2-2 TOWN MANAGER.

The position of the Town Manager of the Town of Danville is hereby created pursuant to Government Code Section 34851. The Town Manager shall be appointed by and serve at the pleasure of the Town Council. (Ord. #10, §2-201)

The Town Manager shall be appointed wholly on the basis of his or her administrative and executive ability and qualifications. (Ord. #10, §2-202)

Although it is desirable that the person appointed establish residence within the Town within a reasonable period of time, residency within the Town shall not be a condition of employment. (Ord. #10, §2-203)

If not covered by a blanket bond for Town employees, the Town Manager shall furnish a corporate surety bond to be approved by the Town Council in such sum as may be determined by the Town Council and shall be conditioned upon the faithful performance of the duties imposed upon the Town Manager as herein prescribed. Any premium or such bond shall be a proper charge against the Town. (Ord. #10, §2-204)

The Town Manager shall recommend for Council approval one of the officers or department heads of the Town to serve as Acting Town Manager during any temporary absence or disability of the Town Manager. In case of the absence or disability of the Town Manager and failure to choose an Acting Town Manager, the Town Council may designate some qualified Town employee to perform the duties of the Town Manager during the period of absence or disability of the Town Manager, subject, however, to the person furnishing a corporate surety bond conditioned upon faithful performance of the duties required to be performed unless the person is covered by the Town’s blanket bond. (Ord. #10, §2-205)

The Town Manager shall receive such compensation as the Town Council shall from time to time determine. In addition, the Town Manager shall be reimbursed for all actual and necessary expenses incurred in the performance of official duties with approval of the Council (Ord. #10, §206)

2-2.7 Powers and Duties.

The Town Manager shall be the administrative head of the government of the Town under the direction and control of the Town Council. The Town Manager shall be responsible for the efficient administration of all the affairs of the Town. In addition to general powers as administrative head, and not as a limitation thereon, the Town Manager shall have the duties and the powers set forth in the following paragraphs:

a. Service to and Direction of Town Council . To respond promptly to all requests by the Town Council for information and advice and see that all Council instructions, orders and decisions are carried out promptly.

b. Reserved .

c. Appointment and Removal . Pursuant to Government Code Section 34856, to appoint and remove, with the approval of the Town Council, all officers and department heads including the Town Treasurer, but excluding the Town Attorney. The Town Manager shall either appoint, remove, promote or demote all other Town employees or approve their appointment, removal, promotion or demotion subject to all applicable personnel rules and regulations which may be adopted by ordinance or resolution by the Council.

d. Authority Over Employees . To control, order and give directions to all heads of departments and to subordinate officers and employees of the Town under the Town Manager’s jurisdiction through their department heads.

e. Budget . To prepare and submit the proposed annual budget and the proposed annual salary plan to the Town Council and, upon approval of the Town Council, to administer the budget and salary plan.

f. Expenditure Control and Purchasing . To see that no expenditures shall be submitted or recommended to the Town Council except on approval of the Town Manager or authorized representative and to be responsible for the purchase of all equipment and supplies for all the departments or divisions of the Town subject to Council policy.

g. Contracts . To negotiate all contracts for services for which the Town has a service responsibility to its residents and desires to provide such service by contract. The contract shall be approved by the Town Council. After the Council approves the contract, it shall be the duty of the Town Manager to administer the contract and determine that its provisions are carried out. The Town Manager shall report to the Council at such times as the Council may direct on the performance of the contractor.

h. Financial Reports . To keep the Town Council at all times fully advised as to the financial condition and needs of the Town.

i. Policies . To recommend to the Town Council such policies which, in the judgment of the Town Manager, are worthy of consideration by the Town Council.

j. Administrative Reorganization . To conduct studies and effect such administrative reorganization of services, offices, positions or units under the Town Manager’s direction as may be indicated in the interest of efficient, effective and economical conduct of the Town’s business.

k. Investigations and Complaints . To make investigations into the affairs of the Town and any department or the proper performance of any obligations of the Town and 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.

l. Law Enforcement . To enforce or cause to be enforced 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.

m. Public Property . To exercise general supervision over all public property which is under the control and jurisdiction of the Town Council.

n. Attendance at Council Meetings . To attend all meetings of the Town Council unless excused therefrom by the Mayor or the Town Council.

o. Additional Duties . To perform such other duties and exercise such other powers as may be delegated from time to time by ordinance or other official action of the Town Council. (Ord. #10, §2-207; Ord. #89-13, §1)

a. Council-Manager Relations . The Town Council and its members shall deal with the administrative services of the Town through the Town Manager, except for the purpose of inquiry, and neither the Town Council nor any member shall give orders or instructions to any subordinates of the Town Manager. The Town Manager shall take orders and instructions from the Town Council only when sitting in a duly convened meeting of the Town Council and no individual Council member shall give any orders or instructions to the Town Manager.

b. Department Cooperation . It shall be the duty of all subordinate officers to assist the Town Manager in administering the affairs of the Town efficiently, economically and harmoniously.

c. Attendance at Commission Meetings . The Town Manager may attend any and all meetings of the Planning Commission and any other commissions, boards or committees created by the Town Council. At such meetings, the Town Manager shall be heard by such commissions, boards or committees as to all matters the Town Manager wishes to address the members thereof, and inform the members as to the status of any matter being considered by the Town Council. The Town Manager shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed

by the Town Council. (Ord. #10, §2-208)

The Town Manager may be terminated by the Town Council at any time subject to such conditions which may be agreed to pursuant to subsection 2-2.10. (Ord. #10, §2-209)

Nothing in this section shall be construed as a limitation on the power or authority of the Town Council to enter into any supplemental agreement with the Town Manager delineating additional terms and conditions of employment not inconsistent with any provision of the section. (Ord. #10, §2-210)