The purpose of this chapter is to create a form of organization wherein
Lake City Borough Council shall be responsible primarily for legislative policy
making and shall appoint a professional Borough Manager who shall be responsible
for the conduct of the administrative affairs of Lake City Borough in a professional,
nonpartisan manner.
The position of Lake City Borough Manager is hereby created. The Manager
shall be appointed for an indefinite term by a majority of all the members
of Lake City Borough Council, who shall fix his or her compensation on an
annual basis.
The Lake City Borough Manager shall be chosen solely on the basis of
his or her executive and administrative qualifications as set forth in the
job summary, with special reference to his or her training and/or experience
in municipal management.
The Lake City Borough Manager shall be the chief administrative officer
for the Borough. He or she shall:
A. Be responsible to Lake City Borough Council for carrying
out all policies and programs established by said Council.
B. Direct and supervise the administration of all departments
and offices of Lake City Borough, except as otherwise provided by law.
C. Approve the disbursement of funds appropriated by Lake
City Borough Council and report to Council on such disbursements at any regularly
scheduled Council meetings.
D. Appoint and, when he or she deems it necessary for the
good of the functioning government, suspend or remove Borough employees and
appoint officers, except police, on the basis of merit, except as otherwise
provided by law. However, all appointments and removals must be approved by
the majority of Lake City Borough Council prior to their taking effect. Suspensions
shall be reviewed by Council not later than 30 days following the suspension
with the resolution of such suspension to be determined according to the applicable
policy or law. This subsection does not apply to the Lake City Borough Solicitor
or Lake City Borough Engineer.
E. Make such recommendations to Lake City Borough Council
concerning policy formulation as he or she deems desirable.
F. Prepare and submit the annual budget to Lake City Borough
Council, together with such explanatory comments as he or she may deem desirable,
and administer the approved budget.
G. Prepare and submit a quarterly financial budget review
to Lake City Borough Council with recommendations for the balance of the fiscal
year.
H. Keep Lake City Borough Council and its residents informed
as to the conduct of Borough affairs.
I. Prepare the agenda and attend all meetings of Lake City
Borough Council with the right to take part in discussion when recognized
by the President of Council.
J. Negotiate contracts for Lake City Borough and sign such
contracts on behalf of the Borough upon the approval of Lake City Borough
Council as authorized by laws of the County of Erie, Commonwealth of Pennsylvania
and the United States of America.
K. Perform such other duties as are designated by Council.
Whenever the Lake City Borough Manager declines to submit his or her
resignation at the request of the Lake City Borough Council, he or she may
be removed from office in accordance with the following procedures:
A. Lake City Borough Council shall adopt a preliminary resolution
of removal by a majority vote of all Council members. Council may also, in
such resolution, suspend the Manager from his or her duties. A copy of the
resolution shall be delivered promptly to the Manager. If suspended, the Manager
shall be paid forthwith any unpaid balance of his or her salary to the date
of the adoption of the resolution.
B. Within 15 days after a copy of the resolution is delivered
to the Manager, he or she may file with Lake City Borough Council a written
request for an informal meeting with Council in executive session. Council
shall hold this meeting not later than 15 days after the request is filed.
C. Lake City Borough Council may adopt a final resolution
of removal, which may be made effective immediately, by a majority vote of
all the members at any time after the 15 days from the time the preliminary
resolution was delivered to the Manager, if he or she has not requested a
meeting, or at any time after the meeting. After the adoption of the resolution,
in addition to any salary earned to the date of termination, the Manager shall
be paid forthwith his or her salary for the next four weeks, plus one additional
week of salary for each year of service to a maximum of eight weeks, or as
such termination pay is otherwise provided by contract.
D. Whenever the Manager declines to submit his or her resignation
following his or her conviction of any felony or misdemeanor, then Lake City
Borough Council may remove the Manager from office by a simple motion adopted
at a public meeting. The motion shall state the effective date of removal,
and the only obligation of Lake City Borough Council shall be to pay the Manager
any unpaid balance of his or her salary to that date.
E. Lake City Borough Council may also suspend the Manager
without salary during an investigation, hearing or trial on any criminal charge,
for the duration of the proceedings, when suspension would be in the interest
of the Borough. If the manager is exonerated, he or she will be reinstated
to duty and reimbursed for all lost salary. Should the Manager resign while
under suspension, the only obligation of Lake City Borough Council shall be
to pay the Manager any unpaid balance of his or her salary to the date of
suspension.
Except for the purpose of inquiry, Lake City Borough Council and its
members shall deal with employees solely through the Lake City Borough Manager,
and neither Council nor any member shall give orders to a subordinate of the
Manager.