3-2-1 Town Manager.
A. Office Created. The office of the Town Manager is hereby created and established. The Town Manager shall be appointed 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 as hereinafter set forth; and he shall hold office for and at the pleasure of the Council.
B. Eligibility. Residence in the Town, at the time of appointment, shall not be required as a condition of appointment. However, within six (6) months from the date of appointment, the Town Manager must become a resident of the Town.
C. Bond. The Town Manager shall secure 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 on the Manager as prescribed in this article. The bond fee shall be paid by the Town.
D. Assistant Town Manager. The Assistant Town Manager shall be appointed by and shall hold office at the pleasure of the Town Manager. The Assistant Town Manager shall perform the duties of the Town Manager during the absence or temporary unavailability of the Town Manager. The Assistant Town Manager shall perform additional management, supervision and administrative duties as assigned by the Town Manager.
E. Removal. The Town Manager may be removed by the Town Council by a majority vote of its members immediately for cause or without cause as set forth in the Town Manager’s contract of employment.
F. Resignation. The Manager shall give in writing notice of his intention to resign before leaving the office of Town Manager, or pursuant to the terms of their employment agreement.
G. 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 in the performance of his duties, or incurred when traveling on business pertaining to the Town as approved by the Council; reimbursement shall be made only when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented and approved by the Council.
H. Powers and Duties. The Town Manager shall be the 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 specific direction and control of the Council. In addition to the general powers as the chief administrative officer and not as a limitation thereon, it shall be the Manager’s responsibility and authority:
1. To see that all laws and ordinances of the Town are duly enforced, and that all franchises and privileges granted by the Town are faithfully observed.
2. To appoint and, when necessary, suspend or remove employees of the Town including the Town Planning and Zoning Director, Town Finance Director, Town Building Official, Town Clerk, Town Engineer, Human Resources Director, Water Utility Director, Parks and Recreation Director, Information Technology Director, and Legal Services Director. The Town Marshall/Chief of Police and the contract Town Attorney shall be appointed and terminated by the Town Council.
3. To coordinate the administrative functions and operation of the various departments, boards, divisions and services of the Town government, and on its behalf to carry out policies, rules, regulations and ordinances adopted by it, relating to the administration of the affairs of such departments, boards, divisions or services. Such powers and duties to be subject to the following provisions:
a. That the organizational structure under which municipal services are performed shall be specified in an organization chart.
4. To attend all meetings of the Council unless excused therefrom and to attend, or designate a representative to attend, all Board and Commission meetings.
5. To recommend to the Council for adoption such measures and ordinances as are necessary.
6. To recommend to the Council at periodic intervals changes needed in the Town Code.
7. Repealed.
8. To keep the Council at all times fully advised as to the financial conditions and needs of the Town. To provide whatever reports to the Council as it may deem necessary.
9. To prepare and submit to the Council a proposed budget for the next fiscal and subsequent four (4) fiscal years.
10. To procure or cause to be procured all supplies and equipment and to make arrangements for contractual services for all the departments or divisions of the Town of an amount up to twenty thousand dollars ($20,000), letting contracts for between one thousand dollars ($1,000) and twenty thousand dollars ($20,000) on an “informal bid” process; and to receive sealed bids for procurements in excess of twenty thousand dollars ($20,000) and to present them to the council for approval. Procurements made by, through or with the Federal Government or its agencies, State of Arizona or its political subdivisions; or the Houston-Galveston Area Council (H-GAC) provided they continue to meet the requirements for bids as established by State and Federal Law, need not be submitted to the Council for approval; however, such procurements are restricted to approved budgetary items only.1
11. To analyze the functions, duties and activities of the various departments, boards and services of the Town government and of all employees thereof, and to make such recommendations to the Council with reference thereto, as in his judgment will result, if made effective, in the highest degree of efficiency in the overall operation of the Town government.
12. To investigate all complaints in relation to matters concerning the administration of the Town, its utilities or enterprises.
13. To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the Council.
14. To devote as much time to the duties of the office of Town Manager and the interest of the Town as necessary.
15. To perform such other duties and exercise such other powers as may be delegated from time to time by ordinance or resolution of the Council.
16. To settle or cause to be settled all claims against the Town of Oro Valley for greater than ten thousand dollars ($10,000), but not more than twenty thousand dollars ($20,000), in accordance with Section 3-7-1(B) of this code.
17. To enter into easement agreements or utility service agreements with public utility companies on behalf of the Town for the provision of utility service to public works projects located upon Town-owned real property.
I. Council to Act Through Manager. Except for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the Manager, and neither the Council nor any member thereof shall give orders to any subordinate of the Manager either publicly or privately.
However, by Council action individual Council members may be assigned specific administrative duties. In such cases the Town Manager shall make provisions for the appropriate staff members to work with such Council members. Specific authority and responsibilities shall be defined by the Council. The Town Manager shall be kept informed regarding the administrative actions in the same manner as with any staff person and shall work with the Council member to prevent duplication of effort or conflict of responsibility.
1 Code reviser’s note: Ordinance No. (O)08-03 was adopted in early 2008 to add the procurement provisions of Article 3-4. The ordinance contained the standard clause repealing all inconsistent code provisions. When the Procurement Code became effective in early 2008, the inconsistent provisions of Section 3-2-1(H)(10) were repealed and are no longer effective.