[HISTORY: Adopted by the Board of Commissioners of the Township of Pocono as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-4-2014 by Ord. No. 2014-03]
The following words and phrases, when used in this article, shall have the meanings ascribed to them in this section:
- A partnership, limited partnership or any other form of unincorporated enterprise, owned or conducted by two or more persons other than a private trust or decedent's estate.
- A corporation, joint-stock association, business trust or banking institution which is organized under the laws of this commonwealth, the United States or any other state, territory, foreign country or dependency.
- Every natural person, association or corporation.
- TAX COLLECTOR
- The duly elected Tax Collector of the Township of Pocono, Monroe County, Pennsylvania.
- The Township of Pocono, Monroe County, Pennsylvania.
- The duly appointed Treasurer of the Township of Pocono, Monroe County, Pennsylvania.
The Tax Collector shall be the collector of all taxes levied within the Township by the Board of Commissioners empowered to levy taxes. The Tax Collector shall, in addition to the powers, perform all duties and be subject to all the obligations and responsibilities for the collection of such taxes as are now vested and conferred upon or imposed upon by the First Class Township Code.
The Tax Collector shall, on a regular and timely basis, provide the Treasurer with a true, verified statement, in writing, for all taxes collected during the period.
Such statement shall set forth the names of the taxable person, the amount collected from each person, the discounts granted or penalties assessed to each person, if any, and the total amount of taxes received, discounts granted and penalties applied.
The statement shall be submitted to the Treasurer on a Tax Collector's report form provided by the Township.
The Tax Collector shall prepare an annual statement summarizing the taxes collected for the year. The annual statement shall be submitted to the Treasurer on or before the 31st day of January of each year. The annual statement shall be submitted to the Treasurer on the annual report form provided by the Township.
Within 60 days after the close of each calendar year, the Tax Collector shall file an annual report as required by law.
The Tax Collector shall provide written tax certifications concerning the payment or nonpayment of Township taxes upon request by the public.
The Tax Collector, with the approval of the Board of Commissioners, may appoint a Deputy Tax Collector, in accordance with Section 22 of the Local Tax Collection Law, 72 P.S. § 5511.22.
The compensation to be paid to the Tax Collector for the collection of taxes assessed and levied in the Township of Pocono is hereby fixed at a salary of $10,000 per year.
The Township shall establish the bonding requirement for the Tax Collector and payment thereof by resolution of the Board of Commissioners from time to time and pursuant to the Pennsylvania First Class Township Code and all other applicable laws.
The Township may provide space in the Municipal Building for use by the Tax Collector.
The Township will pay for reasonable expenses of telephone and postal services, office supplies, photocopying and printing associated with the business of tax collection, upon approval of a purchase order and receipt of an invoice.
The Tax Collector or its designee may assess, collect and retain as compensation for providing certification of payment or nonpayment of Township taxes a fee as established from time to time by resolution of the Board of Commissioners.
[Amended 8-6-2018 by Ord. No. 2018-08]
[Adopted 8-6-2018 by Ord. No. 2018-10]
Editor's Note: This ordinance repealed former Art. II, Manager, adopted 11-21-2016 by Ord. No. 2016-05.
This article shall be known as the "Township Manager Ordinance of Pocono Township."
The Office of the Township Manager is hereby created pursuant to the First Class Township Code, subject to the right of the Township, by ordinance, at any time to abolish such officer.
As soon as practicable after the enactment of this article, the Township Commissioners shall elect, by a majority vote of all its members, one person to fill the Office of Township Manager, who shall begin his or her term of office upon his or her appointment or as soon thereafter as possible, and he or she shall serve until the first Monday of January of the even-numbered year succeeding his or her appointment unless and until his successor is elected and qualifies. Said office shall be filled biennially thereafter. In case of a vacancy, the Commissioners shall fill said office by majority vote of all members. The Township Manager shall, however, be subject to removal at any time by a majority vote of all the members of the Board of Commissioners.
The Township Manager shall be chosen solely on the basis of his or her executive and administrative qualifications, with special reference to his or her actual experience in or his or her knowledge of accepted practices in respect to the duties of the office as herein outlined. The Township Manager need not be a resident of the Township or of the State of Pennsylvania at the time of his or her appointment, but should reside within close proximity so as to be available to the Township for the performance of unusual duties as well as emergency duties. No Commissioner shall be appointed as Township Manager during his or her term for which he or she shall have been elected nor within one year after the expiration of his or her term. The Township Manager shall have no interest in contracts of the Township, shall not be in debt to the Township and shall not at the time of his or her appointment be related to any of the Township Commissioners.
Before entering upon his or her duties, the Township Manager shall give a bond to the Township with a bonding company as surety, in an amount as amended from time to time by resolution, conditioned for the faithful performance of his or her duties, premium for the said bond to be paid for by the Township of Pocono. The bond of the Township Manager may be included in, and the Manager may be bonded under and covered by the blanket bond now in force and effect for all Township employees in the aforesaid amount, as amended from time to time by resolution.
The Township Manager shall receive such compensation as shall be fixed from time to time by resolution or through contract.
The Manager shall be the Chief Administrative Officer of the Township, and he or she shall be responsible to the Board of Commissioners as a whole for the proper and efficient administrations of the affairs of the Township. His or her powers and duties shall relate to the general management of all Township business not expressly by statute or ordinance imposed or conferred upon other Township officers.
Subject to recall by ordinance, the powers and duties of the Manager shall include the following:
He or she shall supervise and be responsible for the activities of all Township Departments, unless the Board of Commissioners shall have taken previous action to the contrary.
He or she shall appoint and, when he or she shall deem it necessary for the good of the Township, shall suspend or discharge, all employees under his or her supervision; provided, nevertheless, that persons covered by the Civil Service provisions of the First Class Township Code shall be appointed, suspended or discharged in accordance with such provisions. Prior to appointing, suspending or discharging any employee, the Township Manager shall provide the Board of Commissioners with written notice of his or her intention to take such action, which notice shall include an independent, professional, written rationale therefor. Such notice shall be given to the Board of Commissioners not less than 48 hours in advance of a regular public meeting of the Board of Commissioners which is held prior to the Township Manager taking such action; provided, nevertheless, that the Township Manager may temporarily suspend any employee under his or her supervision, with or without pay or other compensation, when he or she shall deem such temporary suspension necessary for the good of the Township, without providing prior notice to the Board of Commissioners. In the event of such temporary suspension, he or she shall notify the Board of Commissioners of the same and the reasons therefor, in writing, within 48 hours. In the event the Township Manager shall deem the creation of a new position of employment or the appointment of any additional employees to current positions of employment to be necessary for the good of the Township, he or she shall obtain the prior approval of the Board of Commissioners therefor; provided, nevertheless, that the selection of the person for such new position or of such additional employees shall be the responsibility of the Township Manager subject to the provisions of this subsection. No person shall be appointed by the Township Manager to fill any vacancy in any position of employment at a rate of pay which is more than 10% higher than that received by the previous employee holding such position without the prior approval of the Board of Commissioners.
He or she shall prepare and submit to the Board of Commissioners before the close of the fiscal year or on such alternate date as the Board of Commissioners shall determine, but no later than September 30, a budget for the next fiscal year and an explanatory budget message. In preparing the budget, the Manager, or an officer designated by him or her, shall obtain from the head of each department, agency, board or officer, estimates and may revise them before submitting the budget to the Board of Commissioners.
He or she shall be responsible for the administration of the budget after its adoption by the Board of Commissioners.
He or she shall, under the direction of the Board of Commissioners, execute and enforce the nonpenal laws of the commonwealth and nonpenal ordinances, resolutions and bylaws of the Township, and he shall establish necessary procedures and forms, violation notices and other documents.
He or she shall attend all meetings of the Township Board of Commissioners and of its committees, with the right to take part in the discussion and he or she shall receive notice of all regular and special meetings of the Board of Commissioners and of its committees.
He or she shall prepare the agenda for each meeting of the Board of Commissioners and supply facts pertinent thereto.
He or she shall keep the Board of Commissioners informed as to the condition of the Township affairs, submit periodic reports on the condition of the Township finances and such other reports as the Board of Commissioners shall request and shall make such recommendations to the Board of Commissioners as he or she deems necessary.
He or she shall submit to the Board of Commissioners, as soon as possible after the close of the fiscal year, a complete report on the financial and administrative activities of the Township for the preceding year.
He or she shall see that the provisions of all franchises, leases, permits and privileges granted by the Township are observed.
He or she 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.
He or she shall attend to the letting of contracts in due form of law, and he or she shall supervise the performance and faithful execution of the same except insofar as such duties are expressly imposed upon some other Township officer by statute.
He or she 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.
He or she shall be purchasing officer of the Township and he or she shall purchase, in accordance with the provisions of the Township Code, all supplies and equipment for the various agencies, boards, departments and other offices of the Township. He or she shall have authority to make purchases without prior approval of the Board of Commissioners to the extent and within the limitations established from time to time by resolution of the Board of Commissioners and/or as established in the current year budget except as authorized by such resolution, shall make purchases only upon and with the prior approval of the Board of Commissioners. He or she 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 or she shall also issue rules and regulations subject to approval of the Board of Commissioners governing the requisition and purchasing of all Township supplies and equipment.
All complaints regarding services or personnel of the Township shall be referred to the Office of the Manager. He or she, or an officer designated by him or her, shall investigate and dispose of such complaints and the Manager shall report thereon to the Board of Commissioners, in writing.
Assist citizens by informing them of Township rules and laws, explaining laws, explaining procedures, hearing complaints and either resolving them or referring them to the responsible official.
Periodically review existing job classifications and salary ranges of all Township employees and present recommendations for additions, changes or modifications to the Board of Commissioners.
Be responsible for the annual review and evaluation of all Township employees and/or final review and evaluations delegated to others in supervisory positions. The Township Manager shall be responsible for the review and evaluation of Township department heads and report findings to the Board of Commissioners for their information.
Make recommendations to the Board of Commissioners on operations, policies, resolutions, ordinances, proclamations and other matters for the good of the Township.
Work with the county, state and federal government on projects and obtaining financing and grants for the Township.
Work with the Township Engineer and/or the Township Solicitor on Township matters as the need arises.
He or she shall assist the Board of Commissioners in the preparation of short- and long-term planning for the Township.
He or she shall manage, supervise, and oversee projects undertaken by the Township.
He or she shall perform such other duties as may be required by the Board of Commissioners not inconsistent with the First Class Township Code, the law relating thereto and ordinances of the Township.
Neither the Board of Commissioners nor any of its members shall publicly or privately influence or attempt to influence the decision of the Township Manager relating to the appointment, suspension or discharge of any Township employee, except as may be necessary to ensure that the written employment policies of the Township and the requirements of law are duly complied with, request or require the Township Manager to interview or otherwise consider for appointment any specific employment applicant or otherwise exert influence to gain, or attempt to gain, preferential treatment on behalf of any such applicant or request or require the Township Manager to suspend or discharge any Township employee. For the purpose of assuring a clear line of administrative authority, neither the Board of Commissioners nor any of its members shall give orders or directives, publicly or privately, directly to any Township employee under the supervision of the Township Manager. All orders and directives of the Board of Commissioners shall be issued at a duly convened public meeting and shall be given to the Township Manager for execution. While other communications between members of the Board of Commissioners and Township employees should ordinarily take place in the form of inquiry to the Township Manager for further communication to the heads of Township departments and from the heads of Township departments to subordinate employees, for reply by the Township Manager to the Board of Commissioners, the members of the Board of Commissioners shall have the right, for the purposes of inquiry and information exchange, to communicate with Township employees under the supervision of the Township Manager and such employees shall have the right to communicate with the members of the Board of Commissioners for such purposes. Any official action resulting from such communication shall be taken at a duly convened public meeting of the Board of Commissioners following reasonable notice to and receipt of independent, professional written recommendations from the Township Manager. In the event any member of the Board of Commissioners becomes aware of circumstances pursuant to which a Township employee may be suspended or discharged from his or her employment with the Township, such member shall not communicate with such employee with respect to such circumstances except at a duly convened meeting of the Board of Commissioners.
In case of illness or absence of the Manager from the Township, the Board of Commissioners shall designate the replacement who shall perform the duties of the Manager during his or her absence or disability.
If any section, subsection or sentences, clause or phrase of this article is for any reason held invalid, such decision or decisions shall not affect the validity of the remaining portions of this article. All ordinances of the Township prescribing the duties of heads of departments shall remain in full force and effect insofar as they do not conflict with the provisions of this article in which case the provisions of this article shall govern.
Pocono Township Ordinance No. 2016-02 and Pocono Township Ordinance No. 2016-05 are hereby repealed. Said repeal to be effective upon the effective date of this article as set forth in § 28-19.
This article shall be effective five days after enactment.