Chapter 2.35
OFFICERS

Sections:

2.35.010    Town clerk.

2.35.015    Town manager.

2.35.020    Town marshal.

2.35.030    Town engineer.

2.35.040    Town attorney.

2.35.050    Town magistrate.

2.35.060    Fire chief.

2.35.070    Town building official and zoning administrator.

2.35.080    Department of library services.

2.35.090    Powers and duties – Director of library services.

2.35.010 Town clerk.

A. Records. The 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 council directs. The clerk shall number, plainly label and file separately in a suitable cabinet all resolutions, notices, deeds, surveys, leases, paid and unpaid vouchers, inventories, letters, orders and other documents of whatever nature.

B. Public Inspection of Records. The clerk shall keep convenient for public inspection all public records and public documents under his/her control, as provided by state statute.

C. Monthly Reports. The clerk shall prepare and collect from town officers and employees such monthly reports prepared in such manner and to include such information as may be directed by the council.

D. Minutes. The 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 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 clerk shall hold the office of town treasurer and receive and safely keep all monies that shall come to the town and pay out the same when authorized by the council. 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. 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.

G. Election Official. The clerk shall be the election official and perform those duties required by state statute.

H. Purchasing Agent. The clerk shall be the purchasing agent for the town and make purchases as authorized and directed by the council.

I. Licenses. The clerk shall issue or cause to be issued all licenses that may be prescribed by state statute or this code.

J. Administrative Duties. The clerk shall perform those administrative responsibilities and duties that are conferred upon him by the council in addition to those specified in this code. (Ord. 16-14 § 2, 2016; prior code § 3-2-1)

2.35.015 Town manager.

A. Establishment of Office. The office of the town manager is hereby created and established. The manager shall be appointed by the council wholly on the basis of his or her administrative and executive ability and qualifications and shall hold office for and at the pleasure of the council.

B. Residency. Residence in the town at the time of appointment of a manager shall not be required as a condition of the appointment, but within 90 days after reporting for work the manager must become a resident of the town, unless the council approves his or her residence outside the town.

C. Eligibility of Councilmember. No member of the council shall be eligible for appointment as manager until at least one year has elapsed after the councilmember has ceased to be a member of the council.

D. Compensation. The manager shall receive such compensation and benefits as the council shall from time to time determine. Nothing in this chapter shall be construed as a limitation on the power or authority of the council to enter into any supplemental agreement with the manager delineating additional terms and conditions of employment not inconsistent with any provisions of this chapter or of state statutes.

E. Removal from Office. As required by ARS Section 9-303(C), the manager shall serve at the pleasure of the town council and may be removed without cause by a majority vote of the council.

F. Absence or Disability. To perform the duties of town manager during the temporary absence or disability of the permanent town manager, the town manager may designate by letter, filed with the clerk, a qualified administrative officer of the town to be chosen from current employees thereof. In the event of the incapacity or separation of the town manager, the council may, by formal action, appoint someone to perform the duties of the manager until the manager has returned to capacity or until a new town manager is appointed.

G. Powers and Duties. The manager shall be the administrative head of the government of the town under the direction and control of the council. He or she shall be responsible for the administration of all affairs of the town which are under his or her control. In addition to his or her general powers as administrative head, it shall be his or her duty and he or she shall have the powers set forth in the following:

1. Law Enforcement. It shall be the duty of the manager to see that all laws and ordinances of the town, and that all franchises, contracts, permits, and privileges granted by the council, are faithfully observed and to report any failure in that regard to the council, which shall give such instruction and direction as it may desire for remedial, corrective, or terminating action by the manager.

2. Personnel Officer and Authority over Employees. It shall be the duty of the manager to serve as the town’s personnel officer, and he or she shall have the sole authority to hire, remove, control, order, and give directions to all heads of departments and to officers and employees of the town, pursuant to the town’s personnel policies. However, the council must have the opportunity to approve or reject the hiring, termination and resignation of the following officers: town clerk, town marshal, town engineer, town attorney, and town magistrate. As to these officers, the manager shall recommend appointment and removal, subject to all applicable personnel policies, ordinances, rules, and regulations.

3. Ordinances and Policies. It shall be the duty of the manager to recommend to the council for adoption such policies and ordinances as he or she deems necessary.

4. Attendance at Council Meetings. It shall be the duty of the manager to attend all meetings of the council unless at his or her request he or she is excused therefrom by the mayor individually or by the council. Except when his or her removal is under consideration, he or she shall present definite recommendations relative to each item on the agenda for approval, rejection or modification by the council.

5. Financial Reports. It shall be the duty of the manager to keep the council fully advised as to the needs of the town in such form and at such times as requested by the council.

6. Budget. It shall be the duty of the manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the council for its approval.

7. Expenditure Control and Purchasing. It shall be the duty of the manager to see that no indebtedness is incurred or expenditure made in violation of the state budget laws or the town’s code and purchasing policies.

8. Investigations and Complaints. It shall be the duty of the manager to make investigations into the affairs of the town and any department or division thereof, and any contract or the proper performance of any obligations of the town and to report all findings to the council. Further, it shall be the duty of the manager to investigate all complaints in relation to matters concerning the administration of the town government and in regard to the service maintained by public utilities in the town and report all findings to the council.

H. Council-Manager Relations. The manager shall take his or her orders and instructions from the council only when promulgated at a duly convened meeting of the council, and no individual councilmember shall give any orders or instructions to the manager, except for purpose of inquiry. The council and its members shall deal with the administrative services of the town solely through the town manager, and neither the council nor any member thereof shall give orders to any subordinates of the town manager, either publicly or privately, without the permission of the town manager. Any town business-related discussions between a councilmember and employees shall be approved by the town manager in advance, in writing.

I. Attendance at Meetings. The manager may attend all meetings of commissions, boards, or committees created by the council, upon his or her own volition or upon direction of the council. At the meetings which the manager attends, he or she shall be heard by the commissions, boards, or committees as to all matters upon which he or she wishes to address the members thereof, and he or she shall inform the members as to the status of any matter being considered by the council, and he or she shall cooperate to the fullest extent with the members of all commissions, boards, or committees appointed by the council.

J. Resignation of Manager. The manager shall provide the council a minimum of 45 days’ written notice of intention to resign his or her position. The manager shall assist the council in the recruitment and selection of a replacement if requested by the council. In the event of resignation due to health reasons, the period of written notice shall be determined in conference between the manager and the council.

K. Policy Implementation. The manager shall not exercise any legislative function whatsoever, nor shall the manager engage in policy making or institute programs which require official action of the council. The manager shall receive policy from the council, and the manager shall faithfully implement that policy.

L. Public Relations Officer. The manager shall serve as public relations officer of the town government, and follow through and endeavor to adjust all complaints filed against any employee, department or service of the town to the end. The manager shall cooperate with all community organizations whose aims and purposes are to advance the interests of the town and its residents and provide them with all reasonable assistance obtainable through the town government within the limitations of the law.

M. Conduct in Office. The manager shall endeavor at all times to exercise the highest degree of tact, ethics, patience and courtesy in contacts with the public, media and with all town boards, departments and employees, and shall use best efforts to establish and maintain a harmonious relationship between all personnel employed in the town to the end that the highest possible standards of public service shall be continuously maintained. (Ord. 19-11 §§ 1, 2, 2019; Ord. 18-06 § 1, 2018; Ord. 16-14 § 3, 2016)

2.35.020 Town marshal.

The marshal shall be the chief of police and shall perform such duties as may be required of him by law and as the council may deem necessary. (Ord. 19-14 § 2, 2019; prior code § 3-2-2)

2.35.030 Town engineer.

The engineer shall have charge of the streets, sewers and waterworks and shall perform such duties as may be required of him by law and such other duties as the council may deem necessary. (Prior code § 3-2-3)

2.35.040 Town attorney.

The attorney shall act as the legal counselor and advisor of the council and other town officials and as such shall give his opinion in writing when requested. He shall draft all deeds, contracts, conveyances, ordinances, resolutions and other legal instruments when required by the council. He 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. He shall return, within 10 days, all ordinances and resolutions submitted to him for consideration by the council, with his approval or disapproval as to form noted thereon, together with his reasons therefor. He shall prosecute and defend all 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. (Prior code § 3-2-4)

2.35.050 Town magistrate.

The town magistrate shall be the presiding officer of the magistrate’s court. He 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. (Prior code § 3-2-5)

2.35.060 Fire chief.

The duties of the fire chief are specified in Chapter 2.65. (Prior code § 3-2-6)

2.35.070 Town building official and zoning administrator.

The powers and duties of the town building official and the zoning administrator are as specified in state statutes and this code, and as prescribed by the council. These offices may be held by the same person or contracted entity appointed by the council. This code may use the terms “building official,” “building inspector” and “zoning inspector” interchangeably for these offices. (Ord. 15-05 § 1, 2015; Ord. 98-008, 1998; prior code § 3-2-7)

2.35.080 Department of library services.

The department of library services is hereby created. The department of library services is a department of the town. This department shall consist of the director of library services, who shall be the head of the department, and all offices and employees assigned thereto. All offices and employees shall perform their duties subject to the supervision of the director. The director shall supervise his or her department in accordance with the applicable personnel rules of the town. The director of library services shall be appointed by the town manager and shall serve under the direction and supervision of the town manager. (Ord. 18-06 § 2, 2018; Ord. 01-009 § 1, 2001; prior code § 3-2-8)

2.35.090 Powers and duties – Director of library services.

The director of library services shall:

A. Administer the care, expansion, operation of the library facilities and programs; plan for development and operation of all library facilities and programs, in accordance with policies and lawful directives of the town clerk and town council. Whenever possible, incorporate the recommendations formulated by the library board into practices and procedures, as appropriate.

B. Prepare and submit the annual department budget to the town clerk.

C. Inform the general public of the services and facilities provided by the department of library services; address professional civic groups on library subjects; solicit suggestions from the general public on increasing the effectiveness of the library programs; cooperate with governmental and voluntary agencies or organization in solving library problems; provide advisory assistance to community organizations, related to library service programs.

D. Advise the town council, town clerk, library board and community groups concerning the expenditure of public funds for library services; maintain effective and cooperative relations with all town officials, employees, state and federal agencies.

E. The department of library services will also be responsible for other duties as assigned by the town clerk. (Ord. 01-009 § 2, 2001; prior code § 3-2-9)