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Ord 0352-ESTABLISHING A TOWN MANAGER FORM OF GOVERNMENT FOR SAID TOWN DEFINING THE AUTHORITY POWERS AND DUTIES OF THE TOWN MANAGER AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITHORDINANCE OF ORDINANCE NO. 'L. L E TOWN OF LOS GATOS CREATING THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS AS FOLLOWS: SECTION 1: OFFICE OF TOWN MANAGER CREATED. The office of Town 'Manager of the Town of Los Gatos is hereby created end- established. The Town Manager shall be appointed by the Town Council solely on the basis of his executive and administrative qualifications and ability, and shall hold office at and during the pleasure of the Town Council. SECTION 2: ELIGIBILITY. Residence in the Town of Los Gatos, at the time of appointment, shall not be required as a condition of appointment. No person elected to membership on the Town.Council shall, subsequent to such election, be eligible for appointment as Town IAanager of the Town of Los Gatos until one year has elapsed after he has ceased to be a member of the Town Council. SECTION 3: BOND. The Town Manager shall furnish a corporate surety bond to be approved by the Town Council in such sum as may be determined by the Town Council and shall be conditioned on the faithful performance of the duties imposed on the Town Manager as herein prescribed. SECTION 4: ABSENCE. In ca.se of the absence or disability of the Town Manager, the Town Council may designate some duly qualified person to perform the duties of the Town Manager, during the period. of absence or disability of said Town Manager, subject, .however, to said person furnishing a corporate surety bond conditioned on faithful per- formance of the duties required to be performed, as set forth in SECTION 3 herein. SECTION 5: COMPENSATION. The Town 1l11anager shall receive such compensation as the Town Council shall from time to time determine and fix by resolution, and said compensation shall be a proper charge against such funds of the Town that the Town Council shall designate. -1- Said 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 said Town under direction of the Town Council; reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented to the Town Council, and by said Town Council duly approved and allowed. SECTION 6: POWERS AND DUTIES. The Town Manager shall be the administrative head of the Town Government under the direction and control of the Torn Council, except as otherwise provided in this Ordin- ance. .He shall be responsible for the efficient administration of all the affairs of the Town which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the power: ` (a) To see that all laws and Ordinances of the Town are duly enforced, and that all franchises, permits and privileges granted by the Town are faithfully observed, and to report to the Council any violations thereof. (b) To control, order and give directions to all heads of departments, subordinate officers and employees of the Town, except the Town Clerk, Town Treasurer and Town Attorney; and to transfer employees from one department to another; and to consolidate or combine offices, positions, departments or units under his direction, provided, however, that nothing herein contained shall be construed to supersede the Civil Service System of the Town of Los Gatos. (c) To appoint and remove any officers and employees of the Town except the Town Clerk, Town Treasurer and Town Attorney, subject to the Civil Service system in the Town of Los Gatos, (d) To exercise control over all departments of the Town government and over all appointive officers and employees thereof, except the Town Clerk, Town Treasurer and Town Attorney. - 2- (e) To attend all meetings of the Town Council unless excused therefrom by the Town CouncJ4 except when his removal is under consideration by the Council. (f) Prepare the budget annually and submit it to the Town Council and be respon&le for its administration after adoptions (g) Prepare and submit to the Town Council as of the end of the fiscal year, a complete report on the finances and administrative activities of the Town for the preceding year. .(h) Keep the Town Council advised on the financial condition and future needs of the Town and make such recommendations as may seem to him desirable. E^~hen so acting (i), Act as Purchasing Agent for the Town. t.t he shall: (1). Give preference to local merchants, quality and price being equal; (2). Establish and enforce specifications with respect to supplies, materials and equipment required by the Town; (3). Inspect or supervise the inspection of all deliveries of supplies, materials and equipment, and determine their quality, quantity and conformity with specifications therefor; (4). Have charge of such general storerooms and ware- houses as the Council may provide; (5). Transfer to, or between, offices,. departments or agencies, supplies, materials or equipment, and, on approval of the Town Council with such notice as may be required, sell to the highest bidder surplus, obsolete or unused supplies, materials or equipment. (,j) Examine, or cause to be examined, without notice, the conduct of any officer or employee of the Town. (k) Appoint such advisory boards or committees of citizens as he may deem desirable, with the growth of the Town, to advise and assist him in his work; provided such persons shall not receive any compensation. -3- I - • i (1) Act as Personnel Director until the Council shall establish a separate office therefor., (m) To investigate all complaints in relation to matters concerning the administration of the Town government. (n) To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the Town Council and not specifically delegated to a particular board or officer. (o) To devote his entire time to the duties of his office and interests of the Town of Los Gatos. (p) To provide leadership for civic movements designed to benefit the residents of the Town when so authorized by the Town Council, (q) To make, compile and file with the Town Clerk a complete inventory of the property, real and personal, owned by the Town of Los Gatos and file amended inventories thereof at least semi-annually as to stock supplies and equipment, and at least annually as to other properties. (r) The Town Manager shall be an ex-officio member of all boards and commissions appointed by the Mayor or Town Council pursuant to law with a right to participate in all deliberations or actions by his voice but without vote. (s) To perform such other duties and exercise such other powers as may be delegated to him from time to time by Resolution of the Town Council. SECTION 7: CIVIL SERVICE. The exercise of the powers and duties of the Town Manager herein, and the provisions of this Ordinance shall be subject to Ordinance No. 244, entitled, "An Ordinance Of The Town of Los Gatos Creating And Establishing A Civil Service System For The Selection, Employment, Clasification, Advancement, Suspension, Discharge And Retirement Of Appointive Officers And Employees Of Said City", passed and adopted on January 20, 1936, and amendments and resolutions adopted pursuant thereto establishing the rules and regulations jl respecting a personnel system for the Town of Los Gatos and providing for - 4- the classification of employees, the appointment, transfer, promotion, demotion, removal, suspension, dismissal and reinstatement of such employees and the procedure outlined therein governing the same. SECTION 8: NO INTERFERENCE BETWEEN THE COUNCIL AND TOWN MANAGER. Neither the Council, nor any member, shall direct or request the appointment of any person to or his removal from office by the Town Manager or by any other appointing officer, or in any manner take part in the appointment or removal of an officer or employee in the administra- tive service of the Town. Except.for the purpose of inquiry, the Council and its members shall deal with the administrative services solely through the Town Manager, and neither the Council nor any member thereof shall give orders to any Torn officer, either publicly or privately. SECTION 9: REMOVAL OF T01,-N MANAGER. The removal of the Town Manager shall be only by the affirmative vote of four (4) members of the Town Council. (Subject however, to the provisions of the next succeeding section.) In case of his intended removal by the Council, the Town Manager shall be furnished with a written notice stating the Council's intention to remove him and the reasons therefor, at least thirty (30) days before theeffective date of his removal. Within seven (7) days after the delivery to the Town Manager of such notice, he may by. written notification to the Town Clerk, request a public hearing before the Council. Thereafter the Council shall fix a. time for the public hearing which shall be held at its usua•1 meeting place, but before the expiration of the thirty (30) day period, and at which the Town Manager shall appear and be heard. After furnishing the Town.Manager with written notice of intended removal, the Town Council may suspend him from duty, but his compensation shall continue until his removal by resolution of the Council passed subsequent to the aforesaid public hearing. In removing the Town Manager the Town Council shall use its uncontrolled descretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing; the purpose of which is to allow the Town Manager to publicly present -5- to the Town Council his grounds of opposition to removal prior to its action. SECTION 10: REMOVAL AFTER MTJNICIPAL ELECTION. Noti;ithstanding the provisions of this Ordinance hereinbefore enumerated, the Town Manager shall not be removed from office during or within a period of thirty (30) days next succeeding any general municipal election held in said Town at which said election a member of the Town Council is. elected; the purpose of this provision is to allow any neinly elected member to the Town Council or a reorganized Town Council to observe the actions and ability of the Town Manager in the performance of the powers and duties of his office. After the expiration of said thirty (30) day period aforementioned, the provisions of the preceding section as to the removal of said Manager shall apply and be effective. SECTION 11: TOWN MANAGER NOT IN CIVIL SERVICE. The office of Town Manager is hereby specifically excluded from the Civil Service or Personnel. System of the Town of Los Gatos, and the Town Manager shall not be entitled to the benefits, advantages or protection of said civil L Service or Personnel System of said Town, he shall not be subject to the procedures outlined or prevailing to said system. SECTION 12: CONSTITUTIONALITY. If any section, subsection, . sentence clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council of the Town of Los Gatos hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespec- tive of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. SECTION 13: PUBLICATION. This Ordinance shall be published once in the LOS GATOS DAILY TIMES, a newspaper of general circulation, printed. and published in the Town of Los Gatos. The above end foregoing Ordinance was duly and regularly continued introduced at a/regula.r meeting of the Town Council of the Town of Los Gatos held on the 2y;"eday of 411-4 g 4Q , 1953, and was thereafter -E- at a regular meeting held on the day of , 1953. duly and regularly adopted by the following vote: AYES : COUNCILMEN NOES COUNCIL14TEN A BSEN T : COUNCILMEN P; OR OF THE-T(Yffl.j OF LOS GPTO 'F ATTEST: -Joe A TOWN CLERK Q/P THE TOSUl OF LOS G TOS