No person shall be eligible for nomination or
appointment to the office of Treasurer of the township unless such
person shall be a resident and registered elector of the township
for a period of not less than one (1) year immediately prior to such
nomination or appointment and not otherwise be disqualified by the
terms of this Charter or by the laws of the Commonwealth of Pennsylvania.
The Treasurer of the township shall be hereinafter referred to as
the "Treasurer."
The Treasurer shall be elected at large in the
municipal election of 1977 and at four-year intervals thereafter in
accordance with the election laws of the Commonwealth of Pennsylvania.
The Treasurer shall serve for a four-year term beginning on the first
Monday in January following the year in which elected. If the first
Monday is a legal holiday, said term shall begin on the first following
day which is not a legal holiday.
[Amended 1-7-2013 by Ord. No. 2012-21[1]]
The office of Treasurer shall become vacant
upon death, resignation, removal of residence from the Township, or
determination of mental disability by a court of competent jurisdiction
of the Commonwealth of Pennsylvania. A vacancy in the office of Treasurer
might also occur upon the filing of a petition or complaint by any
Commissioner or any 5 registered electors of the Township and then
upon final determination of forfeiture of office by any court of competent
jurisdiction of the Commonwealth of Pennsylvania, upon any of the
grounds which follow.
A.
Lack,
at any time during the term of office, of any qualification for the
office prescribed by this Charter or by law.
B.
Willful
violation of any specific prohibition of this Charter.
C.
Conviction
of any crime punishable by imprisonment for a term exceeding one year
under the laws of this Commonwealth or conviction of any comparable
crime under the laws of any other State or of the United States during
the term of office.
[1]
Editor’s Note: This ordinance was subject to referendum
and was approved by a majority of the qualified voters 5-21-2013.
Whenever a vacancy exists in the office of Treasurer,
the vacancy shall be filled in accordance with the procedures which
follow:
A.
If the vacancy occurs within the first two (2) years
of the Treasurer's term of office and at least sixty (60) days before
the date of the municipal election scheduled in that period, the Board,
by majority vote of its total membership, within thirty (30) days
from the time the office becomes vacant, shall make an interim appointment
of a qualified person to fill the vacancy.
B.
If the vacancy occurs after that date which is sixty (60) days before the scheduled municipal election, referred to in § 4.04A, then the Board of Commissioners, by majority vote of its total membership, within thirty (30) days from the time the office becomes vacant, shall make an appointment of a qualified person to fill the remainder of the unexpired term.
C.
If the Board, for any reason, fails to fill a vacancy
within thirty (30) days after the vacancy occurs, any court of competent
jurisdiction of the Commonwealth of Pennsylvania, upon petition of
any Commissioner or any five (5) registered electors of the township,
shall make an interim appointment if the vacancy occurred within the
first two (2) years of the Treasurer's term of office and more than
sixty (60) days prior to the municipal election scheduled in that
period; otherwise, the court shall make an appointment to fill the
unexpired term.
D.
A person appointed to fill a vacancy shall serve until
a successor has been elected and has assumed the office.
E.
If the vacancy occurs in the period specified in § 4.04A, a qualified person shall be elected at the next scheduled municipal election to fill the vacancy. The person so elected to fill a vacancy shall assume office on the date the election results are certified by the County Board of Elections and shall serve for the remainder of the unexpired term.
[Amended 1-7-2013 by Ord. No. 2012-21[1]]
The Treasurer shall have the powers and general
oversight of the functions which follow.
A.
Receipts.
The Treasurer shall receive all Township taxes, revenues, fines, fees,
and all other money paid to, owed, or due the Township. This money
shall be deposited promptly in the name of the Township in such depositories
as the Board shall specify by ordinance. In addition, the Treasurer
shall maintain records of receipts in accordance with the uniform
classification of accounts established by the Administrative Code.[2] The Treasurer shall keep a complete record of these deposits
and accounts which shall be open to inspection and verification at
any time by the Township Finance Director and the Board. The Treasurer
shall submit such reports as are requested by the Board. The independent
auditor, retained by the Board, shall audit the Treasurer's accounts,
books, and records annually, or more frequently, if the Board directs.
B.
Disbursements.
The Treasurer shall disburse Township money only upon order in the
manner prescribed by ordinance. Payment shall be made and records
maintained in accordance with generally accepted accounting principles;
no payment shall be made unless there is an unencumbered balance in
the applicable appropriation.
C.
Tax collection.
The Treasurer shall collect such Township taxes as the Board shall
direct by ordinance. Such ordinance shall set forth the procedures
for the collection of the specified tax. The Treasurer may collect
County and school taxes levied within the Township, subject to applicable
law, and nothing in this Charter shall prohibit the Treasurer from
receiving compensation for such collection.
D.
Surcharge.
The Treasurer's power to surcharge shall be as follows:
(1)
The
Treasurer shall surcharge any elected or appointed official for the
amount of any financial loss to the Township caused in whole or in
part by the official's act or omission in violation of law or beyond
the scope of the official's authority. If the Treasurer finds an absence
of intent to violate the law or exceed the scope of authority, and
further finds that the result of the official's act could have been
achieved by legal means and authorized procedures, the surcharge imposed
shall be limited to the difference between the losses and costs actually
incurred by the Township and the costs that would have been incurred
had legal means and authorized procedures been employed. Provisions
of this section which limit the amount of surcharge do not apply to
cases involving fraud or collusion, or other criminal acts on the
part of the official.
(2)
Within
10 days after notification of a surcharge amount against any elected
or appointed official, the Treasurer shall file with the Delaware
County Office of Judicial Support the surcharge amount as a judgment
against the official in favor of the Township. The Township or any
elector of the township may enforce the collection of a judgment entered
for a surcharge for the benefit of the Township by any appropriate
action or execution.
E.
Additional
Authority.
(1)
The
Treasurer shall have access to all financial accounts and reports
of the Township upon request to the Township Manager or Township Finance
Director. If the Treasurer determines that there are significant errors
or irregularities in the course of reviewing such records, the Treasurer
shall immediately report such matters in writing to the Township Board
of Commissioners and the Township Manager.
(2)
The
Treasurer has the right to make an oral presentation to the Township
Board of Commissioners at a regular public meeting concerning any
indications of significant irregularities, deficiencies, abuse, or
illegal acts relating to the overall finances of the Township. If
the Treasurer issues a written report, the Township will promptly
and prominently post that report on its website or successor form
of general communication with the public.
(3)
The
Treasurer may prepare a written annual report to the people of Radnor
Township and may publically present it in person at a Township Board
of Commissioners meeting during the first quarter of each calendar
year. The Township will promptly and prominently post the Treasurer's
annual report on its website or successor form of general communication
with the public.
[1]
Editor’s Note: This ordinance was subject to referendum
and was approved by a majority of the qualified voters 5-21-2013.
The Treasurer shall be compensated for work
performed at an annual rate to be fixed by ordinance. Any subsequent
change in said compensation shall be fixed by ordinance adopted at
least ninety (90) days before the primary election for the nomination
of candidates to the office of Treasurer. Such change shall not take
effect until the expiration of the term of office of the incumbent
Treasurer at the time the change is enacted. The Treasurer and employees
of that office shall have offices in the Township Building and shall
not be eligible for any township pension or fringe benefit at township
expense.
