Tiburon Municipal Code Art. II Town Manager

The office of the town manager is created and established. The town manager shall be appointed by the town council and shall hold office for and during the pleasure of the town council.

(Ord. No. 18, § 1)

* As to adoption of rules and regulations to govern recreational lands by town manager, see § 18-1 of this Code. As to appointment of town manager as director of emergency services, see § 21-5. As to administration enforcement of refuse and garbage regulations by town manager, see § 26-10.

The town manager shall be appointed wholly on the basis of his administrative and executive ability and qualifications.

No person elected as a councilman of the town shall, subsequent to such elections, be eligible for appointment as town manager until one year has elapsed after such council member shall have ceased to be a member of the town council.

(Ord. No. 18, §§ 1 to 3; Ord. No. 157 N.S., § 1)

(a) The town manager shall receive such compensation and expense allowances as the town council shall from time to time determine and fix by resolution and such compensation and expenses shall be a proper charge against such funds of the town as the council shall designate.

(b) The town manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the town under direction of the town council. Notwithstanding the foregoing, the town manager shall not receive reimbursement for any expenses covered by an automobile allowance included in the town manager's compensation package. Prior to receiving reimbursement, the town manager shall submit a verified and itemized claim, setting forth the sums expended for such business for which reimbursement is requested to the town finance director with signed and dated receipts.

(Ord. No. 18, § 5; Ord. No. 444 N.S., § 4)

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 article. 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 following powers:

(a) To enforce all laws and ordinances 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 his jurisdiction, through their department heads.

(c) To appoint, remove, promote and demote any officers of the town except the town attorney and town treasurer, subject, however, to any civil service or personnel systems established by ordinance. As indicated in section 3-2, department heads (i.e. department heads, as defined in the town's organization chart in the municipal budget) shall have the authority to administer discipline, up to and including termination, of employees in their respective departments. Rulings by any hearing officer selected to hear the appeal of any discipline of a town employee shall be advisory on the town manager.

* As to personnel regulations generally, see ch. 3 of this Code.

(d) To recommend to the town council such reorganization of offices, positions, departments or units under his 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 he deems necessary or expedient.

(f) To attend all meetings of the town council unless excused therefrom.

(g) To keep the town council at all times fully advised as to the financial conditions and needs of the town.*

* As to finance generally, see ch. 5 of this Code.

(h) To prepare and submit the proposed annual budget and the proposed annual salary plan* to the town council for its approval.

* As to finance generally, see ch. 5 of this Code.

(i) To be responsible for the purchase of all supplies for all of the departments or divisions of the town. No expenditures shall be submitted or recommended to the town council unless accompanied by a report of the town manager.

(j) 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.

(k) 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, and to see that all franchises, and permits granted by the town are faithfully performed and observed.

(l) To 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.

(m) To be responsible for the town's finance and accounting procedures and programs.

(n) 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 action of the town council.

(o) The town manager is authorized to designate persons, in addition to police officers, as code enforcement officers, to enforce all provisions of this Code or any other ordinance within the definition of Section 2-8.

(p) Pursuant to the provision of Section 830.6 of the Penal Code of the state of California, the town manager is authorized to deputize or appoint, as a reserve or auxiliary town peace officer, any officer or employee of the town who meets such qualifications therefor as may be imposed by law, and who is assigned specific police functions by the town manager.

(Ord. No. 18, § 6; Ord. No. 444 N.S., §§ 5, 6, 7; Ord. No. 439 N.S., § 3; Ord. No. 585 N.S., § 2, 11-20-2019)

It shall be the duty of the town manager to devote his entire time to the duties of his office in the interests of the town.

(Ord. No. 18, § 7)

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 his orders and instructions from the town council only when sitting in a duly held meeting of the town council, and no individual councilman shall give orders or instructions to the town manager.

(Ord. No. 18, § 8)

It shall be the duty of all subordinate officers and the town treasurer and town attorney to assist the town manager in administering the affairs of the town efficiently, economically and harmoniously so far as may be consistent with their duties as prescribed by law and ordinances of the town.

(Ord. No. 18, § 9)

The town manager may attend any 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 such 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.

(Ord. No. 18, § 10)

In the event of the absence or disability of the town manager, he shall designate, subject to the approval of the town council, one of the other officers or department heads of the town to serve as town manager pro tempore during such period. In the event of such absence and disability and in the event of the failure of the town manager to so designate a manager pro tempore, the town council may designate some duly qualified person to perform the duties of the town manager during the period of absence or disability.

(Ord. No. 18, § 11)

(a) The removal of the town manager shall be only upon a three member vote of the whole town council in a regular town council meeting, subject to the provisions 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 town council's intention to remove him and the reason therefor, at least thirty days before the effective date of his removal.

(b) Within seven days after the delivery to the town manager of such notice 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 the hearing which shall be held at its usual meeting place, but before the expiration of the thirty day period, at which the town manager shall appear and be heard, with or without counsel.

(c) After furnishing the town manager with written notice of intended removal, the town council may suspend him from duty, but his compensation shall continue until his removal by resolution of the town council passed subsequent to such 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 present to the town council his grounds of opposition to his removal prior to its action.

(e) Notwithstanding the provisions of this section, the town manager shall not be removed from office, except for malfeasance or nonfeasance during or within a period of ninety 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 duties of his office. After the expiration of such ninety-day period, the provisions of this section as to the removal of the town manager shall apply and be effective.

(Ord. No. 18, §§ 12 to 16)

Prior to terminating his employment for any reason the town manager shall notify the town council, in writing, at least thirty days prior to the effective date thereof.

(Ord. No. 18, § 17)