Los Gatos Municipal Code Div. 2 Town Manager

Footnotes:

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State Law reference— Town Manager, Gov. Code §§ 34850—34859.

The office of Town Manager is established.

(Code 1968, § 2-11)

The Town Manager shall be appointed by the Town Council solely on the basis of the person's executive and administrative qualifications and ability, and shall hold office at and during the pleasure of the Town Council.

(Code 1968, § 2-12)

(a) Residence in the Town at the time of appointment shall not be required as a condition of appointment as Town Manager.

(b) No person elected to membership on the Town Council shall, subsequent to such election, be eligible for appointment as Town Manager until one (1) year has elapsed after the person has ceased to be a member of the Town Council.

(Code 1968, § 2-13)

(a) The Town Manager shall receive such compensation as the Town Council shall from time to time determine and fix by resolution, and such compensation shall be a proper charge against such funds of the Town as the Town Council shall designate.

(b) The Town Manager shall be reimbursed for all sums necessarily incurred or paid in the performance of Town duties, or incurred when traveling on business pertaining to the Town under the direction of the Town Council. Reimbursement shall only be made when a request for reimbursement has been submitted documenting the expenses, which is approved by the Mayor and subsequently ratified by the Council. Ratification shall occur upon the approval of the payroll and/or warrant registers.

(Code 1968, § 2-14)

The office of Town Manager is 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 and shall not be subject to the procedures outlined or prevailing to such system.

(Code 1968, § 2-15)

In case of the absence or disability of the Town Manager, the Town 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.

(Code 1968, § 2-17)

(a) The removal of the Town Manager shall be only upon a majority vote of the whole council, all five members being present (subject to the provisions of the following section). In case of the Town Manager's intended removal by the Town Council, the Town Manager shall be furnished with a written notice stating the Town Council's intention to remove the Town Manager at least thirty (30) days before the effective date of the removal.

(b) Within seven (7) days after the delivery to the Town Manager of such notice, the Town Manager may, by written notification to the Town Clerk, request a public hearing before the Town Council. Thereafter the Town Council shall fix a time for the public hearing which shall be held at its usual meeting place, but before the expiration of the thirty-day period, and at which the Town Manager shall appear and be heard.

(c) After furnishing the Town Manager with written notice of intended removal, the Town Council may suspend the Town Manager from duty, but the Town Manager's compensation shall continue until the Town Manager's removal by the Town Council is passed subsequent to the public hearing.

(d) 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 which is to allow the Town Manager to publicly present to the Town Council the grounds of opposition to removal, prior to its action.

(Code 1968, § 2-18; Ord. No. 2243, § I, 8-18-15)

Notwithstanding the provisions of this right, the Town Manager shall not be removed from office during or within a period of thirty (30) 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 the office. After the expiration of such thirty-day period, the provisions of the preceding section as to the removal of the Town Manager shall apply and be effective.

(Code 1968, § 2-19)

The Town Manager shall be the administrative head of the Town Government under the direction and control of the Town Council, except as otherwise provided in this article. The Town Manager shall be responsible for the efficient administration of all the affairs of the Town which are under the Town Manager's control. In addition to the general powers as administrative head, and not as a limitation thereon, the Town Manager shall have the following powers and duties:

(1) Law enforcement. To see that this Code and any other laws and ordinances of the Town are duly enforced, and that all franchises, permits and privileges granted by the Town are faithfully observed, and to report to the Town Council any violations thereof.

(2) Supervision of employees. To control, order and give directions to all heads of departments, subordinate officers and employees of the Town, except the Town Clerk, Town Treasurer and Town Attorney; to transfer employees from one (1) department to another; and to consolidate or combine offices, positions, departments or units under the Town Manager's direction; provided, that nothing contained in this article shall be construed to supersede the civil service system of the Town.

(3) Hiring and firing. To appoint and remove any officers and employees of the Town except the Town Clerk, Town Treasurer and Town Attorney, subject to the civil service system of the Town.

(4) Departmental control. To exercise control over all departments of the Town Government and over all appointive officers and employees thereof, except the Town Clerk, Town Treasurer and Town Attorney.

(5) Attendance at meetings. To attend all meetings of the Town Council unless excused therefrom by the Town Council, except when the Town Manager's removal is under consideration by the Town Council.

(6) Budget. To prepare the budget annually and submit it to the Town Council and be responsible for its administration after adoption.

(7) Annual report. To prepare and submit to the Town Council, as of the end of the fiscal year, a complete report on the finances and administrative activities of the Town for the preceding year.

(8) Needs and financial condition of Town. To keep the Town Council advised on the financial condition and future needs of the Town and make such recommendations as may seem desirable.

(9) Examination of employee conduct. To examine, or cause to be examined, without notice, the conduct of any officer or employee of the Town.

(10) Advisory boards, etc. To appoint such advisory boards or committees of citizens as the Town Manager may deem desirable, with the growth of the Town, to advise and assist the Town Manager in the Town Manager's work; provided, that such persons shall not receive any compensation.

(11) Personnel officer. To act as personnel officer until the Town Council shall establish a separate office therefor.

(12) Investigation of complaints. To investigate all complaints in relation to matters concerning the administration of the Town Government.

(13) Supervision over Town property. To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the Town Council and not specifically delegated to a particular board or officer.

(14) Devotion to duty. To devote the person's entire time to the duties of the Town Manager's office and interests of the Town.

(15) Civic activities. To provide leadership for civic movements designed to benefit the residents of the Town when so authorized by the Town Council.

(16) Ex officio membership on boards, etc. The Town Manager shall be an ex officio member of all boards and commissions appointed by the Mayor or Town Council pursuant to law, with a right to participate in all deliberations or actions by voice but without vote.

(17) Others. To perform such other duties and exercise such other powers as may be delegated to the Town Manager from time to time by resolution of the Town Council.

(Code 1968, § 2-20)

The exercise of the powers and duties of the Town Manager under the provisions of this division shall be subject to division 6 of this article, establishing the rules and regulations respecting a personnel system for the Town and providing for the classification of employees, the appointment, transfer, promotion, demotion, removal, suspension, dismissal and reinstatement of such employees, and the procedure outlined therein governing the same.

(Code 1968, § 2-21)

Neither the Town Council, nor any member thereof, shall direct or request the appointment of any person to or removal of any person from office by the Town Manager or by any other appointing officer, or in any manner take part in the appointment or removal of an officer or employee in the administrative service of the Town. Except for the purpose of inquiry, the Town Council and its members shall deal with the administrative services solely through the Town Manager, and neither the Town Council nor any member thereof shall give orders to any Town Officer, other than the Town Attorney, either publicly or privately.

(Code 1968, § 2-22)