality or of any municipality having a population
of 250,000 or more according to the last or any subsequent federal decennial census of this
state is hereby authorized to employ for and on behalf of said municipality an employee to
be known as chief administrative assistant to the mayor whose salary shall be fixed and determined
by the mayor, but shall not exceed $39,500.00 annually. The chief administrative assistant
to the mayor employed hereunder must reside within the municipality during the term of his
employment. He must have had at least five years experience in public or private business
in an executive or managerial capacity; provided, however, a majority of the council shall
have the authority to approve the appointment of a person having different qualifications
upon the recommendation of the mayor. Said chief administrative assistant...
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11-44D-4
Section 11-44D-4 Mayor-council form of government. If a majority of the qualified electors
voting in the referendum provided herein choose a mayor-council form of government, the following
provisions of this chapter shall be applicable: (1) The municipality shall thereafter and
as provided in this chapter be governed by a mayor elected at-large and a five-member council
elected from single-member districts, which municipality shall have the same powers and duties
as herein enumerated and as other mayor-council municipalities organized under Chapter 43,
Title 11, and any other powers and duties not inconsistent with this chapter which may be
now or hereafter granted to such municipality. (2) The council shall include five members
who shall be elected from districts, which shall be, as near as practicable, of equal population
according to the last federal decennial census, but not more than five percent, more or less,
than the average of the five districts. (3) The council members shall...
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11-44B-46
Section 11-44B-46 Establishment of personnel board; composition; terms; meetings; compensation;
records. (a) Upon election by ordinance of a city to participate in the personnel system provided
for in this article, there shall be established a personnel board composed of five members
designated, respectively, as place number 1, place number 2, place number 3, place number
4, and place number 5. Each member shall be of recognized good character and ability and a
resident and qualified elector of the city. No person shall be eligible for membership on
the board who holds any civil office of profit under the city, county, or state. No board
member shall be a member of any local committee of a political party, or an official of a
local partisan political club, or a candidate for nomination or election to any public office,
nor shall he or she take any part in the management or affairs of any local political party
or in any city political campaign, except to exercise his or her right as a...
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45-37A-52.192
Section 45-37A-52.192 Status of officers and employees holding positions when the mayor-council
form of government is adopted. Any person holding an office or position in the classified
service of the city under any civil service or merit system applicable to the city when the
mayor-council form of government shall be adopted shall be continued as such officer or employee
in the classified service of the city under the mayor-council form of government and with
the same status, rights, and privileges and subject to the same conditions under such applicable
civil service or merit system as if the mayor-council form of government had not been adopted.
(Acts 1955, No. 452, p. 1004, ยง7.03.)...
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45-37A-51.120
Section 45-37A-51.120 Definitions. (a) The following words, terms, and phrases, wherever used
in this subpart, including this section, shall have the meanings respectively ascribed to
them in this section, unless the context plainly indicates otherwise or that a more restricted
or extended meaning is intended: (1) ANNIVERSARY DATE. The date of establishment and the month
and day thereof annually thereafter. (2) APPOINTED EMPLOYEE. A person who holds his or her
office or position by reason of being appointed by the mayor or city council or other appointing
authority of the city; who is not a classified service employee; and who serves solely at
the pleasure of the respective appointing authority. (3) BASIC MONTHLY EARNINGS and MONTHLY
SALARY. Basic monthly compensation, exclusive of overtime or other forms of extra compensation
but including longevity pay, which shall be regarded as having been received in equal monthly
installments during each of the months prior to the accrual date...
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