Casper Daily Tribune Newspaper, April 1, 1921, Page 8

a PAGE EIGHT CASPER IS Casper will be the first city in Wyoming to take advan- tage of the new statute pro- viding for city manager form of government if a special election, which probably will be held in June, indorses the move- ment backed by the Casper Chamber of Commerce. Petitions soon will be in circulation in carrying out the legal steps necessary to the calling of an election and that the public may be definitely informed on the question in ample time there.is reproduced be. low the complete text of the statute passed by the last ‘legislature permit- ting cities and towns to adopt the commission-manager plan of munici- pal administration. Application of the Act Section 1. The provisions of this Act shall apply to all incorporated cities and towns in the State of-Wy- oming, whether incorporated under a generai law or a special act, having a population of $1,000 or more accord- ing to the census taken last preceed- ing under the authority of the United States of America or of this state. Petition for Election—Signatares Section 2, At any time not less than thirty days after the passage of this Act, a petition addressed to the legis- lative body of any such city or town may be filed with the city or town clerk asking that tho question of the adoption of the plan of government provided for herein be submitted to the electors of the city or town. The sig- natures to any such petition need not be appended to any one paper, but to each such petition paper there shal? be attached an affidavit of the cir- culator thereof stating that each sig- nature thereto was made in his pres- ence and was the genuine signature of the person whose name it purports to be. The signatures of all such petition papers shall be made in ink or indel- ible pencil, and after his name each signer shall state his residence b; street and nutnver, or uther = tion sufficient to identify the place, and the date when the signature was made. All such petition papers shall be in substantially the following form: “To the Council (or ther legislative body) of the City (or town) of — .. we, the voters of the City (or teow) of respectfully petition that the follow- ing question be submitted to the vot- ers of this City (or town) “Shall the City (or town) of --. _.. adopt the Commission Manager plan of government as pro- vided in the Laws of Chapter Date Address first duly s 3 that he is the circulator of this peti- tion paper and that the signatures appended thereto were mase in his presence and are the genuine signa- tures of the persons whose names they worn to before me - day of Notary Public Filing of Petition—Number Required —Examination of FIRST TO SEEK BENEFITS OF MARCH 31, 1921 MANAGER R ULE shall become effective in such city or town.as hereinafter provided. Penalties—Expenses Section 7, In ali elections held under this act, whether for the choice of candidates or the submission of ques- tions to the electors, and in all matters and proceedings relating thereto ex- cept as herein otherwise provided, ail Provisions, including penalties, of the General election laws ofr the state shall apply so far as applicable. All ex- penses of any election held in any city or town under the provision of Section 2 to 7, iclusive, of this act shalljbe paid by such city or town. The city or town clerk shall file with the,city or town treasurer an item- ized statement of the expenses of such election, setting forth the name of each person to whom the same are payable, and such expenses shall be paid out of the general fund of the city or town without any special appropria- tion being made therefor. Certification of Election Results ‘ —Publication—When Plan Takes Effect Section 8. The city or town clerk shall certify to the legislative author- ity of the city or town the results of the election on the question of adopt- ing the plan of government provided for herein, and a duplicate certifica- tion shall be filed in the office of the city or town clerk. Upon the filing of a cerification in the office of the city or town clerk that the result of the election is favorable to the ad- option of such plan, it shall be the duty of the clerk at once to make pub- lication of the fact in at least one issue in a daily or weekly newspaper of gen- eral circulation in such city or town. A plan of government adopted under this Act shall take effect upan the completion of such publication inso- far as it applies to the nomination and election of officers provided for here- in, and in all other respects {t shall take effect on the first Tuesday after the first Monday in January next succeeding the first election of offi- cers held hereunder. Number— lary Section 9. In cities or towns adopt- ing the plan of government provided for by this act, there shall be « com- mission or council elected from the city or town at large. In cities of the first class and in cities of the second class the commission or coun- cil shall consist. of five (5), members. In al! other cities or towns adopting the commission manager plan the commission or council shall consist of three (3):members. Each commissioner shall reecive a salary of not to ex: ceed Three Hundred (300) Dollars per annum in cities of the first class, not to exceed Two Hundred and Fifty (250) Dollars per annum in cities of the second class, and not to exceed 50) dotlars per annum in all other and towns. In‘every city or town ¢ Mayor shall recetve an additional nual salary equal to fifty (50) per cent of the amount received by him as commissioner. Time of Election Section 10. In cities and towns ad- opting the provisions of this act a municipal election for the choice of members: of the commission 9 coun- cil shall be held on the first Tuesday after the first Monday in November. In cities or towns adopting the, plan of government provided for in this act, if such plan. becomes effective on or before October 1st, municipal elec- tion for the cholce of members of the commission or council shall be held on the first Tuesday after the first Monday following in, November, Can- Section 3. All petition papers ‘re- questing any such election shall be assembled and filed with the City or Town Clerk as one instrument and the petition shall be deemed sufficient if signed by electors of the city or town equal in number to at least ten (10) per cent of those who voted at the last preceeding general municipal election. Within five days after any such pe- tition is filed the clerk shall complete an examination thereof to determine whether it is signed by a sufficient number of qualified electors, and he shall certify the result of his examin- ation to the legislative authority of the city or town at its first regular meeting held after the completion of such petition. Special Election Section 4. Whenever the city or town clerk shall certify to the legislative authority of any city or town that a sufficient petition has been filed re- questing that the question of adopting the plan of government provided for in this act be submitted to the elect- ors of the city or town, such legisla- tive authority shall order a special election for that purpose, to be held not less than thirty days, nor more ixty days after the next sui first day of May. The elec- all thereupon be conducted, the anvassed, and the result declar- ed in the sare manner as is provided by law in r ect to other city and town elections. In the event of failure to accept the provisions of this Act by any municip- ality at an election held for that pur- pose, the question annot again be submitted for two years, Ballots—How Printed Section 5. The city or town clerk shall prepare and distribute the bal- lots. The ballots used in’ voting on the adoption of the plan of govern- ment provided for in this Act shall have printed thereon the question: “Shall the City (or Town) of------.. - adopt the Com- didates equal in number to the places to be filled receiving the largest num- ber of all votes cast at such election shall be considered elected. Electors Section 11. All electors of cities and towns under this act who by the laws governing such cities or towns would be entitled to vote for the election of officers at any general municipal elec- tion in any such cities or towns shall be qualified to vote at all elections under this act, and In all elections in such cities or towns the election Precints, voting places, method of conducting the election, canvassing the vote and announcing the result shall be the same as by law provided for election of such offices in such cities or towns so far as the same are applicable and not inconsistent with the provisions of this act. No prior registration of electors shall be re- quired, but the registration lists pre- pared ‘for the respective precincts of the last preceding general county or state election shall be used and the general laws applicable to swearing in of the yotes of non-registered electors shall be applicable. Term of Office Section 12. At the first election of commissioners held in any city or town after the adoption of a plan of government provided by this act the entire commission shall be chosen. If such election be held in a year bear- ing an odd number, such commission- ers shall hold office until the first Tuesday after the first Monday in January following ‘the next general county and state election and until their successors have seen duly elect- ed and qualified. The commissioners first elected at the same time provided by law for state and county elections immediately after assuming office shall be divided by lot into two groups. as nearly equal in number as may be. The terms of. the larger group shall expire at the end of two years and the terms of the smaller group at the mission Manager plan of government as provided in the Laws of -. -, Chapter --- Immediately below the question shall appear the words “yes” and no” one above the other in the order named, at the the left of each of these words shall be a square in which by making an (X) mark the voter can indicate his choice for or against the proposed plan of government. Such ballots shall be in form substan- tially as follows: Shall the City (or Town) of ..adopt the Cominission Man- ager plan of government as provided in the Session Laws of ey Chapter - by Electors If when submitted to the tors of any city or town the adop- tion of the plan of government pro- vided for in this Act is approved by the majority of those voting thereon, the plan of goyernment so approved é 4 ction 6. bers of the commission or council shall be elected to serve for a term of four years and until their successors have been elected and have qualified, unless chosen to fill out an unexpired term. Any qualified elector of the city or town shall be eligible to the office of commissioner. If any vacancy occurs in the office of any commiss{oner, except as the Tesult of a recall election, the remain- ing members of said commission or council shall by majority vote ‘appoint u duly qualified person to fill such va- cancy during the balance of the unex- pired term. The terms of the mayor and coupelimen, or aldermen, includ-| ing the mayor and commissioners pro; vided for under the commission form of government in any such city or town in office at the beginning of the terms of office of the mayor and com missioners herein provided for firat elected under the provisions of this act shall cease ard determine and the terms of office of all other officers in office in such city or town except as hereinafter provided shall cease and end of four years. Thereafter mem-| = determine as soon as the commission or council shall by resolution declare. Nominations Section 13. A person eligible to the commission or council may be placed in nomination by petition in his be- half filed with the city or town clerk and signed by electors equal in num- ber to at léast five (5) per cent of those who voted at the last preceding regu- lar municipal election. The signatures to a nominating petition need not all be appended to one paper, but to each separate paper thers shall be attached an affidavit of the circulator thereot stating that each signature appended thereto was made in his presence and is the genuine signature of the person whose name it purports to be. Each signer of a petition shajl sign his name tm ink or indelible pencil, and shall Place after his name the date when his signature was made and his place of residence by street and number or other description sufficient to identify the place. No elector shall sign peti- tions for more candidates than the number of places to be filled at the forthcoming election. Petition Section 14. The form of nominat- {ng petition papers shall be substan- ally as follows. We, the undersigned hereby present whose lence is. Wyoming, for the office of Commis. sioner, to be voted for at the election to be held on the +++ day of November, 19. and we individu- ally certify that we are qualified to vote for candidates for the above of- fice, and that we have not signed tore nominating petitions than there are places to be filled at said election. Date Nam? Residence State of Wyoming, County, ss. being duly sworn, deposes and says that he is the circulator of this petition paper, and that the signatures appended thereto were made in his presence and are the genuine signatures of the per- sons whose names they purport to be. Signed Subscribed and sworn to before me thi: ween AMY Of. sdecsvenarice’ 19 My commission expires. 19. 5..0 Notary Public. Filing Notification Acceptance. Section 15. separate .papers comprising a nominating petition shall be assmbled and filed with the city or town clerk as one instrument at least thirty days prior to the date of holding the election, with respect to which such petition 16 filed. . With- in five days after the filing of a-rfom- inating petition the clerk shall notify the person named therein as a ‘candi- date whether such petition is found to be signed by the required number of qualied electors. Any person eli- gible to the commission or council who, is placed in nomination as hereinbe- fore provided shall have his name printed on the ballots, if within five days after such notification by the city or town clerk he shall have filed therewith an. acceptance of the nom- ination: List of Candidates. Publication. Section 16. Not less than two days nor more than two weeks before the November election, the city or town clerk shall certify to the legislative body of said city a list of the candi- dates nominated in the manner herein- before provided whose names are en- titled to be printed on the ballots. The clerk shall also file in his office a copy of such certified lists and forth- with cause to be published for at least two successive days in a daily news- paper published in the city or town, or if there be none such, then at least once in a weekly newspaper of general circulation therein, a notice of such election containing the certi- fied list of candidates, the offices to be filled and the time and places of hold- ing the election. of Ballots. Form of. Section 17. The city or town clerk shall cause ballots to be printed for the election of commissioners which shall be without. party mark or desig- nation. Each elector may vote for as many candidates as there are’ places to be filled, but any ballot marked for more candidates than there ere places to be filled shall not be counted for any of such candidates. Except that the names of candidates shall appear in the spaces indicated therefor, and that the spaces left for the date of the election and the number of candi- dates to be voted for, shall ‘be filled with such date and number respec- tively, the ballot shall be in form sub- stantially as follows: Mani pal. Election. (Month and day of month) 19..... For ners. Put a Cross (X) in front of each name that you wish to vote for. Do not vote for more candidates than there are places to, be filled. Rotation of Names of Candidates. Section 18. The names of candi- dates shall be printed on the ballots in rotation as follows. The ballots shall be printed in as many series a5 there are, candidates for the commis- sion or council. The whole number of ballots to be -printed shall be di- | vided by the number of candidates and | the quotient so obtained shall be the | number of ballots to be printed in each | series. In printing the first series of ballots the names of candidates shall be arranged in the alphabetical ordor of their surnames. After printing the first series, the first name in the list shall be placed last, and the next rer- |ies printed, and this progress shallibe |repeated until each name shall have been printed first in one series. ‘The ballots so printed hall then be com: | bined in tablets to be supplied to the | various polling places. Hach tablet |shail contain. substantially the same number of ballots from each series, and so far as practicable the ballots shall be combined in such a manner |that two or more of the same series | shall not be together in the tablet. | Voter May Insert Namo. , Section 19, Ballots used in every election for the choosing of commis- sioners shall have as’ many blank spaces below (the names of candidates |printed thereon as there are places to be filled at such election. In any such space an elector may write the name of any person eligible. to the commis- sion or council for whom he may de- sire to vote, and votes cast for such persons shall be counted as though for & candidate whose name is ‘printed on the ballots, Votes Necessury tor Election. Section 20, Candidates at the No- vember election equal in number to the places to be filled who receive the highest n of. votes shall be de- clared to elected. A. tle between two or more candidates receiving the lowest number of votes sufficient to elect, shall be decided by Jot in the Presence of such candidates and un- der the direction of the city or town clerk. > (eee Existing Laws Shall Remain in Effect. Section 21. All laws: now in force and #ffect governing any such city or town and not inconsistent with the provisions of this act, all by-laws, or- dinances and resolutions lawfully passed and in force in any such city or town under its former organization shall remain in force until altered or repealed by the commission or council elected under the provisions of this act. The territorial limits of such city or town shall remain the same as un- der the former organization, and all rights, powers and property of every description which were vested in any such city or town under {ts former or- banization shall vest in the game un- der the organization herein contem- Plated, and no right or liability either in favor of or against it existing at tho time, and no suit or prosccution of any Kind shall be effected by such change unless otherwise provided for In this act. Power to Revise Appropriations. Section 22. If, at the beginning of the term of office of the first commis- sion. or council, in municipalities adopting the plan of government pro- vided for in this act, the appropria- tions for the expenditures of the city or town government for the current fiscal year have been made, the cam- mission or council shall have power by ordinance to revise, repeal, or change such appropriations and to make ad- ditional appropriations, Meetings, Section 23. At 2 o'clock, p. m., on the first Tuesday after the first Mon- day in January next following a regu- lar municipal election the commission or council shall meet at the regular Place and hold such meetings and the recently elected commissioners shal! assume the duties of theff office. Thereafter the commission or council shall meet ‘at such time and place as shall be prescribed by ordinance, but not less frequently than once each week. All meetings of the commis- sion and of committees thereof shall be open to the public, and the commis- sion or council shall provide by its rules that citizens of the city or town shall have an opportunity to be heard at any such meetings in regard to any matter considered, or to be. consid- ered, thereat. Powers. Section 24. Except as otherwise Provided herein, all of the legislative, Vexeciitive and judicial powers of the city or town then adopting the plan of Government provided for by this act shall be invested in the cominis- sion or ‘council so elected, and shall be exercised’ by themselves or through their duly appointed subordinates in the manner. hereinafter provided. All the rights, powers and duties conferred’ by law on the common c3un- cil, mayor, police judge, any executive department, officer, board or commis- sion in cities or towns of this. state are continued in full force, and are in cities “and towns adopting the provi- sions of this act hereby transferred to the commission or counci! hereinbe- fore ‘created, and shall be held and exercised thereby as hereinafter pro- vided. - The office of common council, mayor, police judge, executive depart- ments, officers, boards and commis- sions heretofore existing in such cities and towns are hereby abolished. ‘The commission or council shall be judge of the election and qualifigation of jts members, subject to review by the court in case of conflict, shall deter- mine the rules of its procedure, shall keep a journal of its proceedings, may punish its members for disorderly’ be- haviour and compel the attendance of absent members. A majorty of the members of the commission or council shall constitute a quorum to do bus!- ness, but a smaller number may ad- Journ from time to time. The com- mission or council shall also have all further powers relating to strictly municipal affairs not inconsistent with the constitution and general laws of this state. Mayor—Duties Of. Section 25. The commission or council shall at the first meeting after any general municipal election elect one of its members as chairman, who shall have the title of mayor; and the mayor, in ‘addition to his duties as a member of the commission or council, shall preside at the meetings of the commission or council, perform the other duties required of him by this act, and such duties not isconsistent with his office as may be imposed by the commission or council. He shall be recognized as theofficial head of the city or town for all c:remonial purposes, by the courts fur the pur- pose of serving ciyil process, and by the governor for military pureses. Tn case of his absence, disability or removal, the’ commission or council shall select another of its members who shall have all the powers and per- form all of the dutlos cf mayor. City or Town Clerk—Duties Section 26. The commission or coun- cil shall choose a city or town clerk who shall also be clerk of the com- mission or council, and shall continue in office during the pleasure thereof. The clerk shall perform the duties imposed upon him by this Act and such other duties not - inconsistent therewith as may be imposed by the commission or council, and except as otherwise provided in this Act, ‘he shall have the powers and perform tho duties now'or hereafter provided for the city or town clerk under the gen- eral laws of tho atate relating to mun- ieipal corporations y Ordinances, Resolutions, A Section 27. The commission or council shall act only by ordance or resolution, which shall be introduced in writing, and all ordinances and resolutions, except ordinances making appropriations, shall be confined to one subject which shall be clearly ex- pressed in the title. Ordinances mak- ing appropriations shall he confined to the subject of appropriations. No ordinance shall be passed until tt has|ing funds, and for maturing ‘serial te:days, Thé|bonds: tar been read on threo separate « final reading shall be in full unless the measure shall have been printed or typewritten and @ copy thereof fur- mished to each member prior to such reading. The ayes and noes shall be © passage of all ordinances and resolutions and entered on the nance and resolution shall require on final the vote of.a majority of.all the members. No member shall be excused from voting except on matters involving consider- ation of his official conduct or where his financial Passage ev- ery ordinance shall be signed by the mayor, countersigned by the clerk and recorded in a book kept by the clerk for that purpose. Provision shall be made for the printing and publica- tion in full of every ordinance within ten days after its final passage. No tax shall be levied, appropriation made, bond issue authorized, fran- chise or right in any street, alley or place granted, renewed or extended, any sale, grant or abandonment of any real estate or any easement or right therein authorized; or any rule of general application prescribed, ex- cept by ordinance. The council or commission first elected shall within six months after entering upon the duties of their of- fice cause all city or town ordinances then‘in force to be printed and pub- lished'in book form, and the zommis- sion or council shall: thereafter, an- nually, before the: first day .of July of each year, cause such book of or- @inances to be revised or supplement- ed so as to show all new ordinances adopted since the last prior publica. tion Such book of ordinances and sup- plements shall be published in suitable book form and appropriately indexed. The number of such books and sup- piements so published from time to time shall be equal to not less than five (5) per cent. of the number of votes cast at the last previous muni- cipal election. Such books and sup- plements shall be kept and preserved by the city or town clerk and sold at a reasonable figure to be fixed by the commission or council from’ time to time as call therefor is made. The expense of such publication shall be paid out of the general fund and the moneys realized from the sale of such books shall be turned’ into the gen- eral fund of the city or town. Initiative, Referendum, Recall Section 29. The provisions of Chap- ter 84, Session Laws of Wyoming, 1911, as amended, relating to the itfative, referendum: and recall shal apply to all cities and towns adoptinr the commission manager plan of gov ernment provided for by this act’ in all respects the same as now applic: able to cities adopting the commissio: form of government provided for by Chapter 84, Session. Laws .of, Wyom. ing, 1911, anc amendments thereto. Director of Finance—Powers and Duties Section 30. The commission or coun- cil shall appoint a director of finance who “shall haye . direct supervision over the department of finance and the’ administration of the financial affairs of the city or town, including the keeping of accounts and financial records, the assessment and collection of taxes and other revenues, the cus- tody and disbursement ‘of city funds and moneys, the control of expendi- tures, and such other duties as the commission or council may by. ordi- nance provide. Except as otherwise provided in this Act, he shall have all the powers and perform all the du- ties now or hereafter invested in a city or town comptroller, and in a city or town clerk acting as comptroller under the general laws of the state re- lating to municipal corporations. The office of Director of Finance and of City or town treasurer are hereby de- clared to be compatible any may there- fore be! filled by one and the same person. Accounting System—Reports Section 31. The Directom of Finance shall install such system of account- ing as shall conform to, the require- ments of the Commission or Council, and he shall prepare for submission ta the commission ‘or council at its first meeting in each month a sum- mary- statement of revenues and ex- penses for the preceding month, de- tailed, as to appropriations and. funds, in such manner as to show the exact financial condition of the city and of each department, division and office thereof at the date of such report. Fiscal Year — Contents Section 32. The fiscal year of cities or towns accepting the provisions of this act shall begin’ on the first day of January. Not later than one month before the end of each fiscal — year there shall be prepared and submit- ted to the commission or -council a budget estimate of the expenditures and revenues of the city or town de- partments and divisions for the en- suing year. This estimate shall be compiled from detailed information ob- tained from tho’ several departments and divisions, on uniform blanks fur- nished by the director of finance. ‘The classification of the estimate‘shall be as,nearly uniform as possible for the main functional divisions of such de- partments. and divisions, and shall give in parrallel columns the follow- ing information: « » (@) A detailed estimate of the ex- pense of conducting each department or ‘division. (b) Expenditures for corresponding items for the last two fiscal years. (c) Expenditures for corresponding items for the current fiscal year, in- cluding adjustments due to transfers between appropriations, plus an esti- mate of expenditures necessary to ‘complete the current fiscal year. (d) The value of supplies and mater- fal on hand at the date of the prepar- ation of the estimate. (e) Increases or ‘decreases of re- quests compared with cerresponding appropriations for the current year with reasons for such’ increases or de- (0 A statement from the diroctor of finance of the total probable in- come of the cliy from taxes for tho poriod coveref by the estimate. (g) An Stemization of anticipated revenues from other sources. (h) Tho total amount of the out- standing clty or town debt, with the schedule of. maturities of bond s- pues. () The amounts required for inter- est on the city or town debt, for sink- . commigsion or council sitting as a committee of the whole. Following the public hearings ahd before the third reading and final passage, the appropriation ordinance @ parallel comparison with the bud- get estimates. The commission or council shall not pase the appropria- tion ordinance until ten days after its publication, mor until one week after the beginning of the fecal year to which it is to apply. Upon {ts passage the appropriation ordinance shall be published in the manner provided for other ordinances. Revenue to be Appropriated Section 24... Any accruing revenue of the city or town, except revenue derived from the operation of any pub- lic utility not appropriated as herein- before ‘provided, and any balances at any time remaining after the pur- poses of the appropriation shall have been satisfied or abandoned; may from time to time be appropriated by the commission or council to such vases as will not conflict with any uses for which specifically such revenues ac- crued. Appropriations—Uneucurabered Balances * Section 35. No money shall be drawn from the treasury of the city or town, nor shall any obligation for the expenditure of money be incurred ex- cept pursuant to appropriations’ made by the commission or council, and when ‘ever an appropriation is so made the clerk shall forthwith give notice thereof to the director of fin- ance. At the close of each fiscal year the ufiemcumbered balance of each ap- propriation shall revert to the respec- tive fund from which it was appropri- ated and shall be ‘subject to future appropriation. - But. appropriations may be made-in furtherance of $m- yrovements or other object or work of che city or town. which will not be completed within. the current year. ‘Treasurer, Bond, City or Town Taxes Section 36. The Commission or Souncil shall appoint a treasurer who shall, under the supervision of the City Manager, collect all street, sew- er and other assessments due said city or town, all license fees and all other money due said city or town. and all taxes and other money. Such treasurer shall give bond, to be ap- proved by the commission or council, in a sum equal to the largest amount of money he will have on hand at any one time in any year. The treasurer shall.not pay any moneys except on warrants duly executed by the City Manager. All general municipal taxes and any specialj taxes ar assessments ‘shall_be collected by the county treas- urer as now provided by law and the d&ties of the county treasurer in'rela- tion to the collection of municipal taxes and assessments shall be the same as now provided by law. The commission or council shall fix the salary of such city or town treasurer. Municipal taxes shall be levied by. the commis- sion or council in the same manner as the law now provides for levy- ing taxes by the town or city council or board of trustees and the amount of money to he raised for municipal purposes shall be certi- fied to and filed in the office of the county clerk in the manner now pres- eribed by law. Public Work by Contract or Direct Labor—Advertising and Signing of Contracts Section 37. Any public work or im- provement may be executed either by contract or by direct labor, as may be deterniined by the commission or council. Before authorizing the di- rect executon of any work or improve- ment, detailed plans.and estimates thereof shall be submitted to the com- mission or council by the department which fs to execute such work or im- provement, and there shall be separ- ate accounting for each work or im- provenreit ‘so executed. All contracts for more than Five Hundred (500) Dollars shall be awarded to the low- est responsible bidder, after public ad- vertisement and competition as may be prescribed by ordinance, but the commission or council shall Have pow- er to reject all bids and to provide for advertising again. All advertise- ments’ as to contracts’shall contain a reservation of the foregoing right. Contracts’ for public work, after ap- proyal thereof by the commission or council, shall be signed by the city or town manager and by. the director of the department concerned. Method of Paying Bills \ Section 38. No claim against the city shall be paid except upon a voucher certified by the head of the appropri- ate department or office, means cf a warrant on thé. treasury issued by the director of finance and countersigned by..such officer of. tue: city as may be authorized by the commission to countersign warrants. ‘The director of finance shall examine all pay. rolls, bills and other. claims and demands against the city,- and shall issue no warrant for payment unless he finds that the claim is in proper forms, correctly computed and duly certified; that it is justly and leg- ally due and payable, that’ an appro- priation has been made therefor which has not been exhausted, or that pay- mont has otherwise been legally au- thorized and that there is money tn the city treasury to make payment, He may investigate any claim and for that purpose may examine wit- nesses under oath, and if he finds @ claim to be fraudulent, erroncous or oherwise invalid, he shall not tssue a warrant therefor. Removals, Suspensions, Reductions in Grado Section 39. Any appointive officer or employe of the city may be removed and by|N suspended, laid off, or vedsced in ‘Erade ficer of body, will promote tho effi- ciency of tho service. Any officer or employes so removed, suspended, laid off, or reduced in grade shall, if he so request, be furnished with & written statement of ww rea- sons therefor, be allowed a tea- sonable timé for answering such reasons in writing and bo given a public hearing by the officer or body making such removal, suspension, lay- oft. or reduction in’ grade, before the order therefor be made final. No trial or examination of witnesses shall be required in any such case except in the discretion of the officer or body making such removal, suspension, layoff or reduction in grade, and the action of such officer or body shall be final.’ The written statement of reasons and the reply of the officer or employe thereto, as provided for in thig section, shall be filed as a public record in the office of the city. clerk. Political Assessments and Contributions. Section 40. No person in the ad- ministrative service of the munic- ipality shall, directly -or indirectly, give, solicit or receive, or be in any manner concerned in giving, solicit ing. or receiving, any assessment, subscription or contribution for any political party or purpose whatever. No person shall orally or by letter solicit, or be in any manner concern- ed in soliciting, any assessment, sub- scription or contribution for any po- litical party or purpose, from any rerson holding a position in the ad- ministrative service. No person shall use or promise to usu his official auth- ority to secure any appointment or prespective appointment to any mu- nicipal position as a reward or re- turn fer personal or partisan political service. Xo person shall take part in preparing any political assessment, subseription or contribution. with the intent that it shall be sent or ‘pre- sented to, or collected from any per- gon in the service of the municipality, and no person shall knowingly send or present, directly or indirectly, in person or otherwise, any political as- sessment. subscription or contribution to or request its payment by any per- son in such service, Resignations, Coercion, Political ‘Activity. Section 41. No person about to be appointed to any position in the serv- ice of the municipality shall sign or execute a resignation, dated or un- dated, in advance of such appoipt- ment. No person in the service of the municipality shall discharge, sus- pend, lay off, degrade, or in any man- ner change the official rank or com- pensation of any person in such sery- ice, or promise or ‘threaten to do so for withholding or neglecting to make gny contribution of money or serv- ice og any other valuable thing for any political ‘purpose. No person in the service of the municipality shall use his official au- thority or influence to coerce the po- litical‘ action. of any person or body, or to interfere with any nomination or election to public office. No person holding an appointive of- fice or position under the provisions of this act shall act as an officer of a political organization or take any ac- tive part in ‘a poltical campaign, or serve as’a member of a committee of ‘any such organization, or circulate or seek signatures to. any petition pro- vided for by the election laws other than an initiative or referendum pe- tition, or act as a worker at the polls in favor of or opposed to any candi- date to election or nomination to a public office, whether federal, state, county or municipal. $ Penalties, Section 42. Any person who shall wilfully violate any of the provisions of Sections 40 and 41 of this act shall be guilty of a misdemeanor and shalt, on conviction, be punished by a fine of not less than fifty (50) dollars, nor more than one thousand (1,000) dol- lars, or by imprisonment for a term not exceeding six (6) months, or both such fine and imprisonment. No such person shall be appointed to any posi- tion in the service of the municipality, jand if he be an officer or employe of |the municipality, he shall immediately forfeit his office or employment. Dual Office Holding. Section 43. No member of the com- mission or cotincil shall, during the term for which he was elected, be ap- pointed to any city, town, county. state or federal employment. If a member of the commission or coun- cil shall aécept the appointment to any office other than that of commis- sioner or councilman, the member shall immediately vacate the place held in the commission or council and any appointive officer or employe of the municipality who shall accept the appointment to any public office shall immediately forfeit the office or em- ployment held under the muntcipal- ity. Inieterminate Permits. Seetion 44,~ Permits revocable at the will of the commission for such minor or temporary public _ utility privileges as may be specified by gen- eral ordinances may be granted and revoked by the commission or coun- cil from time ‘to time in accordance with terms and conditions to be pre- scribed thereby; |and such permits shall not be deemed to be franchises as the term is used in this act. Such general ordinances, however, shall be subject to the same procedure as an ordinance granting a franchise. 0 Officer or Employe to Be Person- ally Interested in Contracts With Municipality Perquisites, Section 45. No. officer or employe elected or appointed in a municipality shall ‘be interested, directly or indi- rectly, in any contract or job for work, or materials, or the purchase thereof, or service to be furnished or performed. for such municipality, or auy contract or job for work, mate- rials or service to be furnished or per- formed by any person, firm, corpora- tion or public utility within or for such municipality. No such officer or employe shall accept or receive from anysperson, firm or corporation operating under any franchise or li- cense, any frank, free pass, free tick- ot or free service, or accept, direct- ly or indirectly, from any such per- son, firm or corporation, any service upon terms more favorable than those granted to the public generally, but nothing. in this section contained, shall be construed as prohibiting po- licomen or firemen from accepting free transportation when on duty. Any wilful violation of this section shall constitute malfeasance in ,of- fice, and any member of the commis sion, officer or employe, found (ruilty thereof, shall immédiately forfeit his office or employment. Any violation of this section with the knowledge, expressed or implied, of the person corporation contracting with the city, shall render the contract involved voidable by the erence or coun cil. council shall appoint a city or town attorney to serve for an indefinite term, but subject to removal at the Pleasure of the commission on coun- cil. Except as otherwise provided in this act, the city or town attorney shall have the power and perform the duties now or hereafter preacribed for a city or town attorney under the general laws of this state relating to municipal corporations. Police Judge. ; Section 47. At its first meeting eft er the adoption of the provisions of this act. by any municipality, and every fourth year thereafter, the com- mission or council shall appoint « police judge, to serve for a term of four years, and until his successor is appointed and has qualified. Except as otherwise provided in this act, the police judge shall have all of the pow- oe erate” poner” for Paid or hereafter prescribed for poll judge by the general laws of this state relating to municipal corpora- tions. City or Town Manager. Section 48. The commission er council shall appoint a city or town manager, who shall be the chief ex- ecutive officer of the muntclpality. He shall be chosga solely: on the basis of his executive wrt administrative quall- fivations, and need not, when appolnt- ed, be an inhabitant of the municip- ality or of this state, No member of the commission or council ‘shall be chosen us manager. The city or tewn manager shall be appointed for an indefinite period, and shall be remov- able at the pleasure of the commis- sion or voi, If remoyed at any time after he has served six’ mantha, he may deniind written charges, and the right to be heard thereon at a public ‘meeting of the commission or council, prior to the date on which his final removal is to take effect. But pending and during such héaring the commission may suspend him from office. are action ,of the council in suspending or removing the manager shall be final, In case of the absence or disability of os mandger, the commission oF council shall designate some ualpied Ls person to perform the duties ot ti office. The manager shall receive such compensation as may be fixed by the commission or council. Duties and Powers, Section 49. The city or town man- ager shall be responsible to’ the com- mission ‘oc council for the proper ad- ministration of the affairs of the muni- cipality placed in his charge, and to that end shall make all appointments except as ofherwise provided in this act and except in.such cases as he may authorize the head of a department or oa to appoint subordinates in such department or office. Neither the commission nor council or any ‘of its committees or members, stall dictate the appointment of any person to office or employment by the city or town manager, or in any manner interfere with him or prevent him from exercis- ing his own: judgment in the appoint- ment of officers, and employes in the administrative service. purpose of inquiry, the commission or council and. its’ memers shall deal with the administrative service sol through the city or town and neither the commission or council, nor any member thereof, shall give orders to any of the subordinates of the city or town manager, either pub- licly or privately. . Attendance at Meetings of Commission or Council. Budget. Section 50. Except when the com- mission or council is considering. his removal, the city or town shall have the right to be present.at all meetings. of the commission . or council, or of its committees, and te take part in their discussions, He shall prepare and submit to the com mission thé annual budget after re ceiving estimates mate by the direa tors of the departments . Departments, ‘ Section 61. There shall be @ départ ment of law, a department of finance, and such other departments and offices as may be established by ordinanea after the appointment of a city or town manager. Except as otherwise rrovided in this act, the commission or council shall by ordinance prescribe ind Gefine the functions of all depart. ments and offices and may abolish any department or office established by dinane, or may transfer its duties whole or in part to any oth part- ment or office, Z one Director at Head of Each Department. Section 52. At the head of each de partment there shall be a. director. The city attorney shail be the director of law; the director of finance shall be the director of the department of finance. The office of. director of f- nance .and the. office of city or.town treasurer may be filled by one and the same person. All other directors of departments shall be appointed by the city or town manager on the basis of executive and administrative abil- ity and education, training and expe- rience in the work they are to admin- ister. Such director shall be imme- ately responsible to the city or town manager, and may be removed by him St any time. In caso of removal, if the directer.so demands, a/ written Statement shall be made by the city or town manager of the reasons there- for, hd the director shall be given @ public hearing by the city or town manager before the order of removal “ is made final. The statement and os ‘ written report of the director t shall be filed as'a public record: of. municipal clerk, f Investigations, Section 63. The commission oF council, city or town manager, and any ‘officer, board or committee! au- thorized by them shall have the power to make investigations as to°municipal affairs, to subpoena witnesses, admin- ister oaths and compel the production of books and papers. the Section 54. The commission or council shall by ordinance fix the sal- ary of the clty or town'clerk, attorney, and director of finance,