Chapter 2.08 — TOWN MANAGER

The office of the Town Manager is created and established. The Town Manager shall be appointed by the Town Council wholly on the basis of administrative and executive ability and qualifications. The Town Manager shall hold office for and during the pleasure of the Town Council.

No member of the Town Council shall be eligible for appointment as Town Manager until one year has elapsed after such Council member has ceased to be a member of the Town Council.

The Town Manager shall receive such compensation and expense allowances as the Town Council shall from time to time determine, and such compensation shall be a proper charge against such funds of the Town as the Council shall designate.

The Town Manager shall be reimbursed for all actual and necessary expenses incurred by him or her in the performance of his or her official duties.

The Assistant Town Manager shall serve as manager pro tempore during any temporary absence or disability of the Town Manager. In the event there is no assistant Town Manager to so act, the Town Manager, by a letter filed with the Town Clerk, shall designate a qualified Town administrative officer to exercise the powers and perform the duties of manager during his or her temporary absence or disability. The Town Council may appoint an acting or interim Town Manager.

The Town Manager shall be the administrative head of the government of the Town under the direction and control of the Town Council except as otherwise provided in this Chapter. The Town Manager shall be responsible for the efficient administration of all affairs of the Town, which are under his or her control. In addition to his or her general powers as administrative head, and not as a limitation thereon, he or she shall be expected to, and shall have the power to:

(1)

Enforce all laws and ordinances of the Town and to see that all franchises, contracts, permits and privileges granted by the Town Council are faithfully observed;

(2)

Except as provided for in Subsection (3), appoint, remove, promote and demote any and all officers and employees of the Town except elective officers, and the Town Attorney, subject to all applicable personnel rules and regulations which may be adopted by the Town Council;

(3)

Control, order and give directions to all department heads who are subject to his or her appointment and removal authority, and to subordinate officers and employees of the Town under his or her jurisdiction through their department heads;

(4)

Conduct studies and effect such organization and reorganization of offices, positions or units under his or her direction as may be indicated in the interest of efficient, effective and economical conduct of the Town's business;

(5)

Recommend to the Town Council for adoption such measures and ordinances as he or she deems necessary;

(6)

Attend all meetings of the Town Council unless excused therefrom by the Mayor individually or the Town Council as a whole, except when his or her removal is under consideration;

(7)

Prepare and submit the proposed annual budget and the proposed annual salary plan to the Town Council for its approval;

(8)

Direct and supervise all the purchasing activities of the Town;

(9)

Keep the Town Council at all times fully advised as to the financial condition and needs of the Town;

(10)

Make investigations into the affairs of the Town and any department or division thereof and any contract for the proper performance of any of the obligations of the Town; and further, to investigate all complaints in relation to matters concerning the administration of the Town government and in regard to the service maintained by public utilities in the Town;

(11)

Exercise general supervision over all public buildings, public parks and all other public properties which are under the control and jurisdiction of the Town Council;

(12)

Have the same authority as the Mayor (as conveniences to the parties may dictate) to sign documents specified in Government Code § 40602 whenever such documents have been approved by the Town Council for execution by resolution, motion, minute order or other appropriate action; and

(13)

Perform such other responsibilities and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other official action of the Town Council.

(Ord. 245, 10-9-01)

The Town Council and its members shall deal with the administrative services of the Town only through the Town Manager, except for the purpose of inquiry, and neither the Town Council nor any member thereof shall give orders to any subordinates of the Town Manager. For purposes hereof, "inquiry" means any and all communications short of giving orders, directions or instructions to any member of the administrative staff. Such members shall give all information reasonably requested by any Councilmember. The Town Manager shall take his or her orders and instructions from the Town Council only when sitting in a duly convened meeting of the Town Council and no individual Councilman shall give any orders or instructions to the Town Manager. The Town Council shall instruct the Town Manager in matters of policy. Any action, determination or omission of the Town Manager shall be subject to review by the Town Council. The Town Council may not overrule, change or modify any such action, determination or omission except by the affirmative vote of at least three members of the Town Council.

It shall be the duty of all subordinate officers and the Town Attorney, Town Clerk and Town Treasurer to assist the Town Manager in administering the affairs of the Town efficiently, economically and harmoniously.

The Town Manager may attend any and all meeting of the Planning Commission, and any other commission, board or committee created by the Town Council, upon his or her own volition or upon direction of the Town Council. At such meetings which the Town Manager attends, he or she shall be heard by such commissions, boards or committees as to all matters upon which he or she wishes to address the members thereof. He or she shall inform such members as to the status of any matter being considered by the Town Council, and he or she shall cooperate to the fullest extent with members of all commissions, boards or committees appointed by the Town Council.

The Town Manager's employment with the Town is for no definite term or period of time, and the Town Manager serves at the will and pleasure of the Town Council. The Town Manager's employment may be terminated at any time by a majority vote of the entire Town Council without stating reasons or other cause or justification, without prior notice, and without right of appeal or hearing. Not withstanding the above provisions of this Section, the Town Council may enter into a written agreement with a Town Manager which contains terms of employment which may differ from the above provision of this Section, which have been approved by the Town Council and signed by a duly authorized representative of the Town Council.

(Ord. 164, 03-04-96)

Notwithstanding the provision of Section 2.08.100, the Town Manager shall not be removed from office during or within a period of 90 days next succeeding the date any newly elected member of the Town Council assumes office after any general municipal election held in the Town except by the affirmative vote of at least two-thirds of the entire Town Council.

(Ord. 3, 11-28-88; Ord. 164, 03-04-96)