[HISTORY: Adopted by the Borough Council of the Borough of
Penndel 8-17-2020 by Ord. No. 2020-3. Amendments noted where applicable.]
The purpose of this article is to enable the Borough of Penndel
to function with a Borough Manager whereby the Borough Council is
responsible for legislative policymaking and appointing a Borough
Manager who is responsible for supervising and conducting the administrative
affairs of the Borough.
The office of Borough Manager is hereby created by the Borough
Council of the Borough, subject to the right of Council, by ordinance
and at any time, to abolish that office.
The Borough Manager shall be selected by a majority vote of
all the members of the Borough Council of the Penndel Borough and
shall be subject to removal at any time by a majority vote of all
members of the Borough Council.
The Borough Manager shall be chosen solely on the basis of his
or her executive and administrative abilities, with special reference
to his or her experience in, or to his or her knowledge of, accepted
practices in respect to the duties of the office herein outlined.
The Borough Manager need not be a resident of the Borough of Penndel.
Before entering upon his or her duties the Borough Manager shall
give a bond to the Borough, with a bonding company as surety in an
amount as shall be fixed from time to time by resolution of the Borough
Council, said bond being conditioned for the faithful performance
of his or her duties, premium for said bond to be paid for by the
Borough of Penndel.
The Borough Manager shall be the chief administrative officer
of the Borough, and he or she shall be responsible to the President
of the Borough Council, or an appointed member of Borough Council
for the proper and efficient administration of the affairs of the
Borough and the continuation and implementation of policy and programs
as set forth by Borough Council. His or her authority and duties shall
relate to the general management of all Borough business not expressly
imposed or conferred upon other Borough officers by statute, resolution
or ordinance.
Subject to recall by ordinance, the Borough Manager shall:
A. Supervise and be responsible for the activities of all Borough departments
except the Police Department.
B. With the concurrence of Council, hire, and when necessary for the
good of the Borough, suspend or discharge employees under the Borough
Manager's supervision and jurisdiction.
C. Make recommendations to Council with respect to the compensation
of all employees under his or her supervision and jurisdiction.
D. Prepare and submit to Council before the close of the fiscal year
or on such alternative date as Council may determine, a budget for
the next fiscal year as an explanatory budget message and administer
same.
E. Obtain from the person in charge of each department, board, agency
or other office, estimates of revenues and expenditures and other
supporting duties for the purpose of preparing the budget.
F. To the extent provided by law, execute and enforce the ordinances
and resolutions of the Borough.
G. Attend all meetings of Council and, upon request, attend its committee
meetings with the right to take part in any and all discussions pursuant
to the rules and regulations for the conduct of meetings as established
by Council. Prepare the agenda for each meeting of Council and supply
facts pertinent thereto.
H. Submit periodic reports of the condition of Borough ordinances and
such other reports as Council deems appropriate and may request.
I. Make recommendations to Council as the Manager deems necessary and
appropriate.
J. Submit to Council as soon as practicable at the close of the fiscal
year a complete report of the financial and administrative activities
of the Borough for the preceding year.
K. Secure compliance with all franchises, leases, permits and privileges
granted by Council.
L. Employ, with the approval of Council, experts and consultants to
perform work and to advise in connection with any of the functions
of the Borough and to see to the letting of contracts in due form
of law.
M. Supervise performance and faithful execution of all contracts.
N. Secure payment to the Borough of all money owed and ensure that proper
proceedings are taken for the securing and collection of all of the
Borough's claims.
O. Be the Purchasing Officer of the Borough and purchase, in accordance
with the provisions of the Borough Code, all supplies and equipment
for various agents, boards and departments and other offices of the
Borough.
P. Prepare necessary invoices and collect utility fees for water service,
sewer service, and garbage service, and any other municipal fee imposed
by Borough Ordinance.
Q. Prepare invoices for and collect those taxes not otherwise collected
by the Tax Collector or other agent of the Borough.
R. Be responsible for managing and directing the finances of the Borough
to insure proper investments of all municipal funds in excess of immediate
needs as well as the administration of all loans.
S. Keep an account of all purchases and, when directed by Council, make
a full and written report thereof.
T. Issue rules and regulations, subject to the approval of Council,
governing the requisition and purchase of all municipal supplies and
equipment.
U. Investigate and dispose of all complaints regarding non-police services
or personnel of the Borough.
V. Be administrator, supervisor and be responsible for activities of
any and all Borough employees who shall be assigned to his or her
jurisdiction by ordinance or resolution of Council or assigned to
his or her jurisdiction by the Mayor in writing as hereinafter provided.
W. Represent Council in matters relative to union and union members
and shall issue all work rules and disciplinary notices to union employees
on behalf of Council for non-police related matters.
X. Keep a current inventory showing all real and personal property of
the Borough and its condition, and shall be responsible for the care
and custody of all such property, including equipment, buildings,
parks and all other Borough property, which is not by law assigned
to some other office or body for care and control.
Y. Publish all notices, ordinances or other documents required by law
to be published and to prepare or cause to be prepared all reports
which the Borough or any officials thereof are required by law to
prepare.
Z. Prepare and have custody of all municipal records required by law
to be kept by the Borough and not by a specific officer.
AA. Make available to any officer with the legal duty to keep or maintain
records all necessary clerical assistance for the preparation of such
records and shall make available a place for the custody of such records.
BB. Cause such records or documents to be properly prepared and presented
to such officer for his or her signature where the law requires or
provides for a certification of any records or documents by any office
of the Borough.
CC. Keep a complete set of maps and plats showing the location of all
Borough utilities and other Borough properties, streets and other
public places, and all lots or parcels of land subdivided according
to law.
DD. Maintain an office in Borough Hall and shall spend such time in the
performance of his or her duties as may be required by Council.
EE. Perform such other necessary and proper duties as may be required
by the Borough Council.
The Mayor is hereby authorized to delegate to the Borough Manager,
subject to recall by written notification at any time, any of his
or her nonlegislative and nonjudicial powers and duties.
The salary and fringe benefits of the Borough Manager of the
Borough of Penndel shall be established, from time to time, by resolution
of the Borough Council.
In the case of illness or the absence of the Borough Manager
from the Borough, the Borough Council shall delegate one qualified
member of the Borough staff who shall perform the duties of the Borough
Manager during his absence, illness or disability. In the absence
of such a delegation by Borough Council, the Borough Secretary shall
act as temporary Borough Manager.
For the purpose of this article, references to the masculine
gender shall include the feminine gender.
The provisions of this article are severable. If any section,
clause, sentence part or provision thereof shall be held illegal,
invalid, or unconstitutional by a court of competent jurisdiction,
such decision of the court shall not affect or impair any of the remaining
sections, clauses, sentences, parts or provisions of this article.
It is hereby declared to be the intent of Borough Council that this
article would have been adopted if such illegal, invalid or unconstitutional
section, clause, sentence or part of a provision had not been included
herein.
All other ordinances, portions of ordinances, or any section
of the Code inconsistent with this article are hereby repealed to
the extent of the invalidity.
The same person may concurrently hold the office of Treasurer
of the Borough of Penndel and the office of Secretary of the Borough
of Penndel when so appointed by the Council of the Borough of Penndel.