[HISTORY: Adopted by the City Council of the City of DuBois 5-13-1986 by Ord. No. 1413 (Ch. 1, Part 1A, of the 1995 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Administrative Code of the City of DuBois."
The words and phrases defined below shall have the meanings herein specified unless the context clearly requires otherwise.
- ADMINISTRATIVE SERVICE
- Those departments and agencies in the administrative organization under the authority of the Manager.
- CHARTER LAW
- The Home Rule Charter and Optional Plans Law (Council-Manager Plan), Act of April 13, 1972, No. 62, 53 P.S. § 1-101 et seq.
- The City of DuBois, Pennsylvania.
- The City Council of the City of DuBois, Pennsylvania.
- The City Manager of the City of DuBois, Pennsylvania.
The legislative power and all matter of policy of the City government shall be vested in and exercised by the Council.
City Council shall approve the hiring of all City employees and approve salary levels.
City Council shall meet with the City Manager and department heads quarterly for the purpose of reviewing and planning the department functions.
City Council shall organize itself into committees on an annual basis.
The Mayor shall preside at all meetings of the City Council and shall have a voice and vote in its proceedings. All bonds, notes, contracts and written obligations of the City shall be executed on its behalf by the Mayor and Controller or, in the event of the Mayor's inability to act, by the Controller and such Councilman as the City Council shall designate to act as Mayor during his absence or disability. The powers and duties of the Mayor shall be only such as are expressly conferred upon him by the Home Rule Charter and Optional Plans Law (Council-Manager Plan), Act of April 13, 1972, No. 62, 53 P.S. § 1-101 et seq.
Regular meetings of Council shall be held at least twice a month on such date and at such time and place as shall be established by resolution of Council. All meetings shall be open to the public and notice of regular, special and adjourned meetings shall be given as prescribed by law.
[Amended 12-11-2006 by Ord. No. 1707]
The City Manager shall be the chief administrative officer of the City of DuBois, appointed by a majority vote of the City Council. He/she shall serve at the discretion of the City. In addition thereto:
The Manager shall be responsible to direct, supervise and manage the administration of all departments, offices and agencies of the City, except the Volunteer Fire Department, which shall report directly to the Mayor and City Council.
The Manager shall serve as liaison between Council and the general public concerning Council policies and procedures, local, state and federal rules and regulations, as well as generally accepted municipal management practices. The Manager shall return all telephone calls and correspondence directed to him in a timely and efficient manner.
The Manager shall report all known information to the Council concerning any action requiring its official decision. He/she shall gather any or all information pertinent to the condition of the City and surrounding area and relate same to the Council for any further action.
The Manger shall establish current and long-range objective plans and policies subject to the approval of the Council.
Prior to any hiring, appointment, suspension, layoff or firing, etc., approval must be given by the Mayor and City Council. All salary levels must also be approved by the Mayor and City Council.
The Mayor and City Council shall appoint someone, not limited to the Mayor or a member of Council, to perform the duties of any office or position in the administrative service during a vacancy, absence or disability of the City Manager.
The Manager shall prepare for and attend all Council meetings and shall have the right to take part in discussion, but may not vote. He/she shall attend any meeting requiring a City representative. The Manager shall be responsible for preparing agendas and recording minutes of Council meetings and any other meetings requiring such records. The City Manager shall be an executive member of the various boards, commissions and authorities created by the City.
The Manager shall utilize public accessible media to communicate decisions, policies or operating procedures of the Council without comment or opinion.
He/she shall prepare and submit all county, state and federal required reports in a timely manner, as required. The Manager shall attest and seal all legal documents of the City and shall prepare and submit all correspondence as required by Council.
The Manager shall supervise and maintain all aspects of the municipal land, buildings and equipment in order to ensure the efficient use of taxpayer monies for the orderly operation of the City.
The Manager shall have the power to investigate, examine, or inquire into the affairs or operation of any department, division, bureau or office under his authority and report findings to the Mayor and City Council.
City Council shall meet with the City Manager and department head quarterly for the purpose of reviewing and planning the department functions.
The Manager shall ensure that proper training, safety techniques seminars, reading materials, etc., are available to all personnel, within budget limitations, and shall have an open-door policy with all City personnel for discussion, work improvements or problems concerning City operation. The Manager shall collaborate with all departments in the maximum and efficient use of supplies, equipment and manpower to ensure the proper operation of all City operations. He/she shall document, in writing, all pertinent information to the Council in matters requiring its official action.
The Manager shall, when possible, ensure by his/her presence in the field that City operations are being properly conducted in a safe and efficient manner. He/she shall submit a weekly report to Council on all City activities.
The Manager shall create and maintain an appropriate work environment for all employees and minimize labor-related problems. He/she shall act as the buffer between the Council and employees of the City. In this, he/she must be able to present both sides without favoritism or prejudice. The Manager shall promote and emphasize to all personnel the need for tolerance in dealing with the general public.
The Manager presents an annual budget and capital program to the Council and oversees the adequacy and soundness of the City's financial structure. He/she shall review operating results within the City and take steps to ensure that accepted measures are taken to correct unsatisfactory results.
The Manager provides recommendations and guidance to the Council regarding municipal operations, fiscal policy and the future needs of the City, as necessary. The Manager makes all required reports available for public inspection.
The Manager shall be able to assess industry trends concerning legislation, arbitration decisions and collective bargaining. He/she shall also write and deliver presentations to Council regarding human resources policies and practices.
The Manager shall establish and maintain an effective system of communication throughout the City, with the public and with the City's personnel. He/she shall represent the City in handling issues of public concern and represent the City in the business and financial community. At all times, the Manager shall maintain the highest level of morale within the City.
The City Manager shall negotiate labor contracts subject to approval of City Council.
The Manager shall supervise personnel policies and practices as established by City Council.
The Manager shall perform other duties as specified in the Administrative Code, or as assigned by the City Council.
Residency requirements. City Manager must become a resident of the City of DuBois within three months of appointment.
Qualifications. To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Education and/or experience: bachelor's degree from a four-year college or university, five years' related experience and/or training in governmental management or related experience in business or public administration, and/or equivalent.
Language and communication skills: Ability to read, analyze and interpret common technical journals, financial reports and legal documents. Ability to respond to common inquiries or complaints from residents, regulatory agencies or members of the business community. Ability to write speeches and articles that conform to prescribed style and format. Ability to effectively present information to public groups, the business and financial community and at City Council meetings. The ability to deal courteously and effectively with all employees, vendors, outside professionals and the general public.
Mathematical skills: The ability to comprehend and apply principles of accounting and financial reporting. Ability to apply mathematical skills in the practice of governmental accounting, contractual commitments and business applications.
Reasoning ability: Ability to define problems, collect data, establish facts and draw valid conclusions. Ability to interpret an extensive variety of technical instructions in mathematical or diagram form and deal with several abstract and concrete variables.
Other skills and abilities. Knowledge of municipal finance administration, governmental accounting and budgeting. Knowledge of computer technology and, in particular, accounting, word and spreadsheet applications. Ability to develop policy and coordinate human resources activities, such as employment, compensation, labor relations, benefits, training and employee services.
Physical demands. The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The employee must pass complete physical, drug and psychological examinations.
The City shall have the following administrative departments:
Department directors, except for the director of the Volunteer Fire Department, who shall be the Fire Chief elected by the members of the Volunteer Fire Department, shall be chosen by the City Manager with approval of City Council solely on the basis of executive and administrative qualifications appropriate to the duties of their respective departments, and shall be subject to removal at the discretion of the Manager and City Council, as provided by Home Rule Charter and Optional Plans Law (Council-Manager Plan), Act of April 13, 1972, No. 62, 53 P.S. § 1-101 et seq.
Each department head shall perform all duties required by his office by charter, by ordinance, or other laws, and each shall perform such duties not in conflict therewith as may be assigned by the City Manager. Specific duties shall include:
Responsibility to the City Manager. Be immediately responsible to the City Manager for the effective administration of their department and all activities assigned thereto.
Cooperate with other departments. Furnish to any other department or office such service, labor, equipment or materials as may be requisitioned by the head of such other office and as its own facilities permit.
Authority over employees. Shall recommend to the City Manager the appointment and removal of all subordinates under them subject to the personnel and civil service regulations of the City of DuBois.
Report to the City Manager. Submit quarterly reports of the activities of their departments to the City Manager and City Council.
Maintain records. Establish and maintain a system of records and reports in sufficient detail to furnish all information necessary for proper control of departmental activities and to form a basis for the reports required by the City Manager.
Inaugurate sound practices. Keep informed as to the latest practices in their particular field and shall inaugurate, with the approval of the City Manager and City Council, such new practices as appear to be of benefit to the service and to the public.
Delegation of duties. Have power to delegate to members of the departments or divisions coming under their direction such duties and responsibilities as deemed advisable, together with proportionate authority for their fulfillment but in no case may they delegate their overall responsibility or any of their accountability.
Maintain equipment. Be responsible for the proper custody and maintenance of all City property and equipment used in their departments.
Intradepartmental organization. Prescribe the internal organization of the department and the duties of subordinate officers and employees of the department with the approval of the City Manager.
The Department of Administration and Finance shall be headed and supervised by the City Clerk. The City Clerk shall be appointed by the City Manager with the approval of City Council and shall have accounting training and degrees. This department shall perform the administrative service functions of the City. The areas of responsibility shall include:
Administration of a centralized purchasing and billing system for all departments of the City government.
Development of the fiscal aspects of the capital improvements and development programs of the City.
Issuance of such financial reports as are deemed appropriate and necessary by Council.
Recording, filing, indexing, and safekeeping of all ordinances and other proceedings of Council.
Maintenance of records and files of general application to City operations, its debts, and agencies.
Maintenance of separate and distinct records of all City assets, property, trusts, and debts owing to the City, and other resources.
Assist the City Manager in the preparation of budget.
Assist the City Manager as required in other administrative functions.
Performance of such other functions and duties as may be assigned by Council.
The Department of Public Works shall be headed and supervised by a Director of Public Works, who shall also serve as City Engineer. He shall be registered to practice as a civil engineer by the Commonwealth of Pennsylvania. The department shall be responsible for all matters relating to the construction, maintenance and operation of the physical properties of the City to the extent that such responsibilities are not expressly charged to any other department or office. The areas of responsibility of the Department of Public Works shall include:
Prepare plans, specifications and estimates for all City engineering work and work with consultants on projects for which a consultant may be retained.
Furnish Council, heads of departments, and City boards or commissions with reports, information or estimates on any City engineering work, or on questions submitted by any of them in their official capacity.
Inspect and approve all municipal improvements and execute all certificates of commencement and completion in regard thereto.
Have charge and direction of all surveys.
Have custody of and maintain the registry of real estate in the City and all City maps, engineering plans, books and records.
The administration, direction and supervision of streets, and bridges.
The administration, direction and supervision of the City water system.
The administration, direction and supervision of storm sewers.
The administration, direction and supervision of the sanitary sewer system.
The administration, direction and supervision of City property.
The administration, direction and supervision of parks, playgrounds and other recreational facilities of the City.
The administration, direction and supervision of snow and ice control.
The collection and disposal of all garbage, ashes, rubbish and refuse.
Performance of such other functions and duties as may be required by Council or the City Manager.
The Department of Health, Code Enforcement and Zoning shall be under the direction and supervision of City Council and the City Manager. The areas of responsibility of the Department of Health, Code Enforcement and Zoning shall be:
Building, housing and sidewalk inspection.
Inspect and issue licenses for eating and drinking establishments as required by law.
Attend all zoning hearings.
Issue building permits.
Assist Planning Commission.
Performance of such other functions and duties as may be prescribed by ordinance or required by Council.
The Police Department shall be under the direction of the Chief of Police.
The members of the Police Department shall possess the qualifications and perform the duties as prescribed in the Third Class City Code.
In addition to other duties which may be assigned by the City Manager, the Chief of Police shall:
Be responsible for the preservation of the public peace and order, traffic control, parking meter enforcement, the prevention and detection of crime, the apprehension of offenders of laws and ordinances, the protection of persons and property and the enforcement of the criminal laws of the United States, the Commonwealth of Pennsylvania, and the penal ordinances of the City of DuBois as are applicable and within the jurisdiction of the Police Department.
Assign officers to shifts and make any other work assignments as necessary for the proper operation of the department. Special work assignments of a permanent nature shall be issued in writing with a copy filed with the City Manager.
With approval of the City Manager, assign auxiliary policemen when necessary.
The Fire Department shall be headed and supervised by the Fire Chief, who shall be elected by the members of the Volunteer Fire Department. He shall also serve as Fire Marshal and Fire Prevention Code Enforcement Officer, in charge of the Bureau of Fire Prevention. The Fire Department shall be responsible for firefighting, fire-prevention work and the investigation of the causes of fires within the City.
The City Solicitor shall be appointed by and serve at the pleasure of Council. The Council may appoint such Assistant Solicitor or Solicitors as it deems necessary. The areas of responsibility of the Solicitor shall be to:
Advise Council and the City Manager or any other City officer, when thereto requested, upon all legal questions arising in the conduct of City business.
Prepare or revise ordinances as requested by Council, the City Manager or any other officer thereof.
Give his written opinion on any legal matter or question submitted to him by Council or the City Manager or any of its committees or by any other City officer.
Attend all Council meetings in their entirety for the purpose of giving Council and the City Manager legal advice.
Prepare for execution all contracts and instruments to which the City is a party and approve as to form all bonds required to be submitted to the City.
Represent the City in all legal actions brought by or against the City.
Have the power to adjust, settle, compromise or submit to arbitration any action or causes of action, accounts, etc., in which the City is concerned, as directed by Council.
Make an annual report to Council and the Manager of all pending litigation in which the City has an interest and the condition thereof.
Keep records and deliver all records and documents and property of every description in his possession, belonging in his office or to the City, to his successor in office, who shall duplicate receipts therefor, one of which he shall file with the City Manager.
The City Solicitor shall furnish such fidelity bond and other insurance as required by general law, and in such amount as Council, by ordinance, shall require.
The City Treasurer shall perform such functions and duties and have such powers relating to the collection, receiving, safekeeping and payment over of public monies, including City, county, institutional district and school district taxes as provided by general law, and shall have such other functions, powers, and duties as may be assigned to him by the City Manager and City Council.
The City Controller shall review all warrants for the expenditure of City monies and, if satisfied that such expenditure is within the budget allotment pertaining thereto, shall sign said warrant before it is presented to the City Treasurer for payment. In so doing he shall also preaudit all claims and demands against the City prior to payment and shall approve warrants for payment thereof only if satisfied that such payment is in accordance with law. The City Controller shall be responsible for the control of an encumbrance system of the City budget operation. He shall receive from the City Manager and Directors such information regarding City properties and obligations and City income and expenditures as he deems necessary to carry on these duties. He shall furnish Council and the Manager a report concerning these matters at such times as he deems necessary.
He shall likewise audit or, with the consent of Council, choose to be made by an accountant an annual audit of all the accounts of any municipal officer in any department of the City government who may be charged with the duty, or who may perform the services of receiving and disbursing the funds of any association, society, or organization of municipal employees or persons, directly or indirectly connected with the municipal government, for the benefit, relief or pensioning of firemen, or other municipal employees or persons as aforesaid.
The City Controller shall furnish such fidelity bond and other insurance as required by general law, and in such amounts as Council, by ordinance, may require.
The City Council may establish such authorities, boards and commissions as authorized by general law and such additional boards and commissions as the Council shall deem necessary or appropriate. Unless prohibited by statute, authorities, boards and commissions shall be attached to an appropriate City department for administrative purposes as provided by Council. Council may also provide for the appointment of the Manager as ex-officio member of various authorities, boards and commissions.
The City Manager shall be responsible for the establishment and maintenance of a merit system personnel program, which is to include a position classification system and pay plan covering all City employees as provided by the Home Rule Charter and Optional Plans Law (Council-Manager Plan), Act of April 13, 1972, No. 62, 53 P.S. § 1-101 et seq. The basic personnel policy of the City shall be:
Employment by the City shall be based upon merit and fitness, free from personal, racial, religious and political considerations.
Recruitment shall be conducted on a broad basis in order to secure an adequate field of selection.
Just and equitable conditions of employment shall be established and maintained in order to promote efficiency and economy in the operation of the City.
Positions having similar duties and responsibilities shall be classified and compensated on a uniform basis.
Appointment, promotions and other personnel actions shall be made on merit, systematic tests and evaluations. New employees must pass a physical examination.
Tenure of employees and appointive officers shall be subject to good behavior, satisfactory performance of work, requirements of the City and availability of funds.
All persons employed by the City of DuBois shall be residents of the City.
No rule or regulation made by any department, office, agency or authority of the City, except such as relates to the organization or internal management of the City, shall take effect until it has been approved as to form and legality by the City Solicitor and approved by the Manager. City Council shall receive all such rules and regulations and they shall be filed with the Manager.