11-suspension and removal of the City Manager
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date: Originating Department: Presented By: Agenda Item No.:
11/03/10
Council Date: City Council Mayor Biard 11.
12/20/10
RECOMMENDED MOTION:
Deliberate and act on a request for the resignation of the City Manager.
POLICY ISSUE(S):
Personnel
BACKGROUND:
At the City Council meeting of October 25, 2010, the majority of the City Council indicated they wanted
to move forward with the suspension and removal of the City Manager from his position. Section 22 of
the City Charter requires the City Council to first ask for the City Manager's resignation before they
move with suspension and removal.
At the City Council meeting of November 8, 2010, this item was tabled and the City Council authorized
the Mayor and the City Attorney to engage outside counsel to negotiate with Mr. Carruth and his
attorney.
This item is needed only in absence of an agreement between the City and Mr. Carruth.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
City Charter Sec. 22.
ACTION: BUDGET INFO:
❑ Financial Report ® Minute Order Expense $
❑ Department Report ❑ Resolution Budgeted Amt. $
❑ Presentation ❑ Ordinance YTD Actual $
❑ Public Hearing ❑ Other Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
® Administration ® City Clerk ❑ EMS/IT ❑ Engineering, Planning, & Community Development
❑ Finance ❑ Fire ❑ Municipal Court ® Legal ❑ Library ❑ Police ❑ Utilities
City of Paris 7 Revised 2/04/08
Sec. 22. Appointment and removal of city manager.
The council shall appoint an officer of the city who shall have the title of city manager and who
shall have the powers and perform the duties in this Charter provided. No councilman shall
receive such appointment during the term for which he shall have been elected, nor within one
year after the expiration of his term.
The salary of the city manager shall be fixed by the city council, and he shall hold office at its
will. The city council may suspend the city manager if the manager declines to resign at the
request of the council, that request being expressed in a resolution approved by a majority vote
of the total membership of the 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, who shall have 15 days in which to reply thereto in writing, and upon request, shall be
afforded a public hearing, which shall occur not earlier than 10 days nor later than 15 days after
such hearing is requested. At such public hearing, if one is requested, the city manager will be
allowed up to 30 minutes to respond to his proposed termination. Members of the public will be
allowed to speak in support of or in opposition to termination, and may address any aspect of the
city manager's performance. After the conclusion of the public hearing, if one is requested, or
after 15 days if the manager has not responded to the request to resign, and after full
consideration, the city council, by a majority vote of its total membership, shall adopt a final
resolution of removal or reinstatement. The city manager shall continue to receive full salary
until the effective date of a final resolution of removal. The action of the council in suspending
or removing the city manager shall be final, it being the intention of this Charter to vest all
authority and fix all responsibility for such suspension or removal in the city council. During an
absence or disability of the city manager, except as provided in section 41, the council may
designate a properly qualified person to perform the duties of office.
(Res. of 5-21-07)