[Adopted 3-4-1958 by Ord. No. 494, approved 3-4-1958; amended in its entirety 7-27-2017 by Ord. No. 1324, approved 7-27-2017]
The Council of a Borough may, at its discretion at any time, create by ordinance the office of Borough Manager and may, in like manner, abolish the office. Only one person shall fill the office.
As soon as practicable after the enactment of this article, and so long as the position of Borough Manager exists, the Borough Council shall elect, by a majority vote of all members, one person to fill the office of Borough Manager. In the case of a vacancy, Council shall fill said office by majority vote of all its members. The Borough Manager shall, however, be subject to removal, at any time, by a majority vote of all the members of Council.
The Borough Manager shall serve at the pleasure of Council, subject to contractual rights that may arise under an employment agreement that may be entered in accordance with § 1142 of the Pennsylvania Borough Code (relating to powers and duties).[1]
A. 
The agreement shall at a minimum contain the terms and conditions of employment.
B. 
The employment agreement may remain in effect for a specified period terminating no later than the effective date of the agreement or the date of the organizational meeting of Council following the next municipal election, whichever occurs first.
C. 
The employment agreement may specify severance compensation, but in no event may the employment agreement guarantee employment through the term of the agreement or confer upon the Borough Manager any legal remedy based on specific performance.
D. 
An employment agreement with a Borough Manager executed on or after a municipal election but before the first meeting in January the year after the municipal election shall be void.
E. 
Council may delegate to the Borough Manager, by ordinance and subject to recall, any of the nonlegislative and nonjudicial powers and duties of Council, the Planning Commission and the Shade Tree Commission. With approval of Council, the Mayor may delegate to the Borough Manager any of the Mayor's nonlegislative and nonjudicial powers and duties.
F. 
The employment agreement may attach a job description consistent with the powers and duties set forth herein.
[1]
Editor's Note: See 8 Pa.C.S.A. § 1142.
The Manager shall be chosen solely on the basis of the Manager's executive and administrative abilities, with special reference to the Manager's actual experience in or the Manager's knowledge of accepted practices in respect to the duties of the office as herein outlined. The Manager need not be a resident of the Borough or of the Commonwealth of Pennsylvania at the time of appointment. The Manager must reside within a twenty-five-mile radius of the Borough Hall within three months of employment.
Before entering upon the Manager's duties, the Borough Manager shall give a bond to the Borough, in an amount which is fiduciarily responsible, in a minimum amount of $1,000,000, with a surety authorized to do business in the Commonwealth of Pennsylvania, which bond shall be conditioned on the faithful performance of the Manager's duties. The premium for the bond is to be paid by the Borough of East Stroudsburg. The bond of the Borough Manager may be included in, and the Manager may be bonded under and covered by, any blanket bond which may now or hereafter be in force and effect for all Borough employees in an amount not less than $1,000,000.
The Borough Manager shall receive such compensation as shall be fixed, from time to time, by ordinance.
General rule. The powers and duties of the Borough Manager shall be regulated by ordinance and are established as follows:
A. 
The Manager shall be the chief administrative officer of the Borough and shall supervise and be responsible to Council as a whole for the proper and efficient administration of the affairs of the Borough. The Manager's powers and duties shall relate to the general management of all Borough business not expressly, by statute or ordinance, imposed or conferred upon other Borough officers.
B. 
Subject to recall by ordinance, the powers and duties of the Manager shall include the following:
(1) 
The Manager shall hire and, when necessary for the good of the Borough, shall discipline, including suspension or discharge, all employees under the Manager's supervision and in accordance with law, provided that persons covered by the civil service provisions of the Borough Code shall be hired and disciplined, including suspension or discharge, in accordance with the civil service provisions, and provided further that the Manager shall report, at the next meeting thereafter of Council, any action taken by authority of this subsection. The Manager shall confer with legal counsel in disciplinary matters which exceed the severity of a written warning.
(2) 
The Manager shall prepare and submit to Council a draft budget for review and consideration no later than September 30, or as may be determined by Council, and thereafter the Manager shall prepare and submit to Council a final budget by the close of the fiscal year or on such alternate date as Council shall determine, with explanatory budget messages. 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 officer estimates of revenues and expenditures and other supporting data as the Manager requests. The Manager shall review such estimates and may revise them before submitting the budget to Council.
(3) 
The Manager shall be responsible for the administration of the budget after its adoption by Council.
(4) 
The Manager shall hold such other municipal offices or head one or more of the municipal departments as Council may, from time to time, direct and shall perform all the duties of such offices, in addition to the specific duties assigned to the Manager by this article.
(5) 
The Manager shall attend all meetings of Council and its committees with the right to take part in the discussion, and the Manager shall receive notice of all special meetings of Council or its committees. The Manager shall oversee the preparation of minutes of Council meetings and shall submit draft minutes no later than three business days following the meeting.
(6) 
The Manager shall prepare the agenda for each meeting of Council and supply facts and documents pertinent thereto, no later than three business days prior to the meeting.
(7) 
The Manager shall keep Council informed as to the conduct of Borough affairs, submit periodic reports on the condition of the Borough finances and such other reports as Council requests and make such recommendations to Council as requested by Council. The Manager shall establish appropriate capital, operating and such other reserves as deemed necessary by Council for the proper running of the Borough.
(8) 
The Manager shall submit to Council, no later than February 28 of the current fiscal year, a complete report on the financial and administrative activities of the Borough for the preceding year.
(9) 
The Manager shall work with audit and the audit committee, including the coordination of necessary staffing levels, to assist in the preparation and completion of the annual audit and further to ensure that the audit is timely completed as required by law.
(10) 
The Manager shall see that the provisions of all franchises, leases, permits, contracts, and privileges granted by the Borough are observed.
(11) 
The Manager may employ, by and with the approval of Council, experts and consultants to perform work and to advise in connection with any of the functions of the Borough.
(12) 
The Manager shall supervise the performance and faithful execution of contracts as authorized by law.
(13) 
The Manager shall see that all money owed the Borough is promptly paid and that proper proceedings are taken for the security and collection of all the Borough's claims.
(14) 
The Manager shall be the purchasing officer of the Borough and shall purchase, in accordance with the provisions of the Borough Code, or applicable law as exists or as may be amended or established hereafter, including policies established by Council, all supplies and equipment for the various agencies, boards, departments and other offices of the Borough. The Manager shall keep an account of all purchases and shall, from time to time or when directed by Council, make a full written report thereof. The Manager shall also issue rules and regulations, subject to the approval of Council, governing the requisition and purchasing of all municipal supplies and equipment.
(15) 
All complaints regarding services or personnel of the Borough shall be referred to the office of the Manager. The Manager shall investigate and dispose of such complaints, and the Manager shall report thereon to Council.
(16) 
The Manager shall cooperate with the Borough Council at all times and in all matters so that the best interests of the Borough and of the general public may be maintained.
(17) 
The Manager shall oversee the various codes of the Borough of East Stroudsburg and shall ensure their implementation and enforcement, pursuant to their terms.
(18) 
The Manager shall be responsible for all duties as set forth herein but may delegate to staff or appointed officials various responsibilities set forth herein, subject to the Manager's continued oversight.
Neither Council nor any of its committees or members thereof shall dictate or attempt to dictate the hiring of any person to, or his discharge from, employment by the Manager or in any manner take part in the hiring, suspending or discharging of employees in the administrative service of the Borough, except as required to do so by the civil service provisions of the Borough Code. Except for the purpose of inquiry, Council, its committees and its members shall deal with the administrative service solely through the Borough Manager, and neither Council nor any of its committees nor any of its members shall give orders, publicly or privately, to any subordinates of the Manager.
In case of illness or absence of the Manager from the Borough, the Manager shall designate, pursuant to the established chain of command, a qualified member of the staff who shall perform the duties of the Manager during his absence or disability for no longer than a period of two weeks. The person so designated shall not perform these duties for a period longer than two weeks without the approval of Council.
The offices of Borough Manager, Street Commissioner, Secretary, Treasurer and Chief of Police shall not be incompatible, and any two or more of all of the offices may be held by one person. Neither the Mayor nor any member of the Council shall be eligible to hold the office of Borough Manager.