The provisions governing the election, term of office, eligibility
and election procedure for the Controller shall be the same as those
established by this Charter for Council, except that the Controller
shall be elected for a term of four (4) years at the first election
under this Charter.
Provisions governing vacancy, filling the vacancy, forfeiture
of office, oath of office and prohibitions shall be the same as those
prescribed for Council except that the Controller shall not be required
to attend stated monthly meetings of the Council.
The Controller shall receive compensation of $4,200.00 per annum
or such other sum as the Council shall from time to time ordain; provided,
however, that such compensation shall not be increased or decreased
during the term for which the Controller was elected or appointed.
No ordinance increasing or decreasing compensation shall be adopted
less than ten (10) months prior to an election at which the office
of Controller will be on the ballot.
The Controller shall receive no other compensation, direct or
indirect, for the performance of the duties of Controller. The Controller
shall not participate in employee pension plans or insurance programs
for the benefit of Municipal employees, except, however, that nothing
in this section shall preclude the right of the Municipality to provide
accident and health insurance or liability insurance coverage for
the Controller when on Municipal business, or when in the performance
of official duties, limited to the duration of the Controller's term.
The Controller shall be entitled to reimbursement for actual expenses
incurred provided that the expenditure:
a. Is related to the performance of official duties; and
b. Was authorized in advance by Council at a public meeting; and
c. Is included in an itemized list presented prior to payment.
The Controller shall have the following powers and duties:
a. Co-sign with the Director of Finance all checks, drafts, or other
instruments which disburse Municipal funds;
b. Maintain a record of all Municipal employees, sign payroll checks
only for duly appointed Municipal employees, and maintain such other
books and records as may be required for the proper exercise of the
functions and duties of this office;
c. Insure that no payment is made or obligation incurred against any
appropriation except in accordance with the designated budget appropriations;
d. Insure that there is a sufficient, unencumbered balance in the appropriate
budget appropriation and that sufficient funds therefrom are, or will
be, available to cover the claim or meet the obligation when it becomes
due or payable. However, nothing in this Charter shall be construed
to prevent the making or authorizing of payments, or making of contracts
for capital improvements to be financed fully or partly by the issuance
of bonds, or to prevent the making of any contract or lease providing
for payments beyond the end of the fiscal year, provided such action
is made or approved by ordinance.
e. May require each department, office, agency, board or commission
to certify that the materials, supplies or equipment have been duly
received and accepted as specified and that services have been duly
rendered. For such purpose the Controller shall have the power to
require by subpoena executed by the Controller or Deputy Controller
the attendance of, and examine under oath, administered by the Controller
or the Deputy Controller, such persons, documents and records as the
Controller may deem necessary. If any person shall refuse or neglect
to obey any subpoena issued by the Controller, the Controller may
apply by petition to the Court of Common Pleas for its subpoena, requiring
the attendance of such person before the Controller or the Court.
f. Insure that all payments and obligations incurred by the Municipality
are in accordance with the law, Municipal contract, and the provisions
of this Charter. If there is a question concerning the lawfulness
of the payment or obligation, the Controller shall request a ruling
from the Municipal Attorney. Following such ruling, in the event the
Controller refuses to approve any payment or obligation as aforesaid
and such refusal results in litigation against the Controller, then
the Controller may retain legal counsel. The compensation of said
counsel shall be determined by the Court of Common Pleas and paid
by the Municipality.
The Controller shall have the right of access at all times to
the records of any officer, department, board or commission of this
Municipality as shall be necessary in the performance of the duties
of the Controller as established under this Charter.
The Controller, upon assuming office, shall designate a Deputy
Controller who, in case of the temporary absence or disability of
the Controller, shall perform such duties as are imposed by this Charter
upon the Controller. In the case of the temporary absence or disability
of both the Controller and the Deputy Controller, then the Council
may appoint a Deputy Controller to serve during the temporary absence
or disability of the Controller and Deputy Controller. The Deputy
Controller shall assume the office of Controller upon a vacancy in
that office until such time as the vacancy is filled by Council. If
Council appoints a Deputy Controller under the provisions of this
Charter, Council shall fix compensation to be paid the Deputy Controller.
Whenever checks are required to be signed by the Controller,
it may be by facsimile signature or other method approved by Council.