Borough of Tamaqua, PA Chapter 41 Manager

[HISTORY: Adopted by the Borough Council of the Borough of Tamaqua 9-28-1961 by Ord. No. 251 (Ch. I, Part 2, of the 1971 Code of Ordinances). Amendments noted where applicable.]

§ 41-1 Creation of office.

The office of Borough Manager is hereby created by the Borough of Tamaqua.

§ 41-2 Appointment and removal.

[Amended 4-13-1971 by Ord. No. 304(10)]

The Manager shall be appointed by a majority of all the members of the Council and he shall serve at the pleasure of the Council. He may be removed at any time by a majority vote of all its members. At least 30 days before such removal becomes effective, the Council shall furnish the Manager with a written statement setting forth its intention to remove him and the reasons therefor.

§ 41-3 Qualifications.

The Manager shall be chosen solely on the basis of his executive and administrative abilities, with special reference to his actual experience in or his knowledge of accepted practices in respect to the duties of his office as herein outlined. The Manager need not be a resident of the Borough or of the State of Pennsylvania at the time of his appointment, but as soon as possible thereafter he shall become and during his tenure shall remain a resident of the Borough.

§ 41-4 Manager's bond.

[Amended 4-13-1971 by Ord. No. 304(10)]

The Manager shall give bond, in such sum as the Council shall direct, with surety approved by the Council.

§ 41-5 Manager's compensation.

[Amended 4-13-1971 by Ord. No. 304(10); 3-18-1975 by Ord. No. 345]

The compensation of the Manager shall be fixed by the Council from time to time.

A. In the event the Borough Manager finds it necessary to take a leave of absence, with the consent and approval of Council, for a period of more than two weeks, he shall receive reasonable compensation for any services that may be rendered in an advisory or consultant capacity.

B. In the event the Borough Manager should become ill or disabled and be unable to perform the full services of the Manager's office for a period of more than two weeks, he shall receive disability pay in an amount and for a period of time which is deemed fair in the discretion of Council, provided he has been employed in the capacity as Borough Manager for a period of one year or more.

§ 41-6 Powers and duties of Manager.

[Amended 4-13-1971 by Ord. No. 304(10)]

A. The Manager shall be the chief administrative officer of the Borough and he shall be responsible to the Council as a whole for the proper and efficient administration of the affairs of the Borough. His powers and duties shall relate to the general management of all Borough business not expressly by statute imposed or conferred upon other Borough officers.

B. Subject to recall by ordinance of Council, the powers and duties of the Borough Manager shall include the following:

(1) He shall supervise and be responsible for the activities of all municipal departments.

(2) He shall hire and, when necessary for the good of the service shall suspend or discharge all employes under his 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; provided further, that the Manager shall report, at the next meeting thereafter of Council, any action taken by authority of this subsection.

(a) He shall not increase the number of employes over the present number at the time of adoption of this amendment without the approval of Council.

(3) He shall prepare and submit to Council before the close of the fiscal year, or on such alternate date as Council shall determine, a budget for the next fiscal year and an explanatory budget message. In preparing the budget the Manager, or an officer designated by him, shall obtain from the head of each department, agency, board, or officer, estimates of revenues and expenditures and other supporting data as he requests. The Manager shall review such estimates and may revise them before submitting the budget to the Council.

(4) He shall be responsible for the administration of the budget after its adoption by the Council.

(5) He shall hold such other municipal offices or head one or more of the municipal departments as the Council shall from time to time direct.

(6) He shall attend all meetings of Council and its committees with the right to take part in the discussion and he shall receive notice of all special meetings of Council or its committees.

(7) He shall prepare the agenda for each meeting of Council and supply facts pertinent thereto.

(8) He shall keep the Council informed as to the conduct of Borough affairs; submit periodic reports on the condition of the Borough finances and such other reports as the Council, requests; and make such recommendations to the Council as he deems necessary.

(9) He shall submit to Council, as soon as possible after the close of the fiscal year, a complete report on the financial and administrative activities of the Borough for the preceding year.

(10) He shall see that the provisions of all franchises, leases, permits, and privileges granted by the Borough are observed.

(11) He may employ, by and with the approval of Council, experts and consultants to perform work and to advise in connection with any of the functions of the Borough.

(12) He shall attend to the letting of contracts in due form of law, and he shall supervise the performance and faithful execution of the same except insofar as such duties are expressly imposed upon some other Borough officer by statute.

(13) He shall see that all money owed the Borough is promptly paid and that proper proceedings are taken for the security and collection of all the Borough's claims.

(14) He shall be the Purchasing Officer of the Borough and he shall purchase, in accordance with the provisions of the Borough Code, all supplies and equipment for the various agencies, boards, departments, and other offices of the Borough; provided, however, that he shall not make any purchase over the total amount of $500 without the prior approval of Council. He shall keep an account of all purchases and shall, from time to time or when directed by Council, make a full written report thereof. He shall also issue rules and regulations, subject to the approval of Council, governing the requisition and purchasing of all municipal supplies and equipment.

(15) All complaints regarding services or personnel of the Borough shall be referred to the office of the Manager. He, or an officer designated by him, shall investigate and dispose of such complaints, and the Manager shall report thereon to Council.

§ 41-7 Mayor's powers and duties.

[Amended 4-13-1971 by Ord. No. 304(10)]

With approval of the Council, the Mayor may delegate to the Manager any of his nonlegislative powers and duties.

§ 41-8 Limitation on Council's powers.

Neither the Council nor any of its committees or members thereof shall dictate or attempt to dictate the hiring of any person to, or his discharge from, 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 to do so by the civil service provisions of the Code. Except for the purpose of inquiry, the Council, its committees, and its members shall deal with the administrative service solely through the Borough Manager and neither the Council nor any of its members shall give orders, publicly or privately, to any subordinates of the Manager.

§ 41-9 Disability or absence of Manager.

If the Manager becomes ill or needs to be absent from the Borough, he shall designate one qualified member of his staff who shall perform the duties of the Manager during his absence or disability. The person so designated shall not perform these duties for a period longer than two weeks without the approval of the Council.