1-7-1: OFFICERS OF THE TOWN:

   A.   Specific Officers Enumerated 1 ; Term: There are hereby created the offices of town manager, town clerk, town police chief, town engineer, town attorney and town magistrate who shall be appointed by the council 2 and who shall serve at the pleasure of the council, with the exception of the town magistrate who shall serve a term of two (2) years 3 . (1988 Code § 3-1-1; amd. 2004 Code)

   B.   Additional Officers 4 : The council may appoint and remove from time to time such other officers as it may deem necessary and that are not provided for in this code or state statute. (1988 Code § 3-1-2)

 

Notes

1	1. ARS §§ 9-237, 9-303, 22-403.
2	2. See also subsection 1-7A-3A3 of this title.
3	3. See also subsection 1-8-2A of this title.
4	4. ARS § 9-239.

1-7-2: BOND 1 :

The council may require each officer of the town to give bond for the due discharge of his duties in such sums and with such security as it may direct and approve as determined by resolution. The town shall pay the costs of such bond. (1988 Code § 3-1-3)

 

Notes

1	5. ARS § 9-239.

1-7-3: VACANCIES 1 ; HOLDING MORE THAN ONE OFFICE:

Any vacancy that shall occur in any town office shall be filled by appointment by the council; provided, that one person may hold more than one office, and that at the discretion of the council, the functions of a town official may be validly performed and discharged by a deputy or another town official, or an otherwise qualified individual not holding office but employed at the pleasure of the council. (1988 Code § 3-1-4)

 

Notes

1	6. ARS § 9-239.

1-7-4: POWERS AND DUTIES:

In addition to any powers and duties prescribed in this code, each officer shall have such further powers, perform such further duties and hold such other office as may be provided by the council through ordinance, resolution or order. (1988 Code § 3-1-5)

1-7-5: PERSONNEL SYSTEM:

   A.   System Created; Scope: There is hereby adopted a merit system for the employees of the town, the provisions of which shall apply to all employees of the town except elected officials, officers of the town appointed by the council, persons engaged under contract to supply expert, professional or technical services, temporary employees and volunteer personnel who receive no regular compensation from the town. (1988 Code § 3-3-1)

   B.   Conditions Of Employment; Discrimination Prohibited: The appointment, promotion and tenure of every employee shall be conditioned solely on merit and fitness and the satisfactory performance of the duties and responsibilities assigned. No employee or applicant for employment shall be discriminated against on the basis of race, color, religion, gender, political affiliation, age, disability or national origin. (1988 Code § 3-3-2; amd. 2004 Code)

   C.   Political Contributions: No officer, official or employee of the town shall use any influence or pressure upon any employee to obtain any assessment or contribution of money or time, either direct or indirect, for any political campaign or personal gain. (1988 Code § 3-3-4)

   D.   Background Review:

      1.   The Council authorizes the Town Manager, or his/her designee, to (i) examine the criminal history information, including non-conviction information, concerning any current or prospective employee or volunteers and (ii) to require such current or prospective employee to submit a full set of fingerprints to the town police department for the purpose of obtaining a state and federal criminal records check.  The town police department shall submit the fingerprints to the Arizona Department of Public Safety pursuant to ARS 41-1750. DPS is authorized to exchange this fingerprint data with the Federal Bureau of Investigation, pursuant to Public Law (PL 92-544).

      2.   The Council authorizes the Town Manager, or his/her designee, to examine the criminal history information, including non-conviction information, concerning any incident which will involve any potential or actual liability, civil or criminal, on the part of the town or any incident which may give rise to a claim on behalf of the town, and may furnish said information to the appropriate insurance or legal personnel charged with the responsibility of processing of claims involving the town.

   E.   Transfer Of Benefits:

      1.   The town manager may, under the following circumstances, approve the transfer of vacation and/or sick leave benefits from one employee of the town to another employee of the town:

         a.   The donating employee has, in writing, requested and/or approved of the transfer.

         b.   Based upon the information made known to the town manager at the time said application is received, the town manager concludes that such a transfer is reasonable in the premise and will not impair the effective delivery of municipal services by the town.

      2.   Upon approval of the transfer of vacation and/or sick leave benefits by the town manager, the hours donated by the transferring employee shall be credited to the transferee, who may use such hours for the purpose of receiving vacation and/or sick leave pay. Upon the effective date of such transfer, the transferred vacation and/or sick leave shall be the property of the transferee. (1988 Code § 3-2-1)

   F.   Rules And Regulations: The council may adopt by resolution rules and regulations to give effect to this section, which may be modified or changed from time to time, but such rules and regulations shall follow the generally accepted principles of good personnel administration. (1988 Code § 3-3-3; amd. Ord. 01-2021, 1-5-2021)

ARTICLE A. TOWN MANAGER 1

SECTION:

1-7A-1: Office Created; Appointment; Qualifications

1-7A-2: Bond

1-7A-3: Powers And Duties

1-7A-4: Absence Restricted

1-7A-5: Removal From Office

1-7A-6: Compensation

 

Notes

1	1. ARS § 9-303.

1-7A-1: OFFICE CREATED; APPOINTMENT; QUALIFICATIONS:

The office of town manager is created. The town manager shall be appointed by majority vote of the council for a definite or an indefinite term. The manager shall be chosen by the council on the basis of executive and administrative qualifications with special reference to actual experience in, or knowledge of accepted practice in respect to the duties of office set forth in this article. No council member shall receive such appointment during the term for which such council member shall have been elected, nor within one year after the expiration of such council member's term. (1988 Code § 3-2-1)

1-7A-2: BOND:

The town manager shall furnish a surety bond to be approved by the council; said bond to be conditioned on the faithful performance of his duties. The premium of the bond shall be paid by the town. (1988 Code § 3-2-1)

1-7A-3: POWERS AND DUTIES 1 :

   A.   Generally: The town manager shall be the executive officer and head of the administrative branch of the town. The manager shall be responsible to the town council for proper administration of all affairs of the town and shall have the power and shall be required to:

      1.   Execute on behalf of the council general administrative supervision and control of the affairs of the town.

      2.   Attend meetings of the council with the duty of reporting on or discussing any matter concerning the affairs of the departments, boards, services or activities under his supervision, upon which, in his judgment, the town council should be informed. (1988 Code § 3-2-1)

      3.   Appoint and, when necessary, suspend or remove all employees of the town except department heads and those officers required by law to be appointed by the council. All appointments and removals shall be based upon merit and upon the qualifications and disqualifications of such employee without regard to any political belief or affiliation. All department heads and officers required by law to be appointed by the council, such as the police chief, town clerk, attorney and town engineer, shall be appointed and terminated by the council with the advice of the manager 2 . (1988 Code § 3-2-1; amd. 2004 Code)

      4.   Directly supervise all town employees, including those appointed by council.

      5.   Develop and administer an evaluation program for town employees that is consistent with principles of good management.

      6.   Prepare or cause to be prepared and submitted to him by each department, board, division or service of the town government, itemized annual estimates of expenditures required by them for capital outlay, salaries, wages and miscellaneous operating costs; to tabulate the same into a preliminary consolidated municipal budget and submit the same to the town council annually on the date specified by the council, with his recommendations as to any increases, decreases, cancellations, transfers or changes in any of the items included in the preliminary budget. (1988 Code § 3-2-1)

      7.   Supervise the expenditures of all departments, divisions or services of the town government and act as purchasing agent for the purchase 3 , where the amount of the purchase does not exceed the sum as provided by resolution of the town council, of all supplies, goods, wares, merchandise, equipment and material which may be required for any of such departments, divisions or services, except where otherwise provided by law. (1988 Code § 3-2-1; amd. 2004 Code)

      8.   Analyze and supervise the functions, duties and activities of the various departments, boards and services of the town government and of all employees thereof, and make such recommendations to the town council with reference thereto as in his judgment will result in the overall operation of the town government in the highest degree of efficiency.

      9.   Develop and organize necessary improvement projects and programs and aid and assist the town council and the various departments and boards in carrying the same through to a successful conclusion.

      10.   Serve as public relations officer of the town government, and follow through and endeavor to adjust all complaints filed against any employee, department or service thereof to the end that every effort may be made to satisfy all citizens that their town government is being operated in their behalf with the highest degree of efficiency.

      11.   Make and keep an up to date inventory of all personal property owned by the town or leased under a lease-purchase arrangement and recommend to the council the purchase or lease of new machinery, equipment and supplies whenever, in his judgement, the same can be obtained at the best advantage, taking into consideration trade-in value of machinery, equipment, etc., in use.

      12.   See that all laws and ordinances of the town are duly enforced.

      13.   Consolidate or combine offices, positions, departments or units under his jurisdiction, with the approval of the council. The town manager may be the head of one or more departments and may act as town clerk in addition to his other duties if so directed by the council.

      14.   See that all franchises, permits and privileges granted by the town are faithfully observed.

      15.   Devote his entire time to the discharge of his official duties.

      16.   Perform such other duties as may be required of him by the council, not inconsistent with the laws of the state or the ordinances of the town.

   B.   Restrictions: The town manager shall not exercise any policy making or legislative functions nor attempt to commit or bind the council or any member thereof to any action, plan or program requiring official action of the council. It is not intended by this article to grant any authority to, or impose any duty upon the town manager which is vested in or imposed by general law or town ordinances in any other town commission, board, officer or employee except as specifically set forth in this code.

   C.   Council Interference: Neither the council nor any of its members shall direct or request the appointment of any person to, or his removal from, office by the town manager or in any manner take part in the appointment. (1988 Code § 3-2-1)

 

Notes

1	2. See section 1-11-3 of this title, manager serve as purchasing officer; see section 6-1-5 of this code, fiscal matters of the police department are coordinated with the town manager.
2	1. See also section 1-7-1 of this title.
3	2. See also section 1-11-3 of this title.