Township of Mount Joy, PA
Lancaster County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Mount Joy 5-10-1990 as Ord. No. CXIV. Amendments noted where applicable.]
GENERAL REFERENCES
Pensions — See Ch. 33.
Salaries and compensation — See Ch. 43.
A. 
The purpose of this chapter is to enable the township to function under generally accepted principles of the Council-Manager form of government. The Board of Supervisors shall be responsible for legislative policy-making and appointing a professional Township Manager who shall be responsible for supervising and conducting the administrative affairs of the township, as well as carrying out all policies and programs established by the Board.
B. 
It is the intent of this chapter to delegate to the Township Manager all of the non-legislative powers and duties of the Board of Supervisors as authorized by 53 P.S. § 65599.1, as amended.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
The position of Township Manager is hereby created by the Township of Mount Joy.
The Township Manager shall be appointed for an indefinite term by a majority of all members of the Board of Supervisors. The Manager shall serve at the pleasure of the Board and may be removed, with or without cause, at any time by a majority vote of all its members. At least thirty (30) days before such removal is to become effective, the Board shall furnish the Manager with a written statement setting forth its intention to remove him or her.
[Amended 2-3-1992 by Ord. No. CXXVI]
A. 
The Township Manager shall be chosen solely on the basis of executive and administrative abilities, with special reference to training and/or experience in municipa1 management. During his or her tenure, the Township Manager shall not hold any elective governmental office.
B. 
No member of the Board of Supervisors of the township shall be appointed Township Manager within one (1) year after the expiration of his or her term as a member of the Board of Supervisors.
C. 
The Manager need not be a resident of the township or the Commonwealth of Pennsylvania at the time of his or her appointment. However, within three (3) months of his or her appointment as Township Manager, the Township Manager shall reside within a twenty-mile radius of the Mount Joy Township Municipal Building.
Before entering upon his or her duties, the Manager shall give a bond to the township, with a bonding company as surety, to be approved by the Board, in the sum of one hundred thousand dollars ($100,000.) conditioned on the faithful performance of his or her duties, the premium for said bond to be paid by the township.
[Amended 2-3-1992 by Ord. No. CXXVI]
The Board of Supervisors may enter into an employment agreement with the Township Manager setting forth the terms and conditions of the Township Manager's employment. The Manager's salary shall be established by resolution of the Board of Supervisors at the annual meeting or, if such Manager shall be appointed after the annual meeting of the calendar year of initial appointment, at any public meeting of the Board of Supervisors.
A. 
The Manager shall be the chief administrative officer of the township and shall be responsible to the Board as a whole for the proper and efficient administration of the affairs of the township. The powers and duties of administration of all township business shall be vested in the Manager, unless expressly imposed or conferred by statute upon other township officers.
B. 
Subject to recall by ordinance of the Board, the Township Manager shall have the following duties and the commensurate powers to carry out those duties. The Township Manager shall:
(1) 
Supervise and be responsible for the activities of all municipal departments, including the Police Department, except those relating directly to the performance of a police officer's duty and except as otherwise provided by ordinance or 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.
(2) 
Appoint, suspend or remove with the advice and consent of the Board all department heads except the Police Chief on the basis of merit system principles. The Manager shall assist the Board with the appointment of a Police Chief. Any employee so removed shall have the right of appeal to the Board of Supervisors.
(3) 
Appoint, suspend or remove with the advice and consent of the Board all other township 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, provided that any such authorized exercise shall ultimately be subject to the Manager's supervision, review and modification.
(4) 
Prepare and submit to the Board, before the close of each fiscal year, a budget for the next fiscal year and an explanatory budget message. In preparing the budget, the Manager 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 the Board.
(5) 
Exercise control over the administration of the budget after its adoption by the Board.
(6) 
Develop long-range fiscal plans for the municipality in conjunction with the preparation of the yearly budget, such plan to be presented annually to the Board for its review and adoption.
(7) 
Hold such other municipal offices and head such municipal departments as the Board may from time to time direct.
(8) 
Attend all meetings of the Board and its committees, with the right to participate in the discussion, but not to vote. The Township Manager shall be notified of all special meetings of the Board and its committees.
(9) 
Prepare the agenda for each meeting of the Board and supply facts pertinent thereto.
(10) 
Inform the Board as to the conduct of township affairs, submit periodic reports on the condition of the township finances and such other reports as the Board requests and make such other recommendations to the Board as he or she deems advisable.
(11) 
Prepare and submit to the Board, as soon as possible after the close of the fiscal year, a complete report on the finances and the administrative activities of the township for the preceding year.
(12) 
Ensure that the provisions of all franchises, leases, permits and privileges granted by the township are observed.
(13) 
Employ, by and with the approval of the Board, experts and consultants to perform services on behalf of the township.
(14) 
Attend the letter 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 township officer.
(15) 
Ensure that all moneys owed the township are promptly paid and that proper proceedings are taken for the security and collection of all the Township's claims.
(16) 
Be the Purchasing Officer of the township and purchase, in accordance with the provisions of the second class Township Code, all supplies and equipment for the agencies, boards, departments and other offices of the township, 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(17) 
Receive all complaints regarding township services. The Manager or a person designated by him or her shall investigate and dispose of such complaints, and the Manager shall report thereon to the Board. 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 the Board.[2]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(18) 
Be responsible for the enforcement of all ordinances and regulations of the township.
(19) 
Participate in intergovernmental programs, monitor legislative activity and keep abreast of current advances in management and technology.
(20) 
Perform such other duties as may be required by the Board.
A. 
In the relationship between the Board and the Manager, the Board shall act as a body in all its dealings with the Manager. Individual members of the Board shall refrain from interfering with the Manager or any authorized personnel of the township in the performance of their duties, and all members of the Board and its appointed bodies, except for purposes of inquiry, shall deal with administrative matters solely through the Manager.
B. 
However, nothing herein shall prevent the Board from establishing a committee of its own members to review the operations and legislative needs of the township 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 township, he or she shall recommend to the Board one (1) qualified person to perform the duties of the Manager during his or her absence or disability. The Board shall designate a person to perform the Manager's duties.