Section 3-2-1 Town Manager1
A. Creation of Office. The office of Town Manager is hereby established. The Town Manager shall be appointed by the Council, and he/she shall hold office during the pleasure of the Council.
B. Qualifications. The Town Manager shall be chosen by the Council solely on the basis of his/her executive and administrative qualifications with special reference to his/her actual experience in or his/her knowledge of accepted practice in respect to the duties of his/her office as hereinafter set forth. Residence in the Town at the time of appointment shall not be required as a condition of appointment, but within ninety (90) days after reporting for work, the Town Manager must become a resident of the Town, unless residency is specifically exempted through an employment contract.
No Council member shall be appointed Town Manager during the term for which he/she shall have been elected, nor within one (1) year after expiration of his/her term.
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/she shall be responsible to the Council for the proper administration of the affairs of the Town. In addition to his/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/her time to the discharge of his/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 said 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/she deems beneficial to the Town.
6. To keep the Council at all times fully advised 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.
12. Perform such other duties as may be delegated to him/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/she engage in policy making. The Town Manager shall implement policy made by the Council.
F. Public Relations. In the discharge of his/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/her contacts with all Town boards, departments and employees and shall use his/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/her removal by the Council, the Town Manager shall be furnished with a written notice stating the Council’s intention to remove him/her and the reasons therefor at least thirty (30) days before the effective date of his/her removal. Within seven (7) days after delivery to him/her of such 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 said thirty (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/her from duty, but his/her salary shall continue until his/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/her grounds of opposition to removal.
H. Resignation. The Town Manager shall give at least a thirty (30) day written notice of his/her intention to resign before leaving his/her office. Failure on part of the Town Manager to give said written notice shall relieve the Town of any responsibility of paying any salary to the Town Manager for the thirty (30) day period immediately preceding his/her resignation.
I. Acting Town Manager. In the event of the Town Manager’s actual or anticipated absence or disability for a period of thirty (30) days or longer, the Council may appoint an acting Town Manager. For periods of actual or anticipated absence or disability for a period of less than thirty (30) days, the Town Manager may appoint an Acting Town Manager. [Ordinance #394 § 2, 2019; Resolution #1594, 2019; prior code § 3-2-1.]