The purpose of this article is to create a form
of organization wherein 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 the Borough in a professional, nonpartisan manner.
The position of Borough Manager is hereby created.
The Manager shall be appointed for an indefinite term by a majority
of all the members of Council, who shall fix his or her compensation
on an annual basis.
The Borough Manager shall be chosen solely on
the basis of his or her executive and administrative qualifications,
with special reference to his or her training and/or experience in
municipal management.
The Borough Manager shall be the chief administrative
officer of the Borough. He or she shall:
A. Be responsible to Council for carrying out all policies
and programs established by Council.
B. Direct and supervise the administration of all departments
and offices of the Borough, except as otherwise provided by law.
C. Approve the disbursement of funds appropriated by
Council and report to Council on such disbursements at regularly scheduled
Council meetings.
D. Appoint and, when he or she deems it necessary for
the good of the service, suspend or remove Borough employees and appointed
officers, except police, on the basis of merit, except as otherwise
provided by law. However, all appointments and removals must be approved
by 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 shall not apply to the Borough Solicitor
or Borough Engineer.
E. Make such recommendations to Council concerning policy
formulation as he or she deems desirable.
F. Prepare and submit the annual budget to Council together
with such explanatory comment as he or she may deem desirable, and
administer the approved budget.
G. Keep Council and the public informed as to the conduct
of Borough affairs.
H. Prepare the agenda and attend all meetings of Council
with the right to take part in discussion when recognized by the President
of Council.
I. Negotiate contracts for the Borough and sign such
contracts on behalf of the Borough upon the approval of Council as
authorized by law.
J. Perform such other duties as are designated by Council.
Whenever the Borough Manager declines to submit
his or her resignation at the request of Council, he or she may be
removed from office in accordance with the following procedures:
A. Council shall adopt a preliminary resolution of removal
by a majority vote of all members. Council may also, in such resolution,
suspend the Manager from duty. 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 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 Council a written request
for an informal meeting with Council in executive session. This meeting
shall be held by Council not later than 15 days after the request
is filed.
C. 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. However, if Council has not adopted a final resolution of
removal within two calendar months from the date of adoption of the
preliminary resolution of removal, then the preliminary resolution
shall be deemed null and void and the Manager shall resume his or
her full duties and be reimbursed for all lost salary. A new preliminary
resolution must then be adopted to begin the removal or suspension
proceedings against the same Manager.
D. Whenever the Manager declines to submit his or her
resignation following his or her conviction of any felony or misdemeanor,
then 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 Council shall be to pay
the Manager any unpaid balance of his or her salary to that date.
E. 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 Council
shall be to pay the Manager any unpaid balance of his or her salary
to the date of suspension.
The Borough Manager may designate a qualified
Borough employee to act as Manager and to exercise the duties of Manager
during his or her temporary absence or disability. During such absence
or disability, Council may remove such designation at any time and
appoint another person as Acting Manager to serve until the Manager
returns or until his or her disability ceases.
Except for the purpose of inquiry, Council and
its members shall deal with employees solely through the Borough Manager,
and neither Council nor any member shall give orders to a subordinate
of the Manager.