A.
The Township Manager shall be the chief administrative officer of
the township.
B.
The Board shall, at its organization meeting on the first Monday of January following each municipal election, appoint a Township Manager for a term of two (2) years or until his successor is appointed, subject to removal pursuant to § C703. In the event of a vacancy in the office of Township Manager, the appointment of a successor shall be for a term expiring on the first Monday of January following the next municipal election. The appointment of a Manager or his successor shall be by an absolute majority vote of the Board.
C.
The Manager shall be selected on the basis of the Board's evaluation
of his administrative training, professional qualifications and experience.
The Manager need not be a township resident when appointed, but must
become a township resident within six (6) months after his initial
appointment and thereafter remain such a resident so long as he is
Township Manager.
D.
The Board shall fix the compensation of the Manager by separate ordinance
or by specific identification of such compensation in the annual budget.
If the Manager is employed pursuant to a contract which sets compensation,
Board approval of that contract by ordinance represents compliance
with this provision. No reduction in compensation shall effect the
Manager then serving during his then current term of office.
E.
During his tenure, the Township Manager shall not have any other employment for compensation without the approval of the Board, nor shall be hold any elective public office or the office of Township Controller or Solicitor. In addition to the prohibitions of § C1107 hereof, and except in the performance of his official duties, the Manager shall not engage in activities in any way related to the election to public office of any public official other than by voting.
|
Commentary: Managers are given two-year terms so that the Board can review that decision regularly. It may be necessary, to induce someone to leave another position, to provide some contractual protection, as provided in § C704. The Manager can be removed at any time, but that removal may trigger severance pay. However, the Board cannot reduce a Manager's pay to drive him out. The Manager is the one township official who should be as insulated from political affairs as possible.
|
A.
The Manager shall be in charge of the administration of all township affairs except those delegated to citizens' groups in accordance with § C1301. In administering the affairs of the township, the Manager shall be solely responsible and subject to the supervision of the Board which shall be effected by official action. He shall have the following powers and duties:
(1)
Carry out all policies established by the Board by ordinance, resolution
or administrative directive.
(2)
Appoint heads of departments, with the advice and consent of the
Board, and suspend any head of department subject to an appeal to
the Board. No appointment shall be for a term longer than that of
the Manager. The Board may suspend or terminate any such appointment
at any time.
(3)
Appoint, suspend or remove other township employees pursuant to the provisions of the personnel system created under Article XI hereof. He may authorize any head of department or the immediate subordinate serving under such head of department to exercise such powers or any of them with respect to his respective subordinates, provided that any such authorized exercise shall be ultimately subject to the Manager's supervision, review and modification.
(4)
Make such reports and recommendations on the administration of township
affairs as the Board or any Board member may request, but all such
reports or recommendations shall be provided to all members of the
Board.
(5)
Direct the activities of all township employees. Unless this Charter
otherwise provides, this responsibility shall be exclusively the Manager's
except where such activity has been specifically directed by official
action of the Board. The Manager may delegate such responsibility
as he deems appropriate to department heads or other township employees,
provided that any such authorized exercise of direction shall be ultimately
subject to the Manager's supervision, review and modification.
(6)
Supervise the development and promulgation of regulations as authorized
by the Board.
(7)
Enforce the ordinances, resolutions and regulations of the township,
the provisions of this Charter and applicable state and federal law.
(8)
Act as the Secretary of the Board and, in that capacity, prepare
the agenda for meetings of the Board and its committees, attend Board
meetings, place such advertisements and give such notices as are required
to be given to the members of the Board and the public, keep the Commissioners
and public informed of relevant township activities and make or cause
appropriate records to be made, preserved and certificated as required
by state law, this Charter or official action of the Board. He shall
attest the execution of all instruments and record all ordinances,
and he shall have custody of the minutes of the Board and the Township
Corporate Seal.
B.
All action of the Township Manager is subject to modification or
reversal at any time by official action of the Board.
By an absolute majority vote, the Board may, by resolution, remove the Manager at any time with or without cause. Upon removal, or nonrenewal of a term, the Board may, by resolution, provide for severance compensation in an amount not exceeding the Manager's salary for six (6) months. Any resolution removing the Manager, providing severance compensation, or both, shall be adopted only in accordance with the procedures set forth for ordinances in Subsections A, B and D of § C501 of this Charter and shall be effective immediately upon enactment, unless a later date is specified in the resolution. If severance compensation is payable under a contract as provided by § C704, severance compensation authorized by this section may not be greater than the amount by which the Manager's salary for six (6) months exceeds the amount he is to receive under that contract.
|
Commentary: Section C703 permits severance compensation for the Manager on removal or nonrenewal. This is at the Board's discretion. Although the Board must and does have an unlimited right to remove him, a Manager can assume that he will usually complete his term. To encourage that result and provide inducement to accept or retain the position, § C704 permits but does not require a contract which can stipulate severance compensation on removal (presumably without cause, although this is left for contract negotiation). A removed Manager can receive more severance compensation under a contract than would otherwise be permitted under § C703. If the contract gives him less, then the Board may authorize a payment which brings aggregate severance compensation up to the maximum § C703 permits. The Board is given the right to pay severance compensation on nonrenewal to provide for those rare situations where a Manager might reasonably have expected renewal, made no other arrangements and then been disappointed by a sudden turn of events.
|
When appointing a Manager, the Board shall have the power to
enter into an employment contract with him for a period not to exceed
his term, which may provide, in the event of his removal, for severance
compensation in an amount not exceeding the lesser of his salary for
the remainder of the term or his salary for one (1) year.
A.
The Manager shall designate in writing, subject to the approval of
the Board, an employee of the township who shall exercise the powers
and duties of the Manager during his absence or disability.
B.
In the event of a vacancy in the office of Township Manager, the Board, by resolution, shall appoint a township employee to serve as Acting Manager until the vacancy is filled pursuant to § C701B hereof.
C.
In the event of the appointment of an Acting Manager pursuant to § C705B or in the event that an employee exercises the Manager's powers and duties pursuant to § C705A, the Board may provide for additional compensation to such Acting Manager or employee above his then salary, provided that his total compensation shall not exceed that theretofore paid to the Manager.
