Fort Jones Municipal Code Ch. 2.32 Town Administrator

The town has created the office of town administrator.

(Ord. of 10-1-2018, § 1(2.30.010))

The town administrator shall be appointed by the town council pursuant to a written agreement prepared by the town attorney and approved by majority vote of the town council at a duly called meeting thereof, engaging the town administrator as either a town employee or independent contractor. The town administrator shall serve at the pleasure of the town council; provided, however, that the town may be contractually obligated to pay him or her if he or she is dismissed without good cause before the expiration of the term of any such contract. No person serving as a member of the town council shall be eligible for appointment as town administrator until one year has elapsed after such person has ceased to be a member of the town council. The town administrator need not be a resident of the town.

(Ord. of 10-1-2018, § 1(2.30.020))

The town council may at any time require the town administrator to furnish a surety bond, in such sum as may be determined by the town council. Any premium for such bond shall be paid by the town.

(Ord. of 10-1-2018, § 1(2.30.030))

The town administrator shall receive such compensation, benefits, and expense allowance as the town council may from time to time determine. The town administrator shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties or incurred while traveling on business pertaining to the town. Reimbursement for such expenses shall be made upon submission of adequate documentation, in compliance with applicable policies of the town.

(Ord. of 10-1-2018, § 1(2.30.040))

The town administrator may appoint one or more assistants or deputies as he or she may deem appropriate, and grant to such persons such powers as he or she may deem appropriate to act in his or her name in his or her absence or disability; provided, however, that any compensation to be paid to such assistants or deputies must be approved by the town council.

(Ord. of 10-1-2018, § 1(2.30.050))

The town administrator shall be the chief executive officer of the town, under the direction and control of the town council, except as otherwise provided in this chapter. He or she shall also hold the title of director of finance as described in Government Code § 40805.5 and perform all of the financial duties mandated by Government Code §§ 40802 through 40805. He or she shall be responsible for the efficient administration of all affairs and activities of the town government which are under his or her control.

(Ord. of 10-1-2018, § 1(2.30.060))

(a) Supervisory. The town administrator shall have the power to:

(1) Exercise control over all departments, divisions, and bureaus of the town and over all employees, except for other elected officials of the town;

(2) Appoint and dismiss town employees except for department heads, the town clerk, and town treasurer, who shall either be elected or appointed by the town council, as provided for in this Code; and

(3) Consult and work in conjunction with other elected officials of the town and the town attorney.

(b) Discipline. The town administrator may, in his or her discretion, in compliance with the town's personnel policy, and any applicable memorandum of understanding with any employee's union, appoint, remove, promote, demote, suspend, take disciplinary action against any town employee (except elected officials and the town attorney), with or without the recommendation of the employee's department head. As soon as practicable, the town administrator shall report, in writing, to the employee's department head and the town council the facts and circumstances of any such termination, demotion, or suspension. The department head and town council shall keep the contents of such report strictly confidential.

(c) Support. It shall be the duty of all town employees, subordinate officers, the town attorney, the town clerk and the town treasurer, to assist the town administrator in the efficient, economical, and harmonious administration of town affairs.

(d) Appeals. Actions of the town administrator to demote, reduce the pay or benefits, suspend, or discharge a town employee may be appealed by the employee to the town council.

(e) Administrative leave. The town administrator shall have the power to place any town employee on paid administrative leave, pending satisfaction of the employee's due process rights.

(f) Council initiatives. The town council may not initiate action against any town employee unless the position of town administrator is then vacant or the town administrator has been on a leave of absence for more than 21 calendar days, and then only after considering the recommendation, if any, of the employee's department head.

(g) Reorganization. It shall be the duty and responsibility of the town administrator to recommend to the town council such reorganization of offices, positions, and departments under his or her direction as may be in the best interests of the efficient, effective, and economical conduct of the town's business.

(h) Ordinances. It shall be the duty of the town administrator, and he or she shall recommend to the town attorney for preparation and to the town council for adoption, such measures and ordinances as he or she deems necessary or expedient.

(i) Meetings. It shall be the duty of the town administrator to attend all meetings of the town council unless excused therefrom, except when his or her contract, compensation, suspension, or removal is under consideration.

(j) Financial condition. It shall be the duty of the town administrator to keep the town council at all times fully advised as to the financial conditions and needs of the town.

(k) Budget. It shall be the duty of the town administrator to prepare and submit the proposed annual budget to the town council for its approval.

(l) Purchases. It shall be the duty of the town administrator, and he shall be responsible for the purchase of all materials, equipment, and supplies of the departments of the town.

(m) Investigations. It shall be the duty of the town administrator to make investigations into the affairs of the town, and any department or division thereof, any contract and the proper performance thereof, and all complaints in relation to matters concerning the administration of town government or in regard to the service of public utilities in the town.

(o) Town properties. It shall be the duty of the town administrator and he or she shall exercise general supervision over all public buildings and other public property which is under the control and jurisdiction of the town council.

(p) Other employment and contracts. Nothing herein shall prohibit the town administrator from engaging in any business enterprise, nor from accepting other employment or contractual engagements which do not interfere with his or her duties hereunder.

(q) Other duties and powers. It shall be the duty of the town administrator to perform such other duties and exercise such other powers as may from time to time be delegated to him or her by ordinance, resolution, or other action of the town council.

(r) Law enforcement. It shall be the duty of the town administrator to enforce all ordinances and regulations of the town and to see that all franchises, contracts, permits, and privileges granted by the town council are faithfully observed. Nothing herein shall be deemed to authorize the town administrator to make or cause to be made any arrest, nor to issue any citation, for violation of any law or ordinance, such powers being reserved solely to the police chief, if any, the sheriff, the chief of the fire department, and the town building inspector, or their respective subordinates, as appropriate.

(s) Additional duties and powers. The town council may impose additional duties upon, and grant additional powers to, the town administrator, consistent with this chapter and this Code.

(Ord. of 10-1-2018, § 1(2.30.070))

Pursuant to Government Code § 40602, the town administrator, in addition to the mayor, is authorized to sign all warrants, contracts, conveyances, and instruments, except for those related to transactions in which the town administrator has a financial benefit or interest, and as to the latter, only the mayor, or in his or her absence, the vice-mayor, shall have such authority; provided, however, that the town council may expressly provide for other persons to execute any such document on behalf of the town.

(Ord. of 10-1-2018, § 1(2.30.080))