Exciting enhancements are coming soon to eCode360! Learn more ๐Ÿกช
Borough of State College, PA
Centre County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[Ord. 882, 12/12/1975; amended by Ord. 1218, 8/22/1988, Section 1; Ord. 1415, 6/24/1993, Section 2; Ord. 1888, 12/17/2007, Section 3; Ord. 2044, 8/18/2014, Section 2; Ord. 2072, 3/21/2016, Section 2]
The Municipality shall have the following administrative departments, which shall be operated under the supervision of the Manager:
a.ย 
Department of Administration.
b.ย 
Department of Police.
c.ย 
Department of Public Works Department.
d.ย 
Department of Planning and Community Development.
e.ย 
Department of Parking.
f.ย 
Department of Neighborhood and Community Services.
The Manager may, with the consent of Council, assign the supervision of one or more departments to an Assistant Manager. Such assignment does not remove the final supervisory responsibility for all departments from the Manager.
[Ord. 882, 12/12/1975; amended by Ord. 1415, 6/24/1993, Section 1; Ord. 1888, 12/17/2007, Section 3;Ord. 2044, 8/18/2014, Section 2]
As provided in ยงย 1-702{180}, the Manager, with the consent of Council, shall:
a.ย 
Appoint all department heads, each of whom shall be chosen solely on the basis of executive, administrative and technical qualifications appropriate to the functions and duties of their respective departments and shall be subject to removal at the discretion of the Manager, as provided in ยงย 1-702. The Manager shall serve as the director of any department until the appointment of a separate director shall be made. The Manager may designate an Assistant Manager to whom supervision of a department has been made as provided above to serve as the director of the department if there is a vacancy in the position of department director. Director of Departments shall include the Chief of Police.
b.ย 
Appoint Assistant Managers, who shall be chosen solely on the basis of executive, administrative and technical qualifications appropriate to the functions and duties of their assigned departments and shall be subject to removal at the discretion of the Manager, as provided in ยงย 1-702. Assistant Managers shall have all powers, duties and responsibilities established for department directors. Assistant Managers shall report to the Manager and be responsible for the administration of services provided by the departments assigned by the Manager. Assistant Managers shall also be responsible for such other duties and assignments as the Manager shall assign to him or her.
[Ord. 882, 12/12/1975; amended by Ord. 1888, 12/17/2007, Section 3, and by Ord. 2044, 8/18/2014, Section 2]
Under the direction of the Manager, each assistant manager, department head or director shall:
a.ย 
Direct employees in the performance of all duties and responsibilities required of the department and its subordinate agencies, as provided by law, this Code or by any other ordinance of the Municipality, and such other duties as may be required by the Manager and which are not in conflict with the law, the Home Rule Charter or any other provision of this or any other ordinance of the Municipality.
b.ย 
Be responsible to the Manager for the effective administration of his or her department and all activities and functions assigned thereto.
c.ย 
Subject to the approval of the Manager, prescribe the internal organization of his or her department and its constituent and subordinate agencies and the duties of subordinate officers and employees of the department.
d.ย 
Assign functions, powers and duties to subordinate officers and employees within his or her department and modify those assignments, subject to the authority of the Manager, as set out in ยงย 1-702 of this codification.
e.ย 
Be responsible for the work of his department and supervise and direct the work of the employees of his or her department, measure the performance of the employees in accordance with approved procedures and report regularly to the Manager and, if the department has been so assigned by the Manager, to an assistant manager.
f.ย 
Furnish to any department or agency of the Municipality any service, labor, material and equipment that may be needed to perform a municipal function or service.
g.ย 
Prepare and submit to the Manager whatever reports the Manager may require, including periodic reports relating to departmental activities.
h.ย 
Serve as staff officer to any committee, commission or board that is assigned to his or her department by the Manager.
i.ย 
Coordinate the activities and work of his or her department with pertinent regional and area-wide programs and, if any program shall cease to be conducted on a regional or area-wide basis and shall be assigned by the Manager or the Council to his or her department, superintend the incorporation of that program into his department.
j.ย 
Provide the maximum level, quantity and quality of service within the limitations of the budget.
k.ย 
Be responsible for manpower planning within his or her department.
l.ย 
Plan and execute appropriate training for departmental personnel.
m.ย 
Recommend to the Manager policies and procedures designed to improve the quality of municipal functions and services.
[Home Rule Charter, Section 901 โ€” 913; Ord. 882, Section 14, 12/12/1975; amended by Ord. 918, 11/8/1977{210}, Ord. 1025, 4/9/1982, Sections 1 and 2; Ord. 2044, 8/18/2014, Sections 2 and 3]
a.ย 
Administration and Functions.
(1)ย 
The Department of Administration shall be headed by the Borough Manager, who shall be responsible for the performance of the functions of the department. The functions shall include, but not limited to, financial services, tax services, purchasing and risk management, information technology, and human resources.
b.ย 
Fiscal Year. The fiscal year of the Municipality shall commence on the first day of January and terminate on the last day of December. The fiscal year may be changed by ordinance or shall be automatically changed when mandated by statute. When a change is made, Council shall determine the procedures and fiscal arrangements for the transition.
c.ย 
Submission of Budget and Budget Message. On or before the 30th day prior to the end of the fiscal year, the Manager shall submit to the Council a budget for the ensuing fiscal year and an accompanying message. The submission date and other subsequent dates affecting the budget may be changed by Council, when desirable, to conform with a regional policy affecting the budget or when mandated by State law.
The budget message submitted by the Manager shall explain the budget both in fiscal terms and in terms of programs, policies, activities and plans. It shall outline the proposed financial policies of the Municipality for the ensuing year; describe the important features of the budget; indicate any major changes in financial policies, expenditures and revenues from the current year, together with the reasons for such changes; summarize the Municipality's debt position and include such other material Council may request or as the Manager deems desirable.
d.ย 
Budget Document. The budget document shall provide a complete financial plan of all municipal funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the Manager deems desirable or as Council may require. The budget document shall provide that the budget submitted for each fund is balanced and that the total of proposed expenditures shall not exceed the total of the estimated revenue.
The Manager shall prepare and include, as a separate section in the annual budget submitted to Council, a capital program of capital expenditures of a non-recurring and long-range nature, as the Manager shall deem desirable or as Council may require.
e.ย 
Budget Notice; Hearings Required. Council shall publish in one or more newspapers of general circulation in the Municipality the general summary of the budget and a notice stating (1) the times and places where copies of the message and budget are available for inspection by the public and (2) the time and place, not less than 10 days after such publication, for a public hearing on the budget.
f.ย 
Council Action on Budget.
(1)ย 
Amendment Before Adoption. Following the public hearing, Council may adopt the budget with or without amendment. In amending the budget, Council may add or increase programs or amounts, except for expenditures required by law, or for debt service, or may reduce or delete programs or amounts, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than the total of estimated receipts.
(2)ย 
Adoption. Council shall adopt the budget by resolution on or before the last day of the fiscal year currently ending.
(3)ย 
Appropriations. Adoption of the budget shall constitute the appropriation of the amounts specified therein as expenditures from the funds indicated and shall constitute a levy of the taxes therein proposed.
(4)ย 
Public Records. Copies of the budget, as adopted, and of the capital program plan shall be public record and shall be made available to the public at suitable places in the Municipality, as determined by Council.
g.ย 
Amendments During Fiscal Year.
(1)ย 
Supplemental Appropriations. If, during the fiscal year, there is evidence of a need for a supplemental appropriation and there is available unencumbered revenues in excess of those estimated in the budget, Council may, by resolution, make such supplemental appropriations for the year in an amount not to exceed such excess.
(2)ย 
Emergency Appropriations. To meet a public emergency affecting life, health, property or the public peace, Council may, during the year by ordinance, make emergency appropriations. To the extent that there are not available unencumbered or unappropriated revenues to meet such emergency appropriations, Council may, by ordinance, authorize the issuance of emergency notes, which may be renewed from time to time, but such notes and renewals of any fiscal year shall be repaid not later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made.
(3)ย 
Reduction in Appropriations. If at any time during the fiscal year it appears probable that the revenues available will be insufficient to meet the amount appropriated, Council shall take such action as it deems necessary to prevent or minimize any deficit and, for that purpose, it may, by resolution, reduce or eliminate one or more appropriations.
(4)ย 
Transfer of Appropriations. At any time during the fiscal year the Manager may transfer part or all of any unencumbered balance appropriated for programs within a department, office, agency or other organizational level and Council may, at any time during the fiscal year, by resolution, transfer part or all of any unencumbered balance appropriated to a department, office, agency or other organizational level to another.
(5)ย 
Limitations; Effective Date. No appropriation for debt service may be reduced or transferred and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption.
(6)ย 
Lapse of Appropriations. Every appropriation shall lapse at the end of the fiscal year to the extent that it has not been expended or encumbered and thereby shall be reflected in the cash balance estimated to be available at the commencement of the ensuing fiscal year.
h.ย 
Tax Levy. At the time the budget is adopted by Council, the required tax levies proposed in the budget are considered to be adopted or readopted unless separate ordinance action is mandated by statute. Council shall have the power to levy any taxes which are permitted by the Pennsylvania Constitution and authorized for municipal application by action of the General Assembly.
i.ย 
Tax Duplicate. Council shall, within 30 days after adoption of the budget or within 30 days after receipt of the assessment roll from the County (whichever is later), furnish the duplicate of property taxes assessed to the collector of taxes of the Municipality. Council may request the County Assessment Office or other appropriate agency to make revisions, additions and adjustments to the tax duplicate and such list of additions, revisions and adjustments shall be furnished by Council to the collector of taxes.
j.ย 
Independent Audit. Council shall provide for an independent annual audit of all municipal funds by a professional accountant or qualified outside auditor who has no personal interest, direct or indirect, in the fiscal affairs of the municipal government or any of its elected or appointed officials. Council may provide for more frequent audits, as well as special audits, as it deems necessary. The auditor's report, together with the auditor's recommendations of the annual audit, and a complete financial statement of the fiscal affairs of the Municipality shall be presented to Council no later than the last day of the fourth month following the fiscal year being audited. A summary of the financial statement and the auditor's recommendations of the general audit shall be published in at least one newspaper of general circulation in the Municipality following receipt of the auditor's report by Council.
k.ย 
Interest Rates on Municipal Claims. Except as hereinafter provided, interest on all municipal claims of the Municipality heretofore or hereafter filed as liens shall hereafter bear interest at the rate of 10% per annum. When municipal claims are filed by the Municipality arising out of a municipal project which has required the Borough to issue bonds to finance such project, interest shall be collectible on such claims at the rate of interest of the bond issue or at the rate of 12% per annum, whichever is less.
[Ord. 532, 11/18/1957; amended by Ord. 644, 1/22/1964; Ord. 882, 12/31/1975; Ord. 1903, 7/21/2008, Section 1; Ord. 1415, 6/24/1993, Section 2; Ord. 2044, 8/18/2014, Section 2]
a.ย 
Administration and Functions. The Chief of Police shall be the chief executive of the Department. He or she shall, under the direction of the Manager, be in charge of all Department staff and have supervision over all sworn and non-sworn staff members in the exercise of their powers, duties and authority. The functions of the Department of Police shall be the administration and control of municipal activity pertaining to the protection of persons and property, except to the extent that any such activity is expressly charged to any other department, office or agency.
[Ord. 882, 12/12/1975; amended by Ord. 2044, 8/18/2014, Section 2]
a.ย 
Administration and Functions. The Department of Public Works shall be headed by the Director, who shall be responsible for the performance of the functions of that department. The functions of the Department of Public Works shall be the administration and control of municipal activity pertaining to the construction, installation, operation and maintenance of the streets, rights-of-way, physical facilities and real and personal property of the Municipality; the planting and maintenance of trees and other vegetation; and the disposal of solid waste, except to the extent that any such activity is expressly charged to any other department, office or agency.
[Ord. 1218, 8/22/1988, Section 2; amended by Ord. 2044, 8/18/2014, Section 2, and by Ord. 2072, 3/21/2016, Section 4]
a.ย 
Administration and Functions. The Department of Planning shall be headed by the Director, who shall be responsible for the performance of the functions of the Department. The functions of the Department shall be the administration and control of municipal activity pertaining to planning and zoning, housing and community development, and economic development, except to the extent that such activity is expressly charged to any other department, office or agency.
[Ord. 1218, 8/22/1988, Section 2; amended by Ord. 2044, 8/18/2014, Section 2]
a.ย 
Administration and Functions. The Department of Parking shall be headed by the Parking Manager, who shall be responsible for the performance of the functions of the Parking Department. The functions of the Department of Parking shall be the administration and control of municipal activity pertaining to management of the off-street parking facilities and enforcement of the off-street and on-street parking regulations, except to the extent that such activity is expressly charged to any other department, office or agency.
[Ord. 2072, 3/21/2016, Section 5]
a.ย 
Administration and Functions. The Department of Neighborhood and Community Services shall be headed by the Borough Manager or his designee, who shall be responsible for the performance of the functions of the Department. The functions of the Department shall be the administration and control of municipal activity pertaining to management of community engagement, health and restaurant inspections and compliance, ordinance enforcement, and animal control, except to the extent that such activity is expressly charged to any other department, office or agency.