[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.
Those departments and agencies in the administrative organization
under the authority of the Manager.
The Home Rule Charter and Optional Plans Law (Council-Manager
Plan), Act of 1996, Dec. 19, P.L. 1158, No. 177, codified at 53 Pa.C.S.A.
§ 2901 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.
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 1996, Dec. 19, P.L. 1158, No. 177,
codified at 53 Pa.C.S.A. § 2901 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]
A.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
The Manger shall establish current and long-range objective plans
and policies subject to the approval of the Council.
(5)
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.
(6)
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.
(7)
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.
(8)
The Manager shall utilize public accessible media to communicate
decisions, policies or operating procedures of the Council without
comment or opinion.
(9)
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.
(10)
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.
(11)
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.
(12)
City Council shall meet with the City Manager and department head
quarterly for the purpose of reviewing and planning the department
functions.
(13)
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.
(14)
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.
(15)
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.
(16)
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.
(17)
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.
(18)
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.
(19)
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.
(20)
The City Manager shall negotiate labor contracts subject to approval
of City Council.
(21)
The Manager shall supervise personnel policies and practices as established
by City Council.
(22)
The Manager shall perform other duties as specified in the Administrative
Code, or as assigned by the City Council.
(23)
Residency requirements. City Manager must become a resident of the
City of DuBois within three months of appointment.
(24)
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.
(25)
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.
(26)
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.
(27)
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.
(28)
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.
(29)
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.
(30)
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.
[Amended at time of adoption of Code revisions (see Ch. 1,
General Provisions, Art. II)]
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 the Home Rule Charter and
Optional Plans Law (Council-Manager Plan), Act of 1996, Dec. 19, P.L.
1158, No. 177, codified at 53 Pa.C.S.A. § 2901 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:
A.
Responsibility
to the City Manager. Be immediately responsible to the City Manager
for the effective administration of their department and all activities
assigned thereto.
B.
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.
C.
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.
D.
Report
to the City Manager. Submit quarterly reports of the activities of
their departments to the City Manager and City Council.
E.
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.
F.
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.
G.
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.
H.
Maintain
equipment. Be responsible for the proper custody and maintenance of
all City property and equipment used in their departments.
I.
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.
[Amended at time of adoption of Code revisions (see Ch. 1,
General Provisions, Art. II)]
The Department of Administration and Finance shall perform the
administrative service functions of the City. The areas of responsibility
shall include:
A.
Administration of a centralized purchasing and billing system for
all departments of the City government.
B.
Development of the fiscal aspects of the capital improvements and
development programs of the City.
C.
Issuance of such financial reports as are deemed appropriate and
necessary by Council.
D.
Recording, filing, indexing, and safekeeping of all ordinances and
other proceedings of Council.
E.
Maintenance of records and files of general application to City operations,
its debts, and agencies.
F.
Maintenance of separate and distinct records of all City assets,
property, trusts, and debts owing to the City, and other resources.
G.
Assist the City Manager in the preparation of budget.
H.
Assist the City Manager as required in other administrative functions.
I.
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:
A.
Prepare plans, specifications and estimates for all City engineering
work and work with consultants on projects for which a consultant
may be retained.
B.
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.
C.
Inspect and approve all municipal improvements and execute all certificates
of commencement and completion in regard thereto.
D.
Have charge and direction of all surveys.
E.
Have custody of and maintain the registry of real estate in the City
and all City maps, engineering plans, books and records.
F.
The administration, direction and supervision of streets, and bridges.
G.
The administration, direction and supervision of the City water system.
H.
The administration, direction and supervision of storm sewers.
I.
The administration, direction and supervision of the sanitary sewer
system.
J.
The administration, direction and supervision of City property.
K.
The administration, direction and supervision of parks, playgrounds
and other recreational facilities of the City.
L.
The administration, direction and supervision of snow and ice control.
M.
The collection and disposal of all garbage, ashes, rubbish and refuse.
N.
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:
A.
Building, housing and sidewalk inspection.
B.
Plumbing inspection.
C.
Code enforcement.
D.
Inspect and issue licenses for eating and drinking establishments
as required by law.
E.
Zoning permits.
F.
Attend all zoning hearings.
G.
Issue building permits.
H.
Assist Planning Commission.
I.
Performance of such other functions and duties as may be prescribed
by ordinance or required by Council.
A.
The Police Department shall be under the direction of the Chief of
Police.
B.
The members of the Police Department shall possess the qualifications
and perform the duties as prescribed in the Third Class City Code.
C.
In addition to other duties which may be assigned by the City Manager,
the Chief of Police shall:
(1)
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.
(2)
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.
(3)
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:
A.
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.
B.
Prepare or revise ordinances as requested by Council, the City Manager
or any other officer thereof.
C.
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.
D.
Attend all Council meetings in their entirety for the purpose of
giving Council and the City Manager legal advice.
E.
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.
F.
Represent the City in all legal actions brought by or against the
City.
G.
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.
H.
Make an annual report to Council and the Manager of all pending litigation
in which the City has an interest and the condition thereof.
I.
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.
J.
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.
A.
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.
B.
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.
C.
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 1996, Dec. 19, P.L. 1158, No. 177, codified at 53 Pa.C.S.A.
§ 2901 et seq. The basic personnel policy of the City shall
be:
A.
Employment by the City shall be based upon merit and fitness, free
from personal, racial, religious and political considerations.
B.
Recruitment shall be conducted on a broad basis in order to secure
an adequate field of selection.
C.
Just and equitable conditions of employment shall be established
and maintained in order to promote efficiency and economy in the operation
of the City.
D.
Positions having similar duties and responsibilities shall be classified
and compensated on a uniform basis.
E.
Appointment, promotions and other personnel actions shall be made
on merit, systematic tests and evaluations.
[Amended at time of adoption of Code revisions (see Ch. 1,
General Provisions, Art. II)]
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.
