[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:
A.
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.
B.
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.
C.
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.
D.
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]
A.
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.
B.
Subject to recall by ordinance of Council, the powers and duties
of the Borough Manager shall include the following:
(1)
He shall supervise and be responsible for the activities of all municipal
departments excepting the Police Department.
(2)
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.
(3)
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.
(4)
He shall be responsible for the administration of the budget after
its adoption by the Council.
(5)
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.
(6)
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.
(7)
He shall prepare the agenda for each meeting of Council and supply
facts pertinent thereto.
(8)
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.
(9)
He shall see that the provisions of all franchises, leases, permits,
and privileges granted by the Borough are observed.
(10)
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.
(11)
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.
(12)
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.
(13)
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.
(14)
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.
(15)
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.
