(A) Office created. The Office of the Town Manager is hereby created and established. The Town Manager shall be appointed by the Council wholly on the basis of his or her administrative and executive ability and qualifications and shall hold office for and at the pleasure of the Council.
(B) Bond. 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 shall be conditioned upon the faithful performance of the duties imposed upon the Manager, as herein prescribed. Any premium for the bond shall be a proper charge against the town.
(C) Compensation. The Town Manager shall receive compensation as the Council shall fix from time to time.
(D) Removal procedure. The Manager may be removed by a majority vote of the Council. If requested, the Council shall grant him or her a public hearing within 30 days following notice of removal. During the interim the Council may suspend the Manager from duty, but shall continue his or her salary and, if the removal becomes final, shall pay his or her salary for one month following the removal date.
(E) Powers and duties. The Town Manager shall be the administrative head of the government of the town under the direction and control of the Council, except as otherwise provided in this chapter. He or she shall be responsible to the Council for the proper administration of all affairs of the town. In addition to his or her general powers as administrative head and not as a limitation thereon, it shall be his or her duty and he or she shall have the powers set forth in the following divisions:
(1) Appoint, and, when necessary for the good of the service, suspend or remove all officers and employees of the town not appointed by the Council. He or she may, authorize the head of a department or office to appoint, suspend or remove subordinates in the department or office;
(2) Prepare the budget annually and submit it to the Council together with a message describing the important features and be responsible for its administration after adoption;
(3) Prepare and submit to the Council at the end of the fiscal year a complete report on the finances and administrative activities of the town the preceding year;
(4) Keep the Council advised of the financial condition and future needs of the town, and make recommendations as he or she may deem desirable;
(5) Recommend to the governing body a standard schedule of pay for each appointive office and position in the town service, including minimum, intermediate and maximum rates. Authorize the payment of overtime pay for the employees as may work in excess of a normal work period. The rates of pay and periods of work shall be in conformity with wages and salaries enacted by the Town Council;
(6) Recommend to the governing body from time to time adoption of measures as he or she may deem necessary or expedient for the health, safety or welfare of the community or for the improvement of administrative services;
(7) Consolidate or combine offices, positions, departments or units under his or her jurisdiction, with the approval of the Council. The Manager may be the head of one or more departments;
(8) Attend all meetings of the Council unless excused therefrom, and take part in the discussion of all matters coming before the Council. He or she shall be entitled to notice of all regular and special meetings of the Council;
(9) Supervise the purchase of all materials, supplies and equipment for which funds are provided in the budget; let contracts necessary for operation or maintenance of town services for amounts up to and including $1,000, receive sealed bids for purchases or contracts in excess of $1,000 and present them to the Council for approval, and advise the Council on the advantages or disadvantages of contract and bid proposals. No contract in excess of $1,000 and no contract for new construction shall be let, except by the Council. By unanimous vote of the Council, the Council may make purchases or let contracts for not to exceed $10,000 without receiving formal bids thereon. The Manager is authorized to approve purchases between $500 and $1,000, made by Department Heads only, without Council approval and to issue the rules governing purchasing procedures within the administrative organization as the council shall approve;
(10) In case of accident, disaster or other circumstances creating a public emergency, the Manager may award contracts and make purchases for the purpose of meeting the emergency; but he or she shall file promptly with the Council a certificate showing the emergency and the necessity for the action, together with an itemized account of all expenditures;
(11) See that all laws and ordinances are duly enforced;
(12) Investigate the affairs of the town or any department or division thereof;
(13) Investigate all complaints in relation to matters concerning the administration of the government of the town and in regard to service maintained by the public utilities in the town, and see that all franchises, permits and privileges granted by the town are faithfully observed; and
(14) Perform other duties as may be required by the Council, not inconsistent with state law or town ordinances.
(F) Council not to interfere with appointments or removals. With regard to officers and employees appointed by the Manager, neither the Council nor any of its members shall direct or request the appointment of any person to, or his or her removal or suspension from, the office by the Manager or any of his or her subordinates, or in any manner take part in the appointment or removal of the officers and employees in the administrative services of the town. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the Manager.
(G) Council-Manager relations. The Council and its members shall deal with the administrative services of the town only through the Manager, except for the purpose of inquiry, and neither the Council, nor any member thereof, shall give orders or instructions to any subordinates of the Manager. The Manager shall take his or her orders and instructions from the Council only when sitting in a duly convened meeting of the Council and no individual Council member shall give any orders or instructions to the Manager.
(H) Departmental cooperation. It shall be the duty of the Clerk and Attorney to assist the Manager in administering the affairs of the town efficiently, economically and harmoniously.
(I) Attendance at Commission meetings. The Manager may attend any and all meetings of the Planning and Zoning Commission, and all other commissions, boards or committees created by the Council, upon his or her own volition or upon direction of the Council. At the meetings which the Manager attends, he or she shall be heard by the Commission, boards or committees as to all matters upon which he or she wished to address the members thereof, and he or she shall inform the members as to the status of any matter being considered by the Council, and he or she shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the Council.
(J) Resignation of Manager. The Manager shall provide the Council a minimum of two months’ written notice of intention to resign his or her position.
(K) Employment agreements. Nothing in this section shall be construed as a limitation on the power or authority of the Council to enter into any supplemental agreement with the Manager delineating additional terms and conditions of employment not inconsistent with any provisions of this section.
(1974 Code, § 3-2-1) (Ord. 17, passed - -; Ord. 13-002, passed 11-12-2013)
