[Adopted 4-11-1994 by Ord. No. 466
(Ch. 1, Part 9 of the 1996 Code)]
A.
The purpose of this article is to enable the Borough
to function under generally accepted principles of the council-manager form
of government. Borough Council shall be responsible for legislative policy
making and appointing a professional Borough Manager who shall be responsible
for supervising and conducting the administrative affairs of the Borough,
as well as carrying out all policies and programs established by Council.
B.
It is the intent of this article to delegate to the Borough
Manager all of the nonlegislative powers and duties of Borough Council as
authorized by §§ 1141 through 1143 of the Borough Code, Act
of February 1, 1966, P.L. (1965) 1156, No. 581, as amended.[1]
[1]
Editor's Note: See 53 P.S. §§ 46141 through 46143.
The position of Borough Manager is hereby created by the Borough of
Denver.
The Borough Manager shall be appointed for an indefinite term by a majority
of the members of Borough Council. The Manager shall serve at the pleasure
of Council and may be removed, with or without cause, at any time by a majority
vote of the members of Council.
A.
The Borough Manager shall be chosen solely on the basis
of executive and administrative abilities, with special reference to training
and/or experience in municipal management. During his or her tenure, the Borough
Manager shall not hold any elective governmental office.
B.
The Manager need not be a resident of the Borough or
state at the time of appointment. After his or her appointment, the Manager
shall reside within the Borough or within five miles of the Borough.
Before entering upon his or her duties, the Manger shall give a bond
to the Borough, with a bonding company as surety, to be approved by Council,
such amount as may be set by Council from time to time conditioned on the
faithful performance of his or her duties, the premium for said bond to be
paid by the Borough.
The Manager's salary, expenses, vacation and holidays shall be
determined by Borough Council at the annual meeting, or, if such Manager shall
be appointed after the annual meeting of the calendar year of initial appointment,
at a public meeting.
A.
The Manager shall be the chief administrative officer
of the Borough and shall be responsible to Council as a whole for the proper
and efficient administration of the affairs of the Borough. The powers and
duties of administration of all Borough business shall be vested in the Manager,
unless expressly imposed or conferred by statute upon other Borough officers.
B.
Subject to recall by ordinance of Council, the Borough
Manager shall have the following duties and the commensurate powers to carry
out those duties:
(1)
Supervise and be responsible for the activities of all
municipal departments, except the Police Department and except as otherwise
provided by ordinance or law. The Chief of Police shall be under the supervision
of the Mayor, and the Manager shall assist the Mayor as requested in insuring
that the Chief implements the policies and directions of Borough Council.
(2)
Appoint, suspend or remove with the advice and consent
of Council all department heads except the Police Chief on the basis of merit
system principles. The Manager shall assist Council with the appointment of
a Police Chief. Any employee so removed shall have the right of appeal to
Borough Council.
(3)
Appoint, suspend or remove with the advice and consent
of Council all other Borough employees on the basis of merit system principles
(except where tenure provisions apply). This subsection shall not apply to
the Solicitor or Engineer. The Manager may authorize any department head to
exercise such policies or power with respect to his or her subordinates, providing
any such authorized exercise shall ultimately be subject to the Manager's
supervision, review and modification.
(4)
Prepare and submit to Council, before the close of each
fiscal year, a budget for the next fiscal year and an explanatory budget message.
In preparing the budget, the Manger, or an officer designated by the Manager,
shall obtain from the head of each department, agency or board, or any qualified
officer thereof, estimates of revenues and expenditures and such other supporting
data as he or she requires. The Manager shall review such estimates and may
revise them before submitting the budget to Borough Council.
(5)
Exercise control over the administration of the budget
after its adoption by Borough Council.
(6)
Develop long-range fiscal plans for the Borough in conjunction
with the preparation of the yearly budget, such plan to be presented annually
to Borough Council for its review and adoption.
(7)
Hold such other municipal offices and head such municipal
departments as Borough Council may from time to time direct.
(8)
Attend all meetings of Borough Council and its committees,
with the right to participate in the discussion, but not to vote. The Borough
Manager shall be notified of all special meetings of Council and its committees.
(9)
Prepare the agenda for each meeting of Borough Council
and supply facts pertinent thereto.
(10)
Inform Borough Council as to the conduct of Borough affairs,
submit periodic reports on the condition of the Borough finances and such
other reports as Council requests, and make such other recommendations to
Council as he or she deems advisable.
(11)
Prepare and submit to Borough Council, as soon as possible
after the close of the fiscal year, a complete report on the finances and
the administrative activities of the Borough for the preceding year.
(12)
Ensure that the provisions of all franchises, leases,
permits and privileges granted by the Borough are observed.
(13)
Employ, by and with the approval of Borough Council,
experts and consultants to perform services on behalf of the Borough.
(14)
Attend the letting of contracts in due form of law, and
supervise the performance and faithful execution of the same, except insofar
as such duties are expressly imposed by statute upon some other Borough officer.
(15)
Ensure that all monies owed the Borough are promptly
paid and that proper proceedings are taken for the security and collection
of all the Borough's claims.
(16)
Be the purchasing officer of the Borough and purchase,
in accordance with the provisions of the Borough Code, all supplies and equipment
for the agencies, boards, departments and other offices of the Borough, keeping
an account of all purchases and, from time to time or when directed by the
Board, make a full written report thereof. The Manager shall also issue rules
and regulations, subject to the approval of the Board, governing the procurement
of all municipal supplies and equipment.
(17)
All complaints regarding Borough services shall be referred
to the Office of the Manager. The Manager, or a person designated by him or
her, shall investigate and dispose of such complaints, and the Manager shall
report thereon to Borough Council. If a complaint shall involve the Police
Department, the Manager shall also refer the complaint to the Chief of Police
who shall perform a separate investigation and also submit a written report
to Council.
(18)
Participate in intergovernmental programs, monitor legislative
activity and keep abreast of current advances in management and technology.
(19)
Perform such other duties as may be required by Borough
Council.
A.
In the relationship between Borough Council and the Manager,
Council shall act as a body in all its dealing with the Manager. Individual
members of Council shall refrain from interfering with the Manager or any
authorized personnel of the Borough in the performance of their duties, and
all members of Council and its appointed bodies, except for purposes of inquiry,
shall deal with administrative matters solely through the Manager.
B.
However, nothing herein shall prevent Borough Council
from establishing a committee of its own members to review the operations
and legislative needs of the Borough departments or from assigning its members
to liaison relationships with boards, commissions and authorities.
If the Manager becomes ill or needs to be absent from the Borough, he
or she shall recommend to Borough Council one qualified person to perform
the duties of the Manager during his or her absence or disability. Council
shall designate a person to perform the Manager's duties.
