[HISTORY: Adopted by the Borough Council of Montgomery Borough 12-8-1972 by Ord. No. 1972-6 (Ch. I, Part 2A, of the 1996 Code of Ordinances). Amendments noted where applicable.]
The Office of Borough Manager is hereby created by the Borough of Montgomery.
The Manager shall be appointed for an indefinite term by a majority of all members of Council. The Manager shall be appointed solely on the basis of his executive and administrative qualifications. He need not be a resident of the Borough or of the Commonwealth of Pennsylvania at the time of his appointment but may reside outside the Borough while in office only with the approval of the Council. Salary of the Manager shall be fixed by Council.
The Manager shall serve at the pleasure of the Council and may be removed from office in accordance with the following procedures:
The Council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the Manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the Manager.
Within five days after a copy of the resolution is delivered to the Manager, he may file with the Council a written request for a public hearing. This hearing shall be held at a Council meeting not earlier than 15 days nor later than 30 days after the request is filed. The Manager may file with the Council a written reply not later than five days before the hearing.
The Council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all its members at any time after five days from the date when a copy of the preliminary resolution was delivered to the Manager, if he has not requested a public hearing, or at any time after the public hearing if he has requested one.
The Manager shall continue to receive his salary until the effective date of a final resolution of removal. The action of the Council in suspending or removing the Manager shall not be subject to review by any court or agency.
[Amended 12-12-1995 by Ord. No. 1995-10]
Before entering upon his duties, the Manager shall give a bond to the Borough, with a bonding company approved by Council as surety, the amount of the bond to be fixed by Council. If the Borough Manager also is designated as Borough Secretary and serves as such, a single bond, in the amount fixed by Council, shall cover the offices of Borough Manager and Borough Secretary. The premium on the bond shall be paid by the Borough.
[Amended 12-12-1995 by Ord. No. 1995-10]
The Manager shall be the chief administrative officer of the Borough and he shall be responsible to the Council as a whole for the proper and efficient administration of the affairs of the Borough. The powers and duties of administration of all Borough business shall be vested in the Manager, unless expressly imposed or conferred by statute upon other Borough officers.
Subject to recall by ordinance of Council, the powers and duties of the Borough Manager shall include the following:
He shall supervise and be responsible for the activities of all municipal departments excepting the Police Department.
He shall hire and, when necessary for the good of the service, shall suspend or discharge all employees under his supervision, provided that persons covered by the civil service provisions of the Borough Code shall be hired, suspended or discharged in accordance with such provision, provided, further, that the Manager shall report at the next meeting thereafter of Council any action taken by authority of this subsection.
He shall prepare and submit to Council before the close of the fiscal year, or on such alternate date as Council shall determine, a budget for the next fiscal year and an explanatory budget message. In preparing the budget, the Manager, or an officer 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 Manager shall review such estimates and may revise them before submitting the budget to the Council.
He shall be responsible for the administration of the budget after its adoption by the Council.
He shall hold such other municipal offices or head one or more of the municipal departments as the Council may from time to time direct.
He shall attend all regular and special meetings of Council with the right to take part in the discussion, and he shall, at his discretion, attend any committee meetings of Council.
He shall prepare the agenda for each meeting of Council and supply facts pertinent thereto.
He shall submit to Council, as soon as possible after the close of the fiscal year, a complete report on the financial and administrative activities of the Borough as of the end of the fiscal year. He shall make such other reports as the Council may require concerning the operation and activities of the Borough subject to his direction and supervision. He shall keep the Council fully advised as to the financial condition and future needs of the Borough and make such recommendations to the Council concerning the affairs of the Borough as he deems necessary.
He shall see that the provisions of all franchises, leases, permits, and privileges granted by the Borough are observed.
He may 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.
He shall attend to the letting of contracts in due form of law, and he shall supervise the performance and faithful execution of the same except insofar as such duties are expressly imposed upon some other Borough officer by statute.
He shall see that all money owed the Borough is promptly paid and that proper proceedings are taken for the security and collection of all Borough claims.
He shall be the purchasing officer of the Borough and he shall purchase in accordance with the provision of the Borough Code all supplies and equipment for the various agencies, boards, departments, and other offices of the Borough. He shall keep an account of all purchases and shall, from time to time or when directed by Council, make a full written report thereof. He shall also issue rules and regulations, subject to the approval of Council, governing the requisition and purchasing of all municipal supplies and equipment.
All complaints regarding services or personnel of the Borough shall be referred to the Manager. He, or an officer designated by him, shall investigate and dispose of such complaints, and the Manager shall report thereon to the Council.
Other than for the purposes of inquiry, the Council, its members, and its committees shall deal with the administrative service solely through the Borough Manager, and neither the Council nor any of its members shall give orders, publicly or privately, to any subordinate of the Manager. In event of emergency, where the Manager cannot be reached, the authority will revert to the President of Council.
By letter filed with the President of Council, the Manager shall designate, subject to approval of the Council, a qualified Borough official to exercise the powers and duties of Manager during his temporary absence or disability. During such absence or disability, the Council may revoke such designation at any time and appoint another official of the Borough to serve until the Manager shall return or his disability shall cease.
The Mayor is hereby authorized to delegate to the Borough Manager, subject to recall by written notification at any time, any of his nonlegislative and nonjudicial powers and duties.