Moraga Municipal Code Ch. 2.08 Town Manager

The office of the town manager is created. The town council appoints the town manager and shall make the appointment wholly on the basis of his or her administrative and executive ability and qualifications. The town manager holds office at the pleasure of the town council.

(Prior code § 2-101)

Editor's note— Ord. No. 266, § 1, adopted Feb. 8, 2017, repealed § 2.08.020, which pertained to residence and derived from prior code § 2-102.

A member of the town council is not eligible for appointment as town manager until one year elapses after the council member ceases to be a member of the council.

(Prior code § 2-103)

The town council, in its discretion, may require the town manager or acting town manager to furnish a corporate surety bond approved by the town council in such sum as the town council determines. The bond shall be conditioned upon the faithful performance of the duties imposed upon the town manager and acting town manager. The premium for the bond is a proper charge against the town.

(Prior code § 2-104)

(Ord. No. 266, § 2, 2-8-2017)

The assistant town manager serves as manager pro tempore during the temporary absence or disability of the town manager. If there is no assistant town manager, the town manager shall designate a qualified town employee to exercise the powers and perform the duties of town manager during his or her temporary absence or disability by filing a written notice with the town clerk. If the town manager's absence or disability extends over two months, the town council may appoint an acting town manager.

(Prior code § 2-105)

The town manager receives such compensation as the town council determines from time to time.

The town manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his or her official duties, except as otherwise provided by the town council.

(Prior code § 2-106)

The town manager is the administrative head of the government of the town, subject to the direction and control of the town council. He or she is responsible for the efficient administration of all the affairs of the town which are under his or her control. In addition to his or her general powers as administrative head and not as a limitation on them, the town manager shall:

A. Enforce the laws and ordinances of the town and see that the franchises, contracts, permits and privileges granted by the council are faithfully observed;

B. Control, order and give directions to all heads of departments and to subordinate officers and employees of the town who are subject to removal by him or her;

C. Appoint, remove, promote and demote each officer and employee of the town, excepting the town attorney, town auditor and town treasurer, subject to personnel ordinances, rules and regulations;

D. Conduct studies and effect such administrative reorganization of offices, positions and units under his direction as are in the interest of efficient, effective and economical conduct of the town's business;

E. Recommend to the council for adoption such measures and ordinances as he or she considers necessary;

F. Attend all meetings of the council unless he or she is excused by the mayor individually or the council, except when his or her removal is under consideration;

G. Keep the council advised at all times as to the financial condition and needs of the town;

H. Prepare and submit the proposed annual budget and the proposed annual salary plan to the council for its approval;

I. See that no expenditures are submitted or recommended to the council except on approval of the town manager or his or her authorized representative. The town manager or his or her authorized representative is responsible for the purchase of all supplies for all the departments and divisions of the town;

J. Make investigations into the affairs of the town and each department and division of it and each contract and its proper performance by the town. The town manager shall investigate all complaints of matters concerning the administration of the town government and of the service maintained by public utilities in the town;

K. Exercise general supervision over all public buildings, public parks and all other public property under the control and jurisdiction of the council;

L. Perform such other duties and exercise such other powers as the town council delegates to him or her from time to time.

(Prior code § 2-107)

Each member of the town council shall deal with the administrative services of the town through the town manager, except for purposes of inquiry. Neither the council nor a member of the council shall give orders or instructions to subordinates of the town manager. The town manager shall take his or her orders and instructions from the council only when the council is sitting in a duly convened meeting and no individual councilman shall give orders or instructions to the town manager.

(Prior code § 2-108)

Each subordinate officer and the town clerk, town auditor, town treasurer and the town attorney shall assist the town manager in administering the affairs of the town efficiently, economically and harmoniously.

(Prior code § 2-109)

The town manager may, and upon request of the town council shall, attend meetings of the planning commission, other commissions, boards and committees created by the council. At these meetings which the town manager attends, boards or committees shall hear the town manager upon matters which he or she wishes to address the members, and he or she shall inform the members as to the status of matters being considered by the council. He or she shall cooperate to the fullest extent with the members of each commission, board and committee appointed by the council.

(Prior code § 2-110)

The town manager may be removed only by a majority vote of the whole town council as then constituted, convened in a regular council meeting, subject to Sections 2.08.120 through 2.08.150. In case of his or her removal by the council, the council shall furnish the town manager with a written notice stating the council's intention to remove him or her at least ninety (90) days during his first year of employment, and thirty (30) days thereafter, before the effective date of his or her removal. If the town manager so requests, the council shall provide in writing reasons for the intended removal. The council shall provide the town manager with these written reasons within seven days after the receipt of a request from the town manager. The town manager shall make his or her request for the reasons in writing at least fifteen (15) days before the effective date of his or her removal.

(Prior code § 2-111)

Within seven days after the delivery to the town manager of the notice of intention to remove, the town manager may request a hearing before the council by filing written notice with the town clerk. Thereafter, the council shall fix a time for the hearing. The council shall hold the hearing at its usual meeting place, before the effective date of the intended removal. At the hearing, the town manager may appear and be heard with or without counsel. The purpose of the hearing is to allow the town manager to present to the council his or her grounds of opposition to his removal before the council acts.

(Prior code § 2-112)

After furnishing the town manager with written notice of intended removal, the council may suspend him or her from duty, but his or her compensation continues until the effective date of his or her removal by action of the council taken after the hearing referred to in Section 2.08.120.

(Prior code § 2-113)

In removing the town manager, the council has absolute discretion and its action is final and conclusive and does not depend upon any particular showing or degree of proof at the hearing.

(Prior code § 2-114)

Notwithstanding Sections 2.08.110 through 2.08.140, the town manager may not be removed from office, other than for misconduct in office, during the period of ninety (90) days following: (1) a general municipal election held in the town at which a member of the town council is elected; or (2) the time when a new town councilmember is appointed. The purpose of this section is to allow each newly elected or appointed member of the council or a reorganized council to observe the actions and ability of the town manager in the performance of the powers and duties of his or her office.

(Prior code § 2-115)

This chapter is not a limitation on the power or authority of the town council to enter into a supplemental agreement with the town manager delineating additional terms and conditions of employment not inconsistent with those sections.

(Prior code § 2-116)