(A)   The Town Council may employ a Town Executive to be known as the Town Manager of the Town of Hamilton. The Town Council shall fix the compensation, benefits and terms of employment, which employment shall be at the pleasure of Town Council. The Town Manager shall be the administrative head of the town government and shall be employed solely with regard to merit and on the basis of his or her executive and administrative qualifications.
   (B)   The Town Manager shall be subject to a six month probationary period and shall further be an employee "At Will” as that term is defined under Indiana law.
   (C)   No member of the Town Council shall, during the time for which he has been elected, be employed as a Town Manager.
   (D)   The Town Manager need not be a resident of the town at the time of his or her employment, but may reside outside of the town while in office only with the approval of the Town Council.
   (E)   That any provisions of I.C. 16-5-5-8 or any provisions of this subchapter notwithstanding, the Town Manager shall not have or be construed as having any authority to:
      (1)   Hire or discharge any town employee or officer;
      (2)   Enter into or bind either the town to any contract;
      (3)   Undertake any activity that in the opinion of the Town Manager is in conflict with or contrary to the best interest of the town without first seeking the advice and consent of the Town Council; and
      (4)   Present to the Town Council any resolutions or ordinances which have not first been approved in writing or drafted by the Town Attorney.
   (F)   That the duties and responsibilities conferred upon the Town Manager shall further be subject to the written job description, written orders or ordinances of the Town Council issued from time to time concerning the Town Manager's authorities and responsibilities.
   (G)   The Town Manager shall be given a performance review at the following intervals:
      (1)   Three months after initial employment date;
      (2)   Six months after initial employment date; and
      (3)   Annually thereafter at the anniversary of the initial employment date.
   (H)   The position of Town Manager, is a salaried position with management responsibilities and is not entitled to compensation for overtime.
(Ord. 2003-20, passed 12-22-03)