The text
Section 4.01 - Selection#
The Town Council shall conduct a broad-based search to provide qualified applicants for the position of Town Manager. The search must include advertising in a nationally recognized professional trade publication for Municipal Government or Public Administration. The Town Council may enlist the assistance of professionals in the search process.
Section 4.02 - Appointment, Qualifications, Terms of Office#
The Town Council shall appoint a Town Manager by a majority vote of the entire membership of the Town Council. Since the Town Council bears ultimate responsibility for the management of the Town, the Town Manager will serve at the pleasure of the Council. The Town Manager shall be chosen mainly on the basis of their executive and administrative qualifications. The Town Manager shall: (1)
Be a citizen of the United States, and shall not have been convicted of any crime which would constitute a felony in any jurisdiction.
(2)
Hold a Bachelor's or Master's degree in Public Administration or a related field from an accredited college or university;
(3)
Have a minimum of three (3) years experience as a City or Town Manager, or Assistant City or Town Manager, Acting Town Manager or have at least five (5) years of successful managerial experience which would qualify them to perform the duties listed in Section 4.04.
(4)
At all times follow Section 19.04 of this Charter and abide by the principles of the code of conduct of the International City/County Management Association (ICMA);
(5)
Be able to perform the duties described in this Charter.
The Town Manager hired by the Town Council shall be given an initial employment contract not to exceed three years, renewable at the Town Council's discretion for terms not to exceed three (3) years.
The Town Manager shall devote their entire time and attention to their duties as Town Manager and shall not, during their appointment, be actively engaged in any employment, or business, or in the practice of any profession, or hold any elected or appointed public office other than the office of Town Manager of the Town of Warren.
The Town Manager need not be a resident of the Town of Warren or the State of Rhode Island at the time of appointment but shall establish residence in the Town of Warren or within a fifteen (15) mile radius of the Town within six (6) months following appointment.
Section 4.03 - Powers of Appointment#
The Town Manager shall hire, promote, and dismiss, based upon merit and fitness alone, all department heads, officers, subordinates, and employees for whom no other method of selection is provided in this Charter.
Section 4.04 - Powers and Duties#
The Town Manager shall be responsible to the Town Council for the proper day-to-day operation of the Town of Warren's affairs for which the Town Manager is given responsibility under this Charter. The powers, duties, and responsibilities of the Town Manager shall include but are not intended to be limited to the following: (1)
Ease the administrative burden of the Town Council;
(2)
Propose to the Town Council for adoption rules and regulations establishing a personnel system. The personnel system shall make use of modern concepts of personnel management and may include, but not be limited to, the following elements: a method of administration, personnel policies indicating the rights, obligations, job descriptions and benefits of employees; a compensation plan for non-union employees subject to final budget approval; a method of recruiting and selecting employees based upon merit principles; a centralized record keeping system; a performance evaluation system; disciplinary procedures; and other elements that are determined necessary. All Town of Warren agencies and positions shall be subject to the rules and regulations adopted under this section;
(3)
Supervise, direct and be responsible for the efficient administration of all officers appointed by the Town Manager and their respective departments and of all functions for which the Town Manager is given responsibility, authority or control by this Charter, by ordinance, or by vote of the Town Council;
(4)
Administer either directly or through a person or persons supervised by the Town Manager, in accordance with this Charter, all provisions of general or special laws applicable to the Town of Warren, all ordinances, and all regulations established by the Town Council;
(5)
Comply with the Code of Ethics of the State of Rhode Island as well as with the code of ethics as stipulated in this Charter;
(6)
Coordinate all activities of Town departments, offices, commissions, committees, councils, boards, agencies and authorities;
(7)
Attend all regular and special meetings of the Town Council, unless excused by a vote of the Town Council, and answer all questions addressed to the Town Manager, which are related to matters under the general supervision of the Town Manager.
(8)
Keep the Town Council fully informed on a monthly basis as to the needs and financial condition of the Town of Warren, and recommend to the Town Council for adoption such measures requiring action by them as the Town Manager deems necessary or expedient;
(9)
Ensure that complete and full records of the financial and administrative activity of the Town of Warren are maintained and to render reports, including budget overruns, to the Town Council as shall be required;
(10)
Be responsible for the rental, use, maintenance and repair of all facilities of the Town of Warren;
(11)
Negotiate all contracts on behalf of the Town of Warren subject to budgetary controls, ratification by the Town Council. and signature by the Town Council President;
(12)
Maintain a full and complete inventory of all property owned by the Town of Warren and oversee the disposal and sale of surplus equipment;
(13)
Administer personnel policies, practices, rules and regulations, as well as any compensation plan, collective bargaining agreements, and any related matters for all employees of the Town of Warren;
(14)
Prepare and submit an annual budget, a 5-year capital improvement program which shall be updated each year based on priorities and changing conditions and a long term financial forecast as provided in this Charter;
(15)
Delegate, authorize or direct, in writing, any subordinate or employee of the Town of Warren to exercise any power, duty or responsibility which the office of Town Manager is authorized to exercise provided that all acts that are performed under such delegation shall be considered to be the acts of the Town Manager;
(16)
Prepare and deliver by January 31, an annual State of the Town report to the Town Council at a public meeting;
(17)
Maintain a unified purchasing system, make purchasing rules and regulations, and act as Purchasing Agent for the Town of Warren, subject to State law and the provisions of this Charter;
(18)
Review all findings of the annual audit management letter, report to the Town Council all actions necessary to correct any cited deficiencies, and implement corrective action whenever possible;
(19)
Authorize all requisitions for payment after proper review by and signature of the appropriate Department Head or Board Chairperson and the Town Treasurer;
(20)
Perform such other duties as necessary or as may be assigned by this Charter, by ordinance, or by vote of the Town Council.
Section 4.05 - Purchasing Policies#
The Town Manager shall act as the Purchasing Agent and shall perform the work of buying for the Town of Warren pursuant to rules and regulations established by them, with the approval of the Town Council. The Purchasing Agent, or an officer appointed by them, shall purchase or contract for all supplies, materials and equipment required by any department, office, commission, committee, council, board, agency or authority of the Town of Warren excluding the School Department and establish and enforce specifications with respect to supplies, materials and equipment. The Purchasing Agent must adhere to the specifications submitted by the requesting department and cannot vary the specifications without written approval of the requesting department. The Purchasing Agent shall also be responsible for the inspection of deliveries of supplies, materials and equipment to determine their quality, quantity, and conformance with specifications; cause to be made and kept current, an inventory of all supplies, materials and equipment required by any department, office, commission, committee, council, board, agency or authority; to declare as surplus obsolete and unused supplies, materials and equipment; and subject to the approval of the Town Council, dispose of any such property, by sale, if possible.
Section 4.06 - Competitive Bidding#
Before the Town of Warren makes any purchase of, or contracts for, supplies, materials, equipment and professional services or work to be performed in excess of the amount specified in RIGL 45-55-9, opportunity shall be given for competitive bidding, after public notice, under such rules and regulations, and with such exceptions as the Town Council may prescribe. No such transaction, which is essentially a unit, shall be divided into a series of orders for the purpose of circumventing the requirement of this Charter for competitive bidding.
All such purchases, or such contracts, for more than the amount specified in RIGL 45-55-9 shall be awarded to the lowest responsible bidder, except that the purchasing authority may be directed by the Town Council to reject any and all bids, and then to re-advertise for bids. Bids, specifications and all factors being equal, preference shall be given to the bidder whose place of business is located in the Town of Warren. The Town Council President and/or the Town Manager shall be permitted to waive the competitive bidding requirements for emergency expenditures. Such action is to be ratified by the Town Council at the first Town Council meeting following such action by the Town Council President or Town Manager. A written determination of the basis for the emergency, and for the selection of the particular contractor, shall be included in the contract file.
In the alternative, any State Master Price Agreement may be used if beneficial to the Town.
Section 4.07 - Prohibition against Independent Purchases#
Whenever any department, office, commission, committee, council, board, agency or authority of the Town of Warren shall purchase or contract for any supplies, materials or equipment, or contractual services, independently and contrary to the provisions of this Charter and rules and regulations made hereunder; such order or contract shall be voidable by the Town Council. This statement shall be printed on all Town of Warren purchase orders and all purchases shall be executed by written purchase order. Signature of the respective department head, chairperson of a board should be one of at least two signatures on all purchase orders.
Section 4.08 - Vacancy of Office#
The Town Council shall declare a vacancy in the office of Town Manager in accordance with Section 19.12.
Section 4.09 - Temporary Absence#
By letter filed with the Town Clerk, the Town Manager shall designate, subject to the approval of the Town Council, a qualified town administrative officer to exercise the powers and perform the duties of Town Manager during their temporary absence or disability. During such absence or disability the Town Council may revoke such designation at any time and appoint another officer of the Town of Warren to serve until the Town Manager shall return or their disability shall cease.
Section 4.10 - Annual Review of Town Manager#
Annually, the Town Council shall prepare and deliver to the Town Manager a written evaluation of the Town Manager's performance.
Section 4.11 - Removal of Town Manager#
Since the Town Manager serves at the pleasure of the Town Council, the Town Manager's contract shall not include any language or provisions that limit the rights and authority of the Town Council. The Town Council shall have the power at any time to remove the Manager from office in accordance with the following procedures: (1)
The Town Council shall adopt by affirmative vote of a majority of its members a preliminary resolution of removal, which shall contain the following:
a.
The reasons for the removal;
b.
Whether the Town Manager is suspended from duty pending final Council action and whether the suspension is with or without pay;
c.
The date of the Town Council meeting for a hearing on the Town Manager's removal. The date of the hearing shall be no later than thirty (30) days, and no earlier than (20) days from the date of the adoption of said preliminary resolution;
d.
The procedures to be used at hearing.
(2)
Said resolution shall be delivered to the Town Manager within twenty-four (24) hours of its adoption. The Town Manager shall file with the Town Council a written response to the preliminary resolution which shall contain a list of witnesses, if any, the Town Manager intends to call as well as a request for a public or private hearing.
(3)
After said hearing, the Town Council may adopt a final resolution of removal by an affirmative vote of a majority of the full Town Council.