[HISTORY: Adopted by the Borough Council of the Borough of New Cumberland 1-2-2018 by Ord. No. 696. Amendments noted where applicable.]
This chapter may be known and cited as the "Borough of New Cumberland Borough Manager Ordinance."
The office of Borough Manager is hereby created by the Borough Council of the Borough of New Cumberland, 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 Borough Council. The Borough Manager shall serve at the pleasure of Council and may be removed at any time by a majority vote of all the members of Borough Council. Borough Council may also enter into an employment agreement with the Borough Manager consistent with the provisions of Section 1142 of the Borough Code,[1] as amended.
[1]
Editor's Note: See 8 Pa.C.S.A. § 1142.
The Manager shall be chosen on the basis of his or her executive and administrative abilities, with special reference to actual experience in, or knowledge of, accepted practices in respect to the duties of the office as set forth in § 49-7 below. The Manager need not be a resident of the Borough of New Cumberland or of the Commonwealth of Pennsylvania at the time of appointment, but shall reside within reasonable proximity to the Borough within a reasonable time after appointment.
Before commencing the duties of Manager, the appointed Manager shall give bond to the Borough with a bonding company acceptable to Council ensuring 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 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.
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.
C. 
Subject to amendment by ordinance of Council, the Manager shall:
(1) 
Supervise and be responsible for the activities of all Borough departments, except the Police Department and library.
(2) 
With the concurrence of Council, hire, and when necessary for the good of the Borough, suspend or discharge employees under the Manager's supervision and jurisdiction.
(3) 
Make recommendations to Council with respect to the compensation of all employees under the Manager's supervision and jurisdiction.
(4) 
Prepare and submit to Council a budget for each fiscal year and an explanatory budget narrative in such a timely fashion as will enable Council to consider and adopt the budget and any related ordinances or resolutions according to the requirements of Pennsylvania law. In preparing the budget, the Manager shall obtain from the head of each department, agency, or board estimates of revenues and expenditures and such other supporting data as required. The Manager shall utilize this information in preparing the budget to Council.
(5) 
Be responsible for the administration of the budget after its adoption by the Borough Council.
(6) 
Unless otherwise filled by someone else by action of Borough Council, serve as Borough Secretary and Treasurer without additional compensation.
(7) 
To the extent provided by law, execute and enforce the ordinances and resolutions of the Borough.
(8) 
Attend all meetings of Council and 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.
(9) 
Prepare the agenda for each meeting of Council and supply facts, documents, and information pertinent thereto.
(10) 
Submit periodic reports of the condition of Borough ordinances and such other reports as Council deems appropriate and may request.
(11) 
Make recommendations to Council as the Manager deems necessary and appropriate.
(12) 
Submit to Council as soon as practicable at the close of the fiscal year a complete report of the financial and administrative activities of the Borough for the preceding year.
(13) 
See that the provisions of all franchises, leases, permits, and privileges approved or granted by the Borough Council are observed.
(14) 
Employ, with the approval of Council, experts and consultants to perform work and to advise in connection with any of the functions of the Borough and to see to the letting of contracts in due form of law.
(15) 
Supervise performance and faithful execution of all contracts.
(16) 
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.
(17) 
Unless otherwise filled by someone else following the approval of the Borough Council, be the Purchasing Officer of the Borough and purchase, in accordance with the provisions of the Borough Code and authorized by Borough Council, all supplies and equipment for various agents, boards and departments and other offices of the Borough. The Manager shall keep an account of all purchases and shall, from time to time, or when directed by the Borough Council, make a full written report thereof. The Manager shall also issue rules and regulations, subject to the approval by the Borough Council, governing the procurement of all municipal supplies and equipment.
(18) 
Prepare necessary invoices and collect all fees imposed by Borough ordinances and any other applicable law or regulation.
(19) 
Prepare invoices for and collect those taxes not otherwise collected by the Tax Collector.
(20) 
Unless otherwise filled by someone else by action of Borough Council, serve as Secretary to the Zoning Hearing Board and Planning Commission, and attend all such meetings.
(21) 
Unless otherwise filled by someone else by action of Borough Council, serve as Borough Zoning Officer.
(22) 
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 the administration of all loans.
(23) 
Issue rules and regulations, subject to the approval of Council, governing the requisition and purchase of all municipal supplies and equipment.
(24) 
Investigate and dispose of all complaints regarding services or personnel of the Borough.
(25) 
Be the administrator, supervisor and responsible for activities of any and all Borough employees who shall be assigned to the Manager's jurisdiction by ordinance, resolution or directive of the Borough Council or assigned to the Manager's jurisdiction by the Mayor in writing as hereinafter provided.
(26) 
Keep a current inventory showing all real and personal property of the Borough and its condition, and be responsible for 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.
(27) 
Publish all notices, ordinances or other documents required by law to be published and prepare or cause to be prepared all reports which the Borough or any officials thereof are required by law to prepare.
(28) 
Prepare and have custody of all municipal records required by law to be kept by the Borough and not by a specific officer.
(29) 
Where the law makes it the duty of a specific officer to keep or maintain records, the 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.
(30) 
Where the law requires or provides for a certification of any records or documents by any office of the Borough, the Manager shall cause such records or documents to be properly prepared and presented to such officer for the Manager's signature.
(31) 
Unless otherwise filled by someone else by action of Borough Council, serve as the Open Records Officer in accordance with the provisions of Pennsylvania law.
(32) 
Keep a complete set of maps and plats 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.
(33) 
Maintain an office in Borough Hall and spend such time in the performance of the Manager's duties as may be required by Council.
(34) 
When the Manager becomes ill or needs to be absent from the Borough, the Manager shall designate, with the approval of Council, one qualified member of the Manager's staff who shall perform the duties of the Manager during the Manager's absence or disability.
(35) 
Perform all other duties as may be required by the Borough Council that are not inconsistent with law or ordinances of the Borough.
(36) 
Cooperate with the Borough Council at all times and in all matters that are in the best interest of the Borough and of the general public.
Nothing in this chapter shall be construed to affect any suit or proceeding pending in any court; or affect any rights, or any cause of action, nor shall legal right or remedy be lost, impaired or affected by this chapter.
All ordinances or parts of ordinances which are inconsistent herewith, including Ord. No. 286 of 1963, are hereby repealed.
If any sentence, clause, section or part of this chapter is found to be unconstitutional, illegal, or invalid, such action shall not affect or impair any of the remaining provisions of this chapter.