[Ord. No. 2013-244, 5/2/2013]
1. 
The position of Borough Manager is hereby created and established for the Borough of New Stanton.
2. 
The person appointed to the position of Borough Manager shall be appointed for an indefinite term by a vote of a majority of all members of the Council. The Borough Manager shall serve at the pleasure of the Council and 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 Borough Manager with a written statement setting forth its intention to remove him/her from said position.
3. 
Council may enter into an employment agreement with the Borough Manager; provided, however, that the terms, provisions and contractual rights of any such employment agreement shall not be contrary to nor in violation of any other provisions of this article, or any provision of the Borough Code or any state or federal law.
[Ord. No. 2013-244, 5/2/2013]
1. 
Qualifications. The Borough Manager shall have such qualifications as are established from time to time by the Borough Council.
2. 
The Borough Manager need not be a resident of the Borough or of the Commonwealth of Pennsylvania at the time of appointment. However, during tenure in office, the Borough Manager may be required by the Council to reside within the Borough and/or within a certain distance from the Borough. Such residency requirement and any time frame within which the Borough Manager shall be required to establish residence in or within a certain distance from the Borough shall be established and made known to any candidate for the position of Borough Manager prior to appointment.
[Ord. No. 2013-244, 5/2/2013]
Before entering upon his/her duties, the Borough Manager shall give a bond to the Borough with a bonding company authorized to conduct business in the commonwealth as surety, to be approved by the Council, in a sum as set from time to time by resolution of the Borough Council, conditioned upon the faithful performance of his/her duties. The premium for said bond shall be paid by the Borough.
[Ord. No. 2013-244, 5/2/2013]
The salary or rate of pay, together with the other terms and benefits of employment of the Borough Manager, shall be established and fixed from time to time by the Borough Council by resolution or may be established and fixed by written agreement between the Borough and the Borough Manager.
[Ord. No. 2013-244, 5/2/2013]
1. 
The Borough 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 Borough Manager's charge. The powers and duties of general administration of all Borough business shall be vested in the Borough Manager, unless expressly imposed or conferred by statute, resolution or ordinance upon other Borough officers, bodies or employees.
2. 
Unless and until changed, modified, amended or repealed by ordinance of the Council, the powers and duties of the Borough Manager shall include the following:
A. 
To respond and communicate by appropriate means with any and all constituencies with regard to Borough Council member requests; to respond and communicate with Borough residents and others lawfully entitled to make requests for information and records of the Borough, including requests made pursuant to the Open Records Act;[1] to respond and communicate to staff and employee requests and media requests.
[1]
Editor's Note: See 65 P.S. § 67.101 et seq., the Right-to-Know Law.
B. 
To effectively direct, manage and supervise the day-to-day operations of all nonuniformed personnel and the provision of Borough services, in accord with established Borough policies, in order to meet the established goals and objectives of the Borough. Subject to the provisions of any contract or labor agreement, this direction, management and supervision may include the evaluation and discipline of personnel; the interpretation, communication and enforcement of existing policies; and recommendations regarding new policies. Any action to evaluate or discipline an employee shall be reported to the Borough Council no later than the Council Meeting occurring after said action has been taken.
C. 
To prepare, maintain and review fiscal procedures and controls and budget and financial analysis reports.
D. 
To work with the Borough financial recordkeeper and the Borough's auditors with regard to any audit of Borough accounts, revenues and disbursements or any required audit of any official accounts.
E. 
Subject to the provisions of any contract or labor agreement, to fix wages, salaries and benefits of all personnel under his/her supervision, at a rate, level or within a range previously determined by the Council.
F. 
To work with any and all employees, officers, committees, agencies, consultants and revenue collectors of the Borough in order to prepare and submit to the Council, in accord with a time frame established by the Council and/or in sufficient time for the Council to comply with the statutory requirements for adoption of a tentative and final budget, a budget for the next fiscal year and an explanatory budget message. In preparing the budget, the Borough Manager, or an employee designated by him/her, shall obtain from all necessary sources estimates of revenues and expenditures and such other supporting data as required. The Borough Manager shall review such estimates and may revise them before submitting the budget to the Council.
G. 
To be responsible for the administration of the budget after its adoption by the Council.
H. 
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.
I. 
To hold such other municipal offices, including but not limited to Secretary, Treasurer, Secretary-Treasurer, and Open Records Officer and to head such municipal departments as the Council may from time to time appoint and direct.
J. 
To attend all meetings of the Council and its committees with the right to take part in the discussions. The Borough Manager shall receive notice of all special meetings of the Council and its committees.
K. 
To prepare the agenda for each meeting of the Council and supply information pertinent thereto.
L. 
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 Council requests; and to make such recommendations to the Council as the Council requests or as he/she deems advisable.
M. 
To submit to the 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.
N. 
To see that the provisions of all franchises, leases, agreements and privileges granted by the Borough are observed.
O. 
To employ, by and with the approval of the Council, experts and consultants to perform work and to advise the Council in connection with any of the functions of the Borough.
P. 
To attend to the letting of contracts in due form of law. The Borough 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.
Q. 
Except to the extent that duties are expressly imposed by statute upon some other Borough officer, to 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.
R. 
To serve as purchasing officer of the Borough and to purchase, in accordance with the provisions of the Borough Code, the adopted budget and any policy established by the Council, all supplies, services and equipment for the agencies, boards, departments and other offices of the Borough. The Borough 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. He/she shall also issue rules and regulations, subject to approval of Council, governing the procurement of all municipal supplies, services and equipment.
S. 
To receive, investigate and respond to, or to designate an officer, official, employee, body or consultant to investigate and respond to, all inquiries and complaints regarding Borough services and Borough personnel and to report to the Council thereon. All inquiries and complaints regarding Borough services and Borough personnel shall be referred to the office of the Borough Manager.
T. 
Except as otherwise provided by law, ordinance or other appropriate action by the Council, to enforce the ordinances, resolutions and regulations of the Borough.
U. 
As directed from time to time by the Borough Council, to perform such other duties and exercise such other authority and powers that relate to the subject matter of any of the above powers and duties.
[Ord. No. 2013-244, 5/2/2013]
The Borough Council hereby authorizes and approves the Mayor to delegate to the Borough Manager, in writing, and subject to subsequent revocation by written notification from the Mayor to the Borough Manager at any time, the Mayor's nonlegislative and nonjudicial powers and duties.
[Ord. No. 2013-244, 5/2/2013]
Other than for the purposes of inquiry, information and review, Council members shall not interfere or attempt to interfere with the Borough Manager in his/her activities in carrying out his/her responsibilities and duties as Borough Manager; and no Council member, nor any of Council's committees, shall give direct orders or directions, publicly or privately, to any officer or employee of the Borough who is to be directed and supervised by the Borough Manager.
[Ord. No. 2013-244, 5/2/2013]
Any ordinance or parts of ordinances in conflict with this article are hereby specifically repealed.