[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.