Borough of Aldan, PA Officers and Employees

Office of Borough Manager.

Borough Council does, by its action this date, create the Office of Borough Manager.

If Council so chooses in the future, at its discretion, to abolish this office, it may do so simply by the enactment of a new ordinance.

Terms of office of Borough Manager.

(1)

Generally, the Borough Manger serves solely and exclusively at the discretion of Borough Council.

(2)

A Borough Manager may be appointed upon either a simple motion and majority vote of Borough Council or through the enactment of a resolution, again by a simple majority vote of a quorum of the Borough Council.

Termination. Except as set forth within Subsection D, below, the Borough Manager serves at the complete discretion of Borough Council and may be terminated, at any time, by a simple majority vote of Borough Council upon an appropriate motion. Borough Council has no duty or responsibility to set forth its reasons for the dismissal or termination of the Borough Manager.

Employment agreements.

(1)

The Borough, acting by and through the Borough Council, may enter into an employment agreement with the Borough Manager that specifies the terms and conditions of employment.

(2)

The employment agreement may remain in effect for a specified period of time, terminating no later than two years after the effective date of the agreement or the date of the next organizational meeting of the Borough Council following the next municipal election, whichever occurs first.

(3)

Such an employment agreement may specify conditions where the Borough Manager shall be entitled to severance compensation, but in no event may the employment agreement guarantee employment through the term of the agreement or confer upon the Borough Manager any legal remedy based upon specific performance.

(4)

An employment agreement with the Borough Manager executed on or after a municipal election, but before the organizational meeting in January the year following the municipal election, shall be void.

(5)

Nothing in this section, nor within this article, shall change or alter the innate authority and power of Borough Council to terminate the Borough Manager at its discretion, irrespective of the terms of an employment agreement.

The powers and duties of the Borough Manager shall be as follows:

(1)

The supervision and responsibility for the activities of all Borough employees and Borough departments, with the exception of the following:

(a)

The Aldan Borough Police Department.

(b)

All officials appointed by Borough Council, including, but not limited to, the Treasurer, the Borough Engineer, the Borough Solicitor, members of any boards or commissions, the Zoning Officer, the Building Code Official, and the Tax Collector (who is independently elected).

(2)

To hire when necessary for the good of public service or to suspend or discharge any part-time employees or recommend or discharge or hiring of full-time employees within the Borough Manager's supervision. The Borough Manager shall report at the next meeting of Borough Council any action taken by authority of this subsection. The Borough Manager is authorized to suspend any part-time or full-time employee for up to five working days without the consent of Borough Council or the governing committee.

(3)

Recommend the wages and salaries of all personnel under the supervision of the Borough Manager.

(4)

To oversee the inspection and maintenance of Borough streets, buildings, parks and facilities.

(5)

Shall attend all meetings of Borough Council and its committees, with the right to take part in discussion and any deliberations. Further, the Borough Manager shall receive notice of all special meetings of Borough Council or any of its committees.

(6)

Shall keep Borough Council informed as to the conduct of Borough affairs; submit periodic reports on the conditions of the Borough and such other reports as Council or any of its committees may request or require, as well as to suggest such recommendations to Borough Council as the Manager deems prudent, reasonable, and advisable.

(7)

May employ, by and with the approval of Borough Council, experts or consultants to perform work and to advise in connection with any of the functions of the Borough.

(8)

Shall attend to the letting of contracts in due form of law, and shall supervise the performance and faithful execution of such contracts, except insofar as such duties are expressly imposed upon other Borough officials, such as the Borough Engineer. Further, any and all contracts entered into or let by the Borough Manager must be approved for form and content by the Borough Solicitor.

(9)

Shall be the purchasing officer of the Borough, and shall purchase, in accordance with the provisions of the Pennsylvania Borough Code, all supplies, including office supplies, and equipment for the agencies, commissions, departments and other offices of the Borough within the supervision and control of the Manager. The Borough Manager shall also institute rules and regulations, subject to the approval of Borough Council, governing the procurement of all municipal supplies and equipment.

(10)

Shall respond, investigate and dispose of all complaints and concerns regarding Borough services under the supervision of the Manager.

(11)

Shall coordinate all activities involving community service workers assigned to the Borough.

(12)

Shall work with Borough Council to compute estimated costs for the Finance Committee on items for the budget preparation process.

(13)

Shall participate in the development and implementation of goals, objectives, policies and procedures for the Borough.

(14)

Shall, in concert with the Aldan Borough Planning Commission, prepare long-term plans for capital improvements, including plans for the financing of such improvements.

(15)

Shall confer with the governing committees of Borough Council concerning administrative and operational problems, needs or concerns.

(16)

Shall keep Borough Council advised of financial conditions, program costs, and the present and future financial needs of the Borough.

(17)

Shall oversee the enforcement of all Borough ordinances.

(18)

Shall confer with residents, taxpayers, businesses and other individuals, groups and outside agencies having an interest, or a potential interest, of concern to the Borough.

(19)

Shall represent the Borough in the community and at professional or governmental meetings, as required.

(20)

Shall coordinate Borough activities with other governmental agencies and outside organizations.

(21)

Shall supervise, train and evaluate all staff positions within the jurisdiction of the Manager.

(22)

Shall issue specified permits required by the Borough and collect all required fees.

(23)

Shall perform related, similar, or other logical duties as may be prescribed in the Borough Code or assigned by Borough Council action.

(24)

Shall perform such other nonlegislative and nonjudicial power or duty of Borough Council, as may be delegated by Council.

(25)

Shall perform such other nonlegislative and nonjudicial power or duty of the Aldan Borough Planning Commission, as may be delegated by Borough Council.

(26)

Shall perform such other nonlegislative and nonjudicial power or duty of the Aldan Borough Shade Tree Commission, as may be delegated by Borough Council.

(27)

With the approval of and majority vote of Borough Council, the Mayor of the Borough may delegate to the Borough Manager any of the nonlegislative and nonjudicial powers and duties of the Mayor.

(28)

Shall serve, in an ex officio capacity as the Borough Secretary with the duties and responsibilities set forth within Sections 1111 through 11113 of the Borough Code,[1] including, but not limited to, preserving the records and documents of the Borough, certifying ordinances, documents, by-laws, rules, regulations, resolutions, ordinances or contracts entered into by the Borough, certifying to the Secretary of the Pennsylvania Department of Community and Economic Development of the enactment of a budget or tax levy ordinance, transcribe and keep minutes or records of any meetings of Borough Council open to the public, etc., unless or until the Borough Council appoints a different person to the office of Borough Secretary.

[1]

Editor's Note: See 8 Pa.C.S.A. §§ 1111 through 1113.

(29)

To serve, in an ex officio capacity, as the "Right to Know Officer" as required by the Pennsylvania Right-to-Know Law (as amended by the Open Records Act) and to coordinate all requests and responses in a timely manner with the Borough Solicitor.

Other duties. The Borough Council may, from time to time, expand or limit the duties and authority of the Borough Manager within a specified time frame, not to exceed one year, via administrative action consisting of a communication (either letter, memo or e-mail) from the Council President addressed to the Borough Manager.