Corte Madera Municipal Code Ch. 2.12 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 his/her administrative and executive ability and qualifications and shall hold office for and during the pleasure of the town council.

(Ord. 281 § 1, 1957)

No person elected as a councilman of the town shall, subsequent to such election, be eligible for appointment as town manager until one year has elapsed after such councilmember has ceased to be a member of the town council.

(Ord. 281 § 3, 1957)

The town manager shall appoint, subject to the approval of the town council, one of the other officers or department heads of the town to serve as manager pro tempore during the period of absence or disability of the town manager.

(Ord. 802 § 2, 1996: Ord. 281 § 5, 1957)

The town manager shall receive such compensation and expense allowances as the town council shall from time to time determine and fix by resolution, and said compensation and expenses shall be a proper charge against such funds of the town as the city council shall designate.

The town manager shall be reimbursed for all sums necessarily incurred or paid by him/her in the performance of his/her duties or incurred when traveling on business pertaining to the town under direction of the town council. Reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for such business for which reimbursement is requested, and when such claim has been presented to the town council for approval and approved by the town council.

(Ord. 281 § 6, 1957)

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. He/she shall be responsible for the efficient administration of all the affairs of the town which are under his control. In addition to his/her general powers as administrative head, and not as a limitation thereon, the town manager shall have such duties and powers as are set forth in Sections 2.12.080—2.12.210.

(Ord. 281 § 7, 1957)

It shall be the duty of the town manager to 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 complied with and observed.

(Ord. 281 § 8, 1957)

It shall be the duty of the town manager, and he/she shall have the authority, to control, order and give directions to all heads of departments and to subordinate officers and employees of the town under his jurisdiction through their respective department heads.

(Ord. 281 § 9, 1957)

It shall be the duty of the town manager to, and he/she shall appoint, remove, promote, discipline and demote any and all officers and employees of the town, including department heads, subject to all applicable personnel ordinances, rules and regulations, and/or contracts approved by the town council, except the town attorney.

(Ord. 754 § 1, 1988)

It shall be the duty and responsibility of the town manager to recommend to the town council such reorganization of offices, positions, departments or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the town's business.

(Ord. 281 § 11, 1957)

It shall be the duty of the town manager to recommend to the town council for adoption such measures and ordinances as he deems necessary or expedient.

(Ord. 281 § 12, 1957)

It shall be the duty of the town manager to attend all meetings of the town council unless excused therefrom, except when his/her removal is under consideration.

(Ord. 281 § 13, 1957)

It shall be the duty of the town manager to keep the town council at all times fully advised as to the financial conditions and needs of the town.

(Ord. 281 § 14, 1957)

It shall be the duty of the town manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the town council for its approval.

(Ord. 281 § 15, 1957)

It shall be the duty of the town manager to direct that a monthly report be submitted to the town council certifying the accuracy and amount of payrolls and demands (accounts payable) paid during the previous month, for council approval.

All checks for payroll and accounts payable shall require the signature of the town manager and the counter-signature of the director of finance. The town manager may delegate the responsibility to sign checks to other than the director of finance.

To maintain efficiency, the town manager may establish different signature requirements and counter-signature requirements based on dollar amounts for payroll checks and for accounts payable checks.

(Ord. 758 § 3, 1989)

The town manager shall be responsible for the procurement of all materials, supplies, equipment and services for all departments of the town. The town manager may designate a subordinate officer or employee of the town to perform these duties.

(Ord. 758 § 4, 1989: Ord. 281 § 16, 1957)

It shall be the duty of the town manager to collect, settle, compromise, release or dismiss any claim of the town provided its disposition is not otherwise directed by the town council or by statute, ordinance, resolution, insurance policy or agreement, subject to certain conditions.

(a) The amount shall not exceed fifty thousand dollars per claim, provided if the claim is in litigation, the concurrence of the town counsel or other legal counsel retained by the town and representing the town or its officers or employees is obtained; and

(b) If the amount exceeds fifty thousand dollars per claim, the town manager shall recommend settlement or rejection of claims to the council.

(Ord. No. 1004, § 1, 2-16-2021)

The town manager is designated and shall serve as town clerk, and shall perform the statutory duties and have the responsibilities thereof. Such designation, duties and responsibilities may, at the discretion of the town manager, subject to ratification by the town council, be delegated to a subordinate officer or employee of the town.

(Ord. 747 § 1, 1987: Ord. 724 § 2, 1984)

The town manager shall have the same authority as the mayor (as convenience to the mayor and town manager may dictate) to sign documents specified in California Government Code Section 40602, provided such documents have been approved by the town council for execution by resolution, motion, minute order or other appropriate action.

(Ord. 827 § 1, 1997)

It shall be the duty of the town manager to make investigations into the affairs of the town and any department or division thereof, and to see to it that all contracts with, and obligations of, the town are faithfully performed.

(Ord. 281 § 17, 1957)

It shall be the duty of the town manager 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, and to see that all franchises and permits granted by the town are faithfully performed and observed.

(Ord. 281 § 18, 1957)

It shall be the duty of the town manager to exercise general supervision over all public buildings, public parks and all other public property which are under the control and jurisdiction of the town council.

(Ord. 281 § 19, 1957)

It shall be the duty of the town manager to devote his entire time to the duties of his office in the interests of the town.

(Ord. 281 § 20, 1957)

It shall be the duty of the town manager to perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other action of the town council.

(Ord. 281 § 21, 1957)

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. The town manager shall take his orders and instructions from the town council only when sitting in a duly held meeting of the town council and no individual councilman shall give any orders or instructions to the town manager.

(Ord. 281 § 22, 1957)

It shall be the duty of all subordinate officers and of the town clerk, town treasurer and town attorney to assist the town manager in administering the affairs of the town efficiently, economically and harmoniously so far as may be consistent with their duties as prescribed by law and the ordinances of the town.

(Ord. 281 § 23, 1957)

The town manager may attend any and all meetings of the planning commission, park and recreation commission, and any other commissions, boards or committees hereafter created by the town council, upon his own volition or upon direction of the town council. At such meetings which the town manager attends, he shall be heard by such commissions, boards or committees as to all matters upon which he wishes to address the members thereof; he shall inform said members as to the status of any matter being considered by the town council; and he shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the town council.

(Ord. 281 § 24, 1957)

The town manager may be removed from his office only with the concurrence of three members of the town council and at a regular or specially called council meeting, subject, however, to the provisions of Sections 2.12.250 through 2.12.280. In case of his intended removal by the town council, the town manager shall be furnished with a written notice stating the council's intention to remove him and the reason therefor, at least thirty days before the effective date of his removal.

(Ord. 281 § 25, 1957)

Within seven days after the delivery to the town manager of such notice he may, by written notification to the town clerk, request a hearing before the town council. Thereafter, the town council shall fix a time for the hearing, which shall be held at its usual meeting place, but before the expiration of the thirty day period, at which the town manager shall appear and be heard, with or without counsel.

(Ord. 281 § 26, 1957)

After furnishing the town manager with written notice of intended removal, the town council may suspend him from duty, but his compensation shall continue until his removal by resolution of the council passed subsequent to the hearing mentioned in Section 2.12.250.

(Ord. 281 § 27, 1957)

In removing the town manager, the town council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing. The purpose of this provision is to allow the town manager to present to the town council his grounds of opposition to his removal prior to its action.

(Ord. 281 § 28, 1957)

Notwithstanding the provisions of Sections 2.12.240 through 2.12.270, the town manager shall not be removed from office during or within a period of ninety days next succeeding any general municipal election, held in the town, at which election a member of the town council is elected. The purpose of this provision is to allow any newly elected member of the town council or a reorganized town council to observe the actions and ability of the town manager in the performance of the powers and duties of his office. After the expiration of the ninety-day period, the provisions of the preceding section as to the removal of the town manager shall apply and be effective.

(Ord. 281 § 29, 1957)