[HISTORY: Adopted by the Borough Council of the Borough of
Larksville 8-18-2015 by Ord. No.
3-2015. Amendments noted where applicable.]
There is hereby created the office of Larksville Borough Manager,
subject to the right of Borough Council by ordinance and at any time
to abolish that office.
The Borough Manager shall be appointed for an indefinite term
by a majority of all the members of Larksville Borough Council. The
Borough Manager shall serve at the pleasure of Borough Council and
may be removed by a majority of all the members of Larksville Borough
Council at any time, subject to contractual rights that may arise
in accordance with Section 1142(b) of the Borough Code (relating to
an employment with the Borough Manager).[1] At least 30 days before such removal becomes effective,
Council shall furnish the Manager with a written statement setting
forth its intention to remove him/her and the reasons therefor.
[1]
Editor's Note: See 8 Pa.C.S.A. § 1142(b).
The Borough Manager shall be chosen on the basis of his/her
executive and administrative abilities, qualifications and experience,
with special reference to his/her actual experience in, or his/her
knowledge of, accepted practices in respect to the duties of his/her
office as hereinafter set forth.
Before entering upon the duties of Borough Manager, the appointed
Manager shall give bond to the Borough with a bonding company assuring
such sum as is set by resolution of Council, conditioned upon the
faithful performance of the duties of the office. Any premiums associated
therewith or therefor shall be paid by the Borough.
A.
The salary of the Borough Manager shall be fixed from time to time
in the same manner as compensation for all other Borough employees.
At such time as Council appoints an individual to the office of Borough
Manager, Council shall also fix the initial salary of said Borough
Manager.
B.
Anything in the immediately previous subsection of this section notwithstanding,
Council and the Borough Manager may enter into an employment agreement,
as provided for in Borough Code Section 1142(b).[1] Should such an employment agreement be entered into, its
terms and provisions shall govern the salary and other matters provided
for therein, so long as the same are in full compliance with the provisions
of the aforementioned Borough Code section.
[1]
Editor's Note: See 8 Pa.C.S.A. § 1142(b).
A.
The Manager shall be the Chief Administrative Officer of the Borough
and shall be responsible to Council as a whole for the proper and
efficient administration of the affairs of the Borough; and
B.
The Manager's powers and duties shall relate to the general
management of all Borough business, not expressly imposed or conferred
upon other Borough officers by statute; and
C.
Subject to recall by motion of Council, the Manager shall:
(1)
Prepare in consultation with the Finance Committee and President
and submit to Council before the close of the fiscal year or on such
alternative date as Council may determine, a budget for the next fiscal
year as an explanatory budget message and administer same.
(2)
Obtain from the Chief/Supervisor of each department, board, agency
or other office, estimates of revenues and expenditures and other
supporting duties for the purpose of preparing the budget.
(3)
Serve as Borough Treasurer, Right-to-Know Officer, Pension Administrator,
Payroll Coordinator, and HIPPA Officer as may be deemed necessary
by Council.
(4)
Attend all meetings of Council and, upon request, attend its committee
meetings with the right to take part in any and all discussions pursuant
to the rules and regulations for the conduct of meetings as established
by Council.
(5)
Prepare the agenda in consultation with the President for each meeting
of Council and supply facts pertinent thereto.
(6)
Submit, upon request of the President of Council, periodic reports
of the condition of Borough ordinances, resolutions and such other
reports as Council deems appropriate and may request.
(7)
Make recommendations to Council as the Borough Manager deems necessary
and appropriate.
(8)
Submit to Council as soon as practical at the close of the fiscal
year a complete report of the finances and administrative activities
of the Borough for the preceding year.
(9)
Secure compliance with all franchises, leases, permits and privileges
granted by Council.
(10)
Employ, with the approval of Council, experts and consultants to
perform work and to advise it in connection with any of the functions
of the Borough and to see to the letting of contracts in due form
of law.
(11)
Attend to the letting of contracts. 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.
(12)
Secure payment to the Borough of all money owed and insure that proper
proceedings are taken for the securing and collection of all of the
Borough's claims.
(13)
Subject to the restriction hereinafter set forth, be the Purchasing
Officer of the Borough and purchase, in accordance with the provisions
of the Borough Code[1] and any ordinances and resolutions relevant thereto, as
supplies and equipment for various agents, boards and departments
and other offices of the Borough. Any and all purchases in the amount
of $2,000 or more shall first be required to be approved by a majority
vote of Council.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
(14)
Prepare invoices and collect those taxes and/or fees not otherwise
collected by the Tax Collector, unless otherwise under contract with
another party.
(15)
Be responsible for managing and directing the finances of the Borough
to insure proper investments of all municipal funds in excess of immediate
needs as well as administration of all loans.
(16)
Keep an account of all purchases and, when directed by President
of Council or a majority vote of Council, make a full and written
report thereof.
(17)
Issue rules and regulations, subject to approval by Council, governing
the requisition and purchase of all municipal supplies and equipment.
(18)
Be administrator, supervisor and be responsible for activities of
any and all Borough employees who shall be assigned to his or her
jurisdiction by resolution of Council or assigned to his/her jurisdiction
by the Council President, in writing, as hereinafter provided.
(19)
Represent Council in matters relative to union and union members,
and shall issue all work rules and disciplinary notices to union employees
on behalf of Council.
(20)
Keep a current inventory showing all real and personal property of
the Borough and its condition, and shall supervise the care and custody
of all such property, including equipment, buildings, parks and all
other Borough property, which is not by law assigned to some other
office or body for care and control.
(21)
Publish all notices, ordinances or other documents required by law
to be published and to prepare or cause to be prepared all reports
which the Borough or any officials thereof are required to prepare
unless such task has been performed or is to be performed by the Solicitor.
(22)
Prepare and have custody of all municipal records required by law
to be kept by the Borough and not by a specific officer, as well as
any other records as may be directed by Council.
(23)
Where the law makes it the duty of a specific officer to keep or
maintain records, the Borough Manager shall make available to such
officer all necessary clerical assistance for the preparation of such
records and shall make available a place for the custody of such records.
(24)
Where the law requires or provides for a certification of any records
or documents by any office of the Borough, the Borough Manager shall
cause such records or documents to be properly prepared and presented
to such officer for his/her signature.
(25)
Keep a complete set of maps and plots showing the location of all
Borough utilities and other Borough properties, streets and other
public places and all lots or parcels of land subdivided according
to law, except where same is kept by the Luzerne County Planning Commission.
(26)
Conduct interviews with the President and Committee Chair and propose/recommend
personnel hires to Council.
(27)
Serve as direct supervisor for all departments, except police. Individual
department heads (DPW Foreman, Chief Engineer, Head Lifeguard, etc.)
shall be first-line supervisors in a chain of command.
(28)
Investigate and dispose of all complaints regarding Borough services
and personnel, and to report to Council thereon.
(29)
Perform any and all other duties as may be directed by Council.
(30)
Ensure all Borough ordinances and regulations are enforced.
(31)
Handle all correspondence and confer with the President and Council,
when appropriate, as to responses.
(32)
Oversee all construction projects in cooperation with other qualified
employees or professionals of the Borough.
(33)
Maintain public relations.
(34)
Perform annual employee evaluations in conjunction with the Committee
Chair and President.
(35)
Conduct research and prepare special reports on policy matters of
interest.
(36)
Hold staff and departmental meetings weekly.
(37)
Maintain all personnel files.
(38)
Prepare all necessary state and federal reports as required.
(39)
Issue and approve all purchase orders consistent with the budget
and Council President approval under $2,000. Purchase orders greater
than that amount shall require Council's approval.
(40)
Serve as liaison between Council and all boards and authorities.
(41)
Conduct a review of time sheets and advise the President and Committee
Chair of problems, errors and/or concerns.
(42)
Attend training, seminars, conferences, etc., at the request of the
President and/or Council.
(43)
Assist the Council and Solicitor in preparation and defense of legal
actions.
(44)
Process all insurance claims.
(45)
Prepare and advertise, in accordance with Council policy, all RFPs
for all services as appropriate.
(46)
Maintain other records in accordance with a retention schedule of
items such as advertising, bids, contracts, road repairs, official
actions and incidents.
(47)
Originate and maintain contacts with federal, state and county agencies,
and other organizations, with which the Borough conducts business.
(48)
Ensure all vehicles and equipment are properly insured and maintained.
A.
As provided for in Section 1142(b)(5) of the Borough Code,[1] the Council may delegate to the Borough Manager, by ordinance
and subject to recall, any of the nonlegislative and nonjudicial powers
and duties of the Council, the Planning Commission and the Shade Tree
Commission (should such commissions hereafter be created by Larksville
Borough).
[1]
Editor's Note: See 8 Pa.C.S.A. § 1142(b)(5).
B.
As also provided for in Section 1142(b)(5) of the Borough Code, and
with the approval of Borough Council, the Mayor may delegate to the
Borough Manager any of the Mayor's nonlegislative and nonjudicial
powers and duties.
C.
No delegation of Council powers and duties to the Borough Manager,
as set forth in the immediately preceding subsections of this section,
shall be effective unless and until an ordinance has been adopted
and enacted by Council specifying those powers and duties as shall
have been delegated, together with any restrictions on the exercise
of the same by the Borough Manager.
D.
Any delegation of mayoral powers and duties shall be within the discretion
of the Mayor, but no such mayoral powers and duties, together with
any restrictions on the exercise of the same by the Borough Manager,
shall be delegated to the Borough Manager unless prior approval for
the same shall have first been given by Council.
The provisions of this chapter are severable, and if any section,
sentence, clause, part of provision hereof shall be held to be illegal,
invalid, or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, sentences, clauses, parts or provisions of this chapter.
It is hereby declared to be the intent of the Borough Council that
this chapter would have been adopted if such illegal, invalid or unconstitutional
section, sentence, clause, part or provision had not been included
herein.
