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HomeMy WebLinkAboutDocumentation_Charter Review_Tab 10_08/17/2007 A -4 INTERFERENCE WITH THE ADMINISTRATIVE DEPARTMENT Tequesta Section 2.11, Interference with the Administrative Department Palm Beach Section 3.10, Interference with Administration Jupiter Island Section 3.9, Interference with Administration Jupiter Section 3, Prohibitions (b), Council Interference with administration Model Charter Section 3.06, Prohibitions, (b) Interference with Administration I 1- 111 11. 111 V11A - .1V�L .1 rage Ul ..L1✓ 1✓ r_ �VlJ The adoption of ordinances and resolutions shall be as prescribed by Florida law. State law references: Procedure for adoption of ordinances and resolutions, F.S. § 166.041. Section 2.10. Electors and Elections. Issues relating to electors and elections shall be as prescribed by Florida law relating to such elections and as may be prescribed by ordinance of the Village in matters not preempted by said law. State law references: Elections, F.S. chs. 97 - -106. Section 2.11. Interference With the Administrative Department. Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any Village employee. The Council shall have the power to remove the Village Manager as provided by this Charter and may express its views and discuss all matters with the Manager. Except for the purpose of inquiries or investigations under this Charter, the Council and its members shall deal with Village employees solely through the Manager and neither the Council nor its members shall give orders to any such officials or employees, either publicly or privately. http: / /Iibrary2 .municode.com/mcc /DocView /13868/1/3/5 7/2/2007 ARTICLE III. OFFICIALS 22 Page 4 of 4 Sec. 3.09. Holding Other Office. No former elected Town official shall hold any compensated appointive Town office or employment with the Town until one (1) year after the expiration of the term for which he or she was elected. (Ord. No. 18 -99, § 1, 12- 14 -99) Sec. 3.10. Interference With Administration. Except for the purpose of inquiries and investigations, neither the Mayor nor the Town Council nor its members shall deal with Town officers or employees who are subject to the direction and supervision of the Town Manager, except through the Town Manager, and neither the Mayor nor individual Town Council members shall give orders to any such officer or employee either publicly or privately. Nothing in the foregoing is to be construed to prohibit the Mayor or individual members of the Town Council from closely scrutinizing by questions and personal observation, all aspects of Town government so as to obtain independent information to assist them in the formation of sound policies to be considered by the Town Council. http: / /Iibrary2 .municode.com/mcc /DoeView /11397/1 /3/6 7/2/2007 ),t,c J,0 , § 3.6 JUPITER ISLAND CHARTER AND REALTED LAWS (b) Rules. The Town Commission may adopt its own rules of procedure and order of business. (c) Quorum. A majority of the Town Commission shall constitute a quorum, but a lesser number may adjourn from time to time and may compel the attendance of absent members pursuant to the rules of the Town Commission. No action of the Town Commission except as otherwise provided in the preceding sentence or as otherwise required in this Charter or applicable law shall be valid or binding unless adopted by the affirmative vote of the majority of the quorum present. Section 3.7. Compensation. No elected official of the Town shall receive any compensation for services to the Town or any other monetary benefit whatsoever except reimbursement of direct out -of- pocket expense legitimately incurred on Town business and as prescribed by law. Section 3.8. Reserved. Editor's note Ord. No. 303, § 1, adopted Feb. 15, 2006, repealed § 3.8, which pertained to holding other office and derived from Ord. No. 243, adopted March 10, 1999. Section 3.9. Interference with Administration. The Town Manager shall be the administrative head of the municipal government under the laws of the Town as enacted by the Town Commission and under general supervision of the Town Commission. Except for the purpose of inquiries and investigations, neither the Town Commission nor its members shall deal with Town employees who are subject to the direction and supervision of the Town Manager, or with contractors, suppliers or vendors of the Town, except through the Town Manager, and the Town Commission members shall not give orders to any such employees, contractors, suppliers or vendors either publicly or privately. Nothing in the foregoing is to be construed to prohibit the Town Commission from closely scrutinizing by questions and personal observations, all aspects of Town government so as to obtain independent information to assist them in the formation of sound policies to be considered by the Town Commission. ARTICLE IV. ELECTION PROCEDURE Section 4.1. General Election. General elections shall be held on the third Tuesday in March in each year that any Town Commissioner's full term is set to expire. Section 4.2. Nonpartisan Elections. All elections for the Town Commission shall be conducted on a nonpartisan basis without regard to the designation of political party affiliation. Supp. No. 3 6 AK111 1 r� V. 1V11JINIL,1rt11. lJl \LJ171V1L L_)11X% 1I ARTICLE V. MUNICIPAL ORGANIZATION AND OFFI RS Section 1. Duties of mayor and vice - mayor. The mayor shall preside at meetings of the council, shall be recognized as head of the town government for all ceremonial purposes, but shall have no administrative duties. The vice -mayor shall act as mayor during the absence or disability of the mayor and likewise shall have no administrative duties. As soon as practical after the general election has been completed, the council shall elect the vice -mayor from among their number. The mayor shall sign all deeds, bonds, or other instruments of writing, relating or pertaining to real estate, to which the town is a party, except that the council may delegate this power to the town manager. (Ord. No. 4 -83, § 2, 4 -5 -83; Ord. No. 58 -96, § 21, 3- 10 -98) Section 2. General powers of the town council. All powers of the town shall be vested in the council, except as otherwise provided by law or this Charter, and the council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the town by law. (Ord. No. 58 -96, § 22, 3- 10 -98) Section 3. Prohibitions. (a) Holding other office. Except where authorized by law, no member of the Town Council shall hold any other town office or town employment during the term for which they were elected, and no former member of the Town Council shall hold any compensated appointive town office or town employment until one year after the expiration of their term or resignation. (b) Council interference with administration. Neither the council nor its members shall in any manner dictate the appointment or removal of any town officers or employees whom the manager or the manager's subordinates are empowered to appoint, but the council shall have the power to remove the town manager as provided by this Charter and may express its views and discuss all matters with the manager. Except for the purpose of inquiries or investigations under this Charter, the council and its members shall deal with town officers and employees solelythrough the manager, and neither the council nor its members shall give orders to any such officers or employees either publicly or privately. (c) Violation. Violation of this section shall be cause for removal from office. (Ord. No. 4 -83, § 2, 4 -5 -83; Ord. No. 8 -83, § 1, 1 -3 -84; Ord. No. 58 -96, § 23, 3- 10 -98) Section 4. Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of a member of the Town Council shall become vacant upon death, resignation, removal from office in any manner authorized by law or forfeiture of office. (b) Forfeiture of office. A member of the Town Council shall forfeit office if the individual: (1) Lacks at any time during their term of office any qualification for the office prescribed by this Charter or by law; http://Iibraryl.municode.com/mcc/DocVlew/1 1062/1 /3 /8 6/20/2007 one (]:) of its members as vice mayor. The mayor shall preside at meetings of the council and shall be considered a member of l the council, but shall vote only in the case of a tie, shall be recognized as head of city government for all.ceremonial 1 purposes, by the governor for purposes of military law, for service of process, execution of contracts, deeds and other documents and as the city official designated to represent the city in all agreements with other governmental entities or certifications to other governmental entities. He shall annually prepare a state of the city message, prepare an annual budget l message, set forth the agenda for all meetings of the council, name committees of the council and appoint members of the city boards with the approval of the council. He shall have no other administrative duties except as required to carry out the responsibilities herein. The vice mayor shall act as mayor 1 during the absence or disability of the mayor. In case of the death, resignation, or removal of the mayor, the vice mayor J shall vacate the office of councilmember and serve as mayor until the next regular election when the office shall be filled J for a full four (4) year term. 53.06 - Prohibitions (Optional) (a) Appointment and Removals Neither the council nor any of its members shall in any manner dictate the appointment or removal of any city administrative officers or employees whom .l 1 22 the manager or any of his subordinates are empowered to appoint, f but the council may express its views and fully and freely discuss 1 with the manager anything pertaining to appointment and removal 1 of such officers and employees. (b) Interference with Administration Except for the J purpose of inquiries and investigations, the council or its J members shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the council nor its members L� shall give orders to any such officer or employee, either publicly or privately. Nothing in the foregoing is to be construed to prohibit individual members of the council from closely scrutinizing by questions and personal observation, all aspects of city government operations so as to obtain independent information to assist the members in the formulation of sound policies to be considered by the council. It is the express intent of this charter, however, that recommendations I for improvement in city government operations by individual 1 councilmembe -rs be made to and through the city manager, so that the manager may coordinate efforts of all city departments to achieve the greatest possible savings through the most efficient and sound means available. (c) Holding Other Office No former elected city official shall hold any compensated appointive city office or 1 a. 23 �� m �� p VILLAGE MANAGER — FUNCTIONS AND POWERS Tequesta Section 3.03, Village Manager Functions and Powers. Jupiter Section 5(d), Powers and Duties of the Town Manager Palm Beach Section 4.04, Powers and Duties of the Town Manager Jupiter Island Section 5.2, Powers and Duties of Town Manager Gulf Stream Section 4.01, Town Officers Manalapan Section 4.03, Powers and Duties of the Town Manager Model Charter Section 4.04, Power and Duties of the City Manager ARTICLE III. VILLAGE ADMINISTRATION Section 3.01. Village Administration Defined. . Village administration shall include a Village Manager, a Village Clerk and such other department heads as may be provided for by this Charter, Florida law or by vote of the Village Council. Section 3.02. The Village Manager -- Appointment, Removal, Qualifications, Vacancy. The Village Council shall appoint a Village Manager who shall serve at the pleasure of the Council and who shall be the Chief Administrator under the direction and supervision of the Village Council. The Manager shall be chosen by the Council solely on the basis of his or her administrative and executive qualifications. The Village Manager shall be appointed by affirmative vote of at least four (4) members of the Council, and must be removed by a like vote of said Council. A vacancy in the position of Village Manager by death, resignation or otherwise shall be filled by either temporary or permanent appointment by the Village Council at a regular or special Council meeting within thirty (30) days of the creation of the vacancy. Section 3.03. Village Manager -- Functions and Powers. The Village Manager shall be the supervisor and manager of all public business and affairs of the Village, but shall be responsible to the Village Council for the administration of all the affairs of the Village coming under the Village Manager's jurisdiction. The Village Manager's powers and duties shall be as follows: (1) To see that all terms and conditions imposed in favor of the Village or its inhabitants in any public utility franchise are faithfully kept and performed; and upon knowledge of any violation thereof to call the same to the attention of the Village Council. (2) To supervise the management and control of all public utilities owned by the Village and be charged with the management and operations of, all public works and departments in accordance with the ordinances or resolutions of the Village Council. (3) To be responsible for the supervision of all departments of the Village and to see that the laws and ordinances of the Village are enforced. (4) To attend all meetings of the Village Council and of its committees, if requested, with the right to take part in the discussion but without having a vote, and to file at the regular meetings of the Village Council in each month a report of the Village Manager's actions during the preceding month in a form as directed by vote of the Village Council. (5) To recommend to the Council for adoption such measures as the Village Manager may deem necessary or expedient in the interests of the Village, to keep the Village Council fully advised as to the financial condition and needs of the Village, and to submit for its consideration an annual budget. (6) To appoint, and when deemed necessary for the good of the Village, suspend or remove any Village employee and /or department head provided for, by, or under this Charter, or by ordinance, except as otherwise provided by Florida law, this Charter or personnel rules adopted by ordinance or resolution. The Village Manager may authorize http: / /library2 .municode.com/mcc /DocView /13868/1/3/6 7/2/2007 any department head to exercise these powers with respect to subordinates in that department. (7) To direct and manage the activities of all Village staff in protecting the lives and property of Village residents during periods of natural or man made disaster or civil strife whenever such emergency might occur. (8) To act as purchasing agent for the Village; authorized to make all purchase of supplies and to approve all purchase orders for the payment of same. In the capacity of purchasing agent the Village Manager shall conduct all sales of personal property which the Council may authorize to be sold as having become unnecessary or unfit for Village use. All purchases and sales shall conform to such regulations as the Village Council may from time to time prescribe. (9) To make contracts on behalf of the Village for the furnishing of materials and performance of labor; provided, however, that no such contract shall obligate the Village for a sum greater than allowed by ordinance, and provided, further, that such contracts shall be presented to the Village Council at the next regular meeting after the execution or awarding thereof for action thereon by the Village Council. (10) To prepare and submit to the Village Council, within ninety (90) days after the close of each fiscal year, a complete report of the operation and business of the Village for the preceding fiscal year. Section 3.04. The Village Clerk. The Village Clerk shall be appointed by the Village Manager and function under the supervision and direction of the Village Manager. The Village Clerk shall be present at all meetings of the Council and shall keep a record of the proceedings of the Council in a minute book to be provided and kept for that purpose. The Clerk shall preserve and maintain an ordinance book for the recording and preservation of all duly adopted ordinances, and shall preserve and maintain a resolution book to be provided and keptfor that purpose, the Ordinance Book and Resolution Book to be deemed public records. Copies from said Minute Book, Ordinance Book or Resolution Book, duly certified by the Village Clerk under the corporate seal of the Village, shall be received in evidence in all Courts and places in proof thereof. The Village Clerk shall conduct functions relating to elections as prescribed by Florida law and /or Village ordinance and shall, in addition to the duties which are or may be required of the Village Clerk, by this Charter or by Florida law, have the custody of all the general records, books and documents of the Village, and shall perform such further duties as are imposed upon the Village Clerk by the Village Manager. Section 3.05. Department Heads. There shall be separate departments as established by the Village Council by ordinance upon recommendation of the Village Manager. Each separate department head shall be appointed by the Village Manager. Each department shall be subject to the general supervision and direction by the Village Manager, but shall be directly supervised and directed by the person in charge thereof, who shall have the title appropriate of the functions of his or her department. http://Iibrary2.municode.com/mcc/DocVievv/13868/l/3/6 7/2/2007 (2) Violates any express prohibition of this Charter; (3) Is convicted of a crime involving moral turpitude; or (4) Fails to attend three (3) consecutive regular meetings of the council without being excused by the council. (c) Vacancy. If a vacancy occurs in the council for any reason whatsoever, the council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the next regular election or for the remainder of the unexpired term, whichever occurs first. If a majority of said remaining members are unable to agree upon the election of a member of the Town Council to fill said vacancy after two (2) regular meetings have been held, the town council shall call a special election for that purpose. Provided. that no such special election shall be held within thirty (30) days prior to a regularly scheduled election. If the term of office to which such person was appointed does not expire at the next regular election, the office shall be filled for the remainder of the term by election in the manner provided in article II, section 5. (Ord. No. 4 -83, § 2, 4 -5 -83; Ord. No. 58 -96, § 24, 3- 10 -98) Section 5. Town manager. (a) Appointment, qualifications; compensation. The council shall appoint a town manager for an indefinite term and fix the compensation. The manager shall be appointed on the basis of executive and administrative qualifications. The individual need not be a resident of the town or state at the time of appointment but may reside outside the town while in office only with the approval of the council. (b) Removal. The council may remove the manager from office in accordance with the following procedures: (1) The council shall adopt by affirmative vote of a majority of its full membership a preliminary resolution which must state the reasons for removal and then may suspend the manager from duty for a period not to exceed forty -five (45) days. A copy of the resolution shall be delivered promptly to the manager. (2) Within five (5) days after a copy of the resolution is delivered to the town manager, a written request for a public hearing may be filed by the town manager with the council. This hearing shall be held at a council meeting not earlier than fifteen (15) days nor later than thirty (30) days after the request is filed. The town manager may file with the council a written reply not later than five (5) days before the hearing. (3) The council may adopt a final resolution of removal which may be made effective immediately by affirmative vote of a majority of its full membership at any time after five (5) days from the date when a copy of the preliminary resolution was delivered to the manager, if a public hearing has not been requested, or at any time after the public hearing if one is requested. The manager shall continue to receive full salary and benefits until the effective date of a final resolution of removal. The action of thecouncil in suspending or removing the manager shall not be subject to review by any court or agency. (c) Acting town manager. By letter filed with the town clerk, the manager shall designate, a qualified town administrative officer to exercise the powers and perform the duties of manager during a temporary absence or disability. During such absence or disability the council may revoke such designation at any time and appoint another officer of the town to serve until the manager shall return or the disability shall cease. (d) Powers and duties of the town manager. The town manager shall be the chief administrative officer of the town and shall be responsible to the council for the administration of http: / /libraryl .municode.com/mcc/DocView /11062/1/3/8 6/20/2007 all town affairs. The manager shall have the following powers and duties: (1) The town manager shall hire, appoint or transfer qualified persons to the position of department heads of the town as may be required. The manager shall appoint, suspend or remove all town employees and appointive administrative officers provided for by or under this Charter, except as otherwise provided by law, this Charter, or personnel rules adopted pursuant to this Charter. The manager may authorize any administrative officer who is subject to their direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. (2) The town manager may recommend to the council the creation of the position of assistant town manager or may designate an employee of the town to act in this capacity. (3) The town manager shall direct and supervise the administration of all departments, offices and agencies of the town. (4) The town manager shall attend all council meetings and shall have the right to take part in discussion, but shall not vote. (5) The town manager shall see that all laws, provisions of this Charter and acts of the council, subject to enforcement by the manager or by officers subject to the manager's direction and supervision, are faithfully executed. (6) The town manager shall prepare and submit the annual budget and capital program to the council. (7) The town manager shall submit to the 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. (8) The town manager shall make reports as the council may require concerning the operations of town departments, offices and agencies. (9) The town manager shall keep the council fully advised as to the financial condition and future needs of the town and make such recommendations to the council concerning the affairs of the town. (10) The town manager shall perform such other duties as are specified in this Charter or may be required by the council. (Ord. No. 8 -83, § 2, 1 -3 -84; Ord. No. 58 -96, § 25, 3- 10 -98) Section 6. Town attorney. The council shall appoint a town attorney and such assistant town attorneys as it deems necessary who shall serve at the pleasure of the council and act as legal advisors for the town and all its officers on matters relating to their official duties. The town attorney shall review the form of all contracts to which the town is a party, for legal sufficiency, before the contract shall become effective. (Ord. No. 4 -83, § 4, 4 -5 -83; Ord. No. 58 -96, § 26, 3- 10 -98; Ord. No. 71 -03, § 2, 1- 20 -04) Section 7. Financial audit. The council shall provide for an independent annual audit of all town accounts and may provide for more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the town government or any of its officers. The council may, without requiring competitive http://Iibraryl.municode.com/mce/DocV*Iew/I 1062/1/3/8 6/20/2007 Sec. 4.04. Powers and Duties of the Town Manager. The Town Manager shall: (a) Appoint and, when deemed necessary for the good of the Town, suspend or remove all Town employees and appointive administrative officers provided for by or under this Charter or by ordinance, except as otherwise provided by law, this Charter or personnel rules adopted by ordinance or resolution, and the Town Manager may authorize any administrative officer 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; (b) Direct and supervise the administration of all departments, offices and agencies of the Town except as otherwise provided by this Charter or by law; (c) Attend all Town Council meetings with the right to take part in discussions, but the Town Manager may not vote; (d) Administer all laws, provisions of this Charter and acts of the Town Council subject to enforcement by the Town Manager or by officers subject to the Town Manager's supervision; (e) Prepare and submit the annual budget and capital programs to the Town Council in a form provided by ordinance and, at the outset of the annual budgetary process, prepare and submit a written budget message to the Town Council; (f) 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; (g) Make such other reports as the Town Council may require concerning the operations of Town departments, offices and agencies subject to the direction and supervision of the Town Manager; (h) 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 the Town Manager deems desirable; (i) Sign contracts on behalf of the Town as directed by the Town Council; (j) Perform such other duties as are specified in this Charter or as may be required by the Town Council; (k) The Town Manager shall represent the Town before appointive officers of other governmental bodies other than those enumerated in Section 3.05(g). (Ord. No. 18 -99, § 1, 12- 14 -99) http:// library2 .municode.com/mce /DoeView /11397/1/3/7 7/2/2007 A �a� § 5.2 JUPITER ISLAND CHARTER AND REALTED LAWS Section 5.2. Powers and Duties of Town Manager. The Town Manager shall be responsible to the Town Commission for the proper adminis- tration of all affairs of the Town coming under his or her jurisdiction, and to that end his or her powers shall be as follows: (1) To be responsible for the supervision of all departments and employees of the Town and to see that the laws and ordinances are enforced. (2) To appoint or terminate or to delegate the appointment and termination of all Town employees. (3) To see that all terms and conditions imposed in favor of the Town or its inhabitants in any public utility franchise are faithfully kept and performed. (4) To attend all meetings of the Town Commission, unless excused by the Commission, with the right to take part in the discussion but without having a vote. (5) To recommend to the Town Commission for adoption such measures as he or she may deem necessary or expedient in the interest of the Town. To keep the Town Commission fully advised as to the financial condition and needs of the Town and to submit for its consideration an annual budget. (6) To be the purchasing agent for the Town, by whom all purchases of supplies shall be made, and to approve all vouchers for the payment of same. All purchases and sales shall conform to such regulations as the Town Commission may from time to time prescribe. The duties as prescribed in this subparagraph may be amended by ordinance. (7) To perform such other duties as the Town Commission may prescribe. Section 5.3. Control Over Administrative Services. No member of the Town Commission shall dictate the employment of any person by the Town Manager, or in any manner interfere with the Town Manager or prevent him or her from exercising his or her own judgment in the appointment or removal of employees. The Town Commission and its members shall deal with Town personnel solely through the Town Manager. ARTICLE VI. TOWN CLERK Section 6.1. Powers and Duties of the Town Clerk. The Town Clerk shall be responsible for maintenance, retention and archives programs of all official records of the Town. The Town Clerk will attest to all executory contracts made in behalf of the Town as evidence of authorization of such contracts by the Town Commission, and no executory contracts made in behalf of the Town or to which the Town is a party shall be valid unless attested by the Town Clerk. The Town Clerk shall attend Commission meetings, record and produce minutes and may conduct Town elections. 8 § 3.06 GULF STREAM CODE (2) Violates any standard conduct or code of ARTICLE IV. ADMINISTRATIVE ethics established by law for public offi- cials, such violation to be determined by Section 4.01. Town officers. remaining members of the Commission. The Commission shall appoint a Town Man - (c) Filling of Vacancies. A vacancy on the Com- ager, Town Clerk, and a Chief of Police who shall mission shall be filled by a majority vote of the serve at the pleasure of the Commission and remaining members of the Commission for the perform such duties as may be specified by law or period of time until the next election, when a the Commission. The Commission may appoint Commissioner shall be elected for the remainder such other officers, consultants and employees as of the term vacated. may be needful. (d) Extraordinary Vacancies. In the event that Section 4.02. Compensation. all members of the Commission are removed by death, disability of forfeiture of office, the Gover- The Co shall determine for each of- nor shall appoint an interim Commission that ficer, consultant or employee his kind and amount shall call a special election. of compensation and his employee benefit status. Section 3.07. Procedure. ARTICLE V. NOMINATIONS AND (a) Meetings. The Commission shall meet reg- ELECTIONS ularly at least once in every month at the Town Hall or at such time and place as the Commission Section 5.01. Electors. may prescribe. Special meetings may be held on the call of the Mayor or of a majority of the Any person who is a resident of the Town who members and, whenever practicable, upon no less has qualified as an elector of this state, and who 'han twelve (12) hours' notice to each member registers in the procedural manner prescribed by .end the public. All meetings shall be public. general law and ordinance of the Town, shall be (b) Rules and Minutes. The Commission shall an elector of the Town. determine its own rules and order of business. Section 5.02. Nonpartisan elections. The Commission shall keep minutes of its meet- ings. All nominations and elections for the office of Town Commissioner shall be conducted on a non - (c) Voting. Voting, on ordinances and resolu- partisan basis without regard for or designation bons, shall be by majority vote, or if requested by of political party affiliation of any nominee on any a Commissioner, by a roll call, and shall be nomination petition or ballot. recorded in the minutes. A majority of the Com- mission shall constitute a quorum; but a smaller Section 5.03. Nominations. number may adjourn from time to time and may compel the attendance of absent members in the Candidates for the office of Town Commis - manner and subject to the penalties prescribed by sioner shall be nominated for such office(s) by the the rules of the Commission. No action of the filing of a written notice of candidacy with the Commission except as otherwise provided in the designated Town official at such time and in such preceding sentence shall be valid or binding un- manner as may be prescribed by ordinance. less adopted by the affirmative vote of the major- ity of a quorum present. Section 5.04. Form of ballots. (d) Annual Audit. At the end of each fiscal year The Commission by ordinance shall prescribe the Commission shall select and employ compe- the form of the ballot or method of balloting tent independent auditors to review the Town's including the method of listing candidates for financial activities and condition for the year and Town Commission elections, and any other Town to express their opinion thereof. election. A Charter amendment to be voted on by CHT:4 Charter incorporating amendments to the office of the Florida Secretary of State. ARTICLE IV. ADMINISTRATIVE Sec. 4.01. Town Manager. The Town Commission shall have all administrative powers of the Town vested therein. There shall be a Town Manager who shall be the chief administrative officer of the Town. The Town Manager shall be responsible to the Town Commission for the administration of all Town affairs placed in his or her charge by the Town Commission and by, under or in pursuance of this Charter. Sec. 4.02. Appointment; Qualifications; Removal; Compensation. A. Appointment. The Town Commission shall appoint a Town Manager for an indefinite term by a majority vote of all of the Town Commissioners. B. Qualifications. The Town Manager shall be chosen solely on the basis of executive and administrative qualifications and need not be a resident or land owner of the Town. C. Removal. The Town Commission may remove the Town Manager by a majority vote of all the Town Commissioners and, upon demand by the Town Manager, a public hearing on removal shall be held prior to a vote on removal. D. Compensation. Compensation of the Town Manager shall be fixed by the majority vote of the Town Commission. Sec. 4.03. Power and Duties of the Town Manager. The powers and duties of the Town Manager shall be as prescribed by the Town Commission and shall include, but not be limited to, the following: A. Appointing, and when he or she deems it necessary for the good of the Town, suspending or removing any Town employees and appointive administrative officers provided for by or under this Charter, except as otherwise provided by law, this Charter or personnel rules adopted pursuant to this Charter. He or she may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. Any suspended or removed employee or officer shall have a right to appeal the suspension or removal, which appeal shall be made, in writing, setting forth the grounds therefor, shall be filed with the Town Clerk within thirty (3 0) http: / /www.amlegal .com/nxt/gateway. dll/ Florida/ manalapan /charterofmanalapanflorida ?fn =... 7/2/2007 days after the decision to suspend or remove (otherwise all rights to appeal shall be waived) and shall be heard by the Town Commission at its next regular meeting. B. Directing and supervising the Town Clerk and administration of all departments, offices and agencies of the Town, except as provided by this Charter, by Florida general or special law or by the Town Commission. C. Attending all Town Commission meetings. D. Having the right to take part in discussion at all Town Commission meetings, but not voting. E. Seeing that all laws, provisions of this Charter and acts of the Town Commission subject to enforcement by the Town Manager or by officers subject to the direction and supervision of the Town Manager are faithfully executed. F. Preparing and submitting the annual fiscal budget to the Town Commission in written form. G. Making such other reports as the Town Commission may require concerning the operations of the Town's departments, offices and agencies subject to direction and supervision of the Town Manager. H. Keeping the Town Commission fully advised as to the financial condition and future needs of the Town and making such recommendations to the Town Commission concerning the affairs of the Town as the Town Manager deems desirable. I. Performing such other duties and exercising such other administrative powers as are specified in this Charter or may be required by the Town Commission. J. Signing contracts, documents, instruments and papers at the direction of the Town Commission. Sec. 4.04. Town Clerk. There shall be a Town Clerk. Either the Town Coriunission shall appoint the Town Manager to be the Town Clerk or the Town Manager shall recommend appointment of another person to be the Town Clerk and said appointment shall be ratified and confirmed or rejected by a majority vote of the Town Commission. The Town Clerk shall be recommended and appointed upon the basis of clerical and secretarial skills, abilities and experience and administrative and other appropriate qualifications. The Town Clerk shall serve for an indefinite term and may be removed with or without cause by the http: //�Nww. amlegal.com/r�dgateway. dlUFlori da/manalapan/charterofmanalapanflorida?fn=... 7/2/2007 � f $�.04 - Powers and Duties of the City Managex I i The city manager shall: I � � (a) Appoint, and when he deems it necessary for the I . good of the city, suspend or remove all city eaq�loyees and appointive administrative officers provided for by or under � ' this charter, except as otherwise provided by.law, tiiis�chartar or personnel. rules adopted puraua.nt to this charter. ge may � authorize any administrative officer who is subject to his � direction and supervisicn to exercise ti�ese Po'�+ers with respect to subordinates in that officer's depar�aent, office or agency; � � (b) Direct and supervise the administration of a11 � departmeats, officea and agencies of the city, excapt as o thezwise provided by this charter or by law; l (c) Attend all covncil meetings and shall have the right to taKe part in discusaion hut may not vote; � (d) See that all laws, provisions of this charter � and acts of the council, subject to enfor.cement by him or by officers subject to his direction and supervision, are faithfully - ) executed ; 1 (e) Prepare and submit the annual budget, budget message, anri capital proqram to the council in a form provided j by ordinance; � f B � (f) Sub¢nit to. the cauncil and �ake availabl• to t}le ublic a e ; P o�plate geport on .�he fiaanc�s and administrativa �et.ivities at the city an of the end of eacfi fiscal year; I • (g) Mgke such othnr raports a� the couneil m�y require I coacerninq the opera�ions af city department', offices and aqencies, subjact to his direction and supervision; I (h) Reep the council fully advised aa tc the tinancial � condi tion and future needs of the city and make such rncoaQaendationa to the council concerning the af�airs of the city aa he deema � desira.ble ; � (i) Siqn contracts on behalf of the city pursuant to tiie provisiens ot appropriations ordinances; . 1 . (j) Perfona such other dutie� aa are specified in thi3 � charter or may be required by the council. .;.,, A-RTICLE V- QUALIFIGATIONS AND EI.ECTIONS � g5.02 - Nonpartisan Elections � All qual,ifications and elections for the office of • city council* shall be conducted on a nonpartisan baais without regard for or deeignation of political party affiliation of any ,�.� nominee on any nomination petition or ballot. � y[Add "or mayor" if alternative 2 0� $3.05 is selected) �� :.� _�..