[HISTORY: Adopted by the Borough Council of the Borough of Fox Chapel as indicated in article histories. Amendments noted where applicable.]
Article I Auditor
Article II Manager
[Adopted 12-20-1963 by Ord. No. 256 (Ch. 1, Part 2B, of the 1978 Code of Ordinances)]
There shall be appointed annually, by resolution of Council, an independent auditor, who shall be a certified public accountant registered in this commonwealth, a firm of certified public accountants registered in this commonwealth, or a competent public accountant or competent firm of public accountants, to audit the accounts and other evidences of financial transactions of the Borough and Borough officers and to submit such audit report to Council.
This article is adopted pursuant to the provisions of Act No. 116 of the Pennsylvania General Assembly, approved July 3, 1963, amending Section 1005, Clause VII, of the Borough Code.
Editor's Note: See now 8 Pa.C.S.A. § 1005(7).
[Adopted 3-20-1978 by Ord. No. 394 (Ch. 1, Part 2A, of the 1978 Code of Ordinances)]
The office of Borough Manager is hereby created by the Borough of Fox Chapel.
The Manager shall be appointed for an indefinite term by a majority of all members of Council. The Manager shall serve at the pleasure of the Council, and he may be removed at any time by a majority vote of all its members. At least 30 days before such removal is to become effective, the Council shall furnish the Manager with a written statement setting forth its intention to remove the Manager.
The Manager shall be chosen solely on the basis of executive and administrative abilities, with special reference to the duties of the office as herein outlined. The Manager need not be a resident of the Borough or of the Commonwealth of Pennsylvania at the time of appointment, but during the tenure of office the Manager may reside outside the Borough only with the approval of Council. If the Council fails, within 60 days after appointment, to disapprove the Manager's residence outside the Borough, said residence shall be deemed to be approved during the Manager's term.
Before entering upon the Manager's duties, the Manager shall give a bond to the Borough with a bonding company as surety, to be approved by the Council, in the sum of $25,000, conditioned upon the faithful performance of the Manager's duties; the premium for said bond to be paid by the Borough.
The salary of the Borough Manager shall be fixed from time to time by Council.
The Manager shall be the chief administrative officer of the Borough and shall be responsible to the Council as a whole for the proper and efficient administration of the affairs of the Borough placed in the Manager's charge. The powers and duties of administration of all Borough business shall be vested in the Manager, unless expressly imposed or conferred by statute or ordinance upon other Borough officers. Subject to recall by ordinance of Council, the powers and duties of the Borough Manager shall include the following:
To supervise and to be responsible for the activities of all municipal departments.
To hire and, when necessary for the good of the service, to suspend or discharge any employee under the Manager's 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; and provided, further, that the Manager shall report at the next meeting thereafter of Council any action taken by authority of this subsection.
To fix wages and salaries of all personnel under the Manager's supervision, within a range previously determined by Council.
To prepare and submit to Council, before the close of each fiscal year, a budget for the next fiscal year and an explanatory budget message. In preparing the budget, the Manager, or an officer designated by the Manager, shall obtain from the head of each department, agency or board, or any qualified officer thereof, estimates of revenues and expenditures and such other supporting data as is required. The Manager shall review such estimates and may revise them before submitting the budget to the Council.
To be responsible for the administration of the budget after its adoption by the Council.
To develop, in conjunction with the preparation of the yearly budget, long-range fiscal plans for the Borough, such plans to be presented annually to the Council for its review and adoption.
To hold such other Borough offices and to head such Borough departments as the Council may from time to time direct.
To attend all meetings of Council and its committees with the right to take part in the discussions. The Manager shall receive notice of all special meetings of Council and its committees.
To prepare the agenda for each meeting of Council and supply facts pertinent thereto.
To keep the Council informed as to the conduct of Borough affairs; to submit periodic reports on the condition of the Borough finances and such other reports as the Council requests; and to make such recommendations to the Council as the Manager deems advisable.
To submit to Council, as soon as possible after the close of the fiscal year, a complete report on the finances and the administrative activities of the Borough for the preceding year.
To see that the provisions of all franchises, leases, permits and privileges granted by the Borough are observed.
To 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.
To attend to the letting of contracts in due form of law. The Manager shall supervise the performance and faithful execution of the same except insofar as such duties are expressly imposed by statute upon some other Borough officer.
To 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.
To serve as purchasing officer of the Borough or to designate an administrative staff member to purchase, in accordance with the provisions of the Borough Code, all supplies and equipment for the agencies, boards, departments and other offices of the Borough. The Manager shall keep an account of all purchases and shall, from time to time or when directed by Council, make a full written report thereof. The Manager shall also issue rules and regulations, subject to the approval of Council, governing the procurement of all municipal supplies and equipment.
To investigate and dispose of, or to designate others to investigate and dispose of, all complaints regarding Borough services and to report to the Council thereon. Complaints regarding Borough services shall be referred to the Office of the Manager or a responsible department head.
To enforce the ordinances and regulations of the Borough.
The Mayor is hereby authorized to delegate to the Borough Manager, subject to revocation by written notification at any time, any of the Mayor's powers and duties permitted to be delegated by the Borough Code.
Neither the Council, its members, nor its committees shall dictate or influence or attempt to dictate or influence the hiring of any person or his discharge from Borough 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 by the civil service provisions of the Borough Code. Other than for the purposes of inquiry, the Council or any of its members or any other Borough official or any of Council's committees or its members shall deal with the administrative service solely through the Borough Manager, and neither the Council nor any of its members or any other Borough official, nor any of Council's committees or their members, shall give orders, publicly or privately, to any subordinate of the Manager.
If the Manager becomes ill or needs to be absent from the Borough, the Manager shall designate one qualified member of the Manager's staff to perform the duties of the Manager during the Manager's 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.