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II. Employment <br />2.1. Chief Executive Officer. The Manager is the chief executive officer of the City and <br />shall faithfully perform the duties of the City Manager as prescribed in the job description, as set <br />forth in the City Charter, City ordinances, this Agreement, and as may be lawfully assigned by <br />the Council (collectively the "City Manager's Duties"). Further, the Manager shall comply with <br />all state and federal law, the City's Charter, all City policies, rules, regulations and ordinances <br />as they exist or may hereinafter be amended, and all lawful Council directives (collectively <br />"Applicable Laws and Authorities"). All duties assigned to the Manger by the Council shall be <br />appropriate to and consistent with the professional role and responsibility of the City Manager <br />position. <br />2.2 Duties. The Council does hereby employ Manager as City Manager to perform the <br />City Manager's Duties in accordance with and pursuant to all Applicable Laws and Authorities <br />and each of the following duties to the full extent not prohibited by or in material conflict with <br />any existing provisions of the City's Charter or Applicable Laws and Authorities: <br />a. Employ, on behalf of the City, .all employees of the City, with exception of the <br />City Attorney, Assistant City Attorney(s), Municipal Judge and any Associate <br />Municipal Judges (collectively "City employees"). <br />b. Direct, assign, reassign and evaluate all City employees. <br />c. Organize, reorganize and arrange the City employee staff. <br />d. Develop and establish internal regulations, rules, and procedures which the <br />Manager deems necessary for the efficient and effective operation of the City. <br />e. Accept resignations from City. employees, except the Manager's resignation <br />which must be accepted by the Council. <br />The Manager shall perform the City Manager's Duties with reasonable care, diligence, skill and <br />expertise. <br />2.3 Reassignment. The Manager cannot be reassigned from the position of the City <br />Manager to another position without the Manager's prior express written consent. <br />2.4 Council Meetings. Except to the extent prohibited by or in material conflict with <br />Applicable Laws and Authorities, the Manager, or the Manager's designee shall attend, and <br />shall be permitted to attend, all meetings of the Council, both public and closed, with the <br />exception of those closed meetings devoted to the consideration of any action or lack of action <br />on this Agreement, or any amendment thereto, the Manager's evaluation, or for purposes of <br />resolving conflicts between individual Council members. <br />2.5 Criticisms, Complaints, and Suggestions. The Council, individually and <br />collectively, shall refer in a timely manner all substantive criticisms, complaints, and suggestions <br />called to the Council's attention to the Manager for study andlor appropriate action, and the <br />Manager shall refer the matter(s) to the appropriate City employee or shall investigate such <br />matter(s) and inform the Council of the results of such efforts. <br />Page 2 of 8 <br />