[HISTORY: Adopted by the Borough Council of the Borough of
Fox Chapel as indicated in article histories. Amendments noted where
applicable.]
[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.[1]
[1]
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:
A.
To supervise and to be responsible for the activities of all municipal
departments.
B.
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.
C.
To fix wages and salaries of all personnel under the Manager's
supervision, within a range previously determined by Council.
D.
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.
E.
To be responsible for the administration of the budget after its
adoption by the Council.
F.
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.
G.
To hold such other Borough offices and to head such Borough departments
as the Council may from time to time direct.
H.
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.
I.
To prepare the agenda for each meeting of Council and supply facts
pertinent thereto.
J.
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.
K.
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.
L.
To see that the provisions of all franchises, leases, permits and
privileges granted by the Borough are observed.
M.
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.
N.
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.
O.
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.
P.
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.
Q.
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.
R.
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.
