(A) 
Appointment and Qualifications.
The Town Council, by a vote of the majority of the members of the Town Council then qualified and serving, shall appoint a Town Manager who shall be the chief administrative officer of the Town and shall be responsible to the Town Council for the administration of all the affairs of the Town. The Town Manager shall be chosen by the Town Council solely on the basis of the Town Manager’s executive and administrative training, experience and ability. The Town Manager need not be a resident of the Town when appointed, but shall within a reasonable time after such appointment, as determined by the Town Council, reside within the Town during the balance of the tenure of his or her appointment.
(B) 
Term and Compensation.
The Town Manager may be removed at the discretion of the Town Council by an affirmative vote of a majority of the members of the Town Council then qualified and serving. The action of the Town Council in suspending or removing the Town Manager shall be final, it being the intention of this Charter to vest all authority and fix all responsibility for such suspension or removal in the Town Council. The Town Manager shall receive compensation as may be determined by the Town Council.
(C) 
Powers and Duties.
The Town Manager shall have the following powers and duties:
(1) 
The Town Manager shall appoint, and when the Town Manager deems it necessary for the good of the Town, may suspend and/or remove any Town employee except as otherwise provided by law, this Charter or personnel rules adopted pursuant to this Charter. The Town Manager may authorize any employee who is subject to the Town Manager’s direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office or agency.
(2) 
The Town Manager shall direct and supervise the administration of all departments, offices and agencies of the Town, except as otherwise provided by law or this Charter.
(3) 
The Town Manager shall see that all laws, provisions of this Charter and acts of the Town Council, subject to enforcement by the Town Manager or by employees subject to the Town Manager’s direction and supervision, are faithfully executed.
(4) 
The Town Manager shall attend all Town Council meetings, except when excused by the Mayor or Mayor Pro-Tem, and shall have the right to take part in discussion, but may not vote.
(5) 
The Town Manager shall prepare and accept, or designate an appropriate department head or Town employee to prepare and accept, items for inclusion in the official agenda of all Town Council meetings and meetings of all boards and commissions.
(6) 
The Town Manager shall prepare and submit the annual budget and capital program to the Town Council and administer the annual budget and capital program as adopted by the Town Council.
(7) 
The Town Manager shall keep the Town Council fully advised as to the financial conditions and future needs of the Town and make such recommendations to the Town Council concerning the affairs of the Town as the Town Manager or the Town Council deems desirable or necessary.
(8) 
The Town Manager shall make such other reports as the Town Manager or the Town Council may require concerning the operations of the Town departments, offices, or agencies subject to the Town Manager’s direction or supervision.
(9) 
The Town Manager shall perform such other duties as are specified in this Charter or may be required by the Town Council, and are consistent with this Charter or State or Federal law.
(D) 
Acting Town Manager.
By letter filed with the Town Secretary, the Town Manager shall designate, subject to approval of the Town Council, a qualified employee to exercise the powers and perform the duties of Town Manager during the Town Manager’s temporary absence or temporary disability. The Town Council may revoke such designation at any time and appoint another qualified person to serve until the Town Manager shall return or his/her disability shall cease. In all other cases of absence, disability or suspension of the Town Manager, the Town Council may designate a qualified person to perform the duties of the office.
(A) 
Appointment and Qualifications.
The Town Council, upon recommendation by the Town Manager and by a vote of a majority of the members of the Town Council then qualified and serving, shall appoint a competent and duly qualified person as Town Secretary.
(B) 
Term and Compensation.
The Town Secretary may be removed upon recommendation of the Town Manager and at the discretion of the Town Council by an affirmative vote of a majority of the members of the Town Council then qualified and serving. The action of the Town Council in suspending or removing the Town Secretary shall be final, it being the intention of this Charter to vest all authority and fix all responsibility for such suspension or removal in the Town Council. The Town Secretary shall receive compensation as may be determined by the Town Council.
(C) 
Powers and Duties.
The Town Secretary shall have the following powers and duties:
(1) 
The Town Secretary shall give notice of all official public meetings of the Town Council in a manner consistent with this Charter and State laws.
(2) 
The Town Secretary shall attend all public meetings and hearings of the Town Council, except when excused by the Town Manager.
(3) 
The Town Secretary shall keep the minutes of the proceedings of all public official meetings and hearings of the Town Council in a manner prescribed by the Town Council consistent with applicable law.
(4) 
The Town Secretary shall act as custodian of all official records of the Town.
(5) 
The Town Secretary shall hold and maintain the seal of the Town and affix it to all appropriate documents.
(6) 
The Town Secretary shall serve as the election official for all Town elections.
(7) 
The Town Secretary shall authenticate by signature and seal and record all ordinances, resolutions and proclamations of the Town.
(8) 
The Town Secretary shall perform such other duties elsewhere provided for in this Charter or as may be required by the Town Manager consistent with this Charter and the laws of the State of Texas.
(A) 
Appointment and Qualifications.
The Town Council, upon recommendation by the Town Manager and by a vote of a majority of the members of the Town Council then qualified and serving, shall appoint a competent, duly qualified, licensed and practicing attorney in the State of Texas who shall serve as the Town Attorney. The Town Council shall additionally have the right to retain special counsel at any time that it may deem necessary and appropriate.
(B) 
Term and Compensation.
The Town Attorney may be removed upon recommendation of the Town Manager and at the discretion of the Town Council by an affirmative vote of a majority of the members of the Town Council then qualified and serving. The action of the Town Council in suspending or removing the Town Attorney shall be final, it being the intention of this Charter to vest all authority and fix all responsibility for such suspension or removal in the Town Council. The Town Attorney shall receive compensation as may be determined by the Town Council.
(C) 
Powers and Duties.
The Town Attorney shall have the following powers and duties:
(1) 
The Town Attorney shall serve as chief legal advisor to the Town Council, the Town Manager, directors of Town departments and other Town officers and agencies.
(2) 
The Town Attorney shall represent the Town in all legal proceedings and shall perform any other duties prescribed by this Charter, ordinance or State laws. Notwithstanding the foregoing, the Town Attorney, with approval of the Town Council, may select additional attorneys to act for him or her and the Town in its representation and/or litigation.
(3) 
The Town Attorney shall review and provide opinions as requested by the Town Council or Town Manager on contracts, legal instruments, ordinances of the Town and other Town business.
(A) 
Municipal Court.
The Town Council shall establish and cause to be maintained a Municipal Court. The Court shall have all the powers and duties as are now, or as may be, prescribed by the laws of the State of Texas.
(B) 
Judge(s); Appointment and Qualifications.
The Town Council, upon recommendation by the Town Manager and by a vote of a majority of the members of the Town Council then qualified and serving, shall appoint a competent, duly qualified, licensed and practicing attorney in the State of Texas who shall serve as the presiding Town Judge and may appoint such other associated judge(s) as are deemed necessary.
(C) 
Term and Compensation.
The Town Judge and any associate judge(s) shall be appointed for a term of two (2) years and may be appointed to additional consecutive terms of office in accordance with the laws of the State of Texas. Except as otherwise provided by law, the Town Judge or any associate judge may be removed upon recommendation of the Town Manager and at the discretion of the Town Council by an affirmative vote of a majority of the members of the Town Council then qualified and serving. The action of the Town Council in suspending or removing the Town Judge or any associate judge shall be final, it being the intention of this Charter to vest all authority and fix all responsibility for such suspension or removal in the Town Council except as otherwise provided by law. The Town Judge and any associate judge(s) shall receive compensation as may be determined by the Town Council.
(A) 
Creation of Departments.
The Town Council may continue or establish Town departments, offices or agencies in addition to those created by this Charter and may prescribe the functions of all departments, offices and agencies, except that no function assigned by this Charter to a particular department, office or agency may be discontinued or, unless this Charter specifically so provides, assigned to another department.
(B) 
Direction by Town Manager.
All departments, offices and agencies under the direction and supervision of the Town Manager shall be administered by an employee appointed by the Town Manager, after consultation with the Town Council, and shall be subject to the direction and supervision of the Town Manager. With the consent of Town Council, the Town Manager may serve as the head of one or more such departments, offices or agencies or may appoint one person to serve as the head of two or more of them.
The Town Manager shall be responsible for the preparation of personnel rules, which rules shall be submitted to the Town Council. The Town Council may accept and adopt such rules as proposed or may adopt them with such amendments as the Town Council deems necessary or may reject them in their entirety and direct the Town Manager to further consider the rules and present new proposals at a subsequent meeting.
Neither the Town Council nor any of its members shall dictate to the Town Manager or his/her subordinates the appointment or removal of any person to office or employment. The Town Council or its members will not interfere in any manner with the Town Manager in the performance of the duties of that office or prevent the Town Manager from exercising the Town Manager’s own judgment in the appointment of officers and employees whose employment, appointment, and supervision are reserved by this Charter for the Town Manager. Except for the purpose of inquiry and investigations, the Town Council and its members shall deal with the Town Staff solely through the Town Manager, and neither the Town Council, as a body or any individual member, nor any individual not having administrative or executive functions under this Charter, shall give orders to any of the subordinates of the Town Manager, either publicly or privately.
Except as otherwise prohibited by law, an employee of the Town shall forfeit his or her employment with the Town effective upon that employee’s election or appointment to any elective public office of the Town. Except as otherwise prohibited by law, an employee of the Town shall forfeit his or her employment with the Town effective upon that employee’s election or appointment to any elective public office of the Sunnyvale Independent School District that would conflict with the employee’s position with the Town.