[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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
[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.
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.
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.
