Yucca Valley 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. (Ord. 3, 11-27-1991)

No member of the town council shall be eligible for appointment as town manager until one year has elapsed after such council member has ceased to be a member of the town council. (Ord. 3, 11-27-1991)

A. Compensation: 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.

B. Reimbursement: The town manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties. (Ord. 3, 11-27-1991)

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 a letter filed with the town clerk, shall designate a qualified town administrative officer to exercise the powers and perform the duties of manager during his temporary absence or disability. The town council may appoint an acting or interim town manager. (Ord. 3, 11-27-1991)

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 his control. In addition to his general powers as administrative head, and not as a limitation thereon, he shall be expected to, and shall have the power to 1 :

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 elective officers, the town attorney, the town clerk and the town treasurer 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 his appointment and removal authority, and to subordinate officers and employees of the town under his jurisdiction through their department heads;

D. Conduct studies and effect such organization and reorganization of offices, positions or units under his direction as may 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 he deems necessary;

F. Attend all meetings of the town council unless excused therefrom by the mayor individually or the town council as a whole, except when his performance or removal 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. Direct and supervise all the purchasing activities of the town;

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

J. Make investigations into the affairs of the town and any department or division thereof and any contract or the proper performance of any of the obligations of the town; and further, 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;

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

L. Have the same authority as the mayor (as conveniences to the parties may dictate) to sign documents specified in California Government Code section 40602 whenever such documents have been approved by the town council for execution by resolution, motion, minute order or other appropriate action; and

M. Perform such other responsibilities 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. 3, 11-27-1991)

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 give all information reasonably requested by any council member. 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 and no individual council member 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 (3) members of the town council. (Ord. 3, 11-27-1991)

It shall be the duty of all subordinate officers and the town attorney, town clerk and town treasurer to assist the town manager in administering the affairs of the town efficiently, economically and harmoniously. (Ord. 3, 11-27-1991)

The town manager may attend any and all meetings of the planning commission, and any other commission, board or committee 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. 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 members of all commissions, boards or committees appointed by the town council. (Ord. 3, 11-27-1991)

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, provided an agreement with a temporary or interim town manager may waive rights otherwise accruing to a town manager in this chapter. (Ord. 3, 11-27-1991)