Operational departments of government shall
be created or abolished by the Borough Council. Within each department,
however, the organization and implementation of specific functions
shall be the responsibility of the department head, subject to the
review and approval of the Borough Manager or, in the case of the
Police Department, by the Mayor.
A.
The Office of Borough Manager has been created by the Home Rule Charter and has the powers and duties as provided by Article V of the Home Rule Charter. The Manager shall be subject to a performance review by Borough Council or a committee thereof not less than once every two years. The Manager shall be the Chief Administrative Officer of the Borough and shall have those powers and duties prescribed by law, the Charter and ordinance, including the power and duty to:
(1)
Administer and enforce those personnel policies and
regulations required by the Charter, by law, by ordinance and by resolution
of the Council, except in those specific instances where other provisions
for administration and enforcement have been specified by ordinance
or contract.
(2)
Develop and maintain employment records reflecting
all aspects of the service of Borough employees.
(3)
Authorize a department head or other employees responsible
to the Manager to appoint, suspend and remove subordinates serving
under that department head or official.
(4)
Designate an employee to temporarily perform the duties
of any office or position which is vacant until the office or position
is filled in accordance with the Charter and this chapter.
(5)
Prescribe such administrative rules, practices and
procedures as shall be deemed necessary or expedient for the conduct
and operation of administrative departments and revoke, suspend or
amend any rules, practices or procedures by whomever prescribed, unless
contained in an ordinance, a contract or a resolution adopted by the
Council, and make such rules, practices and procedures available to
affected employees and for public inspection.
(6)
Investigate or inquire into the operations of any
department.
(7)
Overrule or set aside any action taken by a department
head except that of the Police Chief with respect to police officers.
(8)
Assign any employee to any department requiring the
services of that employee.
B.
Borough Secretary. The Office of Borough Secretary
has been created by the Home Rule Charter. The Office of Borough Secretary
may be held by the Borough Manager, Treasurer or other qualified person.
The Secretary or designee appointed by Council shall keep minutes
of Council meetings and keep its records and shall perform other duties
as the President of Council may assign from time to time
C.
Borough Treasurer. The Office of Borough Treasurer
has been created by the Home Rule Charter. The Office of Borough Treasurer
may be held by the Secretary, or other qualified persons. The Office
of Borough Treasurer may not be held by the Borough Manager or Assistant
Manager.
[Amended 6-16-2020 by Ord. No. 2020-3]
D.
Establishment of departments. The following departments
are hereby established to operate under the direction and supervision
of the Borough Manager and then under the department head as indicated:
(1)
Department of Finance, Director of Finance/Treasurer.
(2)
Department of Public Works, Superintendent of Public
Works.
(3)
Department of Codes Enforcement, Codes Enforcement
Officer.
(4)
Department of Police, to be managed by the Chief of
Police under the direction of the Mayor. Non-police civilian employees
assigned to the Police Department will be supervised by the Chief
of Police but will be under the ultimate direction of the Borough
Manager.
E.
Appointment of department directors.
(1)
Directors of departments of the Borough which operate
under the direction and supervision of the Borough Manager shall possess
the necessary qualifications for their respective offices as established
by the Borough Manager. They shall be appointed and removed by the
Borough Manager in accordance with the provisions of Section 502 of
the Home Rule Charter.
(2)
The Borough Council shall appoint a Borough Solicitor
for an indefinite term, subject to removal with or without cause.
He/she shall be a person or firm learned in the law, in active legal
practice in the Commonwealth of Pennsylvania and licensed to practice
law in the commonwealth.
(3)
The Borough Council may also appoint a Borough Engineer(s)
for an indefinite term, subject to removal with or without cause.
They shall be appointed solely on the basis of their professional
qualifications and may be either an individual, a partnership or an
engineering corporation licensed to practice civil engineering in
the Commonwealth of Pennsylvania.
(4)
Borough departments shall cooperate with other departments
in furnishing such services, labor and materials as may be requisitioned
by the directors of such other departments, subject to such regulations
as the Borough Manager may prescribe.
(5)
Borough departments shall establish, maintain and
preserve a system of filing and indexing records and reports in sufficient
detail in order to furnish all information necessary for proper departmental
activities and in order to form a basis for periodic reports to the
Borough Manager, the Borough Council or the Mayor, as appropriate.
A.
The Treasurer shall be the head of the Finance Department.
The Department of Finance shall be responsible for all activities
relating but not limited to the following functions:
(1)
General financial administration.
(2)
Tax and revenue collection.
(3)
Accounting and expenditure control.
(4)
Payroll administration and control.
(5)
Assist with budget preparation and control.
(6)
Assist with capital programming.
(7)
Internal auditing.
(8)
Purchasing systems.
(9)
Property and inventory maintenance.
(10)
Staff assistance to independent auditors.
(11)
Staff assistance to boards and commissions or
committees as assigned.
(12)
All other responsibilities and obligations that
the Borough Manager may from time to time assign consistent with the
Home Rule Charter and this Administrative Code.
B.
The Department of Public Works shall be responsible
for all activities relating but not limited to the following functions:
(1)
Maintenance of municipal buildings, equipment and
functions.
(2)
Construction and maintenance of streets and sewers.
(3)
Erection and maintenance of parking and traffic control
signals, signs and street markings.
(4)
Maintenance of parks, playgrounds and open space areas.
(5)
Maintenance of recreational facilities.
(6)
Planting, care and removal of trees on public lands
and rights-of-way.
(7)
Direction and coordination of contractual grounds
maintenance programs.
(8)
All other responsibilities and obligations that the
Borough Manager may, from time to time, assign consistent with the
Home Rule Charter and this Administrative Code.
C.
The Department of Codes Enforcement shall be responsible
for all activities relating but not limited to the following functions:
(1)
Housing, land and building inspection.
(2)
Enforcement of Borough building, housing, fire prevention
codes and other minor ordinances as assigned.
(3)
Coordination of code enforcement with other agencies.
(5)
Technical and staff review assistance to the Planning
Commission.
(6)
Technical and staff review assistance to the Zoning
Hearing Board.
(7)
Technical and staff review assistance to the Joint
Board of Appeals.
(8)
All other responsibilities and obligations that the
Borough Manager may from time to time assign consistent with the Home
Rule Charter and this Administrative Code.
D.
The Malvern Fire Department shall be the recognized
agency to provide fire protection to the Borough of Malvern.
E.
The Department of Police shall be responsible for
all activities relating but not limited to the following functions:
(1)
General preservation of public order.
(2)
Enforcement of parking and other Borough ordinances
in addition to other departments authorized to enforce Borough ordinances.
(3)
Prevention and suppression of crime.
(4)
Apprehension of violators of the law.
(5)
Protection of life and property.
(6)
Traffic and pedestrian control and safety.
(7)
Investigation of crimes.
(8)
Maintenance of police records and files.
(9)
Operation of the holding facility.
(10)
Operation of the emergency communications systems.
(11)
Coordination of police programs and services
with other agencies.
(12)
Staff assistance to the Civil Service Commission
by civilian agencies.
(13)
All other responsibilities and obligations that
the Mayor may from time to time assign consistent with the Home Rule
Charter and this Administrative Code.
