[HISTORY: Adopted by the Borough Council of the Borough of McKees Rocks 4-11-2017 by Ord. No. 1740. Amendments noted where applicable.]
The office of Borough Manager is created by the Borough, subject to the right of the Borough, by ordinance, at any time to abolish such office.
A. 
Election-term of office. As soon as practicable after the enactment of this chapter, the Borough Council shall elect, by a majority vote of all its members, one person to fill the office of Borough Manager, who shall serve until his or her successor is elected and qualifies.
B. 
Vacancy. In case of a vacancy, the Borough Council shall fill such office by majority vote of all its members, which may be an interim appointment until a new Manager is appointed.
C. 
Removal from office. The Borough Manager shall, however, be subject to removal by Council at any time by a vote of a majority of all the members of the Council.
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Incompatible offices. Neither the Mayor nor any member of the Council shall be eligible to hold the office of Borough Manager.
The Borough Manager shall be chosen solely on the basis of his executive and administrative abilities, with special reference to their actual experience in or their knowledge of accepted practices in respect to the duties of the office as herein outlined. The Borough Manager shall hold no elective or appointive governmental office, nor shall the Borough Manager hold any political party office.
As provided in Section 1142 of the Borough Code, Council may enter into an employment agreement with the Borough Manager that specifies the terms and conditions of employment.
A. 
The employment agreement may 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 organizational meeting of Council following the next municipal election, whichever occurs first.
B. 
An employment agreement entered into under this section may specify conditions under which a Borough Manager will be entitled to severance compensation, but in no event may the employment agreement guarantee employment through the term of the agreement or confer upon the Borough Manager any legal remedy based on specific performance.
C. 
An employment agreement with a Borough Manager executed on or after a municipal election but before the first meeting in January the year after the municipal election shall be void.
Before entering upon his duties, the Borough Manager shall give a bond to the Borough, with a bonding company as surety in the sum of $10,000, conditioned for the faithful performance of his duties, premium for such bond to be paid for by the Borough. The bond of the Borough Manager may be included in, and the Manager may be bonded under and covered by, a blanket bond covering other Borough officers or employees.
The Borough Manager shall receive such compensation as shall be fixed from time to time by Council or by agreement, but in no event shall an agreement be for a term in excess of two years.
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. The Borough Manager's powers and duties shall relate to the general management of all Borough business not expressly, by statute or ordinance, imposed or conferred upon other Borough officers. Council may delegate to the Borough Manager, by ordinance and subject to recall, any of the nonlegislative and nonjudicial powers and duties of the Council, the Planning Commission and the Shade Tree Commission. With approval of Council, the Mayor may delegate to the Borough Manager any of the Mayor's nonlegislative and nonjudicial powers and duties.
Subject to recall by ordinance, the powers and duties of the Borough Manager shall include the following:
A. 
The Manager shall supervise and be responsible for the activities of all municipal departments, except such departments the supervision of which shall not have been delegated to the Manager by the Borough or by Council, as the case may be.
B. 
The Manager shall be responsible for the appointment, promotion, and discipline, including suspension, but not dismissal, of all Borough employees (except for those police officers who are subject to civil service regulations and/or a collective bargaining agreement). All appointments and promotions shall be subject to the approved budget and may be reversed or modified by Borough Council at it next meeting. The Manager shall report to Council all appointments, promotions, and disciplinary actions.
C. 
The Manager shall prepare and submit to Council before the close of the fiscal year, or on such alternate date as Council shall determine, a budget for the next fiscal year.
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The Manager shall be responsible for the administration of the budget after its adoption by the Council.
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The Manager or his duly authorized agent shall perform the duties of Secretary of Borough Council.
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Unless excused, the Manager shall attend all regular meetings of the Borough Council and shall receive notice of all special meetings of Council and, when requested, shall attend all meetings of Council committees.
G. 
The Manager shall prepare the agenda for each meeting of Council and supply facts pertinent thereto.
H. 
The Manager shall keep Council informed as to the conduct of Borough affairs; submit periodic reports on the condition of the Borough finances and such other reports as the Council shall request; and shall make such recommendations to the Council as he deems necessary.
I. 
The Manager shall submit to Council, as soon as possible after the close of the fiscal year, a complete report on the financial and administrative activities of the Borough for the preceding year.
J. 
The Manager shall see that the provisions of all franchises, leases, permits and privileges granted by the Borough are observed.
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The Manger may employ, by and with the approval of Council, experts and consultants to perform work and to advise in connection with any of the functions of the Borough.
L. 
The Manager shall attend to the letting of contracts in due form of law, and he shall supervise the performance and faithful execution of the same, except insofar as such duties are expressly imposed upon some other Borough official by statute.
M. 
The Manger shall see that all money owed the Borough is promptly paid and that proper proceedings are taken for the security and collection of all the Borough's claims.
N. 
The Manager shall be the purchasing officer of the Borough and shall purchase, in accordance with the provisions of the Commonwealth of Pennsylvania Borough Code, as amended, and with the Borough's ordinances, all supplies, materials, services and equipment. The Manager shall keep an account of all purchases and shall, from time to time, or as directed by Council, make a full written report thereof. The Manager shall also issue rules and regulations, subject to the approval of Council, governing the requisition and purchase of all municipal supplies, materials, services and equipment.
O. 
The Manager shall cooperate with the Borough Council at all times and in all matters that the best interests of the Borough and of the general public may be maintained.
P. 
All complaints regarding services or personnel of the Borough shall be referred to the office of the Manager. He, or an officer designated by him, shall investigate and dispose of such complaints, and the Manager shall report thereon to Council.
Q. 
The Manager shall have all of the powers and duties vested in a Borough Secretary under the Borough Code.
In case of illness or absence of the Manager from the Borough, the President of Council shall designate one qualified person who shall perform the duties of the Manager during the Manager's absence or disability. The person so designated shall not perform such duties for a period longer than the period until the next regular meeting of Council without the approval of Council.
The provisions of this chapter shall be construed to be severable. If any sentence, clause or section of this chapter is for any reason is found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses or sections of this chapter. It is hereby declared to be the intent of the Borough Council that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause or section not been included herein.
Any ordinances conflicting with this chapter are hereby repealed and replaced by this chapter.