Truckee 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.

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.

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.

The Town Manager shall be reimbursed for all actual and necessary expenses incurred in the performance of official duties, including those incurred when traveling on business pertaining to the Town.

The 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 to so act, the Town Manager, by letter filed with the Town Clerk, shall designate a qualified Town administrative officer to exercise the powers and perform the duties of Manager during any temporary absence or disability. The Town Council may appoint an Acting Town Manager.

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

(a) 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;

(b) Appoint, remove, promote and demote any and all officers and employees of the Town except elected officers and the Town Attorney, subject to all applicable personnel rules and regulations which may be adopted by the Town Council;

(c) Control, order and give directions to all department heads who are subject to appointment and removal authority, and to subordinate officers and employees of the Town through their department heads;

(d) Conduct studies and effect such organization and reorganization of offices, positions or units under the Town Manager as my be indicated in the interest of efficient, effective and economical conduct of the Town's business;

(e) Recommend to the Town Council for adoption such measures and ordinances as deemed necessary;

(f) Attend all meetings of the Town Council unless excused there from by the Mayor individually or the Town Council as a whole, except when removal of the Town Manager is under consideration;

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

(h) Keep the Town Council at all-time fully advised as to the financial condition and needs of the Town;

(i) Make investigations into the affairs of the Town and any department or division thereof and any contract or other obligation of the Town; and further 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;

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

(k) Have the same authority as the Mayor, as convenience to the parties may dictate, to sign documents as specified in Section 40602 of the California Government Code whenever such documents have been approved by the Town Council for execution. Additionally, the Town Manager shall have the authority to sign on behalf of the Town without Council review, routine authorizations, contracts, agreements, indemnifications, and conveyances. These include but are not limited to, applications, certifications subdivision improvement agreements, purchase orders, invoices, deed acceptances and other similar documents without Council Authorization so long as the execution is for the purpose of implementing an existing Town policy; regulation, or approval. Only the Town Manager and the Mayor shall be authorized to approve agreements on behalf of the Town unless execution by another officer is expressly required by state or federal law.

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

(ORD 2006-07 12-07-06)

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. For purposes hereof, "inquiry" means any and all communications short of giving orders, directions or instructions to any member of the administrative staff. Such members shall provide all information reasonably requested by any Councilmember. The Town Manager shall take 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 orders 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. 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.

The removal of the Town Manager shall be effected only by a majority vote of the whole Council as then constituted, convened in a regular Council meeting.

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 93-15 06-03-93)