Mammoth Lakes Municipal Code Ch. 2.08 Town Manager

The office of the Town Manager is created and established. The Town Manager shall be appointed by the Town Council wholly on the basis of administrative and executive ability and qualifications. The Town Manager shall hold office for and during the pleasure of the Town Council, subject to the terms of a binding employment agreement entered into between the Town Council and the Town Manager.

(Prior Code, § 7.08.010; Code 1990, § 2.08.010; Ord. No. 00-06, § 1, 2000)

No member of the Town Council shall be eligible for appointment as Town Manager until one year has elapsed after such Councilmember has ceased to be a member of the Town Council.

(Prior Code, § 2.08.020; Code 1990, § 2.08.020)

The Town Manager shall receive such compensation and expense allowances 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 Council shall designate.

(Prior Code, § 2.08.030; Code 1990, § 2.08.030; Ord. No. 17-01, § 1(exh. A), 1-4-2017)

The Town Manager shall be reimbursed for all actual and necessary expenses incurred by the Town Manager in the performance of the Town Manager's official duties.

(Prior Code, § 2.08.040; Code 1990, § 2.08.040; Ord. No. 17-01, § 1(exh. A), 1-4-2017)

The Deputy or Assistant 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 or Assistant Town Manager to so act, the Town Manager, by a notice 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. The Town Council may appoint an acting Town Manager.

(Prior Code, § 2.08.050; Code 1990, § 2.08.050; Ord. No. 89-04, § 1, 1989)

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 the Town Manager's control. In addition to the Town Manager's general powers as administrative head, and not as limitation thereon, the Town Manager shall be expected to, and shall have the power to:

(1) 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;

(2) Serve as the personnel director and appoint, remove, promote and demote any officers and employees of the Town except elective officers and the Town Attorney subject to all applicable personnel rules and regulations which may be adopted by the Town Council;

(3) Control, order and give directions to all department heads who are subject to the Town Manager's appointment and removal authority, and to subordinate officers and employees of the Town under the Town Manager's jurisdiction;

(4) Conduct studies and effect such organization and reorganization of 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;

(5) Recommend to the Town Council for adoption of such measures and ordinances as the Town Manager deems necessary;

(6) Attend all meetings of the Town Council unless excused therefrom by the Mayor individually or the Town Council as a whole, except when his or her removal is under consideration;

(7) Prepare and submit the proposed annual budget and the proposed annual salary plan to the Town Council for its approval;

(8) Direct and supervise all the purchasing activities of the Town;

(9) Keep the Town Council at all times fully advised as to the financial condition and needs of the Town;

(10) Make investigations into the affairs of the Town and any department or division thereof and any contract or the proper performance of any of the obligations of the Town; and further, 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 in the Town;

(11) Exercise general supervision over all public buildings, public parks and all other public properties which are under the control and jurisdiction of the Town Council;

(12) Have the same authority as the Mayor (as conveniences to the parties may dictate) to sign documents specified in Government Code § 40602 when such documents have been approved by the Town Council for execution by resolution, motion, minute order or other appropriate action; and

(13) Perform such other responsibilities and exercise such other powers as may be delegated to the Town Manager from time to time by ordinance or resolution or other official action of the Town Council.

(Prior Code, § 2.08.060; Code 1990, § 2.08.060; Ord. No. 89-04, § 1, 1989; Ord. No. 17-01, § 1(exh. A), 1-4-2017)

(a) 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.

(b) For purposes of this section, the term "inquiry" means any communications short of giving orders, directions or instructions to any member of the administrative staff. Such member shall give all information reasonably requested by any Councilmember.

(c) The Town Manager shall take his or her 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 any order 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.

(d) 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.

(Prior Code, § 2.08.070; Code 1990, § 2.08.070; Ord. No. 17-01, § 1(exh. A), 1-4-2017)

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.

(Prior Code, § 2.08.080; Code 1990, § 2.08.080; Ord. No. 89-04, § 1, 1989)

The Town Manager may attend any meetings of the Planning and Economic Development Commission, and any other commission, board or committee created by the Town Council, upon the Town Manager's own volition or upon direction of the Town Council. At such meetings which the Town Manager attends, the Town Manager shall be heard by such commissions, boards, or committees as to all matters upon which the Town Manager wishes to address the members thereof. The Town Manager shall inform such member as to the status of any matter being considered by the Town Council, and the Town Manager shall cooperate to the fullest extent with members of all commissions, boards or committees appointed by the Town Council.

(Prior Code, § 2.08.090; Code 1990, § 2.08.090; Ord. No. 17-01, § 1(exh. A), 1-4-2017)

The removal of the Town Manager shall be effected only by a majority vote of the whole Council; subject, however, to the provisions of Section 2.08.110.

(Code 1990, § 2.08.100; Ord. No. 17-01, § 1(exh. A), 1-4-2017)

(a) Notwithstanding the provisions of Section 2.08.120, the Town Manager shall not be removed from office during or within a period of 90 days following any general municipal election held in the Town at which election a member of the Town Council is considered by the voters of the Town.

(b) 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 the office.

(c) After the expiration of the 90-day period aforementioned, the provisions of Section 2.08.100, as to the removal of the Town Manager, shall apply.

(Code 1990, § 2.08.110; Ord. No. 17-01, § 1(exh. A), 1-4-2017)

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.

(Code 1990, § 2.08.120; Ord. No. 17-01, § 1(exh. A), 1-4-2017)