[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).
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.
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.