Borough of Zelienople, PA Chapter 40 Manager

[HISTORY: Adopted by the Borough Council of the Borough of Zelienople 3-31-2014 by Ord. No. 833-14[1]. Amendments noted where applicable.]

[1] Editor’s Note: This ordinance also repealed former Ch. 40, Manager, adopted 6-14-1993 by Ord. No. 689 (Ch. 1, Part 1, of the 1995 Code).

§ 40-1 Position created.

The position of Borough Manager is hereby created. The position is subject to the following provisions.

A. The Manager shall be appointed for an indefinite time by a majority of all members of Council.

B. Council shall fix the compensation of the Borough Manager.

C. Council may enter into an employment agreement with the Manager setting forth the terms and conditions of employment. However, he/she shall, at all times, serve at the pleasure of the Borough Council and may be removed at any time by a majority vote by Borough Council; provided, at least 30 days before such removal is to become effective, the Council shall furnish the Manager with a written statement setting forth its intentions to remove him/her.

D. The Borough Manager is hereby precluded and prohibited from accepting any gifts or gratuities in any amount from any individual or corporation which sells, supplies or markets equipment, goods or services to the Borough or who, at any time hereafter, may sell or supply equipment, goods or services to the Borough.

E. The Borough Manager is precluded from obtaining any outside employment except under the following circumstances:

(1) The outside employment will not in any fashion interfere with his/her functioning as Borough Manager or conflict with his/her attendance at Borough Council meetings, regular or special, or committee meetings.

(2) Prior approval must be obtained from Borough Council.

§ 40-2 Qualifications.

The Borough Manager shall be chosen solely on the basis of administrative and executive abilities. Special attention will be paid to training and/or experience in municipal management or reference made to the duties of the office as hereinafter set forth. The Manager may not be a resident to the Borough of Zelienople or the Commonwealth of Pennsylvania at the time of appointment; however, the Manager must become a resident of the Borough of Zelienople within six months of his/her appointment. Upon application to Council and with Council's approval, this period may be extended up to an additional six months. The residency requirement may be waived upon council approval.

§ 40-3 Bond.

The Borough Manager, before taking office and each year thereafter, shall provide to the Borough a fidelity bond with a corporation license to do business in the Commonwealth of Pennsylvania as surety, in the amount of $250,000. Said bond shall be conditioned upon the faithful performance of the Borough Manager's duties. The premium of said bond is to be paid by the Borough.

§ 40-4 General powers and duties of Borough Manager.

The Manager shall be the Chief Administrative Officer of the Borough and he/she shall be responsible to the Borough Council as a whole for the proper and efficient administration of the affairs of the Borough. The Manager will also serve as the Borough Secretary for the purpose of attesting and affixing the Borough seal to any and all documents executed by the Borough which require such authentication. The Borough Manager shall be charged with enforcement of all laws and ordinances within the Borough insofar as the enforcement is within the power of the Borough and has not been delegated by ordinance or resolution to other employees. The Borough Manager's power and duties extend to the general management of all Borough business not expressly by statute or ordinance imposed or conferred upon other Borough officers or employees.

§ 40-5 Specific powers and duties of Borough Manager.

The powers and duties of the Borough Manager shall include the following:

A. Be responsible to the Council for carrying out all policies and programs established by Council.

B. Supervise and be responsible for the activities of all municipal departments.

C. The Manager may head one or more municipal departments as the Borough Council may, from time to time, direct.

D. Hire, suspend or discharge all employees under the Manager's supervision; provided that persons covered by the civil service provisions of the Borough Code shall be hired, suspended or discharged in accordance with such provisions. Except for the suspension of an employee with pay, the Manager shall consult with, and obtain the prior approval of, Borough Council for any action to hire, suspend, or discharge an employee.

E. The Manager shall prepare and submit to Council a budget for the next fiscal year with an explanatory budget message. The budget message shall provide in narrative form information concerning the fiscal plan emphasizing the significant changes in revenues and/or expenditures any specific programs, or projects in the budget. Said budget shall be submitted to Council at such times and in such fashion as to comply with the provisions of the Borough Code for the proper and timely enactment and approval of said budget. In preparing the budget the Manager, or an officer designated by him, shall obtain from the head of each department, agency, board, or office estimates of revenues and expenditures and other supporting data as the Manager requests. The Manager shall review and may revise such estimates before submitting the budget to Borough Council.

F. The Manager shall recommend to the Borough Council a schedule of compensation for each appointed office and position in the Borough's service.

G. The Borough Manager shall attend all meetings of the Borough Council and its committees with the right to take part in the discussions. The Manager shall receive notice of all special meetings of Council and its committee.

H. The Manager shall prepare the agenda for each meeting of Council, and supply facts pertinent thereto.

I. The Manager shall state a Manager's report at each meeting of the Borough Council, providing information as to the conduct of the Borough's affairs and condition of the Borough's finances, and make such other reports as the Borough Council requests with recommendations to the Borough Council as the Manager may deem necessary.

J. The Borough Manager shall submit to Borough Council, as soon as possible at the close of the fiscal year, a complete report on the finances and the administrative activities of the Borough for the preceding year. Should Borough Council elect to have a complete audit performed on the Borough's finances, the Manager will cooperate fully and completely with the auditors in providing them information necessary for the completion of the audit.

K. The Manager, in conjunction with the preparation of the yearly budget, shall prepare a long-range fiscal plan and capital improvement plan for the Borough. The fiscal plan and capital improvement plan will set forth the proposals in increments of two years and five years. Such plans are to be presented annually to the Council for its review and adoption.

L. The Manager may employ experts and consultants to perform work and to advise in connection with any of the functions of the Borough; however, the Manager may not expend an amount in excess of $2,500 for this purpose. The Manager may make capital purchases not to exceed $1,000 per item, providing the Manager advises Borough Council of each such purchase. The Manager shall have the power to purchase ordinary maintenance supplies and equipment for the use of the Borough subject to the bidding provisions of the Borough Code. The Borough Manager shall see that the provisions of all franchises, leases, permits and privileges granted by the Borough are observed.

M. The Borough Manager shall attend to the letting of contracts in due form of law.

N. The Borough Manager shall see that all monies owed the Borough are promptly paid and that proper proceedings are taken for the security and collection of all the Borough's claims.

O. The Borough Manager shall keep a current inventory showing all real and personal property of the Borough and its location and shall be responsible for the care, custody and maintenance of all such property, including equipment, buildings, parks and other Borough property which is not by statute, ordinance or resolution assigned to some other officer for care or control.

P. The Borough Manager shall cooperate with Borough Council at all times and in all matters so that the best interest of the general public may be maintained.

Q. All complaints regarding services or personnel of the Borough shall be referred to the Borough Manager. He/she, or an officer designated by him/her, shall investigate and dispose of such complaints, and the Manager shall report thereon to Council.

R. The Borough Manager shall be considered the chief financial officer for the pension plan and is hereby authorized to execute all documents in connection therewith; however the Borough Council will retain ultimate authority for the administration of the Borough's pension plans.

S. Except when provided otherwise in a collective bargaining agreement, the Borough Manager shall hear and resolve employee grievances in accordance with the Borough's policies and procedures.

§ 40-6 Mayor's powers and duties.

The Mayor is hereby authorized to delegate to the Borough Manager, subject to revocation by written notification at any time, any of his/her nonlegislative and nonjudicial powers and duties.

§ 40-7 Relation to Council.

Neither the Council, its members, nor its committees shall dictate or influence or attempt to dictate or influence the hiring of any person to, or his discharge from, municipal employment by the Manager or in any manner take part in the hiring, suspending or discharging of employees in the administrative service of the Borough except as required by the civil service provisions of the Borough Code. Other than for the purposes of inquiry, Council or any of its members shall deal with the administrative service solely through the Borough Manager, and neither the Council nor any of its members, or any of Council's committees or its members shall give orders - publicly or privately - to any subordinate of the Manager. However, nothing shall prevent the Council from establishing a committee of its own members to review the operations and legislative needs of the Borough departments, or from assigning its members to liaison relationships with board, commissions and authorities.

§ 40-8 Disability or absence of Manager.

If the Borough Manager becomes ill or needs to be absent from the Borough for any period of time, he/she shall designate a qualified member of his/her staff who shall perform the duties of Manager during his/her absence or disability. The person so designated shall not perform these duties for a period longer than two weeks without the approval of Borough Council. Council, by a majority vote may, at any time, revoke such designation and appoint a qualified employee to serve as acting Manager.