The Town Manager shall be chosen by the Council solely on the
basis of character and executive and administrative qualifications,
with special reference to actual experience in or knowledge of accepted
practice in respect to the duties of the office as hereinafter set
forth. At the time of appointment, the Manager need not be a resident
of the Town or state. The Manager may reside outside the Town of Cumberland
while in office only with the approval of the Town Council.
No Councilor shall receive appointment to the office of Town
Manager during the term for which he or she shall have been elected,
nor within one year after the expiration of his or her term, nor shall
any member of the Council act in that capacity. The Town Manager shall
give bond for the faithful discharge of all duties to the Town of
Cumberland in a sum and with surety or sureties to be approved by
the Council. The premium on the bond shall be paid by the Town.
The Town Manager shall be the chief administrative officer of
the Town and shall be responsible to the Council for the direction
and administration of all Town affairs and of all departments. The
Manager shall have the following powers and shall perform the following
duties:
(a)Â
Serve as Tax Collector, Town Treasurer, Overseer of the Poor, and
Road Commissioner and shall have and exercise all powers and perform
all the duties conferred or imposed by law upon said respective officers.
(b)Â
Appoint and remove pursuant to the laws of the State of Maine or
Town ordinance the Town Clerk and department heads. The Manager shall
appoint all other Town employees but may authorize a department head
to appoint or remove subordinates in such department or office, except
as may otherwise be required by statute, by this Charter, or by the
personnel ordinance adopted by the Council.
(c)Â
Review the performance of the Town Clerk and department heads on
an annual basis and summarize the results of such reviews with the
Town Council in executive session, within such restrictions or limitations
as may be imposed by the laws of the State of Maine.
(d)Â
Perform all responsibilities assigned pursuant to the personnel ordinance
adopted by the Council.
(e)Â
Establish initial salaries of appointees of the Manager, provided
that such salaries shall not exceed the budgeted amount on a prorated
basis.
(f)Â
Attend all public meetings and executive sessions of the Town Council,
except when the annual evaluation of the Manager is being discussed
or prepared. The Manager shall have the right to take part in discussions
but may not vote.
(g)Â
Ensure that all laws and provisions of this Charter and all acts
and resolutions of the Council subject to enforcement by the Manager
or by department heads or Town employees subject to the Manager's
direction and supervision are faithfully executed.
(h)Â
Prepare and submit the annual budget and capital program to the Council.
(i)Â
Submit to the Council and make available to the public a complete
report on the finances and administrative activities of the Town within
120 days after the end of each fiscal year.
(j)Â
Prepare and submit to the Council such reports and perform such duties
as the Council may require and make such recommendations to the Council
concerning the affairs of the Town as are deemed desirable.
(k)Â
Assist, insofar as possible, residents and taxpayers in discovering
their lawful remedies in cases involving complaints of unfair vendor,
administrative, and governmental practices.
(l)Â
Act as purchasing agent for all departments of the Town and submit
to competitive bids any transaction involving $50,000 or more, except
by order of the Council.
During any vacancy in the office of Town Manager, and during
the absence or disability of the Town Manager, the Council shall designate
a properly qualified person, not a member of the Council, to perform
the duties of Manager and fix compensation. The Acting Town Manager
shall have the same powers and duties as those given to and imposed
on the Town Manager. Before entering duties, the Acting Town Manager
shall give bond to the Town of Cumberland in a sum and with surety
or sureties to be approved by the Council. The premium on said bond
shall be paid by the Town.