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HomeMy WebLinkAbout06/06/2006 Blue Sheet Administration Ordinance TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 6, 2006 AGENDA ITEM: J. 3 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Ordinance No. 2006.14: Relating to Administration; revising posi- tions appointed by the town manager; adding the deputy town manager position; revising the assistant town manager position to grant the manager flexibility in appointing and identifying assis- tants; updating certain position titles to conform to current no- menclature and functions; adding the positions of special projects administrator and assistant to the town manager; amending Town Code Sections 3-1-1, 3-1-2, 3-1-3, 3-2-1 and 3-2-8; deleting Sec- tion 3-2-4; adding new Town Code Section 3-2-2; renumbering ex- isting Town Code Sections 3-2-2 and 3-2-3 as Sections 3-2-3 and 3-2-4 respectively and amending Section 3-2-4 as so renumbered; adding Sections 3-2-9 and 3-2-10; and declaring an emergency. DISCUSSION This proposed ordinance creates new Deputy Town Manager, Special Projects Administrator, and Assistant to the Town Manager positions, and simplifies and makes other conforming changes to Town Code Title 3 so that it is consistent with current Town practice. RECOMMENDATION Staff recommends adoption of Ordinance No. 2006.14. ATTACHMENT(S) Clean version ofthe portion of Title 3 of the Town Code that is affected by these changes. SUGGESTED MOTION I move to adopt Ordinance No. 2006.14. {00002187.DOC /} FJC/cds 5/30/06 -.-. -"'-#""_~_'~"'-'"'"_.---...~,---",,,,,--,-_...;-~,,,.~,,~ MARANA ORDINANCE NO. 2006.14 RELATING TO ADMINISTRATION; REVISING POSITIONS APPOINTED BY THE TOWN MANAGER; ADDING THE DEPUTY TOWN MANAGER POSITION; REVISING THE ASSISTANT TOWN MANAGER POSITION TO GRANT THE MANAGER FLEXIBILITY IN APPOINTING AND IDENTIFYING ASSISTANTS; UPDATING CERTAIN POSITION TITLES TO CONFORM TO CURRENT NOMENCLATURE AND FUNCTIONS; ADDING THE POSITIONS OF SPECIAL PROJECTS ADMINISTRATOR AND ASSISTANT TO THE TOWN MANAGER; AMENDING TOWN CODE SECTIONS 3-1-1,3-1-2,3-1-3,3-2-1 AND 3-2-8; DELETING SECTION 3-2-4; ADDING NEW TOWN CODE SECTION 3-2-2; RENUMBERING EXISTING TOWN CODE SECTIONS 3-2-2 AND 3-2-3 AS SECTIONS 3-2-3 AND 3-2-4 RESPECTIVELY AND AMENDING SECTION 3-2-4 AS SO RENUMBERED; ADDING SECTIONS 3-2-9 AND 3-2-10; AND DECLARING AN EMERGENCY. WHEREAS the Town Council finds that the revisions to town officer positions established by this ordinance are in the best interests of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Sections 3-1-1, 3-1-2 and 3-1-3 of the Marana Town Code are hereby revised as follows (with deletions shown with and additions shown with double underlining): Section 3-1-1 Town officers A. There are hereby created, in addition to the mayor and town council members, the following officers of the town. An officer is defined as a person who holds an office of trust, command and authority, and the method of appointment or term of the officer has no relevance to authority granted. 1. Town manager 2. Deputy town manager 3. Assistant town managers 4. Town clerk 5. Town engineer 6. Town attorney B. These officers shall be appointed from time to time as set forth in this code. {00002125.DOC /2} - 1 - 5/31/2006 9:50 AM FJC Section 3-1-2 Positions appointed by the town council, town manager, deputy town manager, assistant town managers & department heads A. The position of town manager shall be appointed from time to time by the town council, and shall be employed at the will of the town council. This position shall have no term of office, shall be at-will, and shall report directly to the town council. B. The town magistrate shall be appointed by the town council in accordance with section 5-2-1. C. The following positions shall report to the town manager, shall be appointed from time to time by the town manager, shall have no term of office, shall be at-will, and shall work at the pleasure of the town manager. 1. Deputy town manager 2. Assistant town managers3. Town clerk 4. Town engineer 5. Town attorney D. The following positions shall report to the town manager, except that the town manager may designate in writing that one or more of these positions shall report to the deputy town manager or assistant town manager. Each of these positions shall be appointed from time to time by the town manager, deputy town manager or assistant town manager to whom he or she reports. Each of these positions shall have no term of office, shall be at-will, and shall work at the pleasure of the town manager, deputy town manager or assistant town manager to whom he or she reports. 1. Department heads 2. Special projects administrator 3. Assistants to the town manager E. All other personnel who are employed under a department head shall be hired by their department head, with the approval of the town manager, deputy town manager or assistant town manager to whom the department head reports, and shall work at the pleasure of their department head, as provided in this code and the town personnel policies. F. The duties of any employee may be delegated by that employee to a deputy when a deputy position exists. Section 3-1-3 Classification of employees All offices in the town are divided into classified and unclassified service. The extent to which certain personnel rules or provisions apply to particular employees will depend upon whether those employees are working as classified or unclassified employees. A. Classified Service. All employees of the town not specifically listed as an unclassified employee shall be part of the classified service. Different rules and policies, however, may be established for different groups of employees {00002125.DOC /2} - 2 - 5/31/20069:50 AM FJC within the classified service. Classified employees are directed to the personnel manual for direction and employment protections contained there. B. Unclassified Service. Persons comprising unclassified service are part of a responsive management team that exists to carry out the goals and policies of the town. Unclassified employees are "at-will" employees. "At-will" employment is defined as employment that may be terminated upon the will of the employer or employee, at any time with or without cause. At-will employees do not have employment contracts, are not guaranteed any minimum length of employment, and do not have access to the personnel action review board procedures. Unclassified employees are not subject to the salary schedule, and shall be paid according to performance and qualifications, to be determined by the appointing authority (either the town councilor the town manager). However, unclassified employees shall receive any general salary increases that may be granted from time to time, except that the town manager shall only receive general salary increases if they are provided for in an employment contract duly authorized by the council. The following shall be unclassified employees: 1. Town manager 2. Deputy town manager 3. Assistant town managers 4. Town clerk 5. Town engineer 6. Town attorney 7. Department heads 8. Special projects administrator 9. Assistants to the town manager SECTION 2. Paragraph B ("Bond") of existing Marana Town Code sections 3-2-1, 3-2-3, 3-2-5 and 3-2-7 are hereby deleted and the paragraphs that follow are re-Iettered to conform. SECTION 3. Paragraphs D and E (re-Iettered as paragraphs C and D by Section 2 of this ordinance) of section 3-2-1 of the existing Marana Town Code, entitled "Town manager," are hereby revised as follows (with deletions shown with and additions shown with double underlining) : C. Temporarv absence. During the temporary absence or disability of the appointed town manager, the deputy town manager shall perform the duties of town manager. If the deputy town manager is absent, unable or unwilling to perform the duties of town manager, the town council shall designate an assistant town manager to perform the duties of town manager. D. Permanent absence. If a town manager is not employed by the town for any period of time due to resignation, discharge, or for any other reason, all duties designated in this code to the town manager shall be performed by the deputy town manager or any individual selected by the town council. {00002125.DOC /2} - 3 - 5/31120069:50 AM FJC "---_...._,.,.-".~,~.".,.,~,...,.,_._.,.~.~-~"'-'-----"'._'''-''"-;~,~............'"'~--~.~,_..,.,'-- SECTION 4. Existing section 3-2-4 of the Marana Town Code is hereby deleted, existing sections 3-2-2 and 3-2-3 are renumbered as sections 3-2-3 and 3-2-4 respectively, and a new section 3-2-2 is added, entitled "Deputy town manager," as follows: Section 3-2-2 Deputy town manager A. Office established. The position of deputy town manager is hereby created and established. The deputy town manager shall be appointed by the town manager and shall perform the duties of the office of the town manager when the town manager is absent and as delegated under the general and specific direction of the town manager from time to time. B. Compensation. The deputy town manager shall receive such compensation as the town manager shall fix at the time of the deputy town manager's appointment, and the compensation shall be a proper charge against the funds of the town. The deputy 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 as approved by the town council by the adoption of its budget. Reimbursement shall be made only when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented. C. Powers and duties. The deputy town manager shall be responsible to the town manager for the proper administration of all affairs delegated by the town manager. During the town manager's absence, the deputy town manager shall perform the duties of the town manager. The town manager may delegate to the deputy town manager any of the town manager's authority, but in no event shall the deputy town manager's authority exceed the town manager's powers and duties set forth in section 3-2-1 (H). D. Limitations upon responsibility. The deputy town manager shall not exercise any policy-making or legislative functions whatsoever, or attempt to commit or bind the town manager or town council or any council member 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 deputy town manager that is vested in or imposed by general law or town ordinances in any town commission, board, officer or employee except as specifically set forth in this code. E. Conduct. In the discharge of his or her duties, the deputy town manager shall at all times endeavor to exercise the highest degree of tact, patience, integrity and courtesy in his or her contact 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 among all personnel employed in the government of the town to the end that the highest possible standards of public service shall be continuously maintained. SECTION 5. Section 3-2-2 (renumbered as section 3-2-3 by Section 4 of this ordinance) ofthe Marana Town Code is hereby revised as follows (with deletions shown with and additions shown with double underlining): {00002125.DOC /2} - 4 - 5/31/20069:50 AM F1C Section 3-2-3 Assistant town managers A. Office established. The position of assistant town manager is hereby created and established. One or more assistant town managers shall be appointed by the town manager, consistent with budget authority approved by the town council, and shall perform the duties of the office of the town manager as delegated under the general and specific direction of the town manager, by memorandum, from time to time, through the human resources department. At the town manager's discretion, one or more assistant town manager positions may be identified by their specifically delegated responsibilities and not as assistant town manager. B. Compensation. Assistant town managers shall receive such compensation as the town manager shall fix at the time of appointment of the assistant town manager, and the compensation shall be a proper charge against the funds of the town. An assistant 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 as approved by the town council by the adoption of its budget. Reimbursement shall be made only when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented. C. Powers and duties. Assistant town managers shall support the town manager and shall be responsible to the town manager for the proper administration of all affairs delegated by the town manager. The town manager may delegate to an assistant town manager any of the town manager's authority, but in no event shall an assistant town manager's authority exceed the town manager's powers and duties setforth in section 3-2-1 (H). D. Limitations upon responsibility. Assistant town managers shall not exercise any policy-making or legislative functions whatsoever, or attempt to commit or bind the town manager, deputy town manager, town councilor any council member 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, an assistant town manager that is vested in or imposed by general law or town ordinances in any town commission, board, officer or employee except as specifically set forth in this code. E. Conduct. In the discharge of his or her duties, an assistant town manager shall at all times endeavor to exercise the highest degree of tact, patience, integrity and courtesy in his or her contact 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 among all personnel employed in the government of the town to the end that the highest possible standards of public service shall be continuously maintained. SECTION 6. Paragraph E (re-lettered as paragraph D by Section 2 of this ordinance) of section 3-2-5 (renumbered as section 3-2-4 by Section 4 of this ordinance) of the Marana Town Code, entitled "Town clerk," is hereby revised by adding subparagraph 10 as follows: 10. The town clerk shall be the town marshal and shall perform duties of the town marshal required by law and as the town manager may deem necessary. {00002125.DOC /2} - 5 - 5/31/2006 9:50 AM FJC ......_."""....."_.._~""'...._"""""'---"""="""'.\-.."'".~"...........,.-'^'''-.......,....~...'''~,.~~.- SECTION 7. Section 3-2-8 of the Marana Town Code is hereby revised as follows (with deletions shown with and additions shown with double underlining): Section 3-2-8 Department heads A. Offices established. The positions of department heads are hereby created and established in accordance with section 3-1-2. Each department head shall be appointed, suspended or removed by and shall perform their duties under the general and specific direction of the town manager, deputy town manager or assistant town manager to whom he or she reports. B. Compensation. Department heads shall receive such compensation as the town manager, deputy town manager or assistant town manager to whom he or she reports shall fix from time to time. C. Duties. Department heads shall be charged with the responsibilities set forth by and shall perform the duties of their office under the general and specific direction of the town manager, deputy town manager or assistant town manager to whom he or she reports. SECTION 8. New section 3-2-9 is added of the Marana Town Code, entitled "Assistants to the town manager," as follows: Section 3-2-9 Special projects administrator A. Office established. The position of special projects administrator is hereby created and established. The special projects administrator shall be appointed as set forth in section 3-1-2 and shall undertake special projects as delegated by the town manager's office from time to time. S. Compensation. The special projects administrator shall receive such compensation as the appointing officer shall fix at the time of appointment, and the compensation shall be a proper charge against the funds of the town. C. Powers and duties. The special projects administrator shall be responsible to and shall undertake all duties delegated by the town manager, deputy town manager or assistant town manager. SECTION 9. New section 3-2-10 is added of the Marana Town Code, entitled "Assistants to the town manager," as follows: Section 3-2-10 Assistants to the town manager A. Office established. The position of assistant to the town manager is hereby created and established. Consistent with budget authority approved by the town council, assistants to the town manager shall be appointed as set forth in section 3-1-2 and shall perform such duties and functions as delegated by the town manager, deputy town manager or assistant town manager, by memorandum, from time to time, through the human resources department. B. Compensation. Assistants to the town manager shall receive such compensation as the appointing officer shall fix at the time of appointment, and the compensation shall be a proper charge against the funds of the town. {OOO02125.DOC I} - 6 - 5/31/20069:50 AM FJC C. Powers and duties. Assistants to the town manager shall be responsible to and shall undertake all duties delegated by the town manager, deputy town manager or assistant town manager to whom he or she reports. SECTION 10. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance. SECTION 11. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 12. IT IS FURTHER ORDAINED that, since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of June, 2006. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00002125.DOC I} - 7 - 5/31/20069:50 AM FJC -.-.._-_.""-'"';-,.---,.."..................__."".,"'."",.....'"""'~~,,.",.~"_.... CHAPTER 3-1 CHAPTER 3-2 CHAPTER 3-3 CHAPTER 3-4 OFFICERS, DEPARTMENT HEADS, AND EMPLOYEES ....................................1 OFFICERS AND OTHER POSITIONS ................................................................... 3 PE RSON NEL POLICI ES ...................................................................................... 11 PU RCHASI NG ...................................................................................................... 12 {OOO02124. DOC I} TITLE 3. ADMINISTRATION Chapter 3-1 OFFICERS, DEPARTMENT HEADS, AND EMPLOYEES Section 3-1-1 Town officers A. There are hereby created, in addition to the mayor and town council members, the following officers of the town. An officer is defined as a person who holds an office of trust, command and authority, and the method of appointment or term of the officer has no relevance to authority granted. 1. Town manager 2. Deputy town manager 3. Assistant town managers 4. Town clerk 5. Town engineer 6. Town attorney B. These officers shall be appointed from time to time as set forth in this code. Section 3-1-2 Positions appointed by the town council, town manager, deputy town manager, assistant town managers & department heads A. The position of town manager shall be appointed from time to time by the town council, and shall be employed at the will of the town council. This position shall have no term of office, shall be at-will, and shall report directly to the town council. B. The town magistrate shall be appointed by the town council in accordance with section 5-2-1. C. The following positions shall report to the town manager, shall be appointed from time to time by the town manager, shall have no term of office, shall be at-will, and shall work at the pleasure of the town manager. 1. Deputy town manager 2. Assistant town managers 3. Town clerk 4. Town engineer 5. Town attorney D. The following positions shall report to the town manager, except that the town manager may designate in writing that one or more of these positions shall report to the deputy town manager or assistant town manager. Each of these positions shall be appointed from time to time by the town manager, deputy town manager or assistant town manager to whom he or she reports. Each of these positions shall have no term of office, shall be at-will, and shall work at the pleasure of the town manager, deputy town manager or assistant town manager to whom he or she reports. MARANA TOWN CODE {OOO02124. DOC /} 3-1 -'~<'~_."""'""""'-"""""""'~"'''''''_~''''"'''"'''''''''''~''-''''''''''''''''''"'''''''"''_''""~'<4--.- Title 3 was adopted by Ordinance No. 2000.07. Earlier versions were adopted by Ordinance Nos. 96.14 and 98.22. Section 3-1-1 was amended by Ordinance Nos. 2005.22 and 2006.14. Ordinance No. 2005.22 added "assistant town manager" and combined "town clerk" and "town marshal." Ordinance No. 2006.14 added "deputy town manager" and deleted "town marshal. " Section 3-1-2 was revised by Ordinance Nos. 2000.20, 2001.06, 2001.08, 2003.13 and 2006.14. Ordinance No. 2001.06 revised paragraph B to refer to section 5-2-1. Ordinance No. 2001.08 added the Court Administrator as a Town manager appointee. Ordinance No. 2003.13 made the Town attorney a Town manager appointee and updated various department head designations. Ordinance No. 2006.14 made revisions to accommodate the deputy town manager position and eliminated the list of individual department heads. 6/6/2006 1. Department heads 2. Special projects administrator 3. Assistants to the town manager E. All other personnel who are employed under a department head shall be hired by their department head, with the approval of the town manager, deputy town manager or assistant town manager to whom the department head reports, and shall work at the pleasure of their department head, as provided in this code and the town personnel policies. F. The duties of any employee may be delegated by that employee to a deputy when a deputy position exists. Section 3-1-3 Classification of employees All offices in the town are divided into classified and unclassified service. The extent to which certain personnel rules or provisions apply to particular employees will depend upon whether those employees are working as classified or unclassified employees. A. Classified Service. All employees of the town not specifically listed as an unclassified employee shall be part of the classified service. Different rules and policies, however, may be established for different groups of employees within the classified service. Classified employees are directed to the personnel manual for direction and employment protections contained there. B. Unclassified Service. Persons comprising unclassified service are part of a responsive management team that exists to carry out the goals and policies of the town. Unclassified employees are "at-will" employees. "At-will" employment is defined as employment that may be terminated upon the will of the employer or employee, at any time with or without cause. At-will employees do not have employment contracts, are not guaranteed any minimum length of employment, and do not have access to the personnel action review board procedures. Unclassified employees are not subject to the salary schedule, and shall be paid according to performance and qualifications, to be determined by the appointing authority (either the town council or the town manager). However, unclassified employees shall receive any general salary increases that may be granted from time to time, except that the town manager shall only receive general salary increases if they are provided for in an employment contract duly authorized by the council. The following shall be unclassified employees: 1. Town manager 2. Deputy town manager 3. Assistant town managers 4. Town clerk 5. Town engineer 6. Town attorney 7. Department heads 8. Special projects administrator MARANA TOWN CODE {OOO02124. DOC /} 3-2 Section 3-1-3 was amended by Ordinance Nos. 2000.20, 2001.08, 2003.13 and 2006.14. Ordinance NO.2005.22 inserted "contained there" for "therein" Ordinance No.2005.22 inserted "personnel action review board" for "personnel problem resolution" in paragraph B and revised the second to last sentence to add "except that the town manager shall only receive general salary increases if they are provided for in an employment contract duly authorized by the council" to conform to current practice. Ordinance No. 2006. 14 revised the second sentence relating to the applicability of personnel policies to unclassified employees, and simplified the list that follows paragraph B. 6/6/2006 9. Assistants to the town manager Section 3-1-4 Non-employee positions The following appointed positions shall not be considered to be employment positions and exist outside town personnel policies and provisions: A. All elected officials and members of boards, committees and commissions; B. Volunteer personnel and personnel appointed to service without pay; C. Personnel who render temporary, provisional or special assignment; D. Part time personnel employed less than half time (1,040 hours per year); and E. Those engaged by the town on a contractual basis. Section 3-1-5 Compensation and benefits The compensation and benefits of appointed town employees shall be as fixed from time to time by the town council or town manager. All benefits afforded to classified employees shall be afforded to unclassified employees. Section 3-1-6 Bond The town council shall require each officer of the town to furnish bond for the due discharge of his or her duties in an amount and with that security as it may direct and approve as determined by resolution. The town shall pay the costs of the bond. At the discretion of the town council, the bond may be in the form of a blanket bond with coverage the council deems necessary. Section 3-1-7 Vacancies; holding more than one office Any vacancy that shall occur in any town position shall be filled by appointment of the appointing authority (town council, town manager, or department head). One person may hold more than one position and 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 elected office, but employed at the pleasure of the town council. Section 3-1-8 Additional powers and duties In addition to any powers and duties prescribed in this code, each employee shall have those further powers, perform those further duties and hold any other office as may be provided by that employee's direct supervisor. Chapter 3-2 OFFICERS AND OTHER POSITIONS Section 3-2-1 Town manager A. Office established. The position of town manager is hereby created and established. The town manager shall be appointed by a majority of the town council on the basis of his or her executive and administrative qualifications and his or her knowledge of accepted MARANA TOWN CODE {OOO02124.DOCI} 3-3 Section 3-2-1 was revised by Ordinance Nos. 2000.20, 2003.13 and 2006.14. Ordinance No. 2000.20 made amendments to address the creation of the assistant Town manager position. Ordinance No. 2003. 13 made minor corrections. Ordinance No. 2006.14 deleted a paragraph entitled "Bond" and made revisions to accommodate the new deputy town manager position. 6/6/2006 practice in respect to the duties of the office as set forth below. The town manager shall serve at the pleasure of the town council. B. Ineliaibilitv of town council member. No town council member shall be appointed town manager during the term for which he or she has been elected to the town council. C. Temoorarv absence. During the temporary absence or disability of the appointed town manager, the deputy town manager shall perform the duties of town manager. If the deputy town manager is absent, unable or unwilling to perform the duties of town manager, the town council shall designate an assistant town manager to perform the duties of town manager. D. Permanent absence. If a town manager is not employed by the town for any period of time due to resignation, discharge, or for any other reason, all duties designated in this code to the town manager shall be performed by the deputy town manager or any individual selected by the town council. E. Removal from office. The town manager may be removed by the town council by a majority of its members. The town manager must give 30 days written notice of his or her intention to resign, provided that the town council, upon a majority vote of its members, may waive this requirement. F. Comoensation. The town manager shall receive such compensation as the town council shall from time to time determine and fix by ordinance, resolution or motion, and the compensation shall be a proper charge against those funds of the town as the town 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 as approved by the town council by the adoption of its budget. Reimbursement shall be made only when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented. G. Powers and duties. Except as otherwise provided in this code, the town manager shall be the chief administrative officer and head of the administrative branch of the town government and shall be responsible to the town council forthe proper administration of all affairs of the town. In addition to the general powers as the chief administrative officer and not as a limitation on them, it shall be the town manager's responsibility and authority to perform the following: 1. The town manager shall execute, on behalf of the town council, general administrative supervision and control of the affairs of the town; 2. The town manager shall attend all meetings of the town council with the duty of reporting on or discussing any matter concerning the affairs of the departments, boards, commissions, committees, services or activities under his or her supervision, upon which the town council should be informed. Exceptions to attending meetings of the town council may be granted upon written request by the town manager and approval by the mayor; MARANA TOWN CODE {OOO02124.DOC I} 3-4 6/6/2006 3. Pursuant to the provisions of section 3-1-2, the town manager shall appoint and, when necessary, suspend or remove the appointive officers and employees set forth in section 3-1-2. All appointments and removals shall be based upon merit and upon the qualifications or disqualifications of the officer or employee without regard to any political belief or affiliation, and in coordination with the appropriate department head. The power of appointment, suspension or removal of the town magistrate shall be expressly reserved to the town council; 4. The town manager shall coordinate the administrative functions and operations of the various departments, boards, commissions, committees, 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 the various departments, boards, commissions, committees, divisions or services; 5. The town manager shall cause to be prepared and submitted to him or her by each department, board, commission, committee, division or service of the town government, itemized annual estimates of expenditures required by them for capital outlay, salaries, wages and miscellaneous operating costs, tabulate the same into a preliminary consolidated municipal budget and submit the same to the town council annually on the date specified by it, with his or her recommendations as to any increases, decreases, cancellations, transfers or changes in any of the items included in the preliminary budget; 6. The town manager shall supervise the expenditures of all departments, divisions or services of the town government; 7. The town manager shall analyze and supervise the functions, duties and activities of the various departments, boards, commissions, committees and services of the town government and all employees of the town; 8. The town manager shall develop and organize necessary improvement projects and programs and aid and assist the town council and the various departments, boards, commissions and committees in carrying them through to a successful conclusion; 9. The town manager shall 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 of the town to the end. The town manager shall make every effort to satisfy all residents that their town government is being operated on their behalf with the highest degree of efficiency; 10. The town manager shall cooperate with all community organizations whose aims and purposes are to advance the interests of the town and its residents and provide them with all reasonable assistance obtainable through the town government within the limitations of the law; 11. The town manager shall 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 MARANA TOWN CODE {OOO02124. DOC /} 3-5 Ordinance No. 2003.13 amended paragraph 3 by inadvertently deleting all but the first sentence. Ordinance No. 2005.22 restored the second and third sentences but removed "town attorney and" before "town magistrate" to conform to the establishment of the town attorney as a town manager-appointed officer under Ordinance No. 2003. 13. Ordinance No. 2005.22 amended paragraph 6 to delete reference to the town manager as purchasing director, to conform to Ordinance No. 2002.22 6/6/2006 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; 12. The town manager shall 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 recommend to the town council abolition or consolidation of positions or transfers or removal of personnel, whenever in his or her judgment, that action would increase efficiency in the administration of the town government; 13. The town manager shall, in cooperation with the police department, see that all laws and ordinances of the town and the state are duly enforced; 14. The town manager shall devote his or her entire work effort to the discharge of his or her official duties. Exceptions to this requirement may be granted by the town council acting upon a written request from the town manager; 15. The town manager shall perform any other duties as may be required of him or her by the town council, not inconsistent with the laws of the state, this code or the ordinances of the town. H. Limitations upon responsibilitv. The town manager shall not exercise any policy-making or legislative functions whatsoever, or attempt to commit or bind the town council or any council member 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 specifically set forth in this code. I. Conduct. In the discharge of his or her duties, the town manager shall at all times endeavor to exercise the highest degree of tact, patience, integrity and courtesy in his or her contact 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 continuously maintained. Section 3-2-2 Deputy town manager A. Office established. The position of deputy town manager is hereby created and established. The deputy town manager shall be appointed by the town manager and shall perform the duties of the office of the town manager when the town manager is absent and as delegated under the general and specific direction of the town manager from time to time. B. Compensation. The deputy town manager shall receive such compensation as the town manager shall fix at the time of the deputy town manager's appointment, and the compensation shall be a proper charge against the funds of the town. The deputy 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 MARANA TOWN CODE 3-6 {OOO02124.DOCI} Section 3-2-2 was added by Ordinance No. 2006.14 6/6/2006 incurred when traveling on business pertaining to the town as approved by the town council by the adoption of its budget. Reimbursement shall be made only when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented. C. Powers and duties. The deputy town manager shall be responsible to the town manager for the proper administration of all affairs delegated by the town manager. During the town manager's absence, the deputy town manager shall perform the duties of the town manager. The town manager may delegate to the deputy town manager any of the town manager's authority, but in no event shall the deputy town manager's authority exceed the town manager's powers and duties set forth in section 3-2-1(H). D. Limitations uoon resoonsibilitv. The deputy town manager shall not exercise any policy-making or legislative functions whatsoever, or attempt to commit or bind the town manager or town councilor any council member 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 deputy town manager that is vested in or imposed by general law or town ordinances in any town commission, board, officer or employee except as specifically set forth in this code. E. Conduct. In the discharge of his or her duties, the deputy town manager shall at all times endeavor to exercise the highest degree of tact, patience, integrity and courtesy in his or her contact 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 among all personnel employed in the government of the town to the end that the highest possible standards of public service shall be continuously maintained. Section 3-2-3 Assistant town manager A. Office established. The position of assistant town manager is hereby created and established. One or more assistant town managers shall be appointed by the town manager, consistent with budget authority approved by the town council, and shall perform the duties of the office of the town manager as delegated under the general and specific direction of the town manager, by memorandum, from time to time, through the human resources department. At the town manager's discretion, one or more assistant town manager positions may be identified by their specifically delegated responsibilities and not as assistant town manager. B. Comoensation. Assistant town managers shall receive such compensation as the town manager shall fix at the time of appointment of the assistant town manager, and the compensation shall be a proper charge against the funds of the town. An assistant 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 as approved by the town council by the adoption of its budget. Reimbursement shall be made only when a verified itemized claim, MARANA TOWN CODE {OOO02124. DOC I} 3-7 This section was added by Ordinance No. 2000.20 and amended by Ordinance Nos. 2003.13, which made minor cOffections, and 2006.14, which deleted a paragraph entitled "Bond" and made revisions to accommodate the addition of the deputy town manager position. 6/6/2006 setting forth the sums expended for which reimbursement is requested, has been presented. C. Powers and duties. Assistant town managers shall support the town manager and shall be responsible to the town manager for the proper administration of all affairs delegated by the town manager. The town manager may delegate to an assistant town manager any of the town manager's authority, but in no event shall an assistant town manager's authority exceed the town manager's powers and duties set forth in section 3-2-1 (H). D. Limitations uoon resoonsibilitv. Assistant town managers shall not exercise any policy-making or legislative functions whatsoever, or attempt to commit or bind the town manager, deputy town manager, town council or any council member 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, an assistant town manager that is vested in or imposed by general law or town ordinances in any town commission, board, officer or employee except as specifically set forth in this code. E. Conduct. In the discharge of his or her duties, an assistant town manager shall at all times endeavor to exercise the highest degree of tact, patience, integrity and courtesy in his or her contact 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 among all personnel employed in the government of the town to the end that the highest possible standards of public service shall be continuously maintained. Section 3-2-4 Town clerk A. Office established. The office of town clerk is hereby created and established. The town clerk shall be appointed by the town manager and shall perform the duties of the office of town clerk under the general and specific direction of the town manager. B. Absence of town clerk. In the absence of the town clerk, the town manager or other designee of the town council shall be the acting town clerk. The acting town clerk shall have the duties and responsibilities of the town clerk as established by law, this code or other ordinance. C. Comoensation. The town clerk shall receive such compensation as the town manager shall fix at the time of appointment of the town clerk, and the compensation shall be a proper charge against the funds of the town. The town clerk 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 as approved by the town council by the adoption of its budget. Reimbursement shall be made only when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented. D. Powers and duties. The town clerk shall have those powers and duties set forth by state law as well as town ordinance, resolution, order or directive. In addition to the powers and duties set forth MARANA TOWN CODE {OOO02124. DOC I} 3-8 This section was amended by Ordinance Nos. 2000.20, 2003.13 and 2006.14. Ordinance No. 2006.14 deleted a paragraph entitled "Bond" and deleted former section 3-2-4 entitled "town marshal" Ordinance No. 2003.13 amended paragraph B by removing references to the deputy town clerk. 6/6/2006 above, it shall be the town clerk's responsibility and authority to perform the following: 1. The town clerk shall keep a true and correct record of all business transacted by the town council and any other records that either pertain to the business of the town or that the town manager directs. The town clerk shall number, plainly label, and file separately in a suitable cabinet, all resolutions, notices, deeds, surveys, leases, paid and unpaid vouchers, inventories, letters, orders and other documents of whatever nature; 2. The town clerk shall keep convenient for public inspection all public reports and public documents under the control of the town clerk, as provided by state statute; 3. The town clerk shall prepare and collect from town officers and employees monthly reports prepared in the manner and to include the information as directed by the town manager; 4. The town clerk shall prepare or cause to be prepared all minutes of town council proceedings and ensure their correctness and accuracy; 5. The town clerk shall process, record, file, publish and, if required by state statute, post all ordinances, resolutions, budgets and notices that may be passed by the town council; 6. The town clerk shall also be the treasurer of the town, and have the duties and responsibilities as prescribed by state law; 7. The town clerk shall be the town election official and perform those duties required by state statute and as directed by the town council; 8. The town clerk shall issue or cause to be issued all licenses that may be prescribed by state statute, town ordinance or this code; 9. The town clerk shall perform those administrative responsibilities and duties that are conferred upon the town clerk by the town manager in addition to those specified in town ordinances and this code. 10. The town clerk shall be the town marshal and shall perform duties of the town marshal required by law and as the town manager may deem necessary. Section 3-2-5 Town engineer A. Office established. The office of town engineer is hereby created and established. The town engineer shall be appointed by the town manager and shall perform the duties of the office of town engineer under the general and specific direction of the town manager. B. Comoensation. The town engineer shall receive such compensation as the town manager shall fix at the time of appointment of the town engineer, and the compensation shall be a proper charge against the funds of the town. The town engineer 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 as approved by the town manager. Reimbursement shall be made only when a verified itemized claim, MARANA TOWN CODE 3-9 {OOO02124. DOC /} Ordinance No. 2003.13 amended paragraph 1 by replacing "town council directs" with "town manager directs" Ordinance No. 2003.13 amended paragraph 3 by replacing "town council" with "town manager" Ordinance No. 2003.13 amended paragraph 9 by replacing "town council" with "town manager" Section 3-2-5 was revised by Ordinance Nos. 2000.20 and 2006.14. Ordinance No. 2006. 14 deleted a paragraph entitled "Bond" 6/6/2006 setting forth the sums expended for which reimbursement is requested, has been presented and approved by the town manager. C. Powers and duties. The town engineer shall have those powers and duties set forth by state law as well as town ordinance, resolution, order or directive. Notwithstanding the above, the town engineer shall have charge of the town streets and public works and shall perform those duties as may be required by law and any other duties as the town manager may deem necessary. Section 3-2-6 Town magistrate A. Office established. The office of town magistrate is hereby created and established. The town magistrate shall be appointed by the town council. B. Absence of town maaistrate. In the absence of the town magistrate he or she shall be responsible for providing a judge pro tempore to act as the town magistrate during the absence of the magistrate. C. Comoensation. The town magistrate shall receive such compensation as the town council shall fix at the time of appointment of the town magistrate, and the compensation shall be a proper charge against the funds of the town. D. Powers and duties. The town magistrate shall be the presiding officer of the magistrate court and shall perform those functions necessary to the maintenance of the town magistrate court as provided by state statute and by title 5 of this code. Section 3-2-7 Town attorney A. Office established. The position of town attorney is hereby created and established. The town attorney shall be appointed by the town manager and shall be chosen on the basis of his or her qualifications and knowledge of accepted practice in respect to the duties of the office as set forth in this section, and shall perform the duties of the office of town attorney under the general and specific direction of the town manager. B. Comoensation. The town attorney shall receive such compensation as the town manager shall from time to time determine. The town attorney 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 as approved by the town manager. 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 town manager. C. Powers and duties. 1. The town attorney is the administrative head of the legal department under the direction and control of the town manager. 2. The town attorney shall act as the legal counselor and advisor of the town council and other town officials, as designated by the town council, and as such shall give his or her opinions. When requested the opinion shall be in writing. MARANA TOWN CODE {OOO02124.DOCI} 3-10 Section 3-2-6 was revised by Ordinance No. 2000.20. Section 3-2-7 was amended by Ordinance Nos. 2000.20, 2003.13 and 2006.14. Ordinance No. 2003.13 amended paragraph A to provide for appointment by the town manager. Ordinance No. 2006. 14 deleted a DaraaraDh entitled "Bond" Ordinance No. 2005.22 inserted "town manager shall from time to time determine" for "town 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 town council shall designate" to conform to Ordinance No. 2003. 13 6/6/2006 3. The town attorney shall draft all deeds, contracts, conveyances, ordinances, resolutions and other legal instruments when requested by the town councilor town manager. 4. The town attorney shall approve or disapprove as to form, in writing, all documents submitted to him or her. 5. The town attorney shall return within ten days all ordinances and resolutions submitted to him or her for consideration by the town councilor town manager, with his or her approval or disapproval as to form noted on them, together with his or her reasons if disapproved. 6. The town attorney shall prosecute and defend all suits, actions or causes where the town is a party and report to the town manager the condition of any suit or action to which the town is a party. Section 3-2-8 Department heads A. Offices established. The positions of department heads are hereby created and established in accordance with section 3-1-2. Each department head shall be appointed, suspended or removed by and shall perform their duties under the general and specific direction of the town manager, deputy town manager or assistant town manager to whom he or she reports. B. ComDensation. Department heads shall receive such compensation as the town manager, deputy town manager or assistant town manager to whom he or she reports shall fix from time to time. C. Duties. Department heads shall be charged with the responsibilities set forth by and shall perform the duties of their office under the general and specific direction of the town manager, deputy town manager or assistant town manager to whom he or she reports. Section 3-2-9 Special projects administrator A. Office established. The position of special projects administrator is hereby created and established. The special projects administrator shall be appointed as set forth in section 3-1-2 and shall undertake special projects as delegated by the town manager's office from time to time. B. ComDensation. The special projects administrator shall receive such compensation as the appointing officer shall fix at the time of appointment, and the compensation shall be a proper charge against the funds of the town. C. Powers and duties. The special projects administrator shall be responsible to and shall undertake all duties delegated by the town manager, deputy town manager or assistant town manager. Section 3-2-10 Assistants to the town manager A. Office established. The position of assistant to the town manager is hereby created and established. Consistent with budget authority approved by the town council, assistants to the town manager shall be appointed as set forth in section 3-1-2 and shall perform such duties and functions as delegated by the town manager, deputy town manager or assistant town manager, by memorandum, from time to time, through the human resources department. MARANA TOWN CODE 3-11 {OOO02124.DOCI} Ordinance No. 2003.13 amended paragraph 6 by replacing 'Town council" with 'Town manager" Section 3-2-8 was amended by Ordinance Nos. 2000.20, 2001.08, 2003.13 and 2006.14. Ordinance No. 2003.13 removed a list of department heads from paragraph A that had been modified by Ordinance Nos. 2000.20 and 2001.08. Ordinance No. 2006.14 made revisions relating to the addition of the deputy town manager position. Section 3-2-9 was added by Ordinance No. 2006.14 Section 3-2-10 was added by Ordinance No. 2006.14 6/6/2006 B. Comoensation. Assistants to the town manager shall receive such compensation as the appointing officer shall fix at the time of appointment, and the compensation shall be a proper charge against the funds of the town. C. Powers and duties. Assistants to the town manager shall be responsible to and shall undertake all duties delegated by the town manager, deputy town manager or assistant town manager to whom he or she reports. Chapter 3-3 PERSONNEL POLICIES Section 3-3-1 Creation and scope The town council shall adopt a personnel system for the employees of the town, the provisions of which shall apply to all classified employees of the town. The town council may adopt rules and procedures pertaining to the officers of the town appointed directly by the town council. Section 3-3-2 Conditions of employment 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 shall be discriminated against on the basis of race, color, national origin, religion, sex, disability, marital or familial status, veteran status or political affiliation. Section 3-3-3 Rules and regulations The town council or town manager may adopt rules, regulations and policies to give effect to this chapter, which may be modified or changed from time to time, but the rules and regulations shall follow the generally accepted principles of good personnel administration. Section 3-3-4 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. Chapter 3-4 PURCHASING Section 3-4-1 Scope of chapter This chapter shall govern the purchase of any goods or services for or on behalf of the town except as otherwise indicated. This chapter is intended to supplement state law; however should applicable state law provide stricter provisions regarding any proposed transaction, those more stringent provisions shall apply. Section 3-4-2 Town council approval; when required Notwithstanding other provisions of this chapter, no purchases shall be made by or on behalf of the town without first obtaining town council approval in the following instances: A. Where prior approval is required by state law or town code; MARANA TOWN CODE {OOO02124.DOCI} 3-12 6/6/2006