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