[Ord. 1999-5, 10/10/1999, § 1]
1.
The purpose of this Part is to enable the Township to function under
generally accepted principles of the council-manager form of government.
The Board of Supervisors shall be responsible for legislative policy
making and appointing a professional Township Manager who shall be
responsible for supervising and conducting the administrative affairs
of the Township, as well as carrying out all policies and programs
established by the Board.
2.
It is the intent of this Part to delegate to the Township Manager
all of the nonlegislative powers and duties of the Board of Supervisors
as authorized by § 1301 of the Second Class Township Code,
Act of May 1, 1933, P.L. 103, as reenacted and amended by the Act
of November 9, 1995, P.L. 350, No. 60, as amended, 53 P.S. § 46301.
[Ord. 1999-5, 10/10/1999, § 2]
The position of Township Manager is hereby created by the Township
of Penn.
[Ord. 1999-5, 10/10/1999, § 3; as amended by Ord.
2013-04, 10/14/2013, § 1]
The Township Manager shall be appointed for an indefinite term
by a majority of all members of the Board of Supervisors. The Manager
shall serve at the pleasure of the Board and may be removed, with
or without cause, at any time by a majority vote of all its members.
Consistent with § 1301(a.1) of the Second Class Township
Code, 53 P.S. § 66301(a.1), the Board of Supervisors and
Township Manager may enter into an employment agreement outlining
terms and conditions of employment; however, such agreement shall
not interfere or otherwise hinder the "at-will" concept of employment
for the Township Manager.
[Ord. 1999-5, 10/10/1999, § 4; as amended by Ord.
2013-04, 10/14/2013, § 2]
1.
The Township Manager shall be chosen solely on the basis of executive and administrative abilities, with special reference to training and/or experience in municipal management and the Manager's powers and duties as set forth in § 1-407. During his or her tenure, the Township Manager shall not hold any elective governmental office.
2.
The Manager need not be a resident of the Township or state at the
time of the appointment. The Manager may reside outside the Township
while in office with the approval of the Board.
3.
No member of the Board of Supervisors shall be appointed Township
Manager within one year after the expiration of his term as a member
of the Board of Supervisors.
[Ord. 1999-5, 10/10/1999, § 5; as amended by Ord.
2013-04, 10/14/2013, § 3]
The Township Manager shall give bond to the Township with a
bonding company as surety, said company and amount to be approved
by the Board of Supervisors, conditioned on the faithful performance
of his duties. The premium of said bond shall be paid by the Township.
[Ord. 1999-5, 10/10/1999, § 6]
The Manager's salary shall be fixed at the time of employment
and may be adjusted from time to time by resolution of the Board of
Supervisors.
[Ord. 1999-5, 10/10/1999, § 7; as amended by Ord.
2013-04, 10/14/2013, § 4]
1.
The Township Manager shall be the Chief Administrative Officer of
the Township and shall be responsible to the Board of Supervisors
as a whole for the proper and efficient administration of the affairs
of the Township. The Township Manager's 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.
2.
Subject to recall by ordinance of the Board of Supervisors, the powers
and duties of the Township Manager shall include the following:
A.
Supervision of Departments. The Township Manager shall supervise
and be responsible for the daily activities of all municipal departments.
B.
Personnel Actions. The Township Manager shall be responsible for
all personnel practices in the Township.
(1)
With the advice and consent of the Board of Supervisors, the
Township Manager may hire and, when necessary for the good of service,
discipline, suspend, or discharge all employees under his supervision,
subject to the provisions of the Second Class Township Code, 53 P.S.
§ 65101 et seq., or other state laws or other Township ordinances
or collective bargaining agreements; provided, that the Township Manager
shall report, by the next meeting thereafter of the Board of Supervisors,
any action taken by authority of this paragraph.
(2)
Prior approval of the Board of Supervisors shall be obtained
before enlarging staff by either the creation of a new position or
increasing the number of employees in present job categories.
(3)
The Township Manager shall have the power to fix wages and salaries
of all personnel under his supervision, within a range previously
determined by the Board of Supervisors.
(4)
The Township Manager shall be responsible for the administration
of all employee benefit programs.
C.
Financial Management. The Township Manager shall develop and administer
the financial affairs of the Township in a prudent and responsible
manner.
(1)
The Township Manager shall prepare and submit to the Board of
Supervisors before the close of the fiscal year or on such alternate
date as the Board of Supervisors shall determine, a budget for the
next fiscal year and accompanying explanatory budget message. In preparing
the budget, the Township Manager or an employee 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 Township Manager shall review such estimates and
may revise them before submitting the budget to the Board of Supervisors.
(2)
The Township Manager shall be responsible for the administration
of the budget after its adoption by the Board of Supervisors.
(3)
The Township Manager shall submit to the Board of Supervisors,
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.
(4)
The Township Manager shall develop long-range fiscal plans for
the Township. Such plans shall be presented annually to the Board
of Supervisors for review and adoption.
(5)
The Township Manager shall be the purchasing officer of the
Township and shall purchase or direct the purchase, in accordance
with the provisions of the Second Class Township Code, 53 P.S. § 65101
et seq., and other applicable statutes, all supplies and equipment
for the various agencies, boards, departments, and other offices of
the Township. Prior approval of the Board of Supervisors shall be
obtained for individual, non-budgeted purchases in an amount exceeding
the limit established by policy or resolution of the Board of Supervisors.
(6)
The Township Manager shall keep an account of all purchases
made by Township and shall make a full written report thereof to the
Board of Supervisors. The Township Manager shall also issue rules,
regulations, and policies, subject to the approval of the Board of
Supervisors, governing the requisition and purchasing of Township
supplies and equipment. Notwithstanding anything herein contained
to the contrary, the Township Manager shall not have the power and
authority to make purchases or to enter into contracts where, according
to the Second Class Township Code, 53 P.S. § 65101 et seq.,
or other applicable statute, advertising is required, unless with
the prior approval of the Board of Supervisors.
(7)
The Township Manager shall be responsible for the financial
management of the Township, including accounts receivable, accounts
payable, investments, account collection, and other related activities.
(8)
The Township Manager shall serve as the Chief Administrator
of the Township's pension plans.
D.
Other Township Offices. The Township Manager shall hold other Township
offices or head one or more of the Township's departments as the Board
of Supervisors may, from time to time, direct.
E.
Attendance at Board Meetings. The Township Manager shall attend all
meeting of the Board of Supervisors and its committees with the right
to take part in the discussion and shall receive notice of all special
meetings of the Board of Supervisors or its committees.
F.
Preparation of Agenda for Board Meetings. The Township Manager shall
prepare the agenda for each meeting of the Board of Supervisors and
supply facts pertinent thereto.
G.
Periodic Reports and Recommendations. The Township Manager shall
keep the Board of Supervisors informed as to the conduct of Township
affairs, submit periodic reports on the condition of the Township's
finances and such other reports as the Board of Supervisors shall
request and make such recommendations to the Board of Supervisors
as he deems advisable.
H.
Contracts and Agreements.
(1)
The Township Manager shall see that the provisions of all franchises,
leases, permits and privileges granted by the Township are observed.
(2)
The Township Manager shall attend to the letting of contracts,
with prior approval of the Board of Supervisors, in due form of law,
and shall supervise the performance and faithful execution of the
same, except insofar as such duties are expressly imposed by statute
upon other Township officials.
I.
Employment of Consultants. With the advice and consent of the Board
of Supervisors, the Township Manager may employ experts and consultants
to perform work and to advise him/her in connection with any of the
functions of the Township, within a fee limit established by the Board
of Supervisors.
J.
Complaints and Service Requests. All complaints regarding services
or personnel of the Township shall be referred to the office of the
Township Manager. The Township Manager or an employee designated by
the Township Manager shall investigate and dispose of such complaints
and the Township Manager, where appropriate, shall report thereon
to the Board of Supervisors.
[Ord. 1999-5, 10/10/1999, § 8]
If the Manager becomes ill or needs to be absent from the Township,
he or she shall recommend to the Board one qualified person to perform
the duties of the Manager during his or her absence or disability.
The Board shall designate a person to perform the Manager's duties.
[Ord. 1999-5, 10/10/1999; as added by Ord. 2013-04, 10/14/2013,
§ 5]
1.
In their relationship with Township Manager, the Board of Supervisors
shall act as a body in all of its dealing with the Township Manager.
Individual members of the Board of Supervisors shall refrain from
interfering with the Township Manager and all other employees of the
Township in the daily performance of their duties, except for purposes
of inquiry. Matters shall be dealt with solely through the Township
Manager.
2.
Nothing herein shall prevent the Board of Supervisors from establishing
a committee of its own to review the operations and legislative needs
of the Township's departments or from assigning its members to liaison
relationships with the individual departments.
