Fairfax Municipal Code Ch. 2.12 Town Manager

The Office of Town Manager of the town is created and established.

(Prior Code, § 2.08.010) (Am. Ord. 712, passed 7-6-2005)

(A) The Town Manager shall be appointed by the Town Council solely on the basis of his or her executive and administrative qualifications and ability.

(B) He or she shall hold office at and during the pleasure of the Town Council, subject to the provisions of § 2.12.100.

(Prior Code, § 2.08.020) (Am. Ord. 712, passed 7-6-2005)

Residency in the Town of Fairfax, at the time of appointment of the Town Manager, shall not be required as a condition of appointment or service.

(Prior Code, § 2.08.030) (Ord. 438, passed - -1978; Am. Ord. 712, passed 7-6-2005; Am. Ord. 855, passed 7-7-2021)

No person elected to membership on the Town Council shall, subsequent to the election, be eligible for appointment to the Office of Town Manager until at least one year has elapsed after he or she has ceased to be a member of the Town Council.

(Prior Code, § 2.08.040) (Am. Ord. 712, passed 7-6-2005)

The Town Manager shall designate, subject to the approval of the Town Council, one of the other officers or department heads of the town to serve as Town Manager Pro Tempore during the temporary absence or disability of the Town Manager. In case of the absence or disability of the Town Manager and his or her failure to so designate a Manager Pro Tempore, the Council may designate some duly qualified person 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 as set forth in this chapter.

(Prior Code, § 2.08.060) (Am. Ord. 712, passed 7-6-2005)

The Town Manager shall receive the compensation and expense allowances as the Town Council shall, from time to time, fix and determine by resolution.

(Prior Code, § 2.08.070) (Am. Ord. 712, passed 7-6-2005)

(A) 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 or she shall be responsible for the efficient administration of all the affairs of the town which are under his or her control.

(B) In addition to his or her general powers as administrative head, and not as a limitation thereon, it shall be his or her duty and he or she shall have the powers set forth in the following divisions:

(1) Enforcement of laws. To see that all laws and ordinances of the town are duly enforced and that all franchises, permits and privileges granted by the town are faithfully observed;

(2) Control of officers and employees. To control, order and give directions to all heads of departments, and to subordinate officers and employees of the town through their department heads; transfer employees from one department to another; and consolidate or combine offices, positions, departments or units under his or her direction;

(3) Appointment and removal of certain officers. Subject to, and in accordance with, civil service and town personnel ordinances and regulations, to appoint, remove and demote any appointive officers and employees, except the Town Attorney; provided, however, that the appointment of department heads shall require ratification by the Town Council until the Town Manager has served in that position for 12 months;

(4) Representation of town. To represent the town in its negotiations and working relationships with the state, the county and other governmental jurisdictions; provided that, any contracts negotiated for the exchange of services from any such other governmental jurisdiction shall be subject to approval by the Town Council;

(5) Attendance at Council meetings. To attend all meetings of the Town Council unless excused therefrom by the Council;

(6) Recommend ordinances. To recommend to the Town Council, for adoption, the measures or ordinances as he or she deems necessary or expedient;

(7) Advise as to finances. To keep the Town Council, at all times, fully advised as to the financial condition and needs of the town;

(8) Preparation of budget. To prepare and submit the proposed annual budget and the proposed salary plan to the Town Council for its approval;

(9) Purchase of supplies. Subject to and in accordance with the town purchasing ordinance, to direct and supervise the purchase and acquisition in any lawful manner of all property, equipment, services, materials and supplies for the town and for all departments and divisions thereof; provided, the purchase or acquisition thereof has been approved by the Town Council or is included in a budget which has been approved and adopted by the Town Council; (No expenditure shall be submitted or recommended to the Town Council, except on report or approval of the Town Manager.)

(10) Investigation of town affairs. To make investigations into the affairs of the town or any department or division thereof and any contract for the proper performance of any obligations running to the town;

(11) Investigation of complaints. To investigate all complaints in relation to matters concerning the administration of the town government and in regard to services maintained by public utilities in the town and to see that all franchises, permits and privileges granted by the town are faithfully performed and observed;

(12) Supervision of public property. To exercise general supervision over all public buildings, public parks and all other public property which is under the control and jurisdiction of the Town Council;

(13) Devotion of entire time to duties. To devote full time to the duties of his or her office and the interests of the town;

(14) Performance of delegated duties. To perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other action of the Town Council; and

(15) Attendance at commission and board meetings. To attend all meetings of any commissions or boards heretofore or hereafter created by the Town Council upon his or her own volition or upon direction of the Town Council. At any such meetings which he or she attends, the Town Manager shall be heard by the commissions and boards as to all matters upon which he or she wishes to address them.

(Prior Code, § 2.08.080) (Am. Ord. 712, passed 7-6-2005 ; Am. Ord. 718, passed 11-1-2006; Am. Ord. 744, passed 7-1-2009; Am. Ord. 879, passed 6-7-2023)

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 or her orders and instructions from the Town Council only when sitting in a duly held meeting of the Town Council and no individual Council member shall give any orders or instructions to the Town Manager. No individual Council member shall give any orders or instructions to the Town Manager, except the Mayor or Vice Mayor, or Acting Mayor in the case of emergency

(Am. Ord. 712, passed 7-6-2005)

It is the duty of all subordinate officers and the Town Attorney to cooperate with and assist the Town Manager in administering the affairs of the town most efficiently, economically and harmoniously so far as may be consistent with their duties as prescribed by the laws and ordinances of the town.

(Prior Code, § 2.08.100) (Am. Ord. 712, passed 7-6-2005)

(A) Removal or suspension of the Town Manager shall be only by the affirmative votes of at least three members of the Town Council at a regular meeting of the Council.

(B) The Town Manager shall not be removed from office during or within a period of 90 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 to 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 or her office. After the expiration of the 90-day period aforementioned, the provisions of division (A) above as to the removal of the Town Manager shall apply and be effective.

(Prior Code, § 2.08.110) (Am. Ord. 712, passed 7-6-2005)

The Office of the Town Manager is specifically excluded from the civil service or personnel system of the town, and the Town Manager shall not be entitled to the benefits, advantages or protection of the civil service or personnel system of the town. He or she shall not be subject to the procedures outlined or prevailing in the system.

(Prior Code, § 2.08.120) (Am. Ord. 712, passed 7-6-2005)