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DIVISION 1. - GENERALLY#
Sec. 2-180. - Vacancies in offices.#
Whenever any officer of the municipality appointed by the council shall be removed from office, die, resign or be incapacitated to perform the duties incident thereto any longer, an individual shall be appointed by the council to fill the vacancy during the unexpired term for which the office has been conferred on the person so removed, dead, resigned or incapacitated.
(Code 1995, § 2.16.010; Code 2006, § 31.01)
Sec. 2-181. - Salaries.#
Except as otherwise provided, the salary of each officer of the municipality elected by the council shall be fixed, designated and regulated by resolution of the council from time to time as the council shall deem fit.
(Code 1995, § 2.16.020; Code 2006, § 31.02)
Sec. 2-182. - Enforcement of ordinances, laws, and the like.#
All officers and employees of the municipality shall enforce obedience to such statutes, provisions of this Code or any ordinances, resolutions or rules and regulations or orders issued thereunder as may relate to their regular duties and any other statutes, provisions of this Code or ordinances, resolutions, rules and regulations, or orders with whose enforcement they are properly chargeable, by any measures provided therein, by the proper report of any violation thereof, and by instituting such proceedings as may be necessary to the enforcement.
(Code 1995, § 2.16.030; Code 2006, § 31.03)
Sec. 2-183. - Terms of officers; removal.#
Each officer of the town appointed by the council shall be appointed for such term as the council may designate, not to exceed any limits set forth in the town's ordinances or state law, and shall be subject to removal from office for any cause the council may deem sufficient and upon a majority vote of all councilmembers.
(Code 1995, § 2.16.040; Code 2006, § 31.04; Ord. of 3-16-1995)
Secs. 2-184—2-204. - Reserved.#
DIVISION 2. - TOWN ADMINISTRATOR#
Sec. 2-205. - Election.#
The town council may appoint a town administrator and fix his compensation. He shall be appointed solely on the basis of his executive and administrative qualifications.
(Code 1995, § 2.20.010; Code 2006, § 31.20; Ord. of 2-3-1986)
Sec. 2-206. - Term.#
The town administrator shall serve at the pleasure of the town council for an indefinite term.
(Code 1995, § 2.20.020; Code 2006, § 31.21)
Sec. 2-207. - Bond.#
The town administrator shall enter into an approved bond in such sum as prescribed by the town council, conditioned for the faithful and honest performance of the duties of that office. The cost of the bonds shall be paid by the town.
(Code 1995, § 2.20.030; Code 2006, § 31.22)
Sec. 2-208. - General duties.#
The town administrator shall be responsible to the town council for the proper administration of the policies and affairs of the town and, to that end, shall have the power and authority and be required to: (1)
Direct, supervise and coordinate administrative activities and operations;
(2)
Appoint department heads and other town employees;
(3)
Suspend or dismiss department heads and other town employees;
(4)
Prepare a proposed annual operating budget (in consultation with the clerk-treasurer, council budget and finance committee and department heads) and submit the proposed budget to the town council for review and consideration;
(5)
Have responsibility for administration of the annual operating budget after adoption;
(6)
Recommend and administer personnel policies, classification, compensation and evaluation for all town employees;
(7)
Monitor the financial condition of the town, estimate present and future financial needs;
(8)
Oversee preparation of monthly reports on financial activities;
(9)
Oversee preparation of monthly reports on administrative activities;
(10)
Combine or consolidate job positions within departments as necessary or prudent to maximize manpower utilization and efficiency;
(11)
Recommend and administer policies governing purchasing procedures and inventory control;
(12)
Authorize the purchase of services, materials, supplies and equipment which do not require the taking of bids; provided such items are appropriated in the annual operating budget, capital improvements budget or revenue-sharing budget;
(13)
Authorize shifts in departmental budget line items; provided overall departmental budget appropriations do not change;
(14)
Investigate complaints concerning administrative matters and personnel performance;
(15)
Prepare and submit to the town council at the end of each fiscal year a complete annual report on the finances and administrative activities of the town;
(16)
May, after informing the mayor, delegate to other administrative officers subject to his direction and supervision the authority to exercise specified duties and responsibilities as may be considered appropriate;
(17)
Provide the town council with information, guidance and leadership in matters of policy determination. In this area, the town administrator should take an active role in the pursuance of grants and other monies for municipal use;
(18)
Serve as a public relations representative with all agencies connected with the municipality.
(Code 1995, § 2.20.040; Code 2006, § 31.23; Ord. No. 08-2009, 6-4-2009)
Sec. 2-209. - Removal from office.#
The town administrator may be removed from office by a majority vote of the members of the town council. Those members voting for removal shall state their reasons for the vote. The action of the town council in removing the town administrator shall be final. In all cases, the town administrator shall receive all accrued leave time, vacation pay, sick leave and two-weeks' notice of his removal or severance pay for two weeks where the removal is made effective immediately by a majority vote of all the members of the town council.
(Code 1995, § 2.20.050; Code 2006, § 31.24)
Sec. 2-210. - Communication between town administrator and town council.#
The town administrator shall relate to and communicate with the mayor and chairpersons of standing council committees and with the town council as a whole any and all problems, situations and conditions which arise concerning any department or activity of the town which, in the opinion of the town administrator, is of significance. Except for the purpose of inquiry, the members of the town council shall communicate directly with the town administrator in any and all matters concerning any department or activity of the town. No member of the town council shall give orders to any subordinate of the town administrator except in the case of an emergency.
(Code 1995, § 2.20.060; Code 2006, § 31.25)
Secs. 2-211—2-228. - Reserved.#
DIVISION 3. - TOWN CLERK-TREASURER#
Sec. 2-229. - Appointment; term; compensation.#
The council, with the advice of the administrator, shall appoint a clerk-treasurer who shall serve at the pleasure of the council. The salary of the clerk-treasurer shall be as fixed by the council from time to time.
(Code 1995, § 2.24.010; Code 2006, § 31.40; Ord. of 3-16-1995)
Sec. 2-230. - Bond.#
Before entering upon the duties of his office, the clerk-treasurer shall enter into bond in such sum as may be required and with such surety company as shall be approved by the council for the faithful performance of his duties.
(Code 1995, § 2.24.020; Code 2006, § 31.41)
Sec. 2-231. - Duties.#
(a)
The clerk-treasurer shall carry out the policies of the council and town administrator as they may be established from time to time. The clerk-treasurer shall report to the town administrator in all matters affecting his department.
(b)
The clerk-treasurer shall collect and account for all real and personal property taxes due the town and shall collect business license taxes and issue appropriate licenses. All monies collected shall be turned over to the finance director for deposit in an approved financial institution.
(c)
The clerk-treasurer shall take and prepare the minutes of all town council meetings and the meetings of any town commission or committee.
(d)
The clerk-treasurer acts as the office manager for the administrative section of town government.
(e)
The clerk-treasurer assists the administrator with the interpretation and enforcement of the town's comprehensive plan and related ordinances.
(f)
The clerk-treasurer assists finance personnel with payroll preparation and accounts payable.
(Code 1995, § 2.24.030; Code 2006, § 31.42; Ord. of 3-16-1995; Ord. No. 08-2009, 6-4-2009)
Sec. 2-232. - Keeping the ordinance book.#
The clerk-treasurer shall keep an ordinance book as a permanent record and shall enter therein a copy of all ordinances enacted by the town.
(Code 1995, § 2.24.040; Code 2006, § 31.43)
Sec. 2-233. - Removal of papers or documents from clerk-treasurer's custody.#
No original paper or document of the town shall be removed from the town hall except upon the written order of the town council. Each person shall give a receipt to the clerk-treasurer showing which paper or document has been removed from the file.
(Code 1995, § 2.24.050; Code 2006, § 31.44)
Secs. 2-234—2-259. - Reserved.#
DIVISION 4. - TOWN ATTORNEY#
Sec. 2-260. - Appointment.#
The town council, with the advice of the administrator, shall appoint a lawyer of good reputable standing as the town attorney. The town attorney shall be a member of the state bar in good standing and have at least two-years' experience at the bar. The town attorney shall serve until a successor is appointed.
(Code 1995, § 2.28.010; Code 2006, § 31.55; Ord. of 3-16-1995)
Sec. 2-261. - Duties and compensation.#
It shall be the duty of the town attorney whenever called upon by the council, or the necessity arises, to give his advice and direction to the council, or any member thereof, or to any of the town's officers on any and all legal questions which may arise in the performance of their official duties. Whenever asked to do so, his opinions shall be provided in writing. The town attorney shall, upon request by the council or the town administrator, attend municipal and circuit court and prosecute such cases as may be directed by the town. The town attorney shall attend council and committee meetings when requested to do so. The compensation of the town attorney shall be as fixed by the town council from time to time.
(Code 1995, § 2.28.020; Code 2006, § 31.56; Ord. of 3-16-1995)
Secs. 2-262—2-285. - Reserved.#
DIVISION 5. - TOWN FINANCE DIRECTOR#
Sec. 2-286. - Appointment; term; compensation.#
The council, with the advice of the town administrator, shall appoint a finance director who shall serve at the pleasure of the council. The salary of the finance director shall be as fixed by the council from time to time.
(Code 1995, § 2.32.010; Code 2006, § 31.70; Ord. of 3-16-1995)
Sec. 2-287. - Bond.#
The finance director shall enter into an approved bond in such sum as prescribed by the town council, conditioned for the faithful and honest performance of that office. The cost of the bond shall be paid by the town.
(Code 1995, § 2.32.020; Code 2006, § 31.71; Ord. of 3-16-1995)
Sec. 2-288. - Duties.#
(a)
The finance director shall carry out the policies of the council and town administrator as they may be established from time to time. The finance director shall report to the town administrator in all matters affecting his department.
(b)
The finance director, with the approval of the town administrator, shall invest surplus funds of the town with banks or brokerages or the state investment pool. Investments shall be limited to fully insured or collateralized instruments such as certificates of deposits, money market accounts or repurchase agreements. Additionally, funds may be invested in U.S. Treasury bills, notes or bonds with a maturity not to exceed 18 months. Any other investment requires the prior approval of the council.
(c)
The finance director shall be responsible for all bookkeeping and accounting needs of the town, such as maintaining the general ledger and supervising the accounts payable and accounts receivable's activities. He shall ensure that an annual independent audit of all town accounts is conducted and completed within five months of the close of each fiscal year.
(d)
The finance director shall be responsible for the establishment, maintenance and reconciliation of all town bank accounts.
(e)
The finance director shall be responsible for the disbursement of all town funds except the Federal Asset Forfeiture Fund and the fireman's insurance and inspection one percent fund. Except as indicated, no town funds shall be disbursed without the finance director's knowledge.
(f)
The finance director shall be the director of personnel and establish and maintain appropriate personnel records and payroll records. He shall initiate and follow up on all administrative functions related to the hiring and dismissal of personnel. He shall prepare the weekly payroll based upon information provided by the department heads and ensure that payroll-related taxes and deductions are paid to the appropriate agencies in a timely manner. He shall prepare quarterly and year-end reports, as required.
(g)
The finance director shall maintain accurate records regarding the town's insurance needs and coverage.
(h)
The finance director shall monitor all grants, loans, and bonds, and ensure that timely payments are made and reimbursements are requested, as appropriate.
(Code 1995, § 2.32.030; Code 2006, § 31.72; Ord. of 3-16-1995)