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HomeMy Public PortalAbout16 Interim Manager Clerk Treasurer RESOLUTION NO. 93- 16 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE APPOINTING INTERIM TOWN MANAGER, CLERK AND TREASURER WHEREAS, the Town Council at its first meeting, March 23, 1993, adopted Resolutions 93-2 and 93-3 appointing George Gaekle to serve temporarily as Town Clerk and Town Treasurer until an Interim Town Manager, Clerk and Treasurer is appointed; and WHEREAS, C. W. Masonheimer has been chosen to be Interim Town Manager, Clerk and Treasurer; NOW, THEREFORE, BE IT RESOLVED that: 1. Section 1. C.W. Masonheimer is hereby appointed Interim Town Manager, Clerk and Treasurer. Section 2. The Mayor is authorized and directed to execute on behalf of the' Town of Truckee that certain agreement attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED this 8th day of April, 1993, by the following vote: AYES: Aguero, Botto, Cross, Drake, Eagan NOES: ABSENT: Town Clerk Mayor Kathleen Eagan Attachment: Exhibit A RESOLUTION NO. 93- PT-r~Appt Mgr. res Page 1 EXHIBIT A TOWN MANAGEMEN'T SERVICES AGREEMENT This Agreement for municipal management services is made and entered into this 8th day of April, 1993 by and between the Town of Truckee, a munidpal corporation under the laws of the State of California (herein the "Town"), and C.W. Masonheimer (herein "Consultant"). WHEREAS the Town, having become established and organized since its incorporation on March 23, 1993, finds through and by its Town Council that the services of an Interim Town Manager are necessary; and WHEREAS, the Town Council further finds that the qualifications of C.W. Masonheimer meet the requirements of the Town for an Interim Town Manager; NOW, THEREFORE, the parties hereto agree as follows: The Town hereby engages 'the services of C.W. Masonheimer as Interim Town Manager, who shall have the powers and duties set forth in the Town Ordinance entitled, "AN ORDINANCE OF THE TOWN OF TRUCKEE CREATING THE POSITION OF TOWN MANAGER," adopted the 8th day of April, 1993. The Consultant shall serve as the Interim Town Manager as an independent contractor and shall exercise the powers and duties thereof in a professional and workmanlike manner, and shall adhere to the ethics and standards established by the International City/County M_anagement Association, Incorporated. The Consultant shall provide the required management assistance that shall enable the Town Coundl to peffo~ca and meet its obligations to govern the Town through the development of policy decisions, having knowledge of the alternatives available, legal requirements, and sound management principles. The Consultant's services shall include, but not necessarily be limited to, the following:. Prepare and recommend the adoption of the ordinances and resolutions necessary to effect policy decisions. b. Prepare reports on issues and projects as directed by the Town Council. On behalf of the Town, negotiate agreements with public and private agencies and individuals for the Town Council's consideration. Recruit, qualify and recommend candidates for the pe~caanent position of Town Manager, using the search and select techniques and resources generally used in such endeavors. -1- Select and employ such other employees for positions authorized and approved by the Town Council. Such other duties related to appropriate and acceptable Town management as shall become necessary. The parties declare that it is their intention to establish an independent contractor relationship, and that all of the services performed by Consultant shall be perfm'med in that capacity only. The parties agree that the Town does not have and will not exercise control or discretion over the methods by which Consultant performs his obligations under this Agreement. As an independent contractor, Consultant shall be responsible for the payment of all self-employment taxes, and other taxes which may arise as a result of his peffo,,~ing services as an independent contractor. The Town shall have no responsibility for withholding any taxes payable to the federal or state governments, as it is Consultant's sole responsibility to meet his tax obligations. Because of Consultant's independent contractor status, the Town shall have no responsibility for obtaining Workers Compensation insurance for Consultant, and Consultant shall have the sole responsibility of obtaining the appropriate insurance to afford himself such protection as would otherwise be afforded under the Workers Compensation laws. The Consultant shall be and act as Town Clerk and Town Treasurer. The Town agrees to pay the Consultant the sum of Four Thousand Seven Hundred Dollars ($4,700.00) per month, which shall constitute the Consultant's salary as well as reimbursement for all lodging and meals while Consultant is in Truckee and all travel expense between Consultant's home and Truckee. No additional payment shall be due to the Consultant for services as Town Clerk and Town Treasurer. The Town, however, shall reimburse all other nm'mai business expenses incurred by him in the performance of his duties, including lodging, meals and travel expense incurred by Consultant while traveling to locations other than his home and Truckee. This Agreement shall be for a period of not to exceed five (5) months unless extended by mutual written agreement of the parties, but in any event shall terminate not more than thirty (30) days after the employment of a permanent Town Manager. This Agreement may be amended by mutual written agreement. This Agreement may be teaninated and canceled by either party, without cause, by giving not less than thirty (30) days notice to the other. The Town shall indemnify and hold haxmless the Consultant from all claints, damages, losses and expenses, including attorneys' fees, resulting from the perfos'mance of his duties, unless the Consultant acted or failed to act, because of fraud, corruption or malice in such performance. 10. 11. 12. 13. 14. This Agreement sets forth the full contract and understanding between the parties hereto, and there are no covenants, agreements or conditions, either oral or in writing, between the parties, except as set forth herein. No subsequent alteration, amendment, change or addition shall be binding upon the parties except as they are reduced to writing and mutually executed. In the event of any litigation to enforce the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorneys' fees as fixed by the court. The construction of this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. Any litigation to enforce or interpret the provisions of this Agreement or the parties' rights and liabilities arising out of this Agreement or the perfot~nance hereunder shall be maintained only in the courts in the County of Nevada, California. Each party to this Agreement agrees to perfo~ci any. further acts and execute and deliver any further doc~,ments that may be reasonably necessary to carry out the provisions of this Agreement. CONSULTANT C. W. Ma~onheimer TOWN OF TRUCKEE Kathleen Eagan, Mayor Approved astoform: John M. Phelps, Special Counsel RESOLUTION NO. 93-15 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE ESTABLISHING RULES FOR THE CONDUCT OF MEETINGS OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE WHEREAS, Subsection 36813 of the Government Code, State of California, authorizes a Town Council to establish rules for the conduct of its meetings; NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Truckee hereby adopts the following rules: 1. Meetings 1.1 Regular Meetings. Regular meetings of the Town Council shall be held on the first and third Thursday of each month at 7:00 PM. Whenever one of these days is a holiday, the Council may either cancel the meeting or pick another day for it. All regular meetings will be held in the place designated by ordinance. All meetings of the Council shall be open to the public except that the Council may meet in closed session for purposes set forth by state law. Any meeting may be adjourned to a time, place and date certain but not beyond the next regular meeting. 1.2 Special Meetings. A special meeting may be ordered at any time by the Mayor whenever the public business may require it or upon the written request of any three members of the Council. Whenever a special meeting shall be called, written notice of such meeting shall be delivered personally or by mail by the Town Clerk to each member of the Council and to each local newspaper of general circulation and radio station requesting notice in writing. Such notice must be delivered at least twenty-four hours before the time of such meeting as specified in the notice. The order shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by the Council. The written notice may be dispensed with as to any member of the Council who, at or prior to the time the meeting convenes, files with the Town Clerk a written waiver of notice. o Agenda. In order to facilitate the orderly conduct of the business of the Council, the Town Manager shall be notified no later than 5:00 PM of the Friday immediately preceding a regular Council meeting of all reports, RESOLUTION NO. 93-15 PTT'tTown Res.rul Page 1 communications, ordinances, resolutions, contract documents or other matters to be submitted to the Council at such meeting. Immediately thereafter the Town Manager shall arrange an agenda of such matters according to the order of business and furnish each member of the Council and the Town Attorney with a copy of the agenda prior to the Council meeting and as far in advance of the meeting as time for preparation will permit. Persons others than public agencies and media organizations who wish to receive copies of the agenda by mail may receive them by payment of $25.00 per year. The agenda shall be posted at the same places ordinances are posted. The Town Manager shall mark "Consent Calendar" those items on the agenda regarding which it can reasonably be expected that there will be no discussion by members of the Council, the Town staff, or interested persons in the audience. The Council shall consider all of the items on the agenda marked "consent" at one time by vote after a motion has been duly made and seconded. If any member of the Town Council, Town staff, or any interested person in the audience requests that a consent item be removed from the list of consent items, such item shall be taken up for consideration and disposition after action on the Consent Calendar. The Presidin_a Officer. The Mayor shall preside at all Council meetings and perform such other duties consistent with the office as may be imposed by the Council. The Mayor shall preserve strict order and decorum at all regular and special meetings of the Council. The Mayor may announce special rules for the consideration of a particular item on the agenda, such as, but not limited to, the length of time persons may speak; require that, if desirable, a spokesperson address the Council on behalf of a group of persons and, in the event of a hearing, provide time for arguments and rebuttals from proponents and opponents. The Mayor shall state every question coming before the Council, call for the vote, announce the decision of the Council on all subjects and decide all questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. The Mayor shall sign ail ordinances adopted by the Council during the Mayor's presence. In the event of the absence of the Mayor, the Mayor Pro Tern shall sign ordinances as then adopted. Call to Order. The Mayor, or in the Mayor's absence, the Mayor Pro Tern, shall take the chair at the hour appointed for the meeting, and shall immediately call the Council to order. In the absence of the Mayor or Mayor Pro Tern, the Town Clerk shall call the Council to order whereupon a temporary chairperson shall be elected by the members of the Council present. Upon the arrival of the Mayor or Mayor Pro Tem, the temporary RESOLUTION NO. 93-15 PT'r~TownRes.rul Page 2 o chairperson shall immediately relinquish the chair upon the conclusion of the business immediately before the Council. Attendance. Before proceeding with the business of the Council, the Town Clerk shall enter into the minutes the names of the members present or absent. Quorum. A majority of the members of the Council shall constitute a quorum for the transaction of business, but a lesser number than a quorum may adjourn from time to time. The Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. If all members are absent from any regular or adjourned regular meeting, the Town Clerk may declare the meeting adjourned to a stated time and place. The Town Clerk shall cause written notice of the adjournment to be given in the same manner as provided for special meetings unless the notice is waived as provided for special meetings. Whenever a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting shall be held, it shall be held at the hour specified for regular meetings. A meeting shall stop at 10:00 PM unless the Council votes to extend it in 30-minute increments. Order of Business. Promptly at the hour set on the day of each regular meeting, the members of the Town Council, Town Clerk and Town Manager shall take their regular stations in the Council Chambers and the business of the Council shall be taken up for consideration and disposition in the following order except that with the consent of the Council, matters may be taken up out of order: Call to order Pledge of allegiance to the flag Presentations (if any) Written communications Oral communications Scheduled items (if any) Consent calendar Other policy or administrative items Committee reports Matters of interest to Council members Closed session regarding personnel, litigation or other matters authorized by state law Adjournment RESOLUTION NO. 93-15 PTT'~Town Res.rul Page 3 10. 11. Readina of Minutes. Unless the reading of the minutes of a Council meeting is requested by a member of the Council, such minutes may be approved without reading if the Clerk has previously furnished each member with a copy. Addressing the Council. Any person desiring to address the Council at a meeting shall first secure the permission of the Presiding Officer so to do; provided, however, that under the following headings of business, any qualified and interested person shall have the right to address the Council upon obtaining recognition by the Presiding Officer: 9.1 Written Communications. Interested persons or their authorized representative may address the Council by written communication on any matters concerning the Town's business. Such written communication shall be delivered to the Town Clerk no later than 5:00 PM of the Friday immediately preceding the regular Council meeting, the agenda for which such written communication is intended. 9.2 Oral Communications. Interested persons in the audience or their authorized representatives may address the Council on any matters over which the Council has control; provided, however, that preference shall be given to those persons who have notified the Town Clerk in advance of their desire to speak in order that they may be shown on the agenda. Manner of Addressing Council. Each person shall stand at the podium, if one is available, and give his or her name and address for the record. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. No question shall be asked a Council member or a member of Town Staff except through the Presiding Officer. Voting 11.1 Members of the Council shall vote by "voice vote" on all ordinances, resolutions and other matters unless a roll call vote is requested by a Council member. Silence shall be recorded as an affirmative vote. The Presiding Officer shall announce the results of the vote. The Clerk shall show on ordinances, resolutions and in the minutes, the names of Council members voting "aye" or "no." The Presiding Officer may make or second motions. RESOLUTION NO, 93-15 PTT~TownRes.rul Page 4 11.2 The vote on any matter being considered by the Council may be delayed by the Presiding Officer until all members of the Council present for a meeting and not excused are at the Council table. 11.3 A member of the Council who has a conflict of interest regarding any matter being considered by the Council shall declare the conflict and excuse himself or herself from participating in the Council's deliberations and decision regarding that matter. 12. Order and Decorum 13. 12.1 By Council Members. While the Council is in session, the members must preserve order and decorum, and a member shall neither by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to obey the order of the Council or its Presiding Officer, except as otherwise herein provided. 12.2 By Other Persons. Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the Council or who shall by conversation or otherwise delay or interrupt the proceedings or the peace of the Council or disturb any member while speaking or refuse to obey the orders of the Council or its Presiding Officer shall be forthwith barred by the Presiding Officer from further audience before the Council, unless permission to continue be granted by a majority vote of the Council. In the interest of an orderly meeting, applause shall not be permitted. 12.3 Enforcement of Order and Decorum. A law enforcement officer may be designated as Sergeant-at-Arms of the Council meetings when requested by the Presiding Officer. The officer shall carry out all orders and instructions given at the Council meeting. Upon instruction of the Presiding Officer, it shall be the duty of the Sergeant-at-Arms, as to any person who violates the order and decorum of the meeting, to remove and bar such person from the Council meeting. 12.4 Smokina. Smoking shall not be permitted in the Council Chambers. Special Committees. All special committees shall be appointed by the Presiding Officer with the approval of the Council. Protests. Any Council member shall have the right to have the reasons for his or her dissent from or protest ag~!nst, any action of the Council entered on the minutes. RESOLUTION NO. 93-15 PT'~TownRes.rul Page 5 15. Ad!ournment. The Presiding Officer may adjourn the meeting. A motion may also be made to adjourn the meeting and if so made shall always be in order and decided without debate. 16. Any matter not covered by these rules shall be handled pursuant to Robert's Rules of Order:. PASSED, APPROVED AND ADOPTED this 1st day of April, 1993, by the following vote: AYES: NOES: Aguera, Botto, Cross, Drake, Eagan ABSENT: Town Clerk Mayor Kathleen Eagan RESOLUTION NO. 93-15 [aff"r~TownRes.rul Page 6