[Amended 4-9-1996 by Ord. No. 1118]
A. 
Appointment. Council shall appoint a Borough Manager/Secretary for an indefinite term and shall fix his compensation. The Manger/Secretary shall be appointed solely on the basis of his executive and administrative qualifications.
B. 
Powers and duties of the Borough Manager. The Borough Manager shall be the chief administrative officer of the Borough. He shall be responsible to Council for the organization, administration and coordination of all Borough affairs and shall have the following powers and duties in addition to other powers and duties set forth elsewhere in this chapter and ordinances of the Borough:
(1) 
He shall direct and supervise the administration of all Borough departments, offices and agencies, except as otherwise provided by law or this chapter. He shall not exercise any supervision or authority over the Police Department that is vested in the Mayor, other than such duties as may be delegated by the Mayor.
(2) 
He shall conduct regular staff meetings and confer with operating department heads to deal with policy and service delivery matters.
(3) 
He shall, upon recommendation and subject to prior approval by Borough Council, hire, discipline or terminate all Borough employees, consistent with the law and civil service rules and regulations and pursuant to Subsection C of this section.
(4) 
He shall administer a personnel management system and program for all employees, including public employee labor agreements.
(5) 
He shall receive, account for and deposit into the Borough treasury all taxes, fees, assessments or charges that are levied or established by the Borough for general or special purposes. He may negotiate with the School District or other agency with the prior approval of Borough Council to act as a collecting agent for other taxes, as allowed by the law, when such collection shall be in the best interests of the citizens of the Borough, and all fees for such collections shall be paid to the Borough treasury. All funds and fees collected shall be deposited into the Borough treasury no later than the first business day following the day in which they are received.
(6) 
He shall perform the duties of the Secretary of the Borough in causing appropriate records to be made, preserved and certified as required by law, this chapter or other action of Council. He shall attest the execution of all instruments and shall record all ordinances and attest the same by his signature. He shall file and record proof of service of all notices required by law, and his certificate thereof shall be good evidence of such notice. He shall have custody of the Borough Corporate Seal and all official Borough records. He shall deliver to his successor the Seal and all books, papers and other records and things belonging to the Borough.
(7) 
He shall attend all meetings of Borough Council and shall keep full minutes of its proceedings, he shall transcribe the bylaws, rules, regulations and ordinances adopted into a book kept for that purpose. The Borough shall furnish the Manager/Secretary with such dockets, books, forms and files as are necessary for the conduct of his office, such dockets, books, forms and files to be and remain the property of the Borough.
(8) 
He shall attend all Council meetings and meetings of its committees and may take part in discussions, but he shall not vote. He shall prepare the agenda of each Council meeting subject to the right of Council President to authorize deviation from the business listed on the agenda. He shall post the agenda at the Borough bulletin board at least 24 hours before the meeting.
(9) 
He shall, in consultation with the Chairman of the Administration and Finance Committee and the Borough Auditor, prepare and submit to Council on or before November 1 of each year, or on such alternate dates as Council shall determine, a budget for the next fiscal year and all explanatory budget message. In preparing the budget, he shall obtain from the head of each department, agency, board, commission, committee or officer estimates of revenues and expenditures and other supporting data as he requires. He shall review such estimates and may revise them before submitting the budget to Council.
(10) 
He shall be responsible for the administration of the budget after its adoption by Council.
(11) 
He shall submit to Council, as soon as possible after the close of the fiscal year, and make available to the public, a complete report on the financial and administrative activities of the Borough for the preceding year.
(12) 
He shall keep Council informed as to the conduct of Borough affairs, submit monthly reports on the condition of the Borough finances and such other reports as Council shall request, advise and consult Council on matters regarding policy formulation and implementation, and shall make such recommendations to Council as he deems necessary.
(13) 
He shall attend to the letting of contracts in due form of law, and he shall supervise the performance of the same, except insofar as such duties are expressly imposed upon some other Borough officer by law.
(14) 
He shall have the duty, through the proper departments or subordinates, to enforce the ordinances and regulations of the Borough, including building and housing codes adopted by Council.
(15) 
He shall have the duty to present to the proper and authorized Borough officials such papers, contracts, obligations and documents that are properly presented to him as required by law for due execution by said officials.
(16) 
With the consent of Council, he shall have the authority to represent the Borough in deliberations with other governmental bodies or councils, subject to final ratification by Council of any action taken.
(17) 
He shall have the authority, subject to the final ratification of Council, to negotiate intergovernmental cooperation agreements pursuant to the Constitution of the Commonwealth.
(18) 
He shall be the purchasing officer of the Borough and he shall purchase, in accordance with the provisions of the Borough Code and this chapter, all supplies and equipment for the various agencies, boards, departments and other offices of the Borough. He shall keep an account of all purchases and shall make a full monthly written report thereof.
(19) 
He shall institute and maintain an effective procedure for responding to citizen concerns and requests for information.
(20) 
He shall investigate all legitimate complaints concerning Borough affairs, problems and personnel and, when appropriate, take corrective action. He shall keep a record of all complaints investigated and the action, if any, taken on the same.
(21) 
He shall prepare and bring to the attention of Council plans for the improvement of the Borough.
(22) 
He shall cooperate with, aid and assist the designated Council committee chairpersons.
(23) 
He shall be responsible for economic development activities in the Borough.
(24) 
He shall develop and administer a risk management program.
(25) 
He may, subject to the prior approval of Borough Council, employ experts and consultants to perform work and to advise in connection with any of the functions of the Borough.
(26) 
In the event of the declaration of a state of emergency by the Mayor and/or Borough Council by reason of the necessity to suppress mobs, riots or tumultuous assemblies, or to give aid and relief as the result of any disaster or other emergency, the Borough Manager, in consultation with the Chairman of the Council's Public Safety Committee, the Emergency Management Team and the Mayor, shall implement such action as is determined to be warranted under the circumstances.
C. 
Borough Manager's powers and duties concerning hiring, discipline and termination of Borough employees.
(1) 
Except as otherwise provided by law, the Borough Manager shall recruit, interview and make recommendations to Borough Council as to the hiring of any Borough employee, following which Borough Council shall determine the candidate to be hired.
(2) 
Subject to the requirements of law, the Borough Manager shall make recommendations to Borough Council for any disciplinary action against any Borough employee after seeking the advice of the Solicitor, following which Borough Council shall determine the nature and type of disciplinary action to be imposed.
D. 
Removal. Council may remove the Manager/Secretary at any time with or without cause.
A. 
Appointment. For the audit of each fiscal year, all accounts of the Borough shall be examined, audited and settled by an independent auditor, who shall be a certified public accountant registered in Pennsylvania, a firm of certified public accountants so registered or a competent public accountant or a competent firm of public accountants.
B. 
Annual appointment. Such independent auditor shall be appoint annually, by resolution, in accordance with the Borough Code before the close of the fiscal year, to make an independent examination of the accounting records of the Borough for such fiscal year.
C. 
Powers and duties. Such independent auditor shall have, possess and exercise all the powers and shall perform all the duties as provided in the Borough Code.
D. 
Compensation. The compensation for the independent auditor shall be determined by Council and paid out of Borough funds.
A. 
Appointment and compensation. Council shall appoint a Solicitor for an indefinite term. The Solicitor's compensation shall be determined by Council and paid out of Borough funds.
B. 
Qualifications. The Solicitor may be either an individual or firm of attorneys in good standing and active legal practice in the commonwealth.
C. 
Duties. The Solicitor shall render such legal services as may be necessary or desirable for the best interests of the Borough. Council may employ special counsel other than the Solicitor to render legal services in connection with any legal matter involving the Borough or its officials, boards, commissions or committees.