(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. The bond shall be conditioned upon the faithful performance of the duties imposed upon the Manager as prescribed in this subchapter. Any premium for such bond shall be a proper charge against the town.
(C) Compensation. The Town Manager shall receive such 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. This division (D) shall not apply if the town and the Manager have agreed otherwise in a written contract or a written memorandum of understanding; in such a case, the written agreement shall control.
(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 by the Council. 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 divisions (E)(1) through (E)(12) below:
(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 such 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) (a) Act as the controller and chief financial officer of the town, and keep the Council advised of the financial condition and future needs of the town;
(b) Direct the Finance Director and such other deputies and assistants as he or she shall deem necessary in the preparation of any financial documents related to the town, and in such other duties as he or she shall designate; and
(c) Receive and safely keep all monies that shall come to the town and pay out the same when authorized by the Council. He or she shall keep a separate record and account of each different fund provided by the Council, apportion the monies received among the different funds as prescribed by the Council, and keep a complete set of books showing: every money transaction of the town; the state of each fund; from what source the money in each fund was derived and for what purpose expended; and he or she shall make monthly reports to the Council of all receipts and disbursements and the balance in each fund. At the end of the fiscal year, he or she shall make a full and detailed statement of the receipts and expenditures of the town during the year, specifying the different sources of revenue and the amount received from each, all appropriations made by the Mayor and Council, and the object for which they were made, and the amount of money expended under each, the evidences of indebtedness issued, and what portion remains thereof outstanding, with the rate and amount of interest due thereon, and the amount of cash on hand.
(5) Serve as personnel officer with such duties as directed by the Council, prescribed by this code and as set forth in the personnel rules and regulations. He or she shall 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. He or she shall authorize the payment of overtime pay for such employees as may work in excess of a normal work period. Such rates of pay and periods of work shall be in conformity with wages and salaries enacted by the Council;
(6) Recommend to the governing body from time to time adoption of such 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) 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 said emergency, but he or she shall file promptly with the Council a certificate showing such emergency and the necessity for such action, together with an itemized account of all expenditures;
(10) See that all laws and ordinances are duly enforced;
(11) Investigate the affairs of the town or any department or division thereof. 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
(12) Perform such 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, 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. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the Manager.
(1989 Code, § 3-2-1) (Ord. 92-02, passed 7-23-1992; Ord. 2001-02, passed 2-22-2001; Ord. O2020.04, passed 4-23-2020)