§ 5. Town manager generally.

The administrative and executive powers of the town, including the power of appointment of officers and employees, are vested in an official to be known as the town manager, who shall be appointed by the council at its first meeting or as soon thereafter as practicable, for such term as the council may by its appointment prescribe, but who shall be subject at all times to removal by the council on proven charges of malfeasance, misfeasance, neglect of duty or incompetence. He shall receive such compensation as shall be fixed by the council by ordinance, and shall devote his entire time to the business of the town.

The town manager shall be responsible to the council for the proper administration of all the general law or the ordinances or resolutions of the council. He shall have power and it shall be his duty:

(a)

To see that all laws and ordinances are enforced.

(b)

To see that such town officers and employees as the council shall determine are necessary for the proper administration of the town be appointed, and any of such officers may be removed by the town manager, except the clerk, treasurer and the clerical and other attendants of the council; but the town manager shall report each appointment and removal to the council at the next meeting thereof following any such appointment or removal; to see that all terms and conditions imposed in favor of the town or its inhabitants in any public utility franchise or any contract are faithfully kept and performed; upon knowledge of any violation thereof to call the attention of the same to the council, whose duty it shall be forthwith to direct such steps as are necessary to protect and enforce the same.

(b-1)

To appoint, subject to confirmation by the council, the town sergeant. The town sergeant so appointed shall be subject to removal at will by the council or the town manager, and shall qualify as provided by law, and furnish such bond as may be requested by the council.

(c)

To exercise supervision and control over all departments and divisions created herein, or that may be hereafter created by the council and have general supervision over all public improvements, works and undertakings, except as otherwise provided in this Charter, or by the council.

(d)

To attend all meetings of the town council with the right to take part in the discussion, but he shall have no vote.

(e)

To recommend to the council for adoption such measures as he may deem necessary or expedient.

(f)

To prepare the annual budget and keep the town council fully advised as to financial conditions and needs of the town.

(g)

To make all such contracts in behalf of the town as may be authorized by this Charter, or the council or under continuing contracts or loans authorized under the provisions of this Charter, or pursuant to resolution or ordinance of the council.

(h)

Unless and until otherwise provided by the council, he shall act as town purchasing agent.

(i)

To perform such other duties as may be prescribed by this Charter or be required of him by ordinance or resolution of the town council.

(j)

Except as may be otherwise provided by the council, the town manager shall have and may exercise all of the powers, and perform all of the duties, which are now, or may hereafter be, conferred upon or delegated to town managers under the laws of the Commonwealth of Virginia.