The executive branch of the government of Ferguson Township
shall be administered by an appointed Manager, hereafter known as
the Township Manager who shall be the chief executive and administrative
official of the Township government.
The Board of Supervisors shall appoint a Township Manager for
an indefinite term and fix his compensation. The Manager shall be
appointed solely on the bases of his executive and administrative
qualifications, in the operation of local government. The Manager
shall become a resident of the Township within 1 year of his appointment
unless unanimous approval of the Board is received to the contrary.
The Manager shall devote full time to the office of Manager except
as may be provided by the Board through intergovernmental cooperative
agreements with other municipalities.
The Township Manager shall be the chief administrative officer
of the Township. The Manager shall be responsible to the Board for
the management of all Township affairs placed in the Manager's
charge by or under this Charter.
1. The Manager shall appoint, suspend, or remove all Township employees
except as provided by law or by this charter. The appointment, suspension
or removal of all department heads is subject to the approval of the
Board. In the event that a Civil Service Commission is established
by the Administrative Code, then the Manager's right to appoint,
suspend, or remove Township employees (other than department heads)
shall be subject to the regulations and limitations of the Civil Service
Commission. The Manager may authorize any employee who is subject
to the Manager's direction and supervision to exercise these
powers with respect to subordinates on that employee's department,
office or agency.
2. The Manager, or any officer designated by the Manager, subject to
the approval of the Board shall arrange to collect, receive, account
for and deposit in the Township treasury all taxes, fees and assessments
or other charges established by the Township. The Manager shall also
be empowered to collect all county, school, institution district,
and other taxes levied within the Township by authorities empowered
to levy taxes.
3. The Manager shall direct and supervise the management of all departments,
offices and agencies except as otherwise provided by law or by this
Charter.
4. The Manager shall participate in all meetings of the Board, but may
not vote.
5. The Manager shall prepare and submit the annual budget and capital
program to the Board.
6. The Manager shall prepare in a form suitable for publication within
90 days after the close of the fiscal year, a report on the finances
and the administrative activities of the Township.
7. The Manager shall make other reports required by the Board concerning
the operation of the Township offices, departments and agencies which
are subject to the Manager's supervision.
8. The Manager shall have authority to preserve order in the Township.
9. The Manager shall have the authority to enforce the ordinances and
regulations of the Township.
10. The Manager shall have the authority to represent the Township in
deliberations with other governmental bodies.
11. The Manager shall have the authority, subject to the approval of
the Board, to negotiate intergovernmental agreements in accordance
with the laws of the Commonwealth.
12. The Manager shall have the authority, as established by the Board,
to exercise emergency powers due to natural disasters or violent actions.
13. The Manager shall perform any additional duties specified by the
Board or by the Charter.
14. The Manager shall assure that the laws of the State relating to the
affairs and government of the Township are duly executed and enforced
within the municipality.
15. The Manager shall have all necessary incidental powers to perform
and exercise any of the duties and functions as set forth in this
Chapter or lawfully delegated to the Manager.
(As amended by Ord. 367, 7/26/1988, 51(F & G); and by Res.
2004-25, 7/6/2004)
The Board may remove the Manager from office in accordance with
the following procedures:
1. The Board, by a majority vote of all members, shall adopt a preliminary
resolution stating cause for removal and providing for a period of
suspension not exceeding 45 days. A copy of the resolution shall be
promptly delivered to the Manager. During the period of suspension,
the Manager shall receive his/ her regular salary.
2. Within 5 days after receipt of the resolution, the Manager may file
a written request to the Board for a public hearing. If a written
request for public hearing is timely made, the Board shall schedule
and hold a public hearing not earlier than 15 days nor more than 30
days from the date upon which the request is received.
3. If a written request for public hearing is not timely made, the Board,
by affirmative vote of a majority of all members, may adopt a final
resolution of removal of the Manager, to be effective immediately.
4. If a request for public hearing is timely made and the hearing is
held, the Board, by affirmative vote of a majority of all members,
upon cause found at the public hearing, may adopt a final resolution
of removal of the Manager, to be effective immediately.
5. In the event of removal of the Manager, the Manager shall be compensated
at his regular rate of pay for 90 days from the effective date of
the final resolution of removal; provided, however, in the event that
the Manager has been convicted of a crime, an element of which is
mens rea, then the Manager shall not be entitled to compensation from
the date of conviction onward.
(As amended by Ord. 367, 7/26/1988, 41H; and by Res. 2004-25,
7/6/2004)
The Board shall not direct or request the Manager to appoint
or remove from employment any employee of the Township. Except for
the purpose of inquiry, the Board shall deal with the Township departments
and employees solely through the Manager, and shall not give orders
to any subordinates of the Manager, either publicly or privately.
The Manager shall devote full time to the office, and hold no
other elective or appointive office or municipal employment in which
he receives salary, compensation or emolument, except as specifically
approved by the Board.