(A) Appointment; compensation. The Board of Commissioners shall appoint a Town Manager who shall be the chief executive officer and the administrative head of the town government. He shall be chosen solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter outlined. He need not be a resident of the town at the time appointed, but during his tenure of office he shall reside within the Town. No person elected Mayor or member of the Board of Commissioners shall be eligible for appointment as Town Manager until one year has elapsed following the expiration of the term of office for which he was elected. The Town Manager shall serve at the pleasure of the Board of Commissioners and shall receive such salary as the Board shall fix.
('70 Code, Ch. A, Art. IV § l)
(B) Term; removal. The Town Manager shall be appointed for an indefinite term but may be removed by a majority vote of the members of the Board of Commissioners by giving to the Town Manager a written notice at least 30 days prior to the time when the removal shall become effective. The action of the Board in removing the Manager shall be final. In case of the absence or disability of the Manager, the Board may designate a qualified administrative officer to perform the duties of the Manager during such absence or disability.
('70 Code, Ch. A, Art. IV § 2)
(C) Power of appointment of officers and employees. The Town Manager shall be responsible to the Board of Commissioners for the proper administration of all affairs of the town placed in his charge, and to that end, subject to the provisions of the Town Charter and except as otherwise provided herein, shall have power to appoint all officers and employees in the administrative service of the town. However, the Manager may authorize the head of a department or office responsible to him to appoint subordinates in such department or office. Appointments made by, or under authority of, the Town Manager shall be on the basis of executive and administrative ability and of the training and experience of such appointees in the work they are to perform. All such appointments shall be without definite term unless for provisional, temporary, or emergency services.
('70 Code, Ch. A, Art. IV § 3)
(D) Power of removal of officers and employees. Any officer or employee to whom the Town Manager or a head of a department or office may appoint a successor, may be removed by the Manager or other appointing officer at any time. The decision of the Manager or other appointing officer shall be final, and there shall be no appeal therefrom to any other office, agency, body, or court whatsoever.
('70 Code, Ch. A, Art. IV § 4)
(E) Board not to interfere in appointments or removals. Neither the Mayor, the Board of Commissioners, nor any of its committees or members shall direct or request the appointment of any person to, or his removal from, office by the Town Manager or any of his subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the town. Except for the purpose of inquiry, the Mayor and the Board of Commissioners and its members shall deal with officers and employees in the administrative service only through the Town Manager, and neither the Mayor, the Board of Commissioners, nor any of its members shall give orders or directions to any subordinate of the Town Manager, either publicly or privately.
('70 Code, Ch. A, Art. IV § 5)
(F) Duties. It shall be the duty of the Town Manager to:
(1) Supervise the administrative affairs of the town.
(2) Act as Director of Finance.
(3) Act as Purchasing Agent.
(4) Act as chief conservator of the peace within the town.
(5) Perform the duties of the municipal accountant in accordance with the provisions of the Municipal Fiscal Control Act.
(6) Perform all duties incident to the collection of town taxes pursuant to G.S. § 105-373, in accordance with the provisions of the Machinery Act.
(7) See that the ordinances of the town and the laws of the state are enforced within the town.
(8) Make such recommendations to the Board of Commissioners concerning the affairs of the town as may seem to him desirable.
(9) Keep the Board of Commissioners advised of the financial condition and future needs of the town.
(10) Prepare and submit to the Board of Commissioners the annual budget estimate.
(11) Prepare and submit to the Board of Commissioners such reports as may be required by that body.
(12) Perform such other duties as may be required of him by ordinances or resolution of the Board of Commissioners. ('70 Code, Ch. A, Art. IV § 6)
(G) Authority to execute contracts and agreements.
(1) The Town Manager shall have the authority to execute contracts and agreements on behalf of and in the best interest of the town for contracts and agreements associated with budgeted matters, items, projects, programs, and grant related capital projects.
(2) The Town Manager will inform the Board when a contract or agreement has been executed.
(3) The Town Manager will bring matters not budgeted and requiring the execution of a contract or agreement to the Board for approval prior to having the authority to execute said agreement.
(Ord. 07-08-38, passed 6-9-08)
Cross-reference:
Town Manager to manage, control town utility systems, see § 50.02 Statutory reference:
Town Manager, see G.S. § 160A-147 et seq.