(A) Creation; residence.
(1) The office of the Town Manager (hereinafter called “Manager”) is hereby created. The Manager shall be appointed by a majority of the Town Council for an indefinite term. The Manager shall be chosen on the basis of his or her executive and administrative qualifications and his or her knowledge of accepted practice with respect to the duties of this office. The Manager shall hold office at the pleasure of the Town Council.
(2) At the time of appointment, the person appointed as Manager need not be a resident of the town or the state, but shall be required to reside within 15 miles of the town boundaries or a greater distance as authorized by Town Council, within six months of appointment.
(B) Eligibility. No Member of the Town Council shall be eligible to be appointed to the office of Manager during the term for which the Member shall have been elected or appointed.
(C) Bond. The Manager shall furnish a surety bond to be approved by the Town Council in such sum as may be determined by the Town Council, said bond to be conditioned upon the faithful performance of his or her duties as described herein. The premium for such bond shall be paid by the town.
(D) Compensation. The Manager shall receive such compensation as the Town Council shall from time to time determine. In addition, the Manager shall be reimbursed for all actual and necessary expenses incurred by him or her in the performance of official duties, or incurred when traveling on business pertaining to the town under direction of the Town Council. Reimbursement shall only be made, however, when a verified, itemized claim has been approved and allowed according to established policy.
(E) Acting Town Manager.
(1) If the Manager is temporarily unable to perform his or her official duties, the powers and duties of the office shall devolve upon the Clerk. If the Clerk is unable to perform the duties, the Manager, or the Clerk if the Manager is unable, shall then designate an officer of the town to be acting Town Manager.
(2) If a vacancy in the office of Manager occurs, such as would be created by termination, resignation, or death, the Town Council may assign the powers and duties of the office to another person until the Manager is replaced.
(F) Removal. The Manager may be removed only by a majority vote of the Town Council at a regular or special Town Council meeting. In such event, the Manager shall be furnished with a written notice stating the Town Council's intention to remove him or her and the reasons therefor at least 30 days following notice of removal, providing such request is made within seven days from the date of notice of removal. During the interim, the Town 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 according to his or her employment contract. Should the manager not have a contract, then the severance pay shall be for a maximum of one month.
(G) Resignation. The Manager shall give in writing a 30-day notice of his or her intention to resign before leaving, resigning, or quitting the office of Town Manager.
(H) Powers and duties. The Manager shall be the chief administrative officer of the town and shall be responsible to the Town Council for the proper administration of all affairs of the town, ensuring that the town shall maintain the highest possible standards of public service. It shall be the Manager's duty to:
(1) Execute, on behalf of the Town Council, general administrative supervision and control of the affairs of the town.
(2) Attend all meetings of the Town Council, unless excused therefrom, and report on any matter concerning activities, departments, and services under his or her supervision about which, in his or her judgment, the Town Council should be informed; attend, or designate a representative to attend, all board and commission meetings.
(3) Appoint and, when necessary, suspend and remove all employees of the town. With regard to all officers and employees appointed by the Manager, neither the Town Council nor any of its Members shall direct or request the appointment of any person to, or his or her removal or suspension from, such office by the Manager or any of his or her subordinates, or in any manner take part in the appointment or removal of such officers and employees in the administrative services of the town.
(4) Coordinate administrative functions and operations of the various departments, boards, divisions, and services of the town government and, on its behalf, carry out policies, rules, regulations, ordinances, and provisions of the town code relating to the administration of the affairs of such departments, boards, divisions, or services.
(5) Analyze the functions, duties, and activities of the various departments, boards, and services of the town government and of all employees, and recommend to the Town Council any changes which, in his or her judgment, would result in a more efficient town government.
(6) Prepare and submit the proposed annual budget to the Town Council for its approval on dates specified by the Town Council.
(7) Supervise the expenditures of all departments, divisions, or services of the town government, ensuring that no expenditure is made in violation of the Arizona Constitution, the state budget law, and A.R.S. § 42-17106(A)(2) in particular.
(8) Acquire and keep a current inventory of all the personal property owned by the town and recommend to the Town Council the purchase of machinery, equipment, and supplies along with the means by which these should be obtained.
(9) Ensure that all laws and ordinances of the town are enforced, and recommend that the Town Council adopt such measures or ordinances as may contribute to the health, safety, or welfare of the community or improve administrative services.
(10) Investigate all complaints concerning the administration of the government and any contract and/or service maintained by the town, and report all findings to the Town Council, and see that all franchises, permits, and privileges granted by the town are faithfully observed.
(11) Perform such other duties as may be required by the Town Council not inconsistent with the laws of the state or the provisions of the ordinances of the town, and devote full time to the discharge of official duties.
(I) Policy-making prohibited. The Town Manager shall not exercise any policy-making or legislative functions nor attempt to commit or bind the Town Council to any action, plan, or program requiring the official action of the Town Council.
(J) Orders and directions. The Town Council 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 Members thereof shall give orders to any subordinates of the Town Manager.
(K) Political activities.
(1) The Manager is to remain free from any political activity in a town municipal election and may not:
(a) Solicit or attempt to solicit support for a candidate or a political party involved in a town municipal election from any employee or appointed official;
(b) Take part in the campaign of a candidate participating in a town municipal election;
(c) Seek election to public office with the town while still serving as the Manager or employed by the town;
(d) Use his or her position to sell, solicit or distribute any campaign material during working hours and/or using town resources;
(e) Use his or her position to introduce, guide or recommend any candidate for public office on town property;
(f) Be involved in the campaign of any person for election to the office of Mayor or Council Member of the town; or
(g) Advocate for or against or utilize town resources or staff in support of or against referenda or initiatives to be brought to voters.
(2) Nothing in this section shall be read to limit the Manager’s right as a citizen to vote (he or she is encouraged to do so), or subject to this section, to express opinions as an individual citizen. However, the Manager may not do so as a representative of the town.
(L) Agreements on employment. Nothing in this section shall be construed as a limitation on the power or authority of the Town Council to enter into any supplemental agreement with the Manager delineating additional terms and conditions of employment not inconsistent with any provisions of this subchapter or of state statutes.
(`87 Code, § 3-2-6) (Am. Ord. 88-05, passed 6-6-88; Am. Ord. 90-18, passed 7-2-90; Am. Ord. 95-22, passed 12-4-95; Am. Ord. 2000-12, passed 1-8-00; Am. Ord. O2013-10, passed 11-4-13)
Statutory reference:
Manager, see A.R.S. § 9-303