ORDINANCE NO. 275, THIRD SERIESAN EMERGENCY ORDINANCE PROVIDING FOR THE ADMINISTRATION OF THE CITY DURING THE VACANCY IN THE OFFICE OF THE CITY ADMINISTRATORTHE COUNCIL OF THE CITY OF LUVERNE ORDAINS:PREAMBLE. Whereas, the office of City Administrator is an essential function of the City and the powers, duties, and responsibilities of said office are necessary for the preservation of the public peace, health, morals, safety, and welfare; and it is therefore essential that the duties of said office be assigned to adequately provide for the administration of the City; it is hereby declared that an emergency exists within the meaning of City Charter Section 4.04, Subd. 3, and the following ordinance shall be an emergency ordinance effective as provided for therein.SECTION 1. Purpose and Intent. It is the purpose of this ordinance to provide for the proper administration of the City while a vacancy exists within the office of City Administrator and that until such time as a new City Administrator is hired and assumes the duties of office as provided for by Charter and City Code, notwithstanding the provision of City Charter Sec. 3.02 or other contrary provisions of the Charter or City Code, the provisions of this ordinance shall prevail and govern the administration of the City.SEC. 2. The general administration of the City shall be governed by consensus of a Management Committee consisting of the City Clerk as Chair and Recording Secretary, the Finance Director, the Public Utilities Supervisor, and the Public Works Supervisor. The Mayor and Acting Mayor may attend any formal meetings of the Committee which must be held once per week and prior to all regular Council meetings. Any matter within the duties, responsibilities, or authority of the City Administrator pursuant to law, Charter, City Code, or City policy, may be conducted, dispatched, or ordered when the same is agreed to unanimously by the Management Committee. The Committee shall perform such other duties as are necessary to carry out the duties of Chief Administrative Office of the City. The Management Committee members shall attend all meetings of the Council unless excused. Under the Management Committee, each Department Head shall have the same general authorities, duties, and responsibilities as is provided for in City Code and in the past management practices of the City.SEC. 3. The Council shall exercise full supervisory and employment powers over members of the Management Committee. It shall be the duty and responsibility of the Mayor and Acting Mayor to report any improprieties to the City Council for consideration. SEC. 4. Notwithstanding the aforementioned delegation of duties, the following named officers shall have the respective duties, responsibilities, and authorities as herein noted. City Clerk. The City Clerk shall coordinate all requests and matters of the Management Committee; prepare, assemble, and distribute the Council agenda packet and related materials; issue licenses; function as City Clerk in all respects including, but not limited to Council minutes, ordinances and resolutions, document certification and attesting thereto, and execution of City contracts and agreements; approve travel requests, vacations and sick leaves, or other similar personnel requests which require approval of the City Administrator; and such other matters as are delegated by the Council or, within its authority, the Management Committee. Finance Director. The Finance Director shall prepare and submit budget amendments; advise the Council as to the financial condition of the City and enforcement of the budget; give approval of purchases and travel authorization for budgetary control purposes; and such other matters as are delegated by the Council or, within its authority, the Management Committee. All Department Heads shall negotiate and make such purchases as can be accomplished without competitive bidding and obtain estimates, quotations, sealed bids, or contracts in excess of said amounts subject to the approval of the Finance Director and for any purchases over $5,000, the approval of the Management Committee. Said Department Heads shall make such reports as may be requested by the Management Committee or City Council so as to keep said bodies fully informed as to the affairs of each department. SEC. 5. Council Authority. The Council may override any action of the Management Committee or City employees in exercising the duties, responsibilities, and authority assigned herein, provided the Committee or employee is first given an opportunity to explain the action and reasons for it. Until such override, the action shall be in full force and effect. SEC. 6. The Department Heads that typically report to the City Administrator will report for coordinating purposes, to the following individuals during the interim times between Management Committee meetings: Building/Zoning Official to City Clerk Marianne Perkins Econ. Development Director to Finance Director Barbara Berghorst Fire Chief to City Clerk Marianne Perkins Library Director to City Clerk Marianne Perkins Line Supervisor to Finance Director Barbara BerghorstPool Managers to Finance Director Barbara BerghorstCity Engineers to Finance Director Barbara BerghorstSafety and Risk Management – Finance Director Barbara BerghorstCommunity Relations – City Clerk Marianne PerkinsSec. 7. Pursuant to City Code, Sec. 2.05, Subd. 2, the following individuals shall be deemed to be the "Acting City Administrator" for purposes of ex-officio membership on the various boards and commissions: Airport Board – Public Works Supervisor Ken VosBoard of Appeals & Adjustments – Building/Zoning Official Dan Delgehausen Board of Building Appeals – Building/Zoning Official Dan Delgehausen Cable TV Advisory Board – City Clerk Marianne PerkinsEconomic Development Authority – Finance Director Barbara Berghorst Library Board – Library Director Glenda Bremer Pool Commission – Pool Supervisor Samantha Honerman Planning Commission – Building/Zoning Official Dan DelgehausenIn addition, the City Clerk shall provide such clerical and general staff support as may reasonably be needed for the duties of each board and commission.SEC. 8. In recognition of the additional time, duties, and responsibilities designated herein and during the effective period of this ordinance, the City Clerk shall receive additional compensation equal to 20 percent of base pay, the Finance Director 20 percent of base pay, Public Utilities supervisor 10 percent of base pay, and Public Works Supervisor 10 percent of base pay, retroactive to May 28, 2005. Management Committee meeting attendance by the Mayor and Acting Mayor shall be deemed to be an authorized special function for purposes of per diem payments.SEC. 9. This ordinance shall be in full force and effect immediately upon its adoption by the City Council, and the City Clerk shall provide for its publication at the earliest possible time. This ordinance shall expire and its provisions shall be of no further effect upon the City Council’s appointment and the assuming of the duties of office and taking of the Oath of Office by the City Administrator; provided, however, that no action, taken under the provisions of this ordinance and during its effective period, shall be void but shall continue until the same is properly amended according to law, charter, City Code, or administrative rule.Andrew G. Steensma, MayorATTEST: Marianne Perkins, City Clerk(6-16)