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2.06 - Town Manager

Part of the Code of Ordinances of Virgin, UT.

Local law · Updated February 18, 2025 · 513 sections

The text

2.06.010 - Creation of Office#

The office of the Town Manager, which shall be known as "Town Manager", is created and established pursuant to Utah Code section 10-3b-403. The Town Manager shall be referred to as the Town Manager and is the chief administrative officer of the Town.

(Ord. No. 2025-02, § 1, 1/21/2025)

2.06.020 - Selection and Appointment#

A.

The Town Council may by majority vote appoint a qualified person as the Town Manager.

B.

The Town Manager shall be selected, without regard to political considerations, based on the candidate's abilities, integrity, education, and prior experience relating to the duties of the office, including, but not limited to, abilities, experience, and education in the accepted competencies and practices of local government management. The manager must, in the opinion of the Town Council, have the managerial capabilities necessary to provide professional direction to the Mayor and Town Council.

C.

No qualified Town Council member shall be appointed during the term for which the council member shall have been elected nor within one year after expiration of the council member's term.

D.

The Town Manager must reside within 60 minutes travel time to Virgin.

(Ord. No. 2025-02, § 1, 1/21/2025)

2.06.030 - Terms of Office; Compensation#

A.

The Town Manager shall serve at the pleasure of the Town Council. Any person serving as Town Manager under this article may be removed with or without cause by a majority vote of the Town Council. Notwithstanding the provisions set forth in this section, the Town Manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety (90) days next succeeding any general municipal election held in the town at which election a member of the Town Council is elected; the purpose of this provision is to allow any newly elected member of 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/her office. After the expiration of the ninety (90) day period aforementioned, the provisions of this chapter as to the removal of the Town Manager shall apply and be effective.

B.

The Town Manager shall resign his or her position with the Town upon not less than sixty (60) days' written notice to the Mayor and Town Council. The Town Manager and Town may mutually agree in writing to terminate the services of the Town Manager with less than 60 days' written notice.

C.

The Town Manager shall be subject to an annual performance review by the Town Council.

D.

The Town Manager shall receive compensation at the rate and in the form to be determined by the Town Council and established by resolution and/in contract.

(Ord. No. 2025-02, § 1, 1/21/2025)

2.06.040 - Powers and Duties#

A.

The Town Manager acts under the control and supervision of the Mayor and Town Council. The manager is responsible for the administration of all affairs of the Town placed in the town manager's charge by this Chapter.

B.

The Town Manager's powers and duties are:

1.

Comply with the ICMA Code of Ethics and all State ethics requirements;

2.

Organize and direct the management of the executive affairs of the Town in a manner consistent with state law and Town ordinances and resolutions;

3.

Develop, recommend and implement Town policies, practices, rules, regulations and procedures; carry out legislative directives and decisions; and administer contracts;

4.

Appoint, hire, evaluate, suspend, supervise, transfer and remove any Town employees. The power of the Town Manager to appoint, hire, evaluate, suspend, supervise, transfer and remove shall not apply to elected, statutory or appointed

5.

Attend all Town Council meetings unless excused by Mayor or Town Council. The Town Manager may participate in discussions with the Mayor and Town Council but

6.

Be responsible for the enforcement of the laws, ordinances, rules and regulations of the Town, and acts of the Town Council, and see that all franchises, leases, permits, contracts, licenses and privileges granted by the Town are observed;

7.

Prepare and submit the annual budget and five-year capital plan to the Town Council for its approval in accordance with State law and Town Ordinances and Resolutions, and execute the final budget approved by the Town council to achieve the goals of the Town;

8.

Submit all required reports to state and other agencies as compiled from the audited financial statement. Upon written request of the Mayor or Town Council, the Town Manager shall make written or verbal reports at any time concerning the affairs of the Town under his/her supervision;

9.

Keep the Mayor and the Town Council advised of the financial condition and future needs of the Town and make such recommendations to the Mayor or Town Council for adoption as he/she may deem necessary or expedient;

10.

Analyze the functions, duties, and activities of the various departments, boards, and services of the Town government and of all employees thereof and make recommendations to the Town Council with reference thereto, as in his or her judgment will result, if adopted, in greater efficiency of the overall operation of the Town government;

11.

Make such other reports as the Town Council may require;

12.

Assist the Town Council in developing long term goals for the Town and strategies to implement these goals;

13.

Promote partnerships among Town Council, staff, and citizens in developing public policy and building a sense of community;

14.

Prepare the Town Council agenda in consultation with Mayor;

15.

Carry out the policies and programs established by the Town Council;

16.

Prepare recommendations for the Town Council regarding the addition, deletion, or reduction in municipal services; and

17.

Perform such other duties as may be prescribed by ordinance, resolution, or requested of him/her by the Mayor and Town Council that are consistent with state laws.

C.

Nothing in this chapter shall be construed to delegate to the Town Manager the legislative and judicial powers of the mayor, the mayor's position as chief executive officer of the Town pursuant to Utah code section 10-3b-104(1)(a), chairperson of the Town Council, or any ex officio position which the mayor shall hold.

(Ord. No. 2025-02, § 1, 1/21/2025)

2.06.050 - Acting Town Manager#

If, because of natural or human-caused disaster or emergency situation, absence, disability or death, the Town Manager is unable to carry out the duties imposed by this chapter, the duties and authorities of the Town Manager shall be exercised by one of the following municipal officials, in the order indicated, until the Town Manager or a person higher on the priority list becomes capable of exercising such duties: 1.

Mayor;

2.

Mayor Pro Tem;

3.

Council Members in order of seniority on Town Council;

The exercise of interim successor duties pursuant to this subsection shall be promptly reported to the members of the Town Council as soon as practical by the person assuming those duties.

(Ord. No. 2025-02, § 1, 1/21/2025)