Operational departments of government shall
be created or abolished by the Borough Council. Within each department,
however, the organization and implementation of specific functions
shall be the responsibility of the department head, subject to the
review and approval of the Borough Manager or, in the case of the
Police Department, by the Mayor.
A. The Office of Borough Manager has been created by the Home Rule Charter and has the power and duties as provided by Article
V of the Home Rule Charter. The Manager shall be the chief administrative officer of the Borough and shall have those powers and duties prescribed by law, the Charter and ordinance, including the power and duty to:
(1) Administer and enforce those personnel policies and
regulations required by the Charter, by law, by ordinance and by resolution
of the Council, except in those specific instances where other provisions
for administration and enforcement have been specified by ordinance
or contract.
(2) Develop and maintain employment records reflecting
all aspects of the service of Borough employees, except the police
officers.
(3) Authorize a department head or other employees responsible
to the Manager to appoint, suspend and remove subordinates serving
under that department head or official.
(4) Designate an employee to temporarily perform the duties
of any office or position which is vacant until the office or position
is filled in accordance with the Charter and this chapter.
(5) Prescribe such administrative rules, practices and
procedures as shall be deemed necessary or expedient for the conduct
and operation of administrative departments and revoke, suspend or
amend any rules, practices or procedures by whomever prescribed, unless
contained in an ordinance, a contract or a resolution adopted by the
Council, and make such rules, practices and procedures available to
affected employees and for public inspection.
(6) Investigate or inquire into the operations of any
department.
(7) Overrule or set aside any action taken by a department
head except that of the Police Chief with respect to police officers.
(8) Assign any employee to any department requiring the
services of that employee; provided, however, that such assignment
is appropriate to and consistent with the personnel classification
of the employee and applicable personnel rules and regulations.
B. Establishment of departments. The following departments
are hereby established to operate under the direction and supervision
of the Borough Manager and then under the department head as indicated:
(1) Department of Finance - Director of Finance/Treasurer.
(2) Department of Recreation - Director of Recreation.
(3) Department of Public Works - Director of Public Works.
(4) Department of Building, Housing and Codes Enforcement:
Director of Building, Housing and Codes Enforcement.
(5) Department of Wastewater Treatment - Superintendent
of Wastewater Treatment.
(6) Parking Services Department - Director of Parking
Services.
[Amended 1-21-2004 by Ord. No. 1-2004]
(7) Department of Police, to be managed by the Chief of
Police under the direction of the Mayor. Nonpolice civilian employees
assigned to the Police Department will be supervised by the Chief
of Police but will be under the ultimate direction of the Borough
Manager.
(8) Department of Fire, managed by the Fire Chief, is
established consisting of the Volunteer Fire Companies serving the
Borough. The Fire Chief will report to the Borough Manager for budgetary
and administrative affairs.
(9) Department of Borough Solicitor, whose activities
will be supervised by the Borough Manager.
(10) Department of Borough Engineer, whose activities will
be supervised by the Borough Manager.
C. Appointment of Department Directors.
(1) Directors of departments of the Borough which operate
under the direction and supervision of the Borough Manager shall possess
the necessary qualifications for their respective offices as established
by the Borough Manager and the Borough Job Description Manual. They
shall be appointed and removed by the Borough Manager in accordance
with the provisions of Section 502 of the Home Rule Charter.
(2) The Borough Council shall appoint a Borough Solicitor
for a two-year term every January of an odd-numbered year. The Solicitor
shall be a person or firm who is licensed to practice law in the commonwealth
and who maintains a practice in the proximity of the Borough. The
Solicitor may be removed with or without cause at any time during
his or her term.
[Amended 6-27-2012 by Ord. No. 10-2012]
(3) The Borough Council may appoint a Borough Engineer
for a two-year term every January of an odd-numbered year. The Engineer
may be an individual, a partnership or a corporation licensed to practice
civil engineering in the Commonwealth of Pennsylvania and shall be
appointed on the basis of his or her professional qualifications.
The Engineer may be removed with or without cause at any time during
his or her term.
[Amended 6-27-2012 by Ord. No. 10-2012]
(4) The West Chester Volunteer Fire Department shall nominate
a Fire Chief in accordance with company procedures and bylaws for
a three-year term. The Borough Council will consider the nomination
and vote to approve the Fire Chief prior to him/her being sworn into
office.
(5) The Borough Council may appoint a Planning Consultant for a two-year
term every January of an odd-numbered year. The Planning Consultant
may be an individual, a partnership or a corporation who has obtained
a certification from the American Institute of Certified Planners
or another nationally recognized planning agency. The Planning Consultant
may be removed with or without cause at any time during his or her
term.
[Added 6-27-2012 by Ord. No. 10-2012]
D. Responsibilities of Department Directors.
(1) Directors of departments of the Borough which operate
under the direction and supervision of the Borough Manager shall be
directly and immediately responsible to the Borough Manager for the
effective administration and operation of their respective departments
and all activities pertaining thereto.
(2) The Police Chief shall be directly and immediately
responsible to the Mayor for the effective administration of the Police
Department.
(3) Department Directors shall have all powers and duties
and shall be subject to all obligations and liabilities heretofore
or hereafter lawfully granted or imposed by the Home Rule Charter,
this Administrative Code, ordinance or resolution of the Borough Council,
order or direction of the Manager or any law of the Commonwealth not
inconsistent with the Home Rule Charter.
(4) Borough departments shall cooperate with other departments
in furnishing such services, labor and materials as may be requisitioned
by the Directors of such other departments, subject to such regulations
as the Borough Manager may prescribe.
(5) Borough departments shall establish, maintain and
preserve a system of filing and indexing records and reports in sufficient
detail in order to furnish all information necessary for proper departmental
activities and in order to form a basis for periodic reports to the
Borough Manager, the Borough Council or the Mayor as appropriate.