(A) Creation of position.
(1) There is hereby created the position of Town Manager who shall serve at the pleasure of the Town Council. The Town Manager shall be responsible to the Town Council for the administration of all town affairs placed in his or her charge by or under any state statute, town ordinance, town resolution, or town contract. In the absence of any specific direction in any ordinances, resolutions, or from the Town Council, the President of the Town Council may direct the Town Manager to perform such duties as are necessary for the proper functioning of the town until the next meeting of the Town Council where the Council may consider such direction and approve or disapprove of such.
(2) During the term of the agreement, the Town Manager shall not be a member of the Town Council, an elected official, nor a member of any committee, board, advisory group, or other body serving the Town of Briny Breezes or appointed by the Town Council. If the Town Manager applies to run for any elected office, whether within the Town of Briny Breezes or elsewhere, he or she shall be deemed to have terminated this agreement as of the date and time of the filing of their notice or application for office.
(3) In the absence or incapacity of the Town Manager or, if there be no Town Manager, the Town Clerk and the members of the Town Council shall perform the duties otherwise performed by the Town Manager.
(B) Qualifications. The Town Manager shall have the skill, knowledge, experience, education, and other qualifications as the Town Council deems fit.
(C) Appointment and removal. The Town Council shall appoint the Town Manager by resolution. Said appointment shall be by a majority vote of the Town Council at any meeting at which a quorum of the Council is present. The Town Manager shall begin their duties only after they have executed a written agreement for services approved by Town Council resolution.
(1) The Town Manager contract shall particularly and specifically describe the following:
(a) That the Town Manager serves at the pleasure of the Town Council.
(b) Beginning and ending dates of the agreement for services, any extensions thereof, and how the extensions are exercised.
(c) All remuneration and the frequency of payment.
(2) Regardless of any provision to the contrary in the agreement between the Town Council and the Town Manager, the following shall apply to the Town Manager position in addition to being made an express part of the agreement, whether or not the agreement actually recites these provisions:
(a) Removal of the Town Manager shall be by a majority vote of the Town Council at any meeting at which a quorum of the Council is present.
(b) The Town Council may remove the Town Manager for any reason or for no reason at all. If removed, the Town Council shall designate the date on which the removal shall be effective. If the Town Council fails to designate the exact date the removal is to be effective, the Town Manager's removal shall be effective immediately.
(c) In the case of removal, the Town Council may, by resolution, provide for the Town Manager to receive a severance of up to one week's pay or any amount less than that sum, but no more. If the resolution is silent on this matter, the Town Manager shall not be entitled to nor paid any severance.
(D) Powers and duties. The powers and duties of the Town Manager shall be:
(1) To attend all meetings of the Town Council and provide a report on the state of the town and the Town Manager's duties.
(2) To attend all other town meetings as directed in support of the town's interests and affairs.
(3) To see that the laws and ordinances and resolutions are fairly and evenly enforced.
(4) To perform all other duties required by the town code and any other ordinance or resolution of the Town Council and state law.
(5) To perform any and all other duties as directed by the President of the Town Council from time to time that are not contrary to or in conflict with the state or federal law, town ordinances, town resolutions, or direction from the Town Council.
(6) To supervise, advise, and assist all departments and employees of the town.
(7) To report to the Town Council his or her recommendations as to the appointment and discharge of all town employees, but the hiring and termination of all town employees shall be made by the Town Council.
(8) To recommend to the Town Council for adoption such measures as he or she may deem necessary or advisable.
(9) To transfer certain town funds between and among the Town Council-established FDIC insured accounts from time to time, in the town’s best interests.
(Ord. 2-2017, passed 9-28-2017; Res. 2020-12, passed 10-22-2020)