[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.]
GENERAL REFERENCES
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.
[1]
Editor’s Note: Former § 30-4, Bond, was repealed
8-8-2018 by Ord. No. 2018-05.
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]
A.
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.
B.
Subject to recall by ordinance of the Board of Commissioners, the
powers and duties of the Township Manager shall include the following:
(1)
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.
(2)
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.
(3)
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:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(4)
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.
(5)
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.
(6)
He shall be responsible for the administration of the budget after
its adoption by the Board of Commissioners.
(7)
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.
(8)
He shall hold such other municipal offices and head such municipal
departments as the Board of Commissioners may from time to time direct.
(9)
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.
(10)
He shall prepare the agenda for each meeting of the Board of Commissioners
and supply facts pertinent thereto.
(11)
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.
(12)
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.
(13)
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.
(14)
He shall see that the provisions of all franchises, leases, permits
and privileges granted by the Township are observed.
(15)
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.
(16)
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.
(17)
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.
(18)
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.
(19)
He shall be the custodian of and provide for the security of all
Township documents and records.
(20)
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.
(21)
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.
(22)
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.
(23)
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.
