ORDINANCE NO

ORDINANCE NO. 2278

BY:

AN ORDINANCE TO REPEAL AND RECREATE

SECTION 2.42 OF THE

OAK CREEK MUNICIPAL CODE RELATING TO

THE CITY ADMINISTRATOR.

The Common Council of the City of Oak Creek, Wisconsin do hereby ordain as follows:

Section 2.42 is hereby repealed and recreated to read as follows:

Section 1: City Administrator

(a) Declaration

1. Whereas Article XI, Section 3 of the Wisconsin Constitution provides

municipalities with home rule powers, and the right to determine their

local affairs and government; and whereas Wisconsin Statutes 62.04

has granted to cities the largest measure of self-government compatible

with the Constitution and general laws and further provides that the

exercise of rights and powers of a city shall be liberally construed in

favor of the City so as to promote the general welfare of peace, good

order and prosperity of the inhabitants; and whereas Wisconsin Statutes

62.11 (5) vests the management of the City in its Common Council which

constitutes its Mayor and Alderpersons; and whereas it is deemed by the

Common Council to be in the best interest of the management of the City

to utilize the services of a professionally trained, qualified City

Administrator to provide the Common Council with counsel and advice

and management skills so as to foster the most effective and efficient

management of the City’s governmental operations and finances; and

whereas a City Administrator should work closely with, be responsive

to, and have the confidence of the Common Council; now, therefore,

it is the declared purpose of this subsection to make clear the intent of

the Common Council that the position of the City Administrator is in

accordance with the authority of the City’s home rules powers and

is deemed to be a matter of purely local concern.

(b) Employment Status. The position of City Administrator shall be full-

time in the unclassified service of the City.

nature in those matters statutorily delegated to the Common Council,

Boards and Commissions, nor shall the City Administrator be a

voting member in the creation of such policy.

(d) Appointment Procedure. The City Administrator shall be appointed

by the Mayor from a list of three (3) candidates submitted by an

ad hoc selection committee appointed by the Mayor subject to

confirmation by the Common Council. The appointment of the

Administrator shall be subject to confirmation by a majority vote

of the Common Council on the basis of merit with due regard to

training, experience, administrative ability and general fitness for the

office. The City Administrator shall serve for a term as set forth in

the employment contract, as provided in sub. (e).

(e) Contract. An employment contract drafted by the City Attorney and

approved by the Common Council and the City Attorney shall be entered

into between the City and the City Administrator and reviewed on an

annual basis.

(f) Annual Review. Annually, prior to renewal of the Administrator’s

employment contract, the Common Council, as a Committee of the Whole,

shall conduct a review and evaluation of the job and job performance of

the City Administrator.

(g) Removal Procedure. Removal from the position shall be effected by

a majority vote of the Common Council without cause.

(h) Residency. The City Administrator shall be subject to Section 2.48(a) of

the Municipal Code, or any subsequent amendments thereto.

(i) Salary. The salary of the City Administrator shall be as the Common

Council shall determine and prescribe, and shall be reviewed annually

in conjunction with his/her performance evaluation.

(j) Duties.

1. General Duties. The City Administrator shall:

a. Carry out directives of the Mayor or Common Council

which require administrative implementation.

b. Be responsible for the administration of the day-to-day

operations of the City government based on those directives.

c. Establish administrative procedures to increase the

effectiveness and efficiency of City government according to

current policies and practices in local government consistent

with the directives of the Mayor or Common Council.

Copies of all administrative directives shall be provided to the

Mayor and copies of administrative directives that affect major

operations of the City shall also be provided to the Common

Council.

d. Collect and utilize up-to-date information regarding current

Federal, State, and County legislation and administrative rules

affecting the City, and submit appropriate reports and

recommendations thereon to the Common Council.

e. Collect and utilize up-to-date information regarding the

availability of Federal, State, County and private funds for

local programs, and assist department heads and the Common

Council in obtaining such funds, under the direction of the

Mayor or Common Council.

f. Represent the City in matters involving legislative, financial,

and intergovernmental affairs as authorized by the Mayor or

the Common Council.

g. Act in the capacity of public relations officer for the City, as

necessary, as authorized by the Mayor or the Common

Council.

h. Conduct or direct such studies, with Common Council

approval, as are necessary for the internal organization and

procedures of the various departments, divisions and offices,

and implement the recommendations of such studies, as

authorized by the Mayor or Common Council, and require

reports from the various departments when deemed necessary.

2. Responsibilities to the Council. The City Administrator shall:

a. Attend meetings of the Common Council as required by

the Mayor or Common Council, unless excused by the

Mayor, or Council President in the absence of the Mayor.

b. In coordination with the Mayor, Council President and

City Clerk, review the Common Council agendas for the

appropriateness of items thereon, and to ensure that required

supporting materials are available to the Council.

c. Assist in the preparation of ordinances and resolutions

as requested by the Mayor or Common Council, or as needed.

d. Provide an Administrator’s Report at regular or special

Common Council meetings.

e. Take necessary emergency action to protect persons or

property, consistent with existing City Emergency Management

plans and policies, under the direction of the Mayor, if the

Common Council due to time constraints, is unable to meet

to authorize such action.

f. Inform the Mayor and Common Council concerning any

proposed change in services rendered to City residents,

taxpayers or City-located businesses which shall appreciably

affect the extent, quality or cost effectiveness of such services.

3. Personnel. The City Administrator shall:

a. Exercise authority over all department heads in conjunction

with the Mayor. Be responsible for the administrative direction

and coordination of all employees of the City, in conjunction with

the Mayor, according to the established organizational procedures,

subject to statutory and ordinance limits which apply. In

conjunction with the Mayor, according to the established

organizational procedures, conduct annual performance

evaluations of all department heads and provide a written summary

of the evaluations to the Mayor and Common Council; and

b. Serve as personnel officer for the City with responsibilities to

see that complete and current personnel records, including specific

job descriptions for all City employees are kept. Oversee, in

conjunction with department heads, the evaluation of performance

of all employees on a regular basis. Department heads shall be

required to report to the Administrator any corrective actions,

disciplinary actions, suspensions or terminations of any employees

within his/her department and the Administrator shall report any

such activity or action to the Mayor and Common Council.

c. The Administrator shall recommend salary and wage scales,

benefits and working conditions for City employees not covered

by a collective bargaining agreement; develop work rules for high

standards of performance by City employees.

d. Work closely with department heads to promptly resolve

personnel problems or grievances.

e. Consult with the Personnel Committee and conduct whatever

research is necessary for the proper conduct of negotiations with

the various bargaining units. The Administrator shall conduct

preliminary meetings with department heads and make

recommendations to the Personnel Committee regarding union

negotiations and other personnel issues. The Administrator shall

assist department heads in attempting to resolve grievances.

f. Work closely with department heads in conjunction with the

Mayor to assure that employees receive adequate opportunities

for training to maintain and improve their job-related knowledge

and skills and act as the approving authority for requests by

employees to attend conferences, meetings, training schools,

etc., provided that funds have been budgeted for these activities.

g. Conduct monthly department head meetings.

4. Budgeting and Purchasing. The City Administrator shall:

a. Administer the preparation of the annual City budget in

a program budget format and in accordance with guidelines as

provided by the Mayor and Common Council, and in coordination

with department heads.

b. Administer the budget as adopted by the Common Council.

c. Supervise the purchasing and contracting for the City’s

supplies and services.

Section 2: The qualifications for the position of City Administrator shall be

as follows:

a. The minimum requirement shall be a Bachelor’s Degree from an

accredited college or university with a specialization in public or

business administration and at least five (5) years of prior administrative,

managerial, public relations and employees relations experience.

b. The optimum requirement shall be a Master’s Degree in a related

field and at least five (5) years of prior administrative, managerial,

public relations and employee relations experience.

c. The City Administrator shall be bondable.

d. The City Administrator shall have considerable knowledge of the

functions, policies, laws and regulations of the offices of the City Clerk

and City Treasurer.

e. The City Administrator shall pass a physical examination and a job trait

assessment prior to employment.

Passed and adopted this 4th day of November, 2003.

President, Common Council

Approved this 5^th day of November, 2003.

Mayor

ATTEST:

VOTE: Ayes Noes

City Clerk