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(A) Creation of office. The Office of Town Manager is hereby established. The Town Manager shall be appointed by the Council, and he or she shall hold office during the pleasure of the Council.
(B) Qualifications. The Town Manager of the Town of Colorado City 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.
(C) Powers and duties. The Town Manager shall be the head of the administrative branch of the town government. Under specific direction and control of the Council, he or she shall be responsible to the Council for the proper administration of the affairs of the town. In addition to his or her general powers as head of the administrative branch of the town government, and not as a limitation thereon, the Town Manager shall have the powers and duties set forth below:
(1) Devote his or her time to the discharge of his or her official duties, and attend all meetings of the Council unless excused therefrom by the Council or the Mayor;
(2) See that all ordinances are enforced, and that the provisions of all franchises, leases, contracts, permits and privileges granted by the town are observed;
(3) To supervise and give directions to all heads of departments, subordinate officers and employees of the town except elected or judicial officers and their respective staffs. In the event the Town Manager shall also serve as a department head of a particular department of the town, then the Town Manager shall not supervise that department head and the supervision shall be the responsibility of the Council;
(4) Appoint and, when deemed necessary for the good of the town, lay off, suspend, transfer, demote or remove department heads and employees of the town;
(5) Recommend to the Council for adoption such measures and ordinances as he or she deems beneficial to the town;
(6) To keep the Council at all times fully advised as to the financial conditions and needs of the town;
(7) To prepare and submit to the Council the annual tentative budget;
(8) To purchase or cause to be purchased all supplies and equipment and to make arrangements for contractual services for all of the departments or divisions of the town;
(9) To make investigation into the affairs of the town, and any department or division thereof, and any contract or the proper performance of any obligations of the town;
(10) 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;
(11) To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the Council; and
(12) Performs such other duties as may be delegated to him or her from time to time by the Council.
(D) Orders and directions. The Council shall deal with the administrative services of the town through the Town Manager, except for the purpose of inquiry, and neither the Council nor any members thereof shall give orders to any subordinates of the Town Manager. It shall be the responsibility of the Council and its members to aid and assist in an advisory capacity any department head, but such assistance shall not conflict with the administrative duties of the Town Manager.
(E) Policy making. The Town Manager shall not exercise any legislative function, nor shall he or she engage in policy making. The Town Manager shall implement policy made by the Council. Implementation may include creating guidelines.
(F) Public relations. In the discharge of his or her duties as Town Manager, the person holding such position shall endeavor at all times to exercise the highest degree of tact, patience and courtesy in his or her contacts with all town boards, departments and employees and shall use his or her best efforts to establish and maintain a harmonious relationship between all personnel employed in the government of the town to the end that the highest possible standards of public service shall be continuously maintained.
(G) Removal. In case of his or her removal by the Council, the Town Manager shall be furnished with a written notice stating the Council’s intention to remove him or her and the reasons therefor at least 30 days before the effective date of his or her removal. Within 7 days after delivery to him or her of the notice, the Town Manager may, by written notification to the Council, request a public hearing, which shall be held at the usual place of meeting before the expiration of the 30-day period, and at which time the Town Manager shall appear and be heard. After furnishing the Town Manager with written notice of intention to remove, the Council may suspend him or her from duty, but his or her salary shall continue until his or her removal by resolution of the Council passed after the public hearing. The Council may remove the Town Manager, in the exercise of its discretion, with or without cause. The purpose of the hearing is to allow the Town Manager publicly to present to the Council his or her grounds of opposition to removal.
(H) Resignation. The Town Manager shall give a written notice of his or her intention to resign before leaving his or her office.
(I) Acting Town Manager. In the event of the Town Manager’s absence or disability, the Council may appoint an acting Town Manager. 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.
(J) Employment agreements. Nothing in this subchapter 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 subchapter.
(A.R.S. § 9-303) (1986 Code, § 3-2-1)