BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF McALESTER, OKLAHOMA, that:
SECTION 1: The Mayor of the City ofMcA1ester is hereby authorized and directed to submit to the registered, qualified voters at a Special Election on the 11 th day of October 2005 the following Propositions:
PROPOSITION NO.1
SHALL THE CITY OF McALESTER, OKLAHOMA, APPROVE ARTICLE 2, SECTION 2-4(1) (COUNCIL POWERS) OF THE CITY CHARTER TO READ AS FOLLOWS:
"(1) TO APPOINT AND REMOVE THE CITY MANAGER, CONFIRM THE CITY ATTORNEY'S APPOINTMENT BY THE CITY MANAGER, AND TO REMOVE THE CITY ATTORNEY
/ _/ For the Proposition
/ _/ Against the Proposition
PROPOSITION NO.2
SHALL THE CITY OF McALESTER, OKLAHOMA, APPROVE ARTICLE 3, SECTION 3.1 (CITY MANAGER; APPOINTMENT, TERM, QUALIFICATIONS, REMOVAL) OF THE CITY CHARTER TO READ AS FOLLOWS:
"(A) THE CITY COUNCIL, BY A MAJORITY VOTE OF ITS TOTAL MEMBERSHIP, SHALL APPOINT A CITY MANAGER FOR AN INDEFINITE TERM AND FIX THE MANAGER'S COMPENSATION. THE CITY MANAGER SHALL BE APPOINTED SOLELY ON THE BASIS OF EDUCATION AND EXPERIENCE IN THE ACCEPTED COMPETENCIES AND PRACTICES OF LOCAL GOVERNMENT MANAGEMENT. MINIMUM QUALIFICATIONS ARE 1) A MASTER'S DEGREE WITH A CONCENTRATION IN PUBLIC ADMINISTRATION OR A RELATED DISCIPLINE, AND TWO YEARS OF EXPERIENCE IN AN APPOINTED MANAGERIAL OR ADMINISTRATIVE POSITION IN A LOCAL GOVERNMENT; OR 2) A BACHELOR'S DEGREE AND FIVE YEARS OF SUCH EXPERIENCE. THE MANAGER NEED NOT BE A RESIDENT OF THE CITY OR STATE AT THE TIME OF APPOINTMENT, BUT MAY RESIDE OUTSIDE THE CITY WHILE IN OFFICE ONLY WITH THE APPROVAL OF THE CITY COUNCIL.
(B) IF THE CITY MANAGER DECLINES TO RESIGN AT THE REQUEST OF THE CITY COUNCIL, THE CITY COUNCIL MAY SUSPEND THE MANAGER BY A RESOLUTION APPROVED BY THE MAJORITY OF THE TOTAL MEMBERSHIP OF THE CITY COUNCIL. SUCH RESOLUTION SHALL SET FORTH THE REASONS FOR 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 REQUEST, SHALL BE AFFORDED A PUBLIC HEARING, WHICH SHALL OCCUR NOT EARLIER THAN TEN (1 0) DAYS, NOR LATER THAN FIFTEEN (15) DAYS AFTER SUCH HEARING IS REQUESTED. AFTER THE PUBLIC HEARING, IF ONE IS REQUESTED, AND AFTER FULL CONSIDER,A TION, THE CITY COUNCIL, BY A MAJORITY VOTE OF ITS TOTAL MEMBERSHIP, MAY ADOPT A FINAL RESOLUTION OF REMOVAL. THE CITY MANAGER SHALL CONTINUE TO RECEIVE HILL SALARY UNTIL THE EFFECTIVE DATE OF A FINAL RESOLUTION OF REMOVAL."
/ _/ For the Proposition
/ Against the Proposition
PROPOSITION NO.3
SHALL THE CITY OF McALESTER, OKLAHOMA, APPROVE ARTICLE 3, SECTION 3-2 (CITY MANAGER: POWERS AND DUTIES) OF THE CITY CHARTER TO READ AS FOLLOWS:
"THE CITY MANAGER SHALL BE CHIEF EXECUTIVE OFFICER OF THE CITY, RESPONSIBLE TO THE CITY COUNCIL FOR THE MANAGEMENT OF ALL CITY AFFAIRS PLACED
IN THE MANAGER'S CHARGE BY OR UNDER THIS CHARTER.
THE CITY MANAGER SHALL: .
1) APPOINT AND SUSPEND OR REMOVE ALL CITY EMPLOYEES AND APPOINTIVE ADMINISTRATIVE OFFICERS PROVIDED FOR BY OR UNDER THIS CHARTER, EXCEPT AS OTHERWISE PROVIDED BY LAW, THIS CHARTER, OR PERSONNEL RULES ADOPTED PURSUANT TO THIS CHARTER. THE CITY MANAGER MAY AUTHORIZE ANY ADMINISTRATIVE OFFICER, SUBJECT TO THE CITY MANAGER'S DIRECTION AND SUPERVISION TO EXERCISE THESE POWERS WITH RESPECT TO SUBORDINATES IN THAT OFFICER'S DEPARTMENT, OFFICE OR AGENCY;
2) DIRECT AND SUPERVISE THE ADMINISTRATION OF ALL DEPARTMENTS, OFFICES AND AGENCIES OF THE CITY, EXCEPT AS OTHERWISE PROVIDED BY THIS CHARTER OR BY LAW;
3) ATTEND ALL CITY COUNCIL MEETINGS, WHENEVER POSSIBLE. THE CITY MANAGER SHALL HA VE THE RIGHT TO TAKE PART IN DISCUSSION, BUT SHALL NOT VOTE;
4) SEE THAT ALL LAWS, PROVISIONS OF THIS CHARTER AND ACTS OF THE CITY COUNCIL, SUBJECT TO ENFORCEMENT BY THE CITY MANAGER OR BY OFFICERS SUBJECT TO THE CITY MANAGER'S DIRECTION AND SUPERVISION,
ARE FAITHFULLY EXECUTED;
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5) PREPARE AND SUBMIT THE ANNUAL BUDGET AND CAPITAL PROGRAM TO THE CITY COUNCIL, AND IMPLEMENT THE FINAL BUDGET APPROVED BY THE CITY COUNCIL TO ACHIEVE THE GOALS OF THE CITY;
6) SUBMIT TO THE CITY COUNCIL AND MAKE AVAILABLE TO THE PUBLIC A COMPLETE REPORT ON THE FINANCES AND ADMINISTRATIVE ACTIVITIES OF THE CITY AS OF THE END OF EACH FISCAL YEAR;
7) MAKE SUCH OTHER REPORTS AS THE CITY COUNCIL MAY REQUIRE CONCERNING OPERATIONS;
8) KEEP THE CITY COUNCIL FULLY ADVISED AS TO THE FINANCIAL CONDITION AND FUTURE NEEDS OF THE CITY;
9) MAKE RECOMMENDATIONS TO THE CITY COUNCIL CONCERNING THE AFFAIRS OF THE CITY AND FACILITATE THE WORK. OF THE CITY COUNCIL IN DEVELOPING POLICY;
10) PROVIDE STAFF SUPPORT SERVICES FOR THE MAYOR AND COUNCIL MEMBERS;
11) ASSIST THE COUNCIL TO DEVELOP LONG TERM GOALS FOR THE CITY AND STRATEGIES TO IMPLEMENT THESE GOALS;
12) PROMOTE PARTNERSHIPS AMONG COUNCIL, STAFF,
AND CITIZENS IN DEVELOPING PUBLIC POLICY AND BUILDING A SENSE OF COMMUNITY; AND
13) PERFORM SUCH OTHER DUTIES AS ARE SPECIFIED IN
THIS CHARTER OR MAY BE REQUIRED BY THE CITY COUNCIL."
/ For the Proposition
/ Against the Proposition
PROPOSITION NO.4
SHALL THE CITY OF McALESTER, OKLAHOMA, APPROVE ARTICLE 5, SECTION 5.1 (CITY ATTORNEY, CITY JUDGE,
AND CITY PROSECUTOR; APPOINTMENT, REMOV AL, DUTIES) AND SECTION 5.2 (MUNICIPAL COURT) OF THE CITY CHARTER TO READ AS FOLLOWS:
"5.1 CITY ATTORNEY, CITY JUDGE, AND CITY PROSECUTOR: APPOINTMENT, REMOVAL DUTIES
THE CITY ATTORNEY, CITY JUDGE, AND CITY PROSECUTOR SHALL BE APPOINTED BY THE CITY MANAGER, SUBJECT TO CONFIRMATION BY THE CITY COUNCIL. THE CITY ATTORNEY SERVES AT THE PLEASURE OF THE CITY COUNCIL, AND MAY BE REMOVED BY A MAJORITY OF ALL CITY COUNCIL MEMBERS. THE CITY JUDGE AND CITY PROSECUTOR SERVE AT THE PLEASURE OF THE CITY MANAGER, AND MAY BE REMOVED BY THE CITY MANAGER.
THE CITY ATTORNEY SHALL SERVE AS CHIEF LEGAL ADVISOR TO THE CITY COUNCIL, THE CITY MANAGER AND ALL CITY DEPARTMENTS, 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.
5 .2 MUNICIPAL COURT
CASES ARISING OUT OF VIOLATIONS OF THE CHARTER
AND ORDINANCES OF THE CITY SHALL CONTINUE TO BE TRIED BY THE MUNICIPAL COURT CREATED BY STATE LAW OR A LAWFUL SUCCESSOR OF SUCH COURT CREATED BY STATE LAW; PROVIDED, THAT THE COUNCIL, BY ORDINANCE, SHALL HAVE POWER TO CREATE A MUNICIPAL COURT TO HEAR AND DETERMINE SUCH CASES IF AND WHEN IT DEEMS IT NECESSARY OR DESIRABLE TO DO SO."
/ --/ For the Proposition
/ _/ Against the Proposition
PROPOSITION NO.5
SHALL THE CITY OF McALESTER, OKLAHOMA, APPROVE ARTICLE 6, SECTION 6-1(A) (NOMINATION AND ELECTION; TERMS; NON-PARTISAN ELECTIONS) OF THE CITY CHARTER TO READ AS FOLLOWS:
"(A) MUNICIPAL ELECTIONS SHALL BE HELD EVERY
TWO (2) YEARS. AT THE FIRST ELECTION IN 2006, THE MAYOR AND SIX COUNCIL MEMBERS SHALL BE ELECTED. THE MAYOR AND COUNCIL MEMBERS FROM ODD-NUMBERED WARDS SHALL SERVE FOR TERMS OF TWO (2) YEARS, AND COUNCIL MEMBERS FROM EVEN-NUMBERED DISTRICTS SHALL SERVE FOR TERMS OF FOUR (4) YEARS. AT ALL SUBSEQUENT ELECTIONS, THE MAYOR AND COUNCIL MEMBERS, AS TERMS EXPIRE, SHALL BE ELECTED AND SERVE FOR TERMS OF FOUR (4) YEARS."
/ --/ For the Proposition
/ _/ Against the Proposition