Chapter 2.04 — 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 his administrative and executive ability and qualifications and shall hold office for and during the pleasure of the town council. (Ord. 58 §2, 1982)

Residence in the town at the time of appointment of a town manager is not required as a condition of the appointment, but within ninety days after reporting for work, the town manager must become a resident of the town. (Ord. 58 §3, 1982)

No member of the town council is eligible for appointment as town manager until one year has elapsed after such councilmember has ceased to be a member of the town council. (Ord. 58 §4, 1982)

The town manager and acting 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 shall be conditioned upon the faithful performance of the duties imposed upon the town manager and acting town manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the town. (Ord. 58 §5, 1982)

The appointment of an assistant town manager shall be only with the prior approval of the town council. Any such 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 assistant town manager, the town manager, with the approval of the town council and by filing a written notice with the town clerk, shall designate a qualified town employee to exercise the powers and perform the duties of town manager during his temporary absence or disability. In the event the town manager's absence or disability extends beyond a one-month period, the town council may, after the one-month period, appoint an acting town manager. (Ord. 58 §6, 1982)

A.

The town manager shall receive such compensation as the town council shall from time to time determine. In addition, the town manager shall be reimbursed for all actual and reasonable expenses incurred by him in the performance of his required duties.

B.

On termination of employment of the town manager by reason of involuntary removal from service other than for wilful misconduct in office, the town manager shall receive cash severance pay in an amount equal to that as agreed to between the town and the manager per the manager's employment agreement. (Ord. 224 §1, 1993; Ord. 58 §7, 1982)

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. He shall be responsible for the efficient administration of all the affairs of the town which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the powers set forth in Sections 2.04.080 through 2.04.210. (Ord. 81 § 1 (part), 1983: Ord. 58 § 8 (part), 1982)

It shall be the duty of the town manager 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. (Ord. 81 §1 (A), 1983: Ord. 58 §8 (A), 1982)

It shall be the duty of the town manager to control, order and give directions to all heads of departments in accordance with policies established by the town council. It shall also be the duty of the town manager to give orders and direction to subordinate officers and employees of the town only through their department heads. (Ord. 81 §1 (B), 1983: Ord. 58 §8 (B), 1982)

It shall be the duty of the town manager to, and he shall, appoint and remove, with the approval of the town council, the department heads of the town except the town attorney and town clerk. The town manager shall remove, or cause to be removed, any department head as directed by the town council. The town manager shall either approve appointment and removal of all other employees by department heads or authorize department heads to appoint and remove in certain classes of positions, subject to all applicable personnel rules and regulations which may be adopted by the council. (Ord. 117 §1, 1984: Ord. 102 §1, 1983: Ord. 81 §1 (C), 1983: Ord. 73 §2, 1982; Ord. 58 §8 (C), 1982)

It shall be the duty and responsibility of the town manager to conduct studies and effect such administrative reorganization of officers, positions or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the town's business. Any such reorganization resulting in changes in the function or basic structure of such offices, positions or units shall require the prior approval of the town council. (Ord. 81 §1 (D), 1983: Ord. 58 §8 (D), 1982)

It shall be the duty of the town manager and he shall recommend to the town council for adoption such measures and ordinances as he deems necessary. (Ord. 81 §1 (E), 1983: Ord. 58 §8 (E), 1982)

It shall be the duty of the town manager to attend all meetings of the town council unless he is excused therefrom by the mayor individually or the town council. The town council, in its discretion, may excuse the town manager from attendance at any council meeting or portion thereof. (Ord. 81 §1 (F), 1983: Ord. 58 §8 (F), 1982)

It shall be the duty of the town manager to keep the town council at all times fully advised as to the financial condition and needs of the town. (Ord. 81 §1 (G), 1983: Ord. 58 §8 (G), 1982)

It shall be the duty of the town manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the town council for its approval. (Ord. 81 §1 (H), 1983: Ord. 58 §8 (H), 1982)

The town manager, or his authorized representative, shall be responsible for the purchase of all supplies, in compliance with a procurement policy approved by the town council, for all the departments or divisions of the town. (Ord. 81 §1 (I), 1983: Ord. 58 §8 (I), 1982)

It shall be the duty of the town manager 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 public utilities in the town. A summary of all complaints and actions taken shall be furnished to the town council. (Ord. 81 §1 (J), 1983: Ord. 58 §8 (J), 1982)

It shall be the duty of the town manager and he shall exercise general supervision over all public buildings, public parks and all other public property which is under the control and jurisdiction of the town council. (Ord. 81 §1 (K), 1983: Ord. 58 §8 (K), 1982)

It shall be the duty of the town manager to perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other official action of the town council. (Ord. 81 §1 (L), 1983: Ord. 58 §8 (L), 1982)

A.

Emergency Defined. For the purposes of this chapter, "emergency" means the existence of conditions of disaster or extreme peril to the safety of persons and/or property within the territorial limits of the town caused by conditions, including but not limited to, flood, fire, snow, storm, air pollution, epidemic, riot, drought, sudden and severe energy shortage or earthquake.

B.

Managing Authority in an Emergency. In the event of an emergency requiring the expenditure of town funds before a special town council meeting could be convened to authorize that expenditure, the town manager shall have the authority to authorize the expenditure of town funds and to otherwise obligate the town as he, in his sole discretion, determines to be necessary or appropriate to combat the effects of emergency, up to a maximum of five thousand dollars per emergency. (Ord. 81 §1 (M), 1983: Ord. 58 §8 (M), 1982)

The town manager shall not participate directly, indirectly or through an intermediary in any political activity that is related to the town unless in support of a political position taken by the town council. (Ord. 81 §1 (N), 1983: Ord. 58 §8 (N), 1982)

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 or instructions to any subordinates of the town manager. The town manager shall take his orders and instructions from the town council only when sitting in a duly convened meeting of the town council or in writing when approved by a majority of the members of the town council during a duly convened meeting, and no individual councilman shall give any orders or instructions to the town manager. (Ord. 58 §9 (A), 1982)

The town manager may attend any and all meetings of the planning commission and any other commissions, boards or committees created by the town council, upon his own volition or upon direction of the town council. At such meetings which the town manager attends, he shall be heard by such commissions, boards or committees as to all matters upon which he wishes to address the members thereof, and he shall inform the members as to the status of any matter being considered by the town council, and he shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the town council. The town manager shall not give orders or direction to any such commissions, boards or committees. (Ord. 58 §9 (B), 1982)

A.

Required Vote—Notice. The removal of the town manager, with or without cause, shall be effected only by a majority vote of the whole town council as then constituted, convened in a regular council meeting, subject, however, to the provisions of subsections B, C and D of this section. In case of his intended removal by the town council, the town manager shall be furnished with a written notice stating the council's intention to remove him, at least thirty days before the effective date of his removal. In the event of removal of the town manager for misconduct he shall be terminated immediately without the right to compensation accruing after the date of termination.

B.

Hearing. Within seven days after the delivery to the town manager of a notice of intended removal, he may by written notification to the town clerk request a hearing before the town council. Thereafter the town council shall fix a time for a hearing, in closed session, prior to the effective date contained in the notice of intended removal, at which the town manager shall appear and be heard, with or without counsel.

C.

Suspension Pending Hearing. After furnishing the town manager with written notice of intended removal, or concurrent therewith, the town council may suspend him from duty, but his compensation shall continue until his removal by action of the council passed subsequent to any requested hearing provided pursuant to subsection B of this section.

D.

Discretion of Council. 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 such hearing being to allow the town manager to present to the town council his grounds of opposition to his removal prior to its action. (Ord. 58 §10, 1982)

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. 58 §11, 1982)