[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.
[Amended 9-6-2017 by Ord.
No. 2017-07]
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 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.
A.
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.
B.
Subject to recall by ordinance of the Board of Supervisors,
the powers and duties of the Township Manager shall include the following:
(1)
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.
(2)
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]
(3)
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.
(4)
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.
(5)
The Manager shall be responsible for the administration
of the budget after adoption by the Board of Supervisors.
(6)
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.
(7)
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.
(8)
The Manager shall prepare the agenda for each meeting
of the Board of Supervisors and supply facts pertinent thereto.
(9)
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.
(10)
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.
(11)
The Manager shall see that the provisions of all franchises,
leases, permits and privileges granted by the Township are observed.
(12)
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.
(13)
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.
(14)
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.
(15)
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]
(16)
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.
(17)
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.