The Council shall appoint the Manager and fix
his or her compensation by a majority vote of the total members of
Council. The Manager shall be appointed with regard to merit only,
and solely on the basis of his or her executive and administrative
qualifications. He or she need not, at the time of appointment, be
a resident of the Borough, but he or she may not reside outside the
Borough while in office, without the approval of Council.
The executive duties of the government of the
Borough shall be administered by the Manager. The Manager, in addition
to any other powers and duties provided in this Charter shall:
A.
Supervise, either directly or through subordinate
employees, the administration of all departments or other administrative
units, except as otherwise provided by this Charter.
B.
Execute and enforce all resolutions, ordinances and
orders of the Council.
C.
Appoint the heads of departments pursuant to this
Charter and the Administrative Code.
D.
Appoint, suspend and remove municipal employees, except
as otherwise provided by this Charter.
E.
Attend meetings of the Council and its committees,
and may participate in their deliberations, except that he or she
shall have no right to vote on or veto any matter before Council.
F.
Prepare and submit to the Council the annual budget
and the capital improvement program of the Borough.
G.
In conjunction with the Mayor, assure that the General
Laws relating to the affairs and government of the Borough are duly
executed and enforced within the Borough.
H.
Present to the Council from time to time such information
concerning the business and affairs of the Borough as he or she may
deem necessary, or as the Council by resolution may request, and recommend
such measures for legislative action as may be in the best interest
of the Borough.
I.
Negotiate and supervise intergovernmental cooperation
agreements, pursuant to General Law and subject to final approval
of the Borough Council.
J.
Cause to be signed all deeds, contracts and other
instruments, subject to their approval by Council if so provided in
this Charter.
K.
Have all necessary incidental powers to perform and
exercise any of the duties and functions as set forth in this Charter
or lawfully delegated to him or her.
L.
Perform such other duties as required by Council.
The Manager shall devote full time to the office.
He or she shall hold no other appointed or elected public office,
nor hold any other municipal or municipal employment in which he or
she receives a salary or other form of compensation.
In the event of the Manager's absence, he or
she shall designate a Borough employee to serve as Acting Manager.
In the event of the Manager's incapacity, or of a vacancy in the office,
Council shall designate an employee of the City to serve as Acting
Manager. The Acting Manager shall have the powers and duties of the
Manager.
The Council may at any time, by resolution,
request the resignation of the Manager, and thereafter may at any
time remove the Manager in accordance with the procedures which follow.
A.
The Council shall adopt, by majority vote of its total
membership in a regular or special meeting, a preliminary resolution
which states the specific facts upon which the removal is based. The
Council may thereafter suspend the Manager from duty for a period
not to exceed forty-five (45) days. A copy of this resolution shall
be delivered promptly to the Manager.
B.
Within ten (10) days after a copy of the preliminary
resolution is delivered, the Manager may file with the Council a written
request for an opportunity to respond and comment on the resolution
at a special meeting of the Council, which shall be held not earlier
than twenty-one (21) days nor later than thirty (30) days after the
filing of such a request by the Manager. Public notice of the date
and time of such meeting shall be given in accordance with the provisions
of Section 214(C). The Manager may file a written statement of position
with respect to the preliminary resolution not later than seven (7)
days before the special meeting.
C.
At the special meeting, if one is requested, the Manager
may make an oral statement in addition to the written statement of
position. After full consideration, the Council may, by majority vote
of its total membership, adopt a final resolution of removal, specifying
the effective date of such removal. If such meeting is not requested
and the Manager has not submitted a resignation, the Council may adopt
a final resolution of removal by a majority vote of its total membership
at any regular or special meeting which takes place fourteen (14)
days or more following the date of delivery of the preliminary resolution
by the Manager. This final resolution shall specify the effective
date of removal.
D.
The Manager shall continue to receive a salary until
the effective date of removal. The Council shall provide such severance
pay as it deems appropriate. The decision of the Council shall be
final.
