[Adopted 9-16-2015 by Ord. No. 1001[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I, Township Manager, adopted 4-18-2012 by Ord. No. 948.
The prior establishment of the office of Township Manager is hereby reaffirmed by the Township of South Whitehall, subject to the right of the Township, by ordinance, at any time, to abolish such office.
The Board of Commissioners shall appoint, by a majority vote of its members, one person to fill the office of Township Manager, who shall begin his or her appointment as soon thereafter as possible. The Township Manager shall serve at the pleasure of the Board of Commissioners. The Board of Commissioners may enter into an employment agreement with the Township Manager. The employment agreement may set forth the terms and conditions of employment and provide that it shall remain in effect for a specified period terminating no later than two years after the effective date of the agreement or the date of the Board of Commissioners' organizational meeting following the next municipal election, whichever shall first occur.
The Township Manager shall be chosen on the basis of executive and administrative qualifications, with special reference to actual experience in or knowledge of accepted practices with respect to the duties of the office herein outlined. No Commissioner shall be appointed as Township Manager during the term for which he or she shall have been elected or appointed, or within one year after the expiration of his or her term. The Township Manager shall have no interest in contracts of the Township, shall not be in debt to the Township, and shall not, at the time of appointment, be related to any Township Commissioner.
The Township Manager shall, if required by the Board of Commissioners, give a bond to the Township with a surety company or other company authorized by law to act as surety, to be approved by the Board of Commissioners in such sum as it shall direct for the faithful performance of his or her duties.
The Township Manager shall receive such compensation as shall be set by the Board of Commissioners by resolution or through an employment agreement.
The Township Manager shall be the chief administrative officer of the Township and shall be responsible to the Board of Commissioners for the proper and efficient administration of the affairs of the Township.
A. 
The powers and duties of the Township Manager shall include the following:
(1) 
Direct and supervise the activities of all municipal departments and functions unless the Board of Commissioners takes action to the contrary.
(2) 
Manage all Township employees, including the hiring of, and when deemed necessary and for the good of the Township, the discharging of, employees. Other management responsibilities include employee staffing, organization, procedures, training, promotion, discipline, and providing annual performance evaluations of all direct reports and ensuring that required performance evaluations are conducted for all other Township employees who do not report directly to the Township Manager. The Township Manager shall utilize and consult with the Township's human resources professional to ensure that the management of Township employees is in accordance with all applicable laws, regulations, codes, ordinances, resolutions, and Township policies and procedures. All hiring of employees and promotions involving an increase in compensation or benefits shall be made only within the confines of the budget approved by the Board of Commissioners. The Township Manager shall notify the Board of Commissioners prior to discharging any Township employee, and except in cases of emergency, prior to suspending any Township employee.
(3) 
Prepare and submit to the Board of Commissioners, before the close of the fiscal year, or on such alternate date as Board of Commissioners shall determine, a budget for the next fiscal year with an explanatory budget message. In preparing the budget, the Township Manager, or an officer designated by him/her, shall obtain from the head of each department, agency, board or officer estimates of revenues and expenditures and other supporting data as requested. The Township Manager shall provide the Board of Commissioners with monthly updates of revenues and expenses.
(4) 
The Township Manager shall administer the budget as approved, keeping the Board of Commissioners fully advised at all times as to the ongoing financial condition and needs of the Township.
(5) 
Pursuant to the direction of the Board of Commissioners, the Township Manager shall be responsible for the overall coordination, administration, and enforcement of all Township ordinances, resolutions, and bylaws.
(6) 
Attend all meetings of the Board of Commissioners with the right to take part in discussions but without the right to vote.
(7) 
Prepare the agenda in conjunction with the Board President. Make recommendations with explanation to Board of Commissioners on all matters of substance and importance.
(8) 
Report regularly to the Board of Commissioners the conduct of Township affairs, including submission of periodic reports on the condition of the Township finances and such other reports as the Board of Commissioners shall request and making such recommendations to the Board of Commissioners as Manager deems necessary.
(9) 
Submit to the Board of Commissioners, as soon as possible after the close of the fiscal year, a complete report on the financial and administrative activities of the Township for the preceding year.
(10) 
Provide proper administration of all franchises, leases, permits, and privileges granted by or to the Township and ensure all terms and conditions imposed in favor of the Township or its residents in any public utility franchise or in any contract are faithfully kept and performed.
(11) 
Pursuant to the Board of Commissioner's direction, employ, supervise and coordinate the efficient use of all contracted services and experts, including legal, engineering, auditing, insurance, consultants, and assessments.
(12) 
Attend to the negotiation and letting of contracts in due form of law, subject to the approval of the Board of Commissioners, and supervise the performance and faithful execution of the same, except insofar as such duties are expressly imposed upon some other Township officer by statute.
(13) 
Assure that all material sums owed the Township are promptly paid, and that proper proceedings are taken for the security and collection of all the Township's claims. The Township Manager shall have the authority to write off any debt owed to the Township of less than $2,500, which is deemed by the Township Manager to be uncollectible or not cost-effective to collect. Further, the Township Manager shall have the ability to settle outstanding sums to within 95% of the amount actually owed to the Township. The Township Manager can write off outstanding interest, penalties and attorney's fees not to exceed $1,000.
(14) 
Ensure all supplies and equipment for the various agencies, boards, departments, and other offices of the Township are purchased in accordance with the provisions of the First Class Township Code and all other applicable laws; keep an account of the purchases and, from time to time or when directed by the Board of Commissioners, make a full written report thereof; issue rules and regulations, subject to approval of the Board of Commissioners, governing the requisition and purchasing of all municipal supplies and equipment.
(15) 
Manage all complaints regarding services or personnel of the Township. Investigate and dispose of such complaints and report thereon to the Board of Commissioners any complaints deemed pertinent to the operations of the Township.
(16) 
Carry out all policies and programs established by the Board of Commissioners.
(17) 
Manage and provide for the supervision of public improvements, works and undertakings of the Township.
(18) 
Manage and provide for the supervision of the Board of Authority and Police Department.
(19) 
Manage Township funds and ensure funds are properly invested to provide an appropriate return and liquidity.
(20) 
Preserve, protect, and maintain all Township property.
(21) 
Obtain and maintain current knowledge regarding existing and changing legislative requirements for general operations, and alert the Board of Commissioners as to issues that may affect the Township. Provide options and recommend to the Board of Commissioners the adoption of such measures as may be advisable for the continued development and well-being of the Township.
(22) 
Identify and coordinate the development of applications for funding opportunities in support of short-term and long-term goals of the Township.
(23) 
Pursuant to the Board of Commissioners' direction, take part in collective bargaining negotiations.
(24) 
Ensure efficient administration of the general office and other functions of the Township government.
(25) 
Function as a key contact on inquiries to the Township from various sources, including federal, state, and county officials, businesses, and resident needs and concerns.
(26) 
Manage Township staff and resources in a manner that is, when practicable, resident- and business-friendly by dealing conscientiously, fairly, and diplomatically with public requests and concerns.
(27) 
Monitor the performance of vendors.
(28) 
Manage communications and relationships with media.
(29) 
Provide for proper management of all Township records and documents to include destruction when allowed by law.
(30) 
Perform such other duties as may be required by the Board of Commissioners, not inconsistent with the First Class Township Code, the law relating thereto, and ordinances of the Township.
B. 
Any power, duty or function granted to the Manager in this section may be delegated by the Manager to others in the employ of the Township; however, any such delegation shall not reduce or diminish the responsibility of the Manager for full and proper fulfillment of same.
In case of illness or absence of the Township Manager from the Township, the Township Manager shall delegate one qualified member of his/her staff who shall perform the duties of the Township Manager during his/her absence or disability. The person so designated shall not perform such duties for a period in excess of two weeks without the approval by the Board of Commissioners.
[Added 6-3-2020 by Ord. No. 1050]
Neither the Board of Commissioners nor any of its members shall direct or request of the Township Manager, or any of Manager's subordinates, the appointment of any person to, or removal from, office or in any manner take part in the appointment or removal of officers and employees in the administrative services of the Township. Except for the purpose of inquiry, the Board of Commissioners and its members shall address the administration of the Township only through the Township Manager, whose actions shall be directed solely by vote of a majority of the Board. Neither the Board, nor any member thereof, shall give orders to any subordinate of the Township Manager, either publicly or privately.