[Ord. 515, 5/10/1976; as amended by Ord. No. 941-2021, 1/11/2021]
The office of Borough Manager is hereby created by ordinance
of the Borough of Oxford, which office may be abolished by ordinance
at the discretion of Borough Council.
[Ord. 515, 5/10/1976; as amended by Ord. No. 941-2021, 1/11/2021]
Borough Council shall elect, from time to time by a majority
vote of all its members, a person to fill the office of Borough Manager.
Such person shall serve until the first Monday of January of the even-numbered
year succeeding the appointment unless sooner removed from or vacating
said office. Said office shall be filled biennially thereafter or
when a vacancy shall occur. In the event of a vacancy, the person
appointed to fill such vacancy shall serve until the first Monday
of January of the even-numbered year succeeding his/her appointment,
unless Borough Council shall designate a shorter term of said appointment.
[Ord. 515, 5/10/1976; as amended by Ord. 526, 7/10/1978;
and by Ord. No. 941-2021, 1/11/2021]
The salary of the Borough Manager shall be fixed by motion of
Borough Council at the annual meeting at which the ensuing year budget
is adopted. In the event of a vacancy in the office of Borough Manager
existing at the time of adoption of the budget, the salary of the
Borough Manager shall be determined at the time the person to fill
such vacancy is offered the position.
[Ord. 515, 5/10/1976; as amended by Ord. 526, 7/10/1978;
and by Ord. No. 941-2021, 1/11/2021]
The Borough Manager shall be chosen primarily on the basis of
proven executive and administrative abilities, with special consideration
given to having performed the duties of the office of Borough Manager
as outlined herein and as contained in the position description, having
a demonstrated knowledge thereof and possessing a working knowledge
of the Pennsylvania Borough Code. The Borough Manager shall not hold
any elective governmental office and shall not be otherwise gainfully
employed.
[Ord. 515, 5/10/1976; as amended by Ord. 526, 7/10/1978;
and by Ord. No. 941-2021, 1/11/2021]
The Borough Manager shall give a bond to the Borough of Oxford,
with a bonding company as surety, to be approved by Borough Council,
in the sum of $1,000,000, conditioned upon the faithful performance
of the duties of Borough Manager; the premium for said bond to be
paid for by the Borough of Oxford. Such bond shall be in force and
effect within 30 days after assuming the duties of Borough Manager.
[Ord. 515, 5/10/1976; as amended by Ord. 526, 7/10/1978;
and by Ord. No. 941-2021, 1/11/2021]
The Borough Manager is considered an exempt at-will employee.
At any regular meeting of the Borough Council, the Borough Manager,
with or without cause, may be removed from office by a majority vote
of all of the members of Borough Council. Written notice shall be
given to the Borough Manager of such anticipated removal at least
30 days prior to the effective date of such removal; however, in the
event that less than 30 days' written notice is provided, the Borough
Manager will be paid regular pay for that number of days less than
30 from when notice was given or as otherwise provided in the Borough
Manager's employment contract.
[Ord. 515, 5/10/1976; as amended by Ord. 526, 7/10/1978;
and by Ord. No. 941-2021, 1/11/2021]
1. The Borough Manager shall be the chief administrative officer of
the Borough of Oxford and shall be singularly responsible to the Borough
Council, as a whole, for the proper, efficient and effective administration
of the affairs of the Borough. Such powers and duties shall be conferred
upon the Borough Manager unless such powers and duties are, by statute
or ordinance, imposed or conferred upon other Borough officers or
employees.
2. Subject to removal or revision by ordinance, the powers and duties
of the Borough Manager shall include, but not be limited to, the following:
A. To hold the office of Borough Secretary and perform all duties of
such office in addition to those assigned to the Borough Manager.
B. To supervise and be responsible for the activities and performance
of all municipal departments and employees, except those under the
direct supervision of the Mayor, and administer the day-to-day functions
of Borough government.
C. To supervise and be responsible for implementing and administering,
on a fair and equitable basis, personnel policies, procedures, programs
and employee contracts which have been adopted by Borough Council
from time to time, including, but not limited to, policies that pertain
to harassment, discrimination, retaliation and similar matters of
conduct.
D. To be responsible for the proper maintenance, repair, upkeep and
operation of all Borough buildings, grounds and equipment.
E. To implement the policies and resolutions of Borough Council.
F. To recommend to Borough Council hiring, from time to time, an individual
as a regular full-time employee. Borough Council shall, at its next
regular or special meeting, consider the recommendation of the Borough
Manager and shall take such action as it deems appropriate with respect
to the recommendation.
G. To take disciplinary action, up to but not including termination,
against any regular full-time employee not subject to the civil service
provisions of the Borough Code or by statute, pursuant to the terms
contained in an applicable employment contract, collective bargaining
agreement, personnel manual or policy or practice approved by Borough
Council, until the next regular or special meeting of Borough Council,
at which time or thereafter Borough Council shall take such action
as it deems appropriate to include, but not be limited to, suspension,
discharge, reduction in position, or reinstatement with pay of such
employee.
H. To recommend to Borough Council the discharge from employment of
any regular full-time employee. Borough Council shall, at its next
regular or special meeting, consider the recommendation of the Borough
Manager and shall take such action as it deems appropriate to include,
but not be limited to, suspension, discharge or reduction in position
of such employee.
I. To appoint, suspend and/or remove any part-time or casual employee
of the Borough. The Borough Manager shall report, at the next regular
or special meeting of Borough Council, any action taken by authority
of this subsection.
J. To prepare and submit to Borough Council by October 15 of the then-current
calendar year, or such alternate date as Borough Council shall determine,
a detailed line item budget for the next fiscal year prepared in conformance
with the requirements of the Pennsylvania Department of Community
and Economic Development Chart of Accounts for Municipalities and
an explanatory budget message that includes, at a minimum, an explanation
of significant changes proposed for the upcoming year compared to
the current year.
K. To prepare and present to Borough Council, for approval, a ten-year
capital spending plan which is to be updated annually in conjunction
with adoption of the annual Borough budget.
L. To be responsible for the administration of the budget after its
adoption by Borough Council and thereafter, throughout the course
of the year, recommend to Borough Council adjustments to the budget
to reflect changing circumstances.
M. To ensure that all money owed to the Borough is promptly paid, and
that proper proceedings are taken for the security and collection
of all claims made by the Borough.
N. To hold such other municipal office(s) as are not incompatible with
the office of Borough Manager, in fact or in law, as approved by Borough
Council.
O. To increase or decrease the number of Borough employees and re-align
the organization and/or function of Borough staff and departments
as Borough Council may direct from time to time.
P. To attend all regular meetings of Borough Council, with the right
to take part in discussions, and to attend such committee meetings,
executive sessions or special meetings of Borough Council as Borough
Council may direct.
Q. To prepare a draft agenda for each Borough Council meeting, for approval
by the President of Borough Council, and to provide documentation
and information to support discussion and deliberation of the items
included on the agenda.
R. To regularly keep Borough Council timely informed of: 1) matters
pertinent to the delivery of Borough services, 2) the conduct of business
provided by Borough employees, and 3) the status of the financial
condition of the Borough. Quarterly, or more often at the direction
of Borough Council, the Borough Manager shall submit reports which
detail the condition of Borough finances and such other reports as
Borough Council may request and make related recommendations to Borough
Council, as necessary.
S. To be the designated liaison with local civic organizations, business
groups and other similar organizations; to promote and explain the
goals, objectives, programs and priorities established by Borough
Council; and to regularly report to Borough Council the goals, objectives,
programs and priorities established by such organizations.
T. To submit to Borough Council, as soon as possible after the close
of the fiscal year, a complete reconciled report of the financial
condition of the Borough for the prior fiscal year, to include the
beginning and ending balances of all accounts and budget line items
for the year then ended.
U. To submit to Borough Council, as soon as possible after the close
of the fiscal year, a report which provides a narrative description
of the overall state of the Borough and establishes or recommends
to Borough Council goals, objectives, programs and priorities to be
pursued during the ensuing year. The focus of the report should be
on nonmonetary matters that impact the health, safety, welfare and
quality of life within the community.
V. To make certain that all terms and conditions in favor of the Borough
contained in any public law, public utility franchise, permit or contract
are faithfully kept and performed and to report any deviations to
Borough Council.
W. To routinely pursue grant opportunities, with approval of Borough
Council, that support and further the priorities established by Borough
Council related to capital projects, in particular, and other programs
established by Borough Council, and to keep Borough Council informed
of new opportunities and the status of such applications.
X. To employ, with prior approval of Borough Council, experts and consultants
(except for the Borough Solicitor) to perform work, provide advice
and render services in connection with any of the functions of the
Borough and to provide Borough Council, at least quarterly, with a
report describing the effectiveness of such experts and consultants.
The Borough Solicitor shall be employed by and report directly to
the Borough Council.
Y. To communicate and cooperate with Borough Council at all times in
a manner that serves the best interests of the Borough and its residents,
in general, in order to establish and maintain a sense of civic pride
and community wellbeing.
Z. To develop a process by which all complaints and criticisms brought
to the attention of the Borough Manager regarding services offered
by the Borough or interactions with Borough employees relative to
Borough matters are investigated and resolved in a timely fashion.
A written report describing each complaint or criticism shall be provided
to Borough Council. In addition, complaints about the performance
of the Borough Manager will be transmitted immediately and directly
to the President of Borough Council.
AA. To attend seminars, workshops and meetings offered by accredited
agencies, subject to approval of Borough Council, at the Borough's
expense, related to matters of Borough management and the duties and
responsibilities of the office of Borough Manager, and thereafter
to make a report to Borough Council.
[Ord. 515, 5/10/1976; as amended by Ord. No. 941-2021, 1/11/2021]
Subject to approval of Borough Council, the Borough Manager
shall designate, in writing, an employee of the Borough who shall
exercise the powers and duties of the office of Borough Manager, for
a period not to exceed 30 days, during such times when the Borough
Manager is unable to exercise the duties of his/her office. If such
absence or disability shall extend, or is anticipated to extend, for
a period of more than 30 days, Borough Council may appoint a person
to serve as acting Borough Manager until such time as the appointed
Borough Manager resumes regular duties.
[Ord. 515, 5/10/1976; as amended by Ord. No. 941-2021, 1/11/2021]
The Mayor may delegate to the Borough Manager any nonlegislative
and nonjudicial powers and duties associated with the office of Mayor,
but only with the approval of Borough Council.
[Ord. 515, 5/10/1976; as amended by Ord. 526, 7/10/1978;
and Ord. No. 941-2021, 1/11/2021]
Except for the purpose of inquiry, Borough Council and its committees
and members shall address administrative matters solely through the
Borough Manager. Neither individual Borough Council members nor any
committees or appointees of Borough Council shall give directives
or orders, either publicly or privately, to the Borough Manager or
to any subordinate of the Borough Manager, consultants, appointed
professionals (not including the Borough Solicitor) or others, except
in matters of dire necessity or emergency. Notwithstanding the foregoing,
Borough Council may, from time to time, by majority vote, designate
the President of Borough Council, or another member of Borough Council
as circumstances may dictate, as the sole and exclusive point of contact
with the Borough Manager for the purpose of communicating such directives
and assignments as determined by Borough Council.