[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:
A.
To direct and supervise the administrative services to
all departments, offices and agencies of the town except as otherwise provided
by law.
B.
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.
C.
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.
D.
To attend meetings of and work with the Budget Committee
to develop the annual budget and capital program of the town.
E.
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.
F.
To make such other reports as the Town Council may require
concerning the operation of the various town departments, offices and agencies.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
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.
