[HISTORY: Adopted by the Board of Commissioners of the Township of Spring Garden 12-11-1963 by Ord. No. 16-63 (Ch. 1, Part 2, §§ 201 to 208, of the 1994 Code). Amendments noted where applicable.]
Work rules for Township employees — See Ch. 37, Art. I.
Township Commissioners — See Ch. 75.
The office of Township Manager is hereby created by the Township of Spring Garden.
The Manager shall be appointed for an indefinite term by a majority of all members of the Board of Commissioners. The Manager shall serve at the pleasure of the Board of Commissioners, and he may be removed at any time by a majority vote of all its members. At least 30 days before such removal is to become effective, the Board of Commissioners shall furnish the Manager with a written statement setting forth its intention to remove him, or in lieu thereof, the Board of Commissioners may remove him immediately upon tendering to the Manager the pay due him up to and including 30 days after the effective date of the removal.
The Manager shall be chosen solely on the basis of his executive and administrative abilities, with special reference to the duties of his office as herein outlined. The Manager need not be a resident of the Township or of the Commonwealth of Pennsylvania at the time of his appointment, but during the tenure of his office he may reside outside the Township only with the approval of the Board of Commissioners. If the Board of Commissioners fails within a reasonable time, not to exceed 60 days after the appointment, to approve the Manager's residence outside the Township, he must immediately become, and during his tenure remain, a resident of the Township.
The salary of the Township Manager shall be fixed by the Board of Commissioners and may be changed from time to time at the discretion of the Board of Commissioners.
[Amended 7-10-1985 by Ord. No. 177]
The Manager shall be the chief administrative officer of the Township, and he shall be responsible to the Board of Commissioners as a whole for the proper and efficient administration of the affairs of the Township. The powers and duties of administration of all Township business shall be vested in the Township Manager unless expressly imposed or conferred by statute upon other Township officers or unless another ordinance changes or modifies the responsibility vested hereunder.
Subject to recall by ordinance of the Board of Commissioners, the powers and duties of the Township Manager shall include the following:
He shall supervise and be responsible for the activities of all municipal departments except as this shall be changed or modified by other law, regulation or ordinance.
He shall be responsible to enforce or ensure the enforcement of work rules adopted by the Board of Commissioners as set forth in Chapter 37, Art. I, of this Code.
He shall, subject to the approval of the Board of Commissioners, hire and, when necessary for the good of the Township, he shall suspend or recommend the suspension of, accept the resignation of or discharge for violation of the work rules or with good cause, subject always to the approval of the Board of Commissioners, any employee under his immediate supervision, provided that:
The Manager shall have authority to suspend the employment of any employee of the Township not covered by a labor contract or civil service regulations for a period of 10 days. His reasons shall be in writing and delivered to the employee. A hearing may be demanded by the employee in accordance with § 30-6B(3)(e), hereof.
Prior approval of the Board of Commissioners shall be obtained before enlarging staff, either by the creation of a new position or increasing the number of employees in the then present categories.
Persons covered by labor contracts or the civil service provisions of the Township Code shall be hired, suspended or discharged in accordance with such provisions or as set forth in § 30-6B(3)(a) above if no procedure is provided.
The Manager shall notify, at once and in writing, each of the Commissioners of any action taken by him under the authority of this subsection.
The Commissioners shall have authority to confirm, alter, modify or reverse any action of the Township Manager. The employee affected may request a hearing within 10 days of suspension before the Commissioners to contest the suspension or recommendation of discharge prepared by the Township Manager. If no hearing is requested, the Board may act without hearing.
The Manager shall otherwise be responsible for keeping the Board of Commissioners advised of labor contract conditions or requirements and shall ensure that the terms of all labor contracts are performed as written and intended.
He shall have the power to fix wages and salaries of the personnel under his supervision within a range previously determined by the Board of Commissioners.
He shall prepare and submit to the Board of Commissioners before the close (no later than October 31) of each fiscal year a recommended budget for the next fiscal year and an explanatory message. In preparing the proposed budget, the Manager shall consult with the head of each department, agency or board or any qualified officer thereof as to estimates of revenues and expenditures and such other supporting data as he requires.
He shall be responsible for the administration of the budget after its adoption by the Board of Commissioners.
He shall, in conjunction with the preparation of the yearly budget, develop long-range fiscal plans to be presented annually to the Board of Commissioners for its review and action.
He shall hold such other municipal offices and head such municipal departments as the Board of Commissioners may from time to time direct.
He shall attend all meetings of the Board of Commissioners and its committees with the right to take part in the discussions, and he shall receive notices of all special meetings of the Board of Commissioners and its committees.
He shall prepare the agenda for each meeting of the Board of Commissioners and supply facts pertinent thereto.
He shall keep the Board of Commissioners informed as to the conduct of Township affairs; submit periodic reports on the condition of the Township finances and such other reports as the Board of Commissioners requests; and make such recommendations to the Board of Commissioners as he deems advisable.
He shall consult with the Solicitor concerning the interpretation of any ordinance, law, regulation or statute that may be applicable and questioned by any person concerning Township business.
He shall submit to the Board of Commissioners as soon as possible after the close of the fiscal year a complete report on the finances and the activities of the Township for the preceding year.
He shall see that the provisions of all franchises, leases, permits and privileges granted by the Township are observed.
He may employ, by and with the approval of the Board of Commissioners, experts and consultants to perform work and to advise in connection with any of the functions of the Township.
He shall, with the consent and direction of the Township Solicitor, attend to the letting of contracts in due form of law, and he shall supervise the performance and faithful execution of same, except insofar as such duties are expressly imposed by statute upon some other Township officer.
With the consent and direction of the Township Solicitor, he shall see that all money owed the Township is promptly paid and that proper proceedings are taken for the security and collection of all the Township's claims.
He shall, with the concurrence of the Solicitor, bring actions before the local Magisterial District Judge to enforce ordinances with summary court penalties or fines.
He shall be the custodian of and provide for the security of all Township documents and records.
He shall be the purchasing officer of the Township, and he shall purchase in accordance with the provisions of the Township Code all supplies and equipment for the agencies, boards, departments and other offices of the Township, provided that all capital expenditures shall be subject to prior approval of the Board of Commissioners. He shall keep an account of all purchases and shall, from time to time or when directed by the Board of Commissioners, make a full written report thereof. He shall also issue rules and regulations, subject to the approval of the Board of Commissioners, governing the procurement of all municipal supplies and equipment.
All complaints regarding the Township or its services shall be referred to the Manager. He, or an officer designated by him, shall investigate all such complaints. The Manager shall thereupon report to the Board of Commissioners if he is unable to satisfactorily dispose of the matter. Any complaint involving serious matters of Township efficiency or the integrity of any employee shall be reported to the Board of Commissioners prior to disposition. The complainant and results of the investigation shall be held confidential by the Township Manager, the Township Commissioners, the Solicitor, and the Chief of Police and/or Fire Chief. Disclosure of the results of the investigation shall be required where any law, rule, regulation or order of court so requires or the Board of Commissioners formally determines that disclosure is appropriate.
He shall make research and investigation into the administrative and governmental functions of various townships and make recommendations to the Board of Commissioners of appropriate ordinances affecting the health, safety, welfare and administration of the Township. He shall establish and maintain appropriate filing systems and efficient administrative procedures for the conduct of business of the Township.
He shall at all times, during his regular working hours, be available for consultation by members of the Board of Commissioners, other officers or employees of the Township, or others by keeping posted in the Township office or by leaving with the Township Clerk or other person in charge of the Township office information as to his whereabouts when performing duties that require his absence from the Township office.
[Added 7-10-1985 by Ord. No. 177]
Unless directed by the Board of Commissioners, no single Commissioner shall deal with the administrative staff without consulting with the Township Manager. No orders, public or private, shall be given to any office employee or employee under the Township Manager's supervision by any elected Commissioner or other elected appropriate Township employee without the specific direction of the Board of Commissioners.
During the absence of the Manager, the normal operating functions of the Township shall be delegated to the appropriate department heads in accordance with such table of organization as established by the Board of Commissioners and in force at the time of the disability or absence of the Manager. Duties of the Manager not so specifically delegated shall be performed by the Board of Commissioners.