Town of Bethany Beach, DE
Sussex County
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[HISTORY: Adopted by the Town Council of the Town of Bethany Beach 11-17-1972 by Ord. No. 64; amended in its entirety 9-16-1988 by Ord. No. 207 (Ch. 25 of the 1992 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Personnel policies — See Ch. 56.

§ 40-1 Office created.

By amendment of the Town Charter as provided by Chapter 388, Volume 58, Laws of Delaware, approved May 10, 1972, the office of Town Manager is hereby created.

§ 40-2 Appointment; residence. [1]

The Town Manager shall be appointed by the Town Council for an indefinite term. At the time of the Town Manager's appointment, he or she need not be a resident of the Town or state, but while serving as Town Manager, he or she shall become domiciled in accordance with Charter § 7.1.1.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 40-3 Qualifications. [1]

The Town Manager shall be chosen by the Town Council on the basis of his or her professional, executive and administrative qualifications in respect to the duties of his or her office hereinafter set forth.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 40-4 Bond.

The Town Manager shall give bond to the Town for the faithful performance of his or her duties in the amount and form and with surety as the Town Council shall approve. The premium of the bond shall be paid by the Town.

§ 40-5 Compensation.

The annual compensation of the Town Manager shall be fixed by the Town Council and approved in conjunction with the Town Council's adoption of the annual budget. If no change is proposed and approved by the Town Council, the previously established compensation rate shall continue in effect until revised by a majority vote of the Town Council.

§ 40-6 Designation of replacement during temporary absence or disability. [1]

In the event of the temporary absence or disability of the Town Manager, the Town Council may designate some other competent person to exercise the powers and perform the duties of the Town Manager during his or her temporary absence or disability. The Town Council may revoke such designation at any time.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 40-7 Vacancies.

Any vacancy in the office of Town Manager shall be filled promptly by the Town Council and within 60 days after the effective date of such vacancy, if feasible.

§ 40-8 Term; suspension or removal.

The Town Manager shall serve at the pleasure of the Town Council, and he or she may be suspended or removed from office by the Town Council for any reason whatsoever.

§ 40-9 Delivery of official documents on resignation or removal.

The Town Manager shall give over to the Town Council, in case of his or her resignation, removal or suspension from office, all books, papers, vouchers, money and other property of whatever kind belonging to the Town which are in his or her possession.

§ 40-10 Administrative service.

Except for the purpose of inquiry, the Town Council shall deal with that portion of the administrative service for which the Town Manager is responsible solely through the Town Manager.

§ 40-11 Manager designated chief administrative officer.

[Amended 8-15-2008 by Ord. No. 441]
The Town Manager shall be the chief administrative officer of the Town and shall be responsible to the Town Council for the administration of all Town affairs placed in his or her charge by or under the Town Charter or any ordinance of the Town. The Mayor shall be the primary contact for the Council with the Town Manager.

§ 40-12 Powers and duties.

In addition to the powers and duties enumerated in the Town Charter and by ordinance and resolution, the Town Manager shall have the power and it shall be his or her duty:
A. 
To direct and supervise the administration of all departments, including the Police Department, offices and agencies of the Town, except as otherwise provided by law.
[Amended 8-15-2008 by Ord. No. 441]
B. 
To attend all meetings of the Town Council and have the right to take part in discussion, but he or she may not vote.
C. 
To see that all laws, provisions of the Town Charter, franchises and acts of the Town Council subject to enforcement by him or her or by the officers or employees subject to his or her direction and supervision are faithfully executed.
D. 
To prepare and submit the annual budget and capital program to the Town Council.
E. 
To submit to the Town Council and make available to the public a complete report on the finances and administrative activities of the Town as of the end of each fiscal year.
F. 
To make such other reports as the Town Council may require concerning the operation of the various Town departments, offices and agencies subject to his or her direction and supervision.
G. 
To keep the Town Council fully advised as to the financial condition and future needs of the Town and make such recommendations to the Town Council concerning the affairs of the Town as he or she deems desirable.
H. 
To perform such other duties as are or may be specified in the Town Charter or as may be required by the Town Council in the legal exercise of its duties and functions.
I. 
To supervise the purchase of all materials, supplies and equipment for which funds are provided in the budget and to make contracts necessary for operation or maintenance of Town services. Any expenses as aforesaid between $10,000 and $25,000 must be approved by the Mayor or the Secretary-Treasurer. No contract in excess of $25,000 and no contract for new construction shall be let except by the Town Council.
[Amended 3-13-1998 by Ord. No. 321; 8-15-2008 by Ord. No. 441]
J. 
To devote his or her full time to the discharge of his or her official duty.
K. 
Whenever necessary to fill vacancies for Town employees or other positions that are required by law or charter to be appointed by the Mayor and/or the Town Council, to submit the names of qualified individuals with his or her recommendations to the Mayor and/or the Town Council for consideration. The Town Manager may recommend the removal or suspension of any appointee when it would be in the best interest of the Town, and the Town Council shall consider his or her recommendations. All recommendations for appointment or removal shall be based solely on the merit, qualifications or disqualifications of the official concerned without regard to his or her political beliefs or affiliations.
[Amended 8-15-2008 by Ord. No. 441]
L. 
To recommend to the Town Council a standard schedule of pay for each appointive office and position in the Town's service, including minimum, intermediate and maximum rates.
M. 
To recommend to the Town Council from time to time adoption of such measures as he or she may deem necessary or expedient for the health, safety or welfare of the Town for the improvement of services.
[Amended 8-15-2008 by Ord. No. 441]
N. 
To consolidate or combine offices, positions, departments or units under his or her jurisdiction with the approval of the Town Council. The Town Manager may be the head of one or more departments.

§ 40-13 Emergency contracts and purchases authorized.

In case of accident or an emergency, the Town Manager may, with the consent of the Mayor, award contracts and make purchases for the purpose of repairing damages caused by the accident or meeting the public emergency, but he or she shall promptly file with the Town Council a certificate showing the emergency and the necessity for such action, together with an itemized account of all expenditures.

§ 40-14 Appointment; suspension and removal of Town employees.

[Amended 7-21-2000 by Ord. No. 346]
A. 
The Town Manager may appoint, suspend or discharge any of the following employees without the prior approval of the Town Council:
(1) 
Part-time employees.
(2) 
Introductory employees.
(3) 
Temporary employees.
(4) 
Summer employees.
B. 
The Town Manager may appoint or suspend any regular full-time employee (as defined in the personnel manual). The Town Manager shall obtain the Town Council's formal approval before discharging a regular full-time employee.
C. 
The Town Council shall have the sole authority to appoint, suspend or discharge the following:
(1) 
Town Manager.
(2) 
Town Solicitor.
(3) 
Town Alderman.