[HISTORY: Adopted by the Board of Supervisors of the Township
of Leacock as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-1-1987 by Ord. No. 75]
Pursuant to 53 P.S. § 66301, the Office of Township
Manager of the Township of Leacock is hereby created (hereinafter
referred to as "Township Manager").
The Office of Township Manager shall be filled by one person
appointed to said Office by a majority vote of the Supervisors.
The person appointed to the Office of Township Manager shall
be subject to removal by the Supervisors by majority vote and the
Manager shall receive 30 days written notice.
The person appointed to the Office of Township Manager shall,
unless removed in accordance with this article, or unless the person
resigns, serve until the Manager's successor is appointed and
qualified.
The Township Manager shall act as chief administrative officer
of the Township subject to instructions issued by the Board of Supervisors.
Subject to recall by ordinance, the powers and duties of the Township
Manager shall include, but not be limited to, the following:
A.
The Township Manager shall issue such administrative and personnel
rules and regulations not in conflict with existing statutes or ordinances
to properly carry out the duties contained in this article. The rules
and regulations issued by the Township Manager are subject to revocation,
revision or modification by the Board of Supervisors, by majority
vote of its members at any regular public meeting.
B.
In accordance with all rules and regulations as established by the
Board of Supervisors, the Township Manager shall hire, and when necessary
shall suspend, or otherwise discipline any employees under the Township
Manager's supervision, provided that the Township Manager shall
inform the Board of Supervisors prior to any hirings and disciplinary
actions.
C.
The Township Manager shall prepare and submit to the Board of Supervisors
a recommended budget for the ensuing fiscal year in sufficient time
so that the Board may review, amend, or adopt the budget prior to
the close of the current fiscal year. The budget shall be accompanied
by an explanatory message setting forth a summary of projected revenues
and proposed expenditures, together with any supporting data as may
be required to enable the Board of Supervisors to decide upon and
adopt the necessary taxation and appropriate legislation. The Township
Manager shall, upon adoption of the budget by the Board of Supervisors,
be responsible for the efficient administration thereof so that the
various appropriations are not exceeded, except as may be authorized
by the Board according to law.
D.
The Township Manager shall execute and enforce the laws of the Commonwealth
of Pennsylvania, and such ordinances and resolutions of the Township
as the Board of Supervisors may prescribe.
E.
The Township Manager shall attend all meetings of the Township Board
of Supervisors, with the right to take part in the discussion, and
shall receive notice of all regular and special meetings of the Board
of Supervisors and its committees or commissions.
F.
The Township Manager shall prepare the agenda for each meeting of
the Board of Supervisors and supply facts pertinent thereto.
G.
The Township Manager shall keep the Board of Supervisors informed
as to the conduct of the Township affairs; submit periodic reports
on the condition of the Township finances and such other reports as
the Board of Supervisors shall request; and shall make such recommendations
to the Board of Supervisors as the Township Manager deems necessary
and advisable for the welfare of the Township.
H.
The Township Manager shall see that the provisions of all franchises,
leases, permits, and privileges granted by the Township are observed.
I.
The Township Manager shall see that all money owed to the Township
is promptly paid and that proper proceedings are taken for the security
and collection of all claims of the Township.
J.
The Township Manager shall be the purchasing officer of the Township,
and the Township Manager shall supervise and coordinate, in accordance
with the provisions of the Second Class Township Code, the letting
of contracts, purchase of all supplies and equipment for the various
agencies, boards, departments, and other offices of the Township as
authorized by the Board of Supervisors in their annual operating budget.
The Township Manager shall keep an account of all purchases and shall
periodically, or when directed by the Board of Supervisors, make a
full written report thereof.
K.
The Township Manager shall perform such other duties and fill such
other offices as may be required by the Board of Supervisors not inconsistent
with the Second Class Township Code or other statutes or ordinances
of the Township.
During the Township Manager's absence or disability, the
Board of Supervisors shall designate a qualified individual to perform
the duties of the Township Manager.
The Township Manager shall post bond with corporate surety to
the Township in an amount as shall be determined by the Board of Supervisors
conditioned upon the faithful performance of the Township Manager's
duties.
The compensation of the Township Manager shall be set by resolution
of the Board of Supervisors.
[Adopted 12-15-2008 by Ord. No. 125]
The position of Open Records Officer is now created for Leacock
Township.
The Open Records Officer shall be appointed for an indefinite
term by a majority of all the members of the Board of Supervisors.
The Open Records Officer shall serve at the pleasure of the Board
of Supervisors and may be removed at any time by a majority vote of
all its members. At least 30 days before such removal becomes effective,
the Board of Supervisors shall furnish the Open Records Officer with
a written statement setting forth its intention to remove him or her
and the reasons therefor.
The Open Records Officer shall be chosen solely on the basis
of having administrative abilities sufficient to carry out the duties
of his or her office as herein outlined. While the Open Records Officer
need not be a resident of the Township at the time of appointment,
the appointee shall become as soon thereafter as possible, and shall
remain during his or her tenure a resident of the Township within
one year of his or her appointment.
The Open Records Officer's salary, expenses, vacation and
holidays shall be determined by the Board of Supervisors at the annual
meeting.
A.
The Open Records Officer shall receive requests submitted to Leacock
Township under the Pennsylvania Right-To-Know Law, direct requests
to other appropriate persons within Leacock Township, or to appropriate
persons in another Township, as defined by the Pennsylvania Right-To-Know
Law, and track the response of Leacock Township in responding to requests
and issue interim and final responses under the Pennsylvania Right-To-Know
Law.
B.
Upon receiving a request for a public record, legislative record
or financial record, the Open Records Officer shall do all of the
following:
(1)
Note the date of receipt on the written request;
(3)
Maintain an electronic or paper copy of a written request, including
all documents submitted with the request until the request has been
fulfilled. If the request is denied, the written request shall be
maintained for 30 days or, if an appeal is filed, until a final determination
is issued under Section 1101(b) of the Pennsylvania Right-To-Know
Law[2] or the appeal is deemed denied;
[2]
Editor's Note: See 65 P.S. § 67.1101(b).
(4)
Make a determination as to whether it is appropriate to request an
extension from the requester for additional time to make a decision
about whether a record is a public record. In order to determine whether
or not an extension of time is warranted the Open Records Officer
may look to whether:
(b)
The request for access requires retrieval of a record stored
in a remote location;
(c)
A timely response to the request for access cannot be accomplished
due to bona fide and specified staffing limitations;
(d)
A legal review if necessary to determine whether the record
is a record subject to access under this Act;
(e)
The requester has not complied with the agency's policies
regarding access to records;
(f)
The requester refuses to pay applicable fees authorized by this
Act;
(g)
The nature of the request precludes a response within a required
time period;
(5)
Upon a determination that one of the previously listed factors applies,
the Open Records Officer shall send written notice of the determination
within five business days of receipt of the request for access. The
notice shall include a statement notifying the requester its request
for access is being reviewed, the reasonable date that a response
is expected to be provided, an estimate of applicable fees owed when
the record becomes available.
If the Open Records Officer becomes ill or needs to be absent
from the Township, the Board of Supervisors shall designate a Township
employee to take over the Open Records Officer's duties until
the Open Records Officer is able to resume his or her duties.
