[Adopted 12-7-1995 by Ord. No. 1245 as Ch. 222 of the 1995 Code]
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.