Woodside Municipal Code § 31.23 Relationship with Town officers

(A) The office of Town Manager is hereby created and established.

(1975 Code, § 2-1.201)

(B) The Town Manager shall be appointed by the Council on the basis of his/her administrative and executive abilities and qualifications, and he/she shall hold office for and during the pleasure of the Council.

(C) No person elected as a member of the Council shall, subsequent to such election, be eligible for appointment as Town Manager until one year has elapsed after such member of the Council shall have ceased to be a member of the Council.

(1975 Code, § 2-3.202) (Ord. 1972-238, effective - -72)

Residence in the Town at the time of the appointment of the Town Manager shall not be required as a condition of employment. However, if the Town Manager does not become a resident of the Town within one year after taking office, the Council shall require that he/she reside within an area of close proximity to the Town, and such area shall be determined by the Council.

(1975 Code, § 2-3.203) (Ord. 1972-238, effective - -72)

The Town Manager shall furnish a corporate surety bond to be approved by the Council in such sum as may be determined by the Council, and such bond shall be conditioned upon the faithful performance of the duties imposed upon the Town Manager as set forth in Section 31.20. Any premium for such bond shall be a proper charge against the Town.

(1975 Code, § 2-3.204) (Ord. 1972-238, effective - -72)

The Town Manager shall appoint, subject to the approval of the Council, one of the other officers or department heads of the Town to serve as Town Manager Pro Tempore during any temporary absence or disability of the Town Manager. In the event of the absence or disability of the Town Manager and his/her failure to so appoint a Town Manager Pro Tempore, the Council may designate some qualified Town officer or employee to perform the duties of the Town Manager during the period of the absence or disability of the Town Manager.

(1975 Code, § 2-3.205) (Ord. 1972-238, effective - -72)

The Town Manager shall receive such compensation and expense allowances as the Council shall from time to time determine. Such compensation and expense allowances shall be fixed by resolution and shall be a proper charge against such funds of the Town as the Council shall designate. In addition, the Town Manager shall be reimbursed for all sums necessarily incurred or paid by him/her in the performance of his/her duties or incurred when traveling on business pertaining to the Town under the direction of the Council.

(1975 Code, § 2-3.206) (Ord. 1972-238, effective - -72; Am. Ord. 1997-486, effective 6-26-97)

The Town Manager shall be the administrative head of the Town government under the direction and control of the Council, except as otherwise provided in this subchapter. He/she shall be responsible for the efficient administration of all the affairs of the Town which are under his/her control, and he/she is hereby authorized to sign all written contracts and agreements which have previously been approved by the Council. In addition to his/her general powers as administrative head, and not as a limitation thereon, he/she shall have the following powers and duties:

(A) Law enforcement. To enforce any of the provisions of this Code or any other ordinance of the Town, or any rule, regulation, or order promulgated or issued pursuant to this Code, or to the provisions of any code adopted by reference by this Code, and to ascertain that all franchises, contracts, permits, and privileges granted by the Council are faithfully observed.

(B) Direction of officers and employees. To control, order, and give directions to all department heads, including those appointed by contract or agreement, subordinate officers, and employees of the Town, except the elected officers, the Town Attorney, and the Town Auditor; provided, however, nothing in this section or this subchapter shall be construed as giving the Town Manager the power and authority to order or direct an appointive Town officer to perform any duty or function which is in violation of the laws of the state or the Town, nor to cease performing a duty or function which may be required by the laws of the state or the Town.

(C) Appointment, removal, promotion, and demotion of officers and employees. To appoint, remove, promote, and demote any and all officers and employees of the Town, except the Town Attorney;

(D) Organization of offices, positions, and departments. To recommend to the Council such organization of offices, positions, departments, or units under his/her direction as may be indicated in the interests of the efficient, effective, and economical conduct of the business of the Town;

(E) Recommendation of legislation. To recommend to the Council for adoption such measures and ordinances as he/she deems necessary or expedient;

(F) Attendance at Council meetings. To attend all meetings of the Council, unless excused therefrom, except when his/her removal is under consideration;

(G) Disposition of correspondence. To receive and dispose of mail addressed to the Council and to take action on matters not necessarily requiring Council action;

(H) Preparation of financial reports. To keep the Council at all times fully advised as to the financial conditions and needs of the Town;

(I) Preparation of budgets and salary plans. To prepare and submit to the Council for its approval the proposed annual budget and the proposed annual salary plan;

(J) Purchases and expenditures. To purchase all supplies for all the departments or divisions of the Town. No expenditure shall be submitted to the Council except with the report and approval of the Town Manager;

(K) Investigations. To make investigations into the affairs of the Town, and any department or division thereof, and any contract or the proper performance of any obligation of the Town;

(L) Investigations of complaints. To investigate all complaints in relation to matters concerning the administration of the Town government and the services maintained by public utilities in the Town and to ascertain that all franchises and permits granted by the Town are faithfully performed and observed;

(M) Suspension of public property. To exercise general supervision over all public buildings, parks, and all other public property which is under the control and jurisdiction of the Council;

(N) Devotion of time to his/her duties. To devote his/her entire time to the duties of his/her office in the interests of the Town; and

(O) Performance of additional duties. To perform such other duties and exercise such other powers as may be delegated to him/her from time to time by ordinance, resolution, or other action of the Council.

(1975 Code, § 2-3.207) (Ord. 1972-238, effective - -72; Am. Ord. 1984-318, effective 5-10-84) Designation of Town Manager as Town Finance Director, see § 31.05.

The Town Manager, or his/her duly authorized and appointed representative, may attend any and all meetings of the Planning Commission and any other commissions, boards, and committees created by the Council upon his/her own volition or upon the direction of the Council, at which meetings he/she shall be heard by such commissions, boards, and committees as to all matters upon which he/she may wish to address the members thereof, and he/she shall inform such members as to the status of any matter being considered by the Council, and he/she shall cooperate to the fullest extent with the members of all such commissions, boards, and committees appointed by the Council.

(1975 Code, § 2-3.08) (Ord. 1972-238, effective - -72)

(A) The Council and its members shall deal with the administrative services of the Town only through the Town Manager, except for the purposes of inquiry, and neither the Council nor any of its members shall give orders to any subordinate of the Town Manager. The Town Manager shall take his/her orders and instructions from the Council only when sitting in a duly held meeting of the Council, and no individual Councilman shall give any orders or instructions to the Town Manager; provided, however, the provisions of this section shall not preclude the Town Manager from meeting with other public officials or agencies for the purpose of conferring on Town policy matters even though he/she may not have received official instructions from the Council sitting in a duly held meeting.

(B) The Mayor shall act in a liaison capacity between the Council and the Town Manager and in such capacity shall advise the Town Manager on matters of Council policy.

(1975 Code, § 2-3.209) (Ord. 1972-238, effective - -72)

It shall be the duty of each subordinate officer of the Town to cooperate with and 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 the laws of the Town.

(1975 Code, § 2-3.210) (Ord. 1972-238, effective - -72; Am. Ord. 1997-486, effective 6-26-97)