[HISTORY: Adopted by the Mayor and Council of the Town of South Bethany 11-9-1991 as Ord. No. 30-91. Amendments noted where applicable.]
[Amended 9-8-1995 by Ord. No. 50-95]
Pursuant to the Town Charter as provided by § C-8A, the office of Town Manager was created.
The Town Manager shall be appointed by the Town Council for an indefinite term. At the time of the Town Manager's appointment, he need not be a resident of the town or state, but within six months of his appointment as Town Manager, he shall reside within 30 miles of the Town of South Bethany and in the State of Delaware.
The Town Manager shall be chosen by the Town Council on the basis of his professional, executive and administrative qualifications in respect to the duties of his office hereinafter set forth.
The Town Manager shall give bond to the town for the faithful performance of his duties in the amount, form and with surety as the Town Council shall approve. The premium of the bond shall be paid by the town.
The annual compensation of the Town Manager shall be fixed by the Town Council. If no change is proposed and approved by the Town Council, the previously established compensation rate shall continue in effect until revised by a majority vote of the Town Council.
In the event of the temporary absence or disability of the Town Manager, the Town Council may designate a substitute administrative officer to exercise the powers and perform the duties of the Town Manager during his temporary absence or disability. The Town Council may revoke such designation at any time.
The Town Manager shall serve at the pleasure of the Town Council, and he may be suspended or removed from office by the Town Council for any reason whatsoever.
The Town Manager shall, within five days after his resignation, removal or suspension from office, give over to the Mayor all books, papers, vouchers and other property of whatever kind belonging to the town which are in his possession and shall pay over to the Treasurer all funds on hand.
The Town Manager shall assist the Town Council by providing administrative services to the Town Council members and assisting them in discharging the duties of the areas of assigned responsibilities.
The Town Manager shall be the Chief Administrative Officer of the town and shall be responsible to the Mayor and Town Council for the administration of all town affairs placed in his charge by or under the Town Charter, ordinance of the town or resolution of the Town Council.
In addition to the powers and duties enumerated in the Town Charter and by ordinance and resolution, the Town Manager shall have the power and it shall be his duty:
To direct and supervise the administrative services to all departments, offices and agencies of the town except as otherwise provided by law.
To attend all meetings of the Town Council and to provide such administrative information and data as may be requested by the Mayor and Council.
To see that all laws, provisions of the Town Charter, franchises and acts of the Town Council, subject to enforcement by him or by employees, subject to his directions and supervision, are faithfully executed.
To attend meetings of and work with the Budget Committee to develop the annual budget and capital program of the town.
To submit to the Town Council and make available to the public a complete report on the finances and administrative activities of the town as of the end of each fiscal year.
To make such other reports as the Town Council may require concerning the operation of the various town departments, offices and agencies.
To keep the Town Council fully advised as to the administrative operation and future needs of the town and to make such recommendations to the Town Council concerning the affairs of the town as he deems desirable.
To perform such other duties as are or may be specified in the Town Charter or as may be required by the Town Council in the legal exercise of its duties and functions.
To supervise the purchase of all materials, supplies and equipment for which funds are provided in the budget; to make contracts necessary for operation or maintenance of town services not to exceed spending ceilings as provided in the Town Charter.
To devote his scheduled work time to the discharge of his official duty and to serve as a principal emergency control officer for the town and to attend such meetings as may be required.
To submit the names of qualified individuals with his recommendations to the Mayor and/or the Town Council for consideration whenever necessary to fill vacancies in administrative or other positions that are required by law or Charter to be appointed by the Mayor and/or Town Council. The Town Manager may recommend the removal or suspension of any appointee when it would be in the best interest of the town, and the Mayor and/or the Town Council shall consider his recommendations. All recommendations for appointment or removal shall be based solely on the merit, qualifications or disqualifications of the official concerned without regard to his political beliefs or affiliations.
To recommend to the Town Council a standard schedule of pay for each appointive office and position in the town's service, including minimum, intermediate and maximum rates.
To recommend to the Town Council from time to time adoption of such measures as he may deem necessary or expedient for the health, safety or welfare of the town for the improvement of administrative services.
To consolidate or combine offices, positions, departments or units under his jurisdiction with the approval of the Town Council. The Town Manager may be the head of one or more departments.
In case of accident or an emergency, the Town Manager may, with the consent of the Mayor, award contracts and make purchases for the purpose of repairing damages caused by the accident or meeting the public emergency; but he shall promptly file with the Town Council a certificate showing the emergency and the necessity for such action, together with an itemized account of all expenditures.
The Town Manager may, with the consent of the Mayor, appoint, suspend and remove temporary and summer town employees.
If any section, subsection or sentence, clause or phrase of this chapter is for any reason held invalid, such decision or decisions shall not effect the validity of the remaining portions of this ordinance. All ordinances of the town describing the duties of heads of departments shall remain in full force and effect except in so far as they conflict with the provisions of this chapter, in which case the provisions of this chapter shall govern and prevail.