AGENDA #4m

 

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Authorizing Deputy and Assistant Town Managers to Serve as Acting Manager and to Sign Documents on Behalf of the Town Manager

 

DATE:             April 26, 2004 

 

 

The attached resolution would authorize Deputy Town Manager Florentine A. Miller, and Assistant Town Manager Bruce A. Heflin, to serve as Acting Manager and to sign contracts and various other documents on behalf of the Town Manager. 

 

BACKGROUND AND DISCUSSION

 

The Town Council has previously authorized the Assistant Town Managers to serve as Acting Manager in the Manager’s absence.  The Manager designates an Acting Manager when he is on leave or out of town.

 

The Town Attorney has advised that Council action would be needed to clarify the Town Manager’s authority to delegate execution of documents to the Deputy and Assistant Town Managers and to clarify that the Manager is authorized to designate the new Deputy Manager and new Assistant Manager as Acting Manager.

 

If the Council adopts the attached resolution, the Deputy and Assistant Town Managers could be authorized by the Manager to sign documents which the Council has or may in the future authorize the Manager to sign. 

 

The Council has previously given the Town Manager general authority to sign various kinds of contracts including:

 

·        Small contracts for construction, supplies and equipment;

 

·        Changes to construction contracts awarded by the Council where the change involves an increase of up to 10% subject to a limit of $50,000;

 

• Service agreements for which funds are included in the adopted budget; 

 

• Grant agreements; and

 

• Encroachment agreements.

 

In addition, the Land Use Management Ordinance defines the Manager as including employees designated by the Manager for the purposes of carrying out various duties.  Many ordinances in the Town Code similarly authorize actions by the Manager or Manager’s designee in carrying out an ordinance.

 

The attached resolution would not change or increase the present scope of administrative authority to sign contracts or other documents, but would allow the Manager to delegate this responsibility to the Deputy and Assistant Managers.

 

The Manager would continue to be responsible for all transactions.

 

RECOMMENDATION

 

That the Council adopt the following resolution. 

 

 

A RESOLUTION  AUTHORIZING THE MANAGER TO DESIGNATE THE DEPUTY TOWN MANAGER AND ASSISTANT TOWN MANAGER AS ACTING MANAGER AND TO DELEGATE ADMINISTRATIVE RESPONSIBILITIES FOR SIGNING VARIOUS DOCUMENTS TO THE DEPUTY AND ASSISTANT TOWN MANAGERS (2004-04-26/R-9)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the designation of Deputy Town Manager Florentine A. Miller and Assistant Town Manager Bruce A. Heflin as Acting Town Manager during the Manager’s temporary absence or disability.

 

BE IT FURTHER RESOLVED that the Council authorizes the Manager to delegate to Deputy Town Manager Florentine A. Miller, and Assistant Town Manager Bruce A. Heflin, authority to sign various contracts and other documents which the Town Manager has authority to execute on behalf of the Town.

 

This the 26^th day of April, 2004.