Loomis 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 council wholly on the basis of administrative and executive ability and qualifications and shall hold office for and during the pleasure of the council.

Residence in the town at the time of appointment of a town manager shall not be required as a condition of the appointment.

(Ord. 72 § 1, 1988)

The deputy town manager shall serve as manager pro tempore during any temporary absence or disability of the town manager. In the event there is no deputy, 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 the town manager's temporary absence or disability. In the event the town manager's absence or disability extends over a three-month period, the town council may, after the three-month period, appoint an acting town manager.

(Ord. 72 § 2, 1988)

The town manager shall receive such compensation and expense allowance 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 town council shall designate.

The town manager shall be reimbursed for all actual and necessary expenses incurred in the performance of official duties, including those incurred when traveling on business pertaining to the town.

On termination of employment of the town manager by reason of involuntary removal from office for other than wilful misconduct in office, the town manager shall receive cash severance pay in accordance with the terms of agreement for employment with the town.

(Ord. 72 § 3, 1988)

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 control. In addition to such general powers as administrative head, and not as a limitation thereon, it shall be the duty and the powers of the position as set forth in this section as follows:

A. 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 observed;

B. To control, order and give directions to all heads of departments and to subordinate officers and employees of the town under their jurisdiction through their department heads;

C. To appoint, remove, promote and demote any and all officers and employees of the town, except elective officers and the town attorney, subject to the personnel rules and regulations of the town;

D. To conduct studies and effect such administrative reorganization of offices, positions or units under the manager's direction as may be indicated in the interest of efficient, effective and economical conduct of the town's business;

E. To recommend to the town council for adoption such measures and ordinances as deemed necessary;

F. To attend all meetings of the town council unless excused therefrom by the mayor individually or the town council as a whole, except when removal is under consideration;

G. To prepare and submit the proposed annual budget and the proposal annual salary plan to the town council for its approval;

H. To serve as purchasing agent under the requirements set forth by ordinance. No expenditures shall be submitted or recommended to the town council except on report and approval of the town manager;

I. To make investigations into the affairs of the town and any department or division thereof and any contract or the proper performance of any obligations of the town; further, 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 the public utilities in the town and to see that all franchises and permits granted by the town are faithfully performed and observed;

J. To provide general supervision over all public buildings, and all other public properties which are under the control and jurisdiction of the town council;

K. To prepare or cause to be prepared in draft form agendas for all town council meetings for review with the mayor for finalization;

L. To receive documents addressed to the town council and immediately have copies forwarded to each councilmember with responses made as appropriate in the due course of business; and

M. To perform such other duties and exercise such other powers as may be delegated from time to time by ordinance, resolution or other official action of the town council.

(Ord. 72 § 4, 1988)

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 orders and instructions from the town council only when sitting in a duly convened meeting of the town council and no individual councilmember shall give 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 to assist the town manager in administering the affairs of the town efficiently, economically and harmoniously.

The town manager may attend any and all meetings of the planning commission, or any other commission, board or committee created by the town council. At such meeting, the town manager shall be heard by such commissions, boards or committees as to all matters the manager presents. The town manager shall inform such members as to the status of any matter being considered by the town council, and shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the town council.

(Ord. 72 § 5, 1988)

The town manager shall perform or cause to have performed the following duties:

A. Maintenance of Financial Records. To maintain all records readily reflecting the financial condition of the town and all of its departments.

B. Report for Fiscal Year. At the end of each fiscal year, to prepare and present to the town council the summary statement of receipts and disbursements, by departments and funds, including opening and closing fund balances of the town treasury.

C. Publication of Financial Statement. To cause the financial statement of the town to be published in accordance with the provisions of Sections 40804 and 40805 of the Government Code of the state.

D. Compilation of Financial Information for Budget. To compile all financial information necessary for the preparation of the town's budget and make such information available to the officer whose responsibility it is to prepare the budget.

E. Quarterly Financial Report. To prepare a monthly statement of all receipts and disbursements in sufficient detail to show the financial condition of the town and each of its departments.

F. Licenses. To supervise and be in charge of licenses, issuance and inspection.

G. Payroll Records. To supervise and be in charge of all payroll records.

H. Insurance Policies. To maintain a record of all insurance policies and their expiration dates.

I. Collection of Taxes and Assessments. To see that all taxes, assessments and other fees and revenues of the town or for whose collection the town is responsible, and all other money received by the town from the county, state or federal government or from any court, office, department or agency of the town are collected, and perform such duties that are from time to time assigned by the town council.

(Ord. 72 § 5.1, 1988)

The town manager shall serve as personnel director and perform the personnel functions as set forth in the personnel ordinance.

(Ord. 72 § 5.2, 1988)

Wherever in this code a function is specified to be performed by a particular officer other than the town attorney, town clerk, or town treasurer, the town manager may designate any legally qualified town employee to perform such functions.

(Ord. 72 § 5.3, 1988)

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 such bond shall be conditioned upon the faithful performance of the duties imposed upon the town manager as prescribed in this article. Any premium for such bond shall be a proper charge against the town.

(Ord. 72 § 5.4, 1988)

The removal of the town manager shall be effected only by a majority vote of the whole council as then constituted, convened in a regular council meeting, subject, however, to the following provisions:

A. In removing the town manager, except for wilful misconduct, 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 a hearing, the purpose of which is to allow the town manager to present to the town council grounds of opposition to removal prior to its action.

B. Notwithstanding these provisions, the town manager shall not be removed from office, other than for misconduct in office, during or within a period of forty-five 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 such forty-five day period aforementioned, all provisions as to the removal of the town manager shall once again apply and be effective.

C. In the event the intended removal of the town manager is for wilful misconduct in office, written notice to the town manager as provided in this section shall state that the reason for removal is wilful misconduct in office and shall state specific facts which constitute such wilful misconduct. The procedure for hearing and for suspension pending hearing shall be followed as provided for in the town manager's contract. A determination of wilful misconduct in office shall be evidenced by specific findings of facts constituting such wilful misconduct. The determination of what constitutes wilful misconduct shall be within the sole discretion of the town council provided that it shall relate to the welfare of the town.

D. Wilful misconduct includes conduct directly related to conduct in office and directly related to the duties of the office. It includes the refusal to follow the lawful directions of the town council. It also includes conduct not directly related to the performance of official duties of the office when such conduct has a direct and harmful effect on the welfare of the town. Evidence of such direct and harmful effect shall include, but shall not be limited to, conviction of a felony.

(Ord. 72 § 6, 1988)

Nothing in this chapter 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 provisions of this chapter.

(Ord. 72 § 7, 1988)

When authorized to do so by ordinance or resolution of the council the town manager may execute agreements on behalf of the town, or may make and execute agreements on behalf of the town.

(Ord. 180 § 2, 1997)