[HISTORY: Adopted by the Board of Supervisors of the Township of East Hempfield 9-5-1974 by Ord. No. 96; amended in its entirety 4-5-2006 by Ord. No. 2006-02. Amendments noted where applicable.]
The office of Township Manager, having been created by Ordinance No. 96 of 1974, is hereby modified by the Township of East Hempfield.
The Manager shall be appointed for an indefinite term by a majority of all the members of the Board of Supervisors. The Manager 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 Manager with a written statement setting forth its intention to remove him or her and the reasons therefor.
The Manager shall be chosen solely on the basis of executive and administrative abilities, with special reference to actual experience in or knowledge of accepted practices in respect to the duties of his or her office as herein outlined. The Manager need not be a resident of the Township or of the Commonwealth of Pennsylvania at the time of appointment, but as soon as possible thereafter, and not to exceed one year from the date of hire, shall become and during his or her tenure shall remain a resident of the Township. The Township Manager shall have no personal interest, direct or indirect, in contracts with the Township.
Before entering his or her duties, the Manager shall give bond to the Township with sufficient surety, in the amount established by the Board of Supervisors, conditioned for the faithful performance of the duties of the office. The premium shall be paid by the Township.
The Manager's salary, expenses, vacation and holidays shall be determined by the Board of Supervisors at the annual meeting.
The Manager shall be the chief administrative officer of the Township and shall be responsible to the Board of Supervisors as a whole for the proper and efficient administration of the affairs of the Township. His or her powers and duties shall relate to the general management of all Township business not expressly by statute imposed or conferred upon other Township officers.
Subject to recall by ordinance of the Board of Supervisors, the powers and duties of the Township Manager shall include the following:
The Manager shall supervise and be responsible for the activities of all Township departments, including the Police Department, except those relating directly to the performance of a police officer's duty and except otherwise provided by law. The Chief of Police shall be under the supervision of the Manager, and the Manager shall ensure that the Chief implements the policies and directions of the Board of Supervisors.
Other than with respect to the Chief of Police, the Manager shall appoint, suspend, or remove with the advice and consent of the Board of Supervisors all department heads, all of which actions shall be taken on the basis of merit system principles. The Manager shall report, at the next meeting thereafter of the Board of Supervisors, any action taken by authority of this section. Any employee so removed shall have the right to appeal to the Board of Supervisors. The Board of Supervisors, with the assistance of the Manager, shall retain the authority to appoint, suspend or remove the Chief of Police.
[Amended 11-2-2011 by Ord. No. 2011-17]
Subject to provisions of law relating to police officers and any employees for whom tenure provisions apply, the Manager shall appoint, suspend or remove all other Township employees on the basis of merit system principles. This section shall not apply to the Township Solicitor or Engineer. The Manager may authorize any department head to exercise such policies or power with respect to his or her subordinates, provided any such authorized exercise shall ultimately be subject to the Manager's supervision, review and modification.
The Manager shall prepare and submit to the Board of Supervisors before the close of the fiscal year, or on such alternate date as the Board of Supervisors shall determine, a budget for the next fiscal year and an explanatory budget message. In preparing the budget, the Manager, or an officer designated by him or her, shall obtain from the head of each department, agency, board or officer estimates of revenues and expenditures and other supporting data as he or she requests. The Manager shall review such estimates and may revise them before submitting the budget to the Board of Supervisors.
The Manager shall be responsible for the administration of the budget after adoption by the Board of Supervisors.
The Manager shall hold such other municipal offices or head one or more of the municipal departments as the Board of Supervisors may from time to time direct, including, but not limited to, Township Secretary and Township Treasurer.
The Manager shall attend all meetings of the Board of Supervisors and its committees with the right to take part in the discussion and shall receive notice of all special meetings of the Board of Supervisors or its committees.
The Manager shall prepare the agenda for each meeting of the Board of Supervisors and supply facts pertinent thereto.
The Manager shall keep the Board of Supervisors informed as to the conduct of Township affairs; submit periodic reports on the condition of the Township's finances and such other reports as the Board of Supervisors requests; and make such recommendations to the Board of Supervisors as necessary.
The Manager shall submit to the Board of Supervisors, as soon as possible after the close of the fiscal year, a complete report of the financial and administrative activities of the Township for the preceding year and shall file or oversee the filing of all appropriate audit forms with state and local authorities.
The Manager shall see that the provisions of all franchises, leases, permits and privileges granted by the Township are observed.
The Manager may employ, by and with the approval of the Board of Supervisors, experts and consultants to perform work and to advise in connection with any of the functions of the Township.
The Manager shall attend to the letting of contracts, with prior approval of the majority of the Board of Supervisors, in due form of law and shall supervise the performance and faithful execution of the same except insofar as such duties are expressly imposed upon some other Township officer by statute.
The Manager shall see that all money owed the Township is promptly paid and that proper proceedings are taken for the security and collection of all the Township's claims.
The Manager shall be the purchasing officer of the Township and shall purchase, in accordance with the provisions of the Second Class Township Code, all supplies and equipment for the various agencies, boards, departments, and other offices of the Township. The Manager shall keep an account of all purchases and shall, from time to time or when directed by the Board of Supervisors, make a full written report thereof. He or she shall also issue rules and regulations, subject to the approval of the Board, governing the requisition and purchasing of all municipal supplies and equipment. Notwithstanding anything herein contained to the contrary, the Township Manager shall not have the power and authority to make purchases or to enter into contracts where, according to the Second Class Township Code, advertising is required, except with the prior approval of the majority of the Board of Supervisors.
[Amended 11-2-2011 by Ord. No. 2011-17]
All complaints regarding services or personnel of the Township shall be referred to the office of the Manager. The Manager or an officer designated by him or her shall investigate and dispose of such complaints, and the Manager shall report thereon to the Board of Supervisors.
The Manager shall perform other duties as assigned by the Board of Supervisors.
Except as provided in § 30-6B of this chapter, neither the Board of Supervisors nor any of its committees or members thereof shall dictate or attempt to dictate the hiring of any person to or his discharge from employment by the Manager, or in any manner take part in the hiring, suspending or discharging of employees in the administrative service of the Township except as required to do so by the civil service provisions of the Code. Except for the purpose of inquiry, the Board of Supervisors, its committees and its members shall deal with the administrative service solely through the Township Manager, and neither an individual Supervisor or any committee of the Board shall give orders, publicly or privately, to any Township employee. All directives or orders to the Manager or any other Township employee shall require a majority vote of the Board of Supervisors.
If the Manager becomes ill or needs to be absent from the Township, the Board of Supervisors shall designate the Assistant Manager to be Secretary-Treasurer of the Township until the Manager is able to resume his or her duties. If the Assistant Manager is unable to perform the duties of Secretary-Treasurer, the Board shall designate one of its members as Secretary-Treasurer until the Manager or Assistant Manager is able to resume the duties.