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Article 3-2
OFFICERSSections:
3-2-1 Town Manager
3-2-2 Town Clerk
3-2-3 Town Marshal
3-2-4 Town Engineer
3-2-5 Town Attorney
3-2-6 Town Magistrate
3-2-7 Finance Director
3-2-8 Planning and Zoning Director
3-2-9 Building Official
3-2-10 Human Resources Director
3-2-11 Water Utility Director
3-2-12 Information Technology Director
3-2-13 Parks and Recreation Director
3-2-1 Town Manager
A. Office Created. The office of the Town Manager is hereby created and established. The Town Manager shall be appointed by the Council on the basis of executive and administrative qualifications with special reference to actual experience in or knowledge of accepted practice in respect to the duties of office as hereinafter set forth; and he shall hold office for and at the pleasure of the Council.
B. Eligibility. Residence in the Town, at the time of appointment, shall not be required as a condition of appointment. However, within six (6) months from the date of appointment, the Town Manager must become a resident of the Town.
C. Bond. The Town Manager shall secure a corporate surety bond to be approved by the Council in such sum as may be determined by the Council. The bond shall be conditioned upon the faithful performance of the duties imposed on the Manager as prescribed in this article. The bond fee shall be paid by the Town.
D. Absence. To perform the duties of Town Manager during the temporary absence or disability of the permanent Town Manager, the Town Manager may designate a qualified administrative officer or a member of the Council of the Town.
E. Removal. The Town Manager may be removed by the Town Council by a majority vote of its members immediately for cause or without cause as set forth in the Town Manager’s contract of employment.
F. Resignation. The Manager shall give in writing notice of his intention to resign before leaving the office of Town Manager, or pursuant to the terms of their employment agreement.
G. Compensation. The Manager shall receive such compensation as the 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 Council shall designate. The 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 the Town as approved by the Council; 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 Council.
H. Powers and Duties. The Town Manager shall be the administrative officer of the Town government and shall be responsible to the Council for the proper administration of all affairs of the Town under the specific direction and control of the Council. In addition to the general powers as the chief administrative officer and not as a limitation thereon, it shall be the Manager’s responsibility and authority:
1. To see that all laws and ordinances of the Town are duly enforced, and that all franchises and privileges granted by the Town are faithfully observed.
2. To appoint and, when necessary, suspend or remove employees of the Town including the Town Planning and Zoning Director, Town Finance Director, Town Building Official, Town Clerk, Town Engineer, Human Resources Director, Water Utility Director, Parks and Recreation Director, and Information Technology Director. The Town Marshall/Chief of Police and Town Attorney shall be appointed and terminated by the Town Council.
3. To coordinate the administrative functions and operation of the various departments, boards, divisions and services of the Town government, and on its behalf to carry out policies, rules, regulations and ordinances adopted by it, relating to the administration of the affairs of such departments, boards, divisions or services. Such powers and duties to be subject to the following provisions:
a. That the organizational structure under which municipal services are performed shall be specified in an organization chart.
4. To attend all meetings of the Council unless excused therefrom and to attend, or designate a representative to attend, all Board and Commission meetings.
5. To recommend to the Council for adoption such measures and ordinances as are necessary.
6. To recommend to the Council at periodic intervals changes needed in the Town Code.
7. Repealed by Ord. (O)07-37.
8. To keep the Council at all times fully advised as to the financial conditions and needs of the Town. To provide whatever reports to the Council as it may deem necessary.
9. To prepare and submit to the Council a proposed budget for the next fiscal and subsequent four (4) fiscal years.
10. To procure or cause to be procured all supplies and equipment and to make arrangements for contractual services for all the departments or divisions of the Town of an amount up to twenty thousand dollars ($20,000), letting contracts for between one thousand dollars ($1,000) and twenty thousand dollars ($20,000) on an “informal bid” process; and to receive sealed bids for procurements in excess of twenty thousand dollars ($20,000) and to present them to the council for approval. Procurements made by, through or with the Federal Government or its agencies, State of Arizona or its political subdivisions; or the Houston-Galveston Area Council (H-GAC) provided they continue to meet the requirements for bids as established by State and Federal Law, need not be submitted to the Council for approval; however, such procurements are restricted to approved budgetary items only.
11. To analyze the functions, duties and activities of the various departments, boards and services of the Town government and of all employees thereof, and to make such recommendations to the Council with reference thereto, as in his judgment will result, if made effective, in the highest degree of efficiency in the overall operation of the Town government.
12. To investigate all complaints in relation to matters concerning the administration of the Town, its utilities or enterprises.
13. To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the Council.
14. To devote as much time to the duties of the office of Town Manager and the interest of the Town as necessary.
15. To perform such other duties and exercise such other powers as may be delegated from time to time by ordinance or resolution of the Council.
16. To settle or cause to be settled all claims against the Town of Oro Valley for greater than ten thousand dollars ($10,000), but not more than twenty thousand dollars ($20,000), in accordance with Section 3-7-1(B) of this code.
17. To enter into easement agreements or utility service agreements with public utility companies on behalf of the Town for the provision of utility service to public works projects located upon Town-owned real property.
I. Council to Act Through Manager. Except for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the Manager, and neither the Council nor any member thereof shall give orders to any subordinate of the Manager either publicly or privately.
However, by Council action individual Council members may be assigned specific administrative duties. In such cases the Town Manager shall make provisions for the appropriate staff members to work with such Council members. Specific authority and responsibilities shall be defined by the Council. The Town Manager shall be kept informed regarding the administrative actions in the same manner as with any staff person and shall work with the Council member to prevent duplication of effort or conflict of responsibility.
((O)08-05, Amended, 03/05/08; (O)07-37, Amended, 09/05/07; 04-26, Amended, 09/15/2004; 02-03, Amended, 01/09/2002; 00-28, Amended, 09/20/2000; 95-66, Amended, 07/12/1995)
3-2-2 Town Clerk
A. Records. The Town Clerk shall keep a true and correct record of all business transacted by the Council and any other records that either pertain to the business of the Town or that the Town Manager directs. The Town Clerk shall plainly label and file separately all resolutions, notices, deeds, surveys, leases, paid and unpaid vouchers, inventories, letters, orders and any other Town-related documents.
B. Public Inspection of Records. The Town Clerk shall keep convenient for public inspection all public records and public documents under the Clerk’s control, as provided by State statute.
C. Monthly Reports. The Town Clerk shall collect from Town officials such monthly reports prepared in such manner and to include such information as may be directed by the Town Manager.
D. Synopsis Minutes. The Town Clerk shall prepare or cause to be prepared all minutes of Council proceedings and ensure their correctness and accuracy.
E. Ordinances, Resolutions, Budgets and Notices. 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 Council.
F. Duties as Treasurer. The Town Clerk shall also be Treasurer of the Town and have such duties and responsibilities as prescribed by the Arizona Revised Statutes.
G. Election Official. The Town Clerk shall be the Town Election Official and perform those duties required by Arizona Revised Statute 9-821, Title 16, and Title 19.
1. Pursuant to Arizona Revised Statute 16-201, on the eighth Tuesday prior to a general election at which candidates for public office are to be elected, a primary election shall be held.
2. In accordance with Arizona Revised Statute 16-204(B)(2), the Town will hold their general election on the third Tuesday in May.
3. Pursuant to Arizona Revised Statute 16-204, a special election may be held only on the consolidated election dates prescribed by this statute.
H. Licenses. The Town Clerk shall issue or cause to be issued all licenses that may be prescribed by State Arizona Revised Statute 9-240(B)(19) or Chapter 8, Business Regulations, or the Oro Valley Town Code. No license shall be granted for more than one (1) year, and the charge for any license so issued by the Clerk shall not be less than ten dollars ($10.00) nor more than five thousand dollars ($5,000).
I. Administrative Duties. The Town Clerk shall perform those administrative responsibilities and duties that are conferred upon the Clerk by the Town Manager in addition to those specified in this code.
J. Code Editor. The Town Clerk, in consultation with the Town Attorney, shall be designated as the Code Editor, and shall perform those duties associated with editing the Oro Valley Town Code. The Town Clerk shall not alter the sense, meaning, or effect of any code provision, but may:
1. Renumber sections and parts of sections of newly enacted text.
2. Rearrange sections, parts of sections, articles, chapters, and titles.
3. Change reference numbers to agree with renumbered sections, parts of sections, articles, chapters, and titles.
4. Change capitalization for the purpose of uniformity.
5. Correct manifest clerical, typographical and electronic database errors in statutory and nonstatutory text.
6. Electronically supplement the code within thirty (30) days from the date of the final passage of the ordinance, and each replacement page of the code shall then be properly identified and timely inserted into each copy of the code notebook.
K. Acceptance on Behalf of the Town. The Town Clerk is the proper party for acceptance of any and all official notices required to be served upon the Town of Oro Valley. The Town Clerk shall accept official notices in accordance with Arizona Revised Statute 12-821.01, and service of process in accordance with the Rules of Civil Procedure 4.1(c)(5)(j).
L. Appointment, Evaluation and Termination. The Town Clerk shall be appointed, evaluated and terminated by the Town Manager in accordance with Town policies and procedures or pursuant to an employment agreement.
((O)07-37, Amended, 09/05/07; 02-02, Amended, 01/09/2002)
3-2-3 Town Marshal
The Marshal shall be the Chief of Police, and he shall perform such duties as may be required of him by law and as the Council may deem necessary. The Chief of Police is appointed and may be terminated by the Council pursuant to any employment agreement. Daily oversight and performance evaluations shall be completed by the Town Manager.
((O)07-37, Amended, 09/05/07)
3-2-4 Town Engineer
The Engineer shall have charge of the Town streets and public works and shall perform such duties as may be required of him by law and such other duties as the Town Manager may deem necessary. The Town Engineer shall be appointed, evaluated and terminated by the Town Manager in accordance with Town policies and procedures or pursuant to an employment agreement.
((O)07-37, Amended, 09/05/07)
3-2-5 Town Attorney
The Town Attorney shall act as the legal counselor and advisor of the Council and other Town officials and, as such, shall give an opinion in writing when requested; shall draft all deeds, contracts, conveyances, ordinances, resolutions and other legal instruments when required by the Council; shall approve as to form, in writing, all drafts of contracts and all official or other bonds before final approval or acceptance thereof by the Council; shall return within fourteen (14) days all ordinances and resolutions submitted for consideration by the Council, with notes referencing approval or disapproval as to form, together with reasons therefor; shall supervise the prosecution and defense, or cause to be prosecuted and defended, all criminal and civil suits, actions or causes where the Town is a party and shall report to the Council, when required, the condition of any suit or action to which the Town is a party; and shall have the authority to settle all claims against the Town of Oro Valley valued at less than ten thousand dollars ($10,000) in accordance with Section 3-7-1(A) of this code.
The Town Attorney is appointed and may be terminated by the Council pursuant to any employment agreement. An annual evaluation shall be conducted by the Council in consultation with the Town Manager.
((O)07-37, Amended, 09/05/07; 02-03, Amended, 01/09/2002)
3-2-6 Town Magistrate
The Town Magistrate shall be the presiding officer of the Magistrate’s Court and shall be selected by the Council and shall perform those functions necessary to the maintenance of the Magistrate’s Court as provided by State statute.
((O)07-37, Amended, 09/05/07)
3-2-7 Finance Director
The Finance Director shall receive and safely keep all monies that shall come to the Town and pay out the same. He shall keep a separate record and account of each different fund provided by the Council, apportion the monies received among the different funds as prescribed by the Council, and keep a complete set of books showing: every money transaction of the Town, the state of each fund, from what source the money in each fund was derived and for what purpose expended, and he shall make monthly reports to the Council of all receipts and disbursements and the balance in each fund. At the end of the fiscal year he shall make a full and detailed statement of the receipts and expenditures of the Town during the year, specifying the different sources of revenue and the amount received from each, all appropriations made by the Mayor and Council, and the object for which they were made, and the amount of money expended under each, the evidences of indebtedness issued, and what portion remains thereof outstanding, with the rate and amount of interest due thereon, and the amount of cash on hand. The Finance Director shall further oversee the financial duties and obligations of the Town and perform the necessary fiscal duties. The Finance Director shall be appointed, evaluated and terminated by the Town Manager in accordance with Town policies and procedures or pursuant to an employment agreement.
((O)07-37, Amended, 09/05/07; Amended 1/19/94)
3-2-8 Planning and Zoning Director
The Planning and Zoning Director shall direct the activities of the Planning Department and Zoning Enforcement and shall perform those duties necessary for operation of Town Planning and Zoning functions. The Planning and Zoning Director shall be appointed, evaluated and terminated by the Town Manager in accordance with Town policies and procedures or pursuant to an employment agreement.
((O)07-37, Added, 09/05/07)
3-2-9 Building Official
The Building Official/Building Safety Director shall direct the activities of the building permitting and safety offices and shall perform those duties necessary for operation of the building safety, permitting, and inspection functions. The Building Official shall be appointed, evaluated and terminated by the Town Manager in accordance with Town policies and procedures or pursuant to an employment agreement.
((O)07-37, Added, 09/05/07)
3-2-10 Human Resources Director
The Human Resources Director shall direct the activities of recruitment, compensation, benefits, employee relations, training and development and employee safety; and shall perform those duties necessary for operation of the human resources functions. The Human Resources Director shall be appointed, evaluated and terminated by the Town Manager in accordance with Town policies and procedures or pursuant to an employment agreement.
((O)07-37, Added, 09/05/07)
3-2-11 Water Utility Director
The Water Utility Director shall direct the activities of the water utility relating to water production, engineering, distribution, and customer service for reclaimed and potable water resources; and shall perform those duties necessary for operation of the water utility. The Water Utility Director shall be appointed, evaluated and terminated by the Town Manager in accordance with Town policies and procedures or pursuant to an employment agreement.
((O)07-37, Added, 09/05/07)
3-2-12 Information Technology Director
The Information Technology Director shall direct the activities of the Information Technology Department and shall perform those duties necessary for the operation of the Information Technology Department. The Information Technology Director shall be appointed, evaluated and terminated by the Town Manager in accordance with Town policies and procedures or pursuant to an employment agreement.
((O)07-37, Added, 09/05/07)
3-2-13 Parks and Recreation Director
The Parks and Recreation Director shall direct the activities of the Parks, Multimodal Trails, Aquatics, and Recreation Programs and shall perform those duties necessary for the operation of the Parks and Recreation Department. The Parks and Recreation Director shall be appointed, evaluated and terminated by the Town Manager in accordance with Town policies and procedures or pursuant to an employment agreement.
((O)07-37, Added, 09/05/07)
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