No department head shall disburse nor shall
incur any obligations in excess of the appropriation and limit of
expenditures provided in the municipal budget for the department in
which he/she is the department head.
Any department head who violates the terms of
this chapter shall be subject to disciplinary action, which may include
reprimand, fine, suspension or termination of employment.
No department head shall be subjected to disciplinary
action for violations of this chapter except pursuant to the following:
A. Written charges shall be approved by the Borough Council
and thereupon signed by the Borough Clerk, which shall set forth the
facts constituting the alleged violation.
B. A copy of the written charges shall be served upon
the department head.
C. A hearing shall be scheduled on the charges no sooner
than 10 days nor later than 30 days after service of the charges.
D. At the said hearing, the accused department head shall
have a right to be represented by counsel of his/her own choosing
at his/her own expense and shall be permitted the right of examination,
cross-examination and presentation of witnesses and documentary evidence.
E. At the conclusion of the hearing, the Borough Council
shall make appropriate findings and determinations, and in the event
the department head is found guilty, the Borough Council shall make
a determination as to the appropriate penalty, if any.
F. As to any department head for whom there is a statutory
procedure for disciplinary charges, any disciplinary charges made
pursuant to this chapter shall be in accordance with the procedural
requirements of the applicable statutory provisions regulating disciplinary
charges.