Chapter 2.08
TOWN MANAGER
Sections:
2.08.080 Authority of the Town Manager to negotiate and settle claims.
2.08.090 Limitations upon responsibility.
2.08.100 Council interference.
2.08.120 Resignation of Manager.
2.08.010 Office created.
The office of the Town Manager of the Town of Pinetop-Lakeside is 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 his or her knowledge of accepted practice in respect to the duties of the office. This office is created pursuant to the authority granted by A.R.S. § 9-303 which authorizes the Town by ordinance to create the office of Manager who shall have and exercise the powers and perform the duties relating to the affairs of the Town as shall be specified by ordinance. This office is also subject to other applicable provisions of state statutes including A.R.S. §§ 9-237 and 9-239. (Ord. 13-375 § 2 (Exh. A)(part))
2.08.020 Eligibility.
Residence in the Town, at the time of appointment, shall not be required as a condition thereof. No person elected to membership on the Council shall, subsequent to such election, be eligible for appointment as Town Manager until one (1) year has elapsed after he or she has ceased to be a member of the Council. (Ord. 13-375 § 2 (Exh. A)(part))
2.08.030 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, and shall be conditioned upon the faithful performance of the duties imposed upon the Town Manager as herein prescribed. (Ord. 13-375 § 2 (Exh. A)(part))
2.08.040 Compensation.
The Manager shall receive such compensation as the Council shall from time to time determine and fix by ordinance, resolution, or motion, and said compensation shall be a proper charge against such funds of the Town as the Council shall designate. The Town Manager shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties, or incurred when traveling on business pertaining to the Town under direction of the Council; reimbursement shall only be made, however, when a verified itemized claim, with receipts and/or invoices attached thereto, setting forth the sums expended for which reimbursement is requested, has been presented, but may not exceed any per diem or limitations set in Town policies or rules unless approved and allowed by the Council. (Ord. 13-375 § 2 (Exh. A)(part))
2.08.050 Removal from office.
The Town Manager may be removed, with or without cause by the Town Council, by simple majority vote of its members. (Ord. 13-375 § 2 (Exh. A)(part))
2.08.060 Absence.
To perform the duties of Town Manager during the temporary absence or disability of the permanent Town Manager, the Town Manager may designate by letter, filed with the Clerk, a qualified administrative officer of the Town to be chosen from current employees thereof. In the event of failure of the Town Manager to make such designation the Council may, by resolution, appoint an officer of the Town to perform the duties of the Manager until the Manager shall have returned or his or her disability shall have ceased. (Ord. 13-375 § 2 (Exh. A)(part))
2.08.070 Powers and duties.
The Town Manager shall be the chief administrative officer of the Town government and shall be responsible to the Council for the proper administration of all affairs of the Town under the direction and control of the Council. In addition to the general powers as the chief administrative officer and the head of the administrative branch of the Town government, and not as a limitation thereon, the Manager shall have the powers, responsibilities, and duties set forth in the following subsections:
A. Execute on behalf of the Mayor and Council general administrative supervision and control of the affairs of the Town, and enforce the ordinances, resolutions and codes of the Town.
B. It shall be the duty of the Manager to attend all meetings of the Council unless he or she is excused therefrom by the Mayor individually or the Council. It is the Manager’s responsibility to make recommendations to the Council for the adoption of such resolutions, ordinances and other measures as he or she deems reasonable and necessary. It is the Manager’s responsibility to be prepared to report on or discuss any matter concerning the affairs of the departments, boards, services, or activities under his or her supervision.
C. Coordinate the administrative functions and operations of the various departments, boards, divisions, and services of the Town government, and on its behalf, carry out policies, rules, regulations, and ordinances adopted by it, relating to the administration of the affairs of such departments, boards, divisions, or services.
D. Appoint/hire, remove, suspend, promote, and demote the employees of the Town. The Manager or his or her designee will be the Human Resources/Personnel Director.
E. The head of each department shall be hired/appointed by and report to the Town Manager subject to approval of the hiring/appointment including starting compensation by the Town Council. Any department head who is demoted or terminated by the Manager may appeal that action to the Town Council in accordance with procedures in the Town’s Employee Manual.
F. He or she may make recommendations regarding the appointment and removal of Council-appointed officers; and members of boards, commissions and committees appointed by the Council.
G. Supervise and be responsible for all expenditures of the Town including all departments, divisions, or services of the Town government. The Manager or their designee will act as purchasing agent for the purchase of all supplies, goods, wares, merchandise, equipment, and material which may be required for any of such departments, divisions, or services within the existing budget; provided, that no single purchase or group of purchases of like items shall total more than fifty thousand dollars ($50,000) unless approved by Council action.
H. 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 or her judgment will result, if made effective, in the highest degree of efficiency in the overall operation of the Town government.
I. Develop and organize necessary improvement projects and programs and aid and assist the Council and the various departments and boards in carrying the same through to a successful implementation and/or conclusion.
J. To keep the Council at all times fully advised as to the financial conditions and needs of the Town and to provide whatever reports to the Council as it may deem necessary. It shall further be his or her duty to see that no indebtedness is incurred or expenditure made in violation of the Arizona Constitution and Statutes, the State Budget Law, and any other applicable law rule or regulation. It is the Manager’s responsibility to thoroughly review and see to the preparation and timely processing of an annual budget for Council approval.
K. Serve as or designate a public relations officer of the Town government, and follow through and endeavor to appropriately address 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 and integrity.
L. Cooperate with all community organizations whose aim and purpose it is to advance the spiritual and material interests of the Town and its residents to provide them with all reasonable assistance obtainable through the Town government within the limitations of the law.
M. Make and keep an up-to-date inventory of all personal property owned by the Town and recommend to the Town Council the purchase of new machinery, equipment, and supplies whenever, in his or her judgment, the same can be obtained at the best advantage, taking into consideration trade in value of machinery, equipment, etc., in use.
N. Make, or cause to be made, studies and surveys of the duties, responsibilities, and work of the personnel in the various departments and services of the Town government, and to recommend to the Town Council abolition or consolidation of positions, offices, departments or units whenever, in his or her judgment, such action would increase efficiency in the administration of the Town government.
O. See that all franchises, permits, and privileges granted by the Town are faithfully observed.
P. To devote as much time to the duties of the office of Town Manager and the interest of the Town as is necessary.
Q. To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the Town.
R. Ensure that all warrants or checks drawn on the bank account or accounts of the Town are issued in accordance with Town Code or policies approved by the Council. All warrants or checks shall have two (2) authorized signatures, typically from the Town Clerk and Finance Director. The Town Manager, Mayor and Vice Mayor, or other Council member (approved by the Council) are also authorized to countersign checks.
S. Perform such other duties as may be required of him or her by the Mayor and Town Council. (Ord. 18-415 § 3, 2018; Ord. 13-375 § 2 (Exh. A)(part))
2.08.080 Authority of the Town Manager to negotiate and settle claims.
A. Town Manager is authorized to negotiate and settle claims and disputes brought against the Town, its officers, appointees and employees, subject to the following conditions:
1. The Town Manager or the Town Manager’s designated representative has made a thorough investigation regarding questions of liability and damages and has determined a reasonable dollar value of the claim.
2. The claim and any proposed settlement has been reviewed and approved by the Mayor and the Town Attorney.
3. The settlement is conditioned upon an appropriate written release signed by the claimant in favor of and releasing the Town, its officers, appointees and employees.
4. Following any settlement of a claim or lawsuit, the circumstances and conditions of the settlement are reported to the Town Council at a public meeting.
B. The settlement authority of the Town Manager is limited in the following respects:
1. For claims which have been submitted to the Town’s insurance carrier, contingent upon the review and approval of the Mayor and the Town Attorney.
2. The Town Manager is authorized to settle any claims not to exceed ten thousand dollars ($10,000) for settlement of claims or disputes made in connection with easements and property acquisitions or condemnation actions. Such settlement shall be reviewed and approved by the Mayor, the Town Attorney and, when applicable, the Town Engineer.
3. For any other claims presented to the Town, including but not limited to claims for bodily injury, property damage or claims in settlement of personnel actions, the Town Manager shall have authority to settle such claims for an amount not to exceed twenty-five thousand dollars ($25,000). Such settlement shall be reviewed and approved by the Mayor and the Town Attorney.
4. The Town Manager or his/her designee may process workers’ compensation claims in accordance with the Arizona workers’ compensation statutes (currently A.R.S. § 23-901 et seq.), and the provisions of the Town Employee Manual.
C. All other claims, which cannot be resolved within the parameters set forth above, will be submitted to the Town Council for discussion and review, and approval or denial.
D. The Town Manager will submit to the Town Council a periodic report of all claims and lawsuits made, in progress, settled and concluded. (Ord. 13-375 § 2 (Exh. A)(part))
2.08.090 Limitations upon responsibility.
The Town Manager shall not exercise any policy making or legislative functions whatsoever, nor attempt to commit or bind the Town Council or any member thereof to any action, plan or program requiring official action of the Town Council. It is not intended by this chapter 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 Town commission, board, officer, or employee except as herein specifically set forth. (Ord. 13-375 § 2 (Exh. A)(part))
2.08.100 Council interference.
Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the Town Manager, and neither the Council nor any member thereof shall give orders to any subordinates of the Town Manager, either publicly or privately, without the permission of the Town Manager. (Ord. 13-375 § 2 (Exh. A)(part))
2.08.110 Conduct.
In the discharge of his or her duties as Town Manager the person holding such position shall endeavor at all times to exercise tact, patience, and courtesy in his or her contacts with the public and 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 maintained continuously. (Ord. 13-375 § 2 (Exh. A)(part))
2.08.120 Resignation of Manager.
The Manager shall provide the Council with thirty (30) days’ written notice of intention to resign his or her position. The Manager shall assist the Council on their recruitment and selection of a replacement if requested by the Council. In the event of resignation due to health reasons or other reasons which a majority vote of the Council deems an emergency, the period of written notice shall be determined in conference between the Manager and the Town Council. (Ord. 13-375 § 2 (Exh. A)(part))