Gaithersburg                                     2103

57.        All purchases and contracts for the City shall be made on written
contract. The Council may provide by ordinance for rules and regulations
regarding the use of competitive bidding for all City purchases and con-
tracts. The City Manager shall be required to advertise for sealed bids
for all contracts or purchases in excess of Two Thousand Five Hundred
Dollars ($2,500.00), other than contracts for professional services. All
contracts or purchases in excess of Two Thousand Five Hundred Dollars
($2,500.00) shall be approved by resolution of the Council.

58.        The Mayor, with the approval of the Council may appoint a City
Attorney. The City Attorney shall be a member of the bar of the Maryland
Court of Appeals. The City Attorney shall be the legal adviser of the City
and shall perform such duties in this connection as may be required by
the Council or the Mayor. His compensation shall be determined by the
Council. The City shall have the power to employ such legal consultants
as it deems necessary from time to time.

59.        The Council shall have the power to adopt personnel regulations
governing the employees of the City which may include the establishment
of a merit system. Among other things these rules and regulations may
provide for competitive examinations, the use of eligible lists, a classifica-
tion plan, a compensation plan, a probation period, appeals by employees
included within the classified service from dismissal or other disciplinary
action, and vacation and sick leave regulations. If such merit system be
established, the employees and officers of the City shall be divided into the
classified service and the unclassified service.

60.        a. The unclassified service shall comprise the following offices
and positions, which shall not be included within the merit system:

(1)    The Mayor, the Councilmen, and persons appointed to fill vacan-
cies in these positions.

(2)    The City Manager and the City Attorney.

(3)    The heads of all offices, departments, and agencies and members
of City boards and commissions.

(4)    Part-time, temporary, and unpaid offices and positions.

b. The classified service shall comprise all positions not specifically
included by this Section in the unclassified service. All offices and positions
included in the classified service shall be subject to any merit system rules
and regulations which may be adopted.

61.        a. If a merit system is adopted, no person in the classified service
of the City or seeking admission thereto shall be appointed, promoted,
demoted, removed, or in any way favored or discriminated against because
of his political or religious opinions or affiliations or any other factors not
related to ability to perform the work; no person shall willfully or corruptly
commit or attempt to commit any fraud preventing the impartial execution
of the personnel provisions of this Charter or of the rules and regulations
made thereunder; no officer or employee in the classified service of the City
shall continue in such position after becoming a candidate for nomination
or election to any public office; no person seeking appointment to or promo-
tion in the classified service of the City shall either directly or indirectly
give, render, or pay any money, service, or other valuable thing to any
person for or on account of or in connection with his appointment, proposed
appointment, promotion, or proposed promotion; no person shall orally,
by letter or otherwise, solicit or be in any manner concerned in soliciting