[HISTORY: Adopted by the Borough Council of the Borough of Penndel 8-17-2020 by Ord. No. 2020-3.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 41, Officers and Employees, which consisted of Art. I, Offices of Secretary and Treasurer, adopted 11-6-1995 by Ord. No. 95-1.
The purpose of this article is to enable the Borough of Penndel to function with a Borough Manager whereby the Borough Council is responsible for legislative policymaking and appointing a Borough Manager who is responsible for supervising and conducting the administrative affairs of the Borough.
The office of Borough Manager is hereby created by the Borough Council of the Borough, subject to the right of Council, by ordinance and at any time, to abolish that office.
The Borough Manager shall be selected by a majority vote of all the members of the Borough Council of the Penndel Borough and shall be subject to removal at any time by a majority vote of all members of the Borough Council.
The Borough Manager shall be chosen solely on the basis of his or her executive and administrative abilities, with special reference to his or her experience in, or to his or her knowledge of, accepted practices in respect to the duties of the office herein outlined. The Borough Manager need not be a resident of the Borough of Penndel.
Before entering upon his or her duties the Borough Manager shall give a bond to the Borough, with a bonding company as surety in an amount as shall be fixed from time to time by resolution of the Borough Council, said bond being conditioned for the faithful performance of his or her duties, premium for said bond to be paid for by the Borough of Penndel.
The Borough Manager shall be the chief administrative officer of the Borough, and he or she shall be responsible to the President of the Borough Council, or an appointed member of Borough Council for the proper and efficient administration of the affairs of the Borough and the continuation and implementation of policy and programs as set forth by Borough Council. His or her authority and duties shall relate to the general management of all Borough business not expressly imposed or conferred upon other Borough officers by statute, resolution or ordinance.
Subject to recall by ordinance, the Borough Manager shall:
A. 
Supervise and be responsible for the activities of all Borough departments except the Police Department.
B. 
With the concurrence of Council, hire, and when necessary for the good of the Borough, suspend or discharge employees under the Borough Manager's supervision and jurisdiction.
C. 
Make recommendations to Council with respect to the compensation of all employees under his or her supervision and jurisdiction.
D. 
Prepare and submit to Council before the close of the fiscal year or on such alternative date as Council may determine, a budget for the next fiscal year as an explanatory budget message and administer same.
E. 
Obtain from the person in charge of each department, board, agency or other office, estimates of revenues and expenditures and other supporting duties for the purpose of preparing the budget.
F. 
To the extent provided by law, execute and enforce the ordinances and resolutions of the Borough.
G. 
Attend all meetings of Council and, upon request, attend its committee meetings with the right to take part in any and all discussions pursuant to the rules and regulations for the conduct of meetings as established by Council. Prepare the agenda for each meeting of Council and supply facts pertinent thereto.
H. 
Submit periodic reports of the condition of Borough ordinances and such other reports as Council deems appropriate and may request.
I. 
Make recommendations to Council as the Manager deems necessary and appropriate.
J. 
Submit to Council as soon as practicable at the close of the fiscal year a complete report of the financial and administrative activities of the Borough for the preceding year.
K. 
Secure compliance with all franchises, leases, permits and privileges granted by Council.
L. 
Employ, with the approval of Council, experts and consultants to perform work and to advise in connection with any of the functions of the Borough and to see to the letting of contracts in due form of law.
M. 
Supervise performance and faithful execution of all contracts.
N. 
Secure payment to the Borough of all money owed and ensure that proper proceedings are taken for the securing and collection of all of the Borough's claims.
O. 
Be the Purchasing Officer of the Borough and purchase, in accordance with the provisions of the Borough Code, all supplies and equipment for various agents, boards and departments and other offices of the Borough.
P. 
Prepare necessary invoices and collect utility fees for water service, sewer service, and garbage service, and any other municipal fee imposed by Borough Ordinance.
Q. 
Prepare invoices for and collect those taxes not otherwise collected by the Tax Collector or other agent of the Borough.
R. 
Be responsible for managing and directing the finances of the Borough to insure proper investments of all municipal funds in excess of immediate needs as well as the administration of all loans.
S. 
Keep an account of all purchases and, when directed by Council, make a full and written report thereof.
T. 
Issue rules and regulations, subject to the approval of Council, governing the requisition and purchase of all municipal supplies and equipment.
U. 
Investigate and dispose of all complaints regarding non-police services or personnel of the Borough.
V. 
Be administrator, supervisor and be responsible for activities of any and all Borough employees who shall be assigned to his or her jurisdiction by ordinance or resolution of Council or assigned to his or her jurisdiction by the Mayor in writing as hereinafter provided.
W. 
Represent Council in matters relative to union and union members and shall issue all work rules and disciplinary notices to union employees on behalf of Council for non-police related matters.
X. 
Keep a current inventory showing all real and personal property of the Borough and its condition, and shall be responsible for the care and custody of all such property, including equipment, buildings, parks and all other Borough property, which is not by law assigned to some other office or body for care and control.
Y. 
Publish all notices, ordinances or other documents required by law to be published and to prepare or cause to be prepared all reports which the Borough or any officials thereof are required by law to prepare.
Z. 
Prepare and have custody of all municipal records required by law to be kept by the Borough and not by a specific officer.
AA. 
Make available to any officer with the legal duty to keep or maintain records all necessary clerical assistance for the preparation of such records and shall make available a place for the custody of such records.
BB. 
Cause such records or documents to be properly prepared and presented to such officer for his or her signature where the law requires or provides for a certification of any records or documents by any office of the Borough.
CC. 
Keep a complete set of maps and plats showing the location of all Borough utilities and other Borough properties, streets and other public places, and all lots or parcels of land subdivided according to law.
DD. 
Maintain an office in Borough Hall and shall spend such time in the performance of his or her duties as may be required by Council.
EE. 
Perform such other necessary and proper duties as may be required by the Borough Council.
The Mayor is hereby authorized to delegate to the Borough Manager, subject to recall by written notification at any time, any of his or her nonlegislative and nonjudicial powers and duties.
The salary and fringe benefits of the Borough Manager of the Borough of Penndel shall be established, from time to time, by resolution of the Borough Council.
In the case of illness or the absence of the Borough Manager from the Borough, the Borough Council shall delegate one qualified member of the Borough staff who shall perform the duties of the Borough Manager during his absence, illness or disability. In the absence of such a delegation by Borough Council, the Borough Secretary shall act as temporary Borough Manager.
For the purpose of this article, references to the masculine gender shall include the feminine gender.
The provisions of this article are severable. If any section, clause, sentence part or provision thereof shall be held illegal, invalid, or unconstitutional by a court of competent jurisdiction, such decision of the court shall not affect or impair any of the remaining sections, clauses, sentences, parts or provisions of this article. It is hereby declared to be the intent of Borough Council that this article would have been adopted if such illegal, invalid or unconstitutional section, clause, sentence or part of a provision had not been included herein.
All other ordinances, portions of ordinances, or any section of the Code inconsistent with this article are hereby repealed to the extent of the invalidity.
The same person may concurrently hold the office of Treasurer of the Borough of Penndel and the office of Secretary of the Borough of Penndel when so appointed by the Council of the Borough of Penndel.