[Ord. 245, 7/13/2022]
The Board of Supervisors of Smithfield Township hereby creates
the position of Township Manager and assigns thereto the following
rights, duties, obligations, and conditions. The Board of Supervisors
may enter into an employment agreement pursuant to 53 P.S. §
66301(a.1) with the Township Manager. The employment agreement may
set forth the terms and conditions of employment, and the agreement
may provide that it shall remain in effect for a specified period
terminating no later than two years after the effective date of the
agreement or the date of the Board of Supervisors’ reorganizational
meeting following the next municipal election, whichever shall first
occur. An employment agreement entered into pursuant to this Section
may specify conditions under which a Township Manager would be entitled
to severance compensation, but in no event shall an employment agreement
guarantee employment through the term of the agreement or confer upon
the Township Manager any legal remedy based on specific performance.
[Ord. 245, 7/13/2022]
The Manager shall be appointed by a majority vote of the Board
of Supervisors. The position is considered “at will” and
the Manager may be removed from this position with or without cause
or reason, and at any time by a majority vote of the Board of Supervisors.
[Ord. 245, 7/13/2022]
The Manager shall be chosen on the basis of their educational
accomplishments; executive, budgetary, and administrative abilities;
experience in grant writing and in the submission of grant applications;
and overall experience with particular reference to the duties of
their office as hereinafter outlined. The Manager need not be a resident
of the Township or of the Commonwealth of Pennsylvania at the time
of their appointment, but prior to reaching their first anniversary
they must reside either in Smithfield Township or within 25 miles
of Smithfield Township, and shall continue to meet the residency requirement
for the tenure of their office. The Board of Supervisors may consider
on a case-by-case basis relief from the mileage requirement, provided
the total distance from Smithfield Township does not exceed 35 miles.
In consideration of said requirement, the Board of Supervisors shall
interpret “distance from Smithfield Township” as the distance
from the home of the Township Manager to the nearest border of the
Township.
[Ord. 245, 7/13/2022]
Before performing any of their duties as Township Manager, and
continuously thereafter, the Manager shall provide a bond to the Township
with a bonding company, as a surety in good standing, doing business
within the Commonwealth of Pennsylvania and on the U.S. Treasury List
of Certified Companies in an amount directed by the Board of Supervisors
and conditioned upon the faithful performance of the Manager’s
duties. The premium for said bond will be paid by the Township from
the general fund.
[Ord. 245, 7/13/2022]
The compensation (salary and benefits package, if any) of the
Township Manager shall be fixed by resolution at the time of their
employment with the Township. However, the establishment of such compensation
is not to be deemed as any entitlement by the Manager to such compensation
in the future; and such compensation may be adjusted from time to
time by a majority vote of the Board.
[Ord. 245, 7/13/2022]
In case of absence or illness of the Manager from the Township,
the Board of Supervisors shall designate a qualified individual to
perform temporarily the duties of the Manager during such absence
or disability.
[Ord. 245, 7/13/2022]
1.
The Township
Manager shall act as Chief Administrative Officer of the Township.
The Township Manager reports to and is subject to oversight from the
Board of Supervisors. The powers and duties of the Township Manager
shall include, but not be limited to, the following:
A.
They shall
supervise and be responsible for all functions and activities of all
municipal departments.
B.
The Township
Manager is responsible for achieving and maintaining a reasonable
level of work productivity from the Township’s workforce. The
Township Manager shall have the authority to issue verbal and written
warnings to Township employees. The Township Manager shall be responsible
for recommending to the Board of Supervisors all hiring, suspensions,
demotions, and dismissals of employees, and may only take such action
upon determination by the Board of Supervisors.
C.
The Township
Manager is responsible for instituting and maintaining lawful employment/hiring
procedures within the Township.
D.
The Manager
is responsible for the Township’s compliance with Federal and
State employment and personnel laws; is responsible for the implementation
of Township policies relating to matters of employment, including
but not limited to maintenance of the Township’s official personnel
files (basic, medical and other), including being responsible for
the confidential securing of those files in accordance with applicable
law.
E.
The Township
Manager is responsible for recommending the compensation payable to,
and the benefit structure applicable to, all Township employees. The
Board of Supervisors has final authority in regard to such compensation
and benefits and shall, in the exercise of this authority, give reasonable
weight to the recommendations of the Manager.
F.
In regard
to personnel matters the Township Manager shall be the chief public
spokesperson of the Township, it being recognized that having a single,
centralized individual performing such a role best enables the Township
to comply with its legal obligations to the public and to its employees.
G.
The Manager
is empowered to recommend personnel policies, ordinances, and resolutions
to the Board of Supervisors.
H.
The Manager
is empowered, so long as the costs for so doing are within the bounds
of the administrative budget, to send or permit employees to attend
training opportunities.
I.
The Manager
has the authority and responsibility to plan and direct the work to
be performed by the Township’s workforce; to delegate aspects
of that authority and responsibility to subordinate managers and supervisors;
to make, to the Board of Supervisors, personnel-related recommendations
(whether related to policy formation, legislation, or otherwise) and
to decide and/or make recommendations regarding other matters relating
to Township personnel management.
J.
The Manager
may hold other compatible offices and head such departments as the
Board of Supervisors may from time to time direct.
K.
The Manager
shall inform the Board of Supervisors regarding the conduct of Township
affairs through submission of periodic reports on the condition of
the Township finances, the accomplishment of organizational objectives
and other reports requested by the Board of Supervisors, and shall
make such recommendations to the Board of Supervisors as the Township
Manager deems necessary and advisable for the welfare of the Township.
L.
The Manager
shall perform such other duties as may be required by the Board of
Supervisors not inconsistent with this or other laws and ordinances.
[Ord. 245, 7/13/2022]
The Office of Township Manager shall not be deemed incompatible
with the Office of Township Secretary, Treasurer, Zoning Officer,
or any other nonelected Township office or Township police officer.
