A.
Power. The executive power of the Township government
shall be vested in and exercised by the Manager. He shall have such
authority and perform such duties as are assigned to him in this code
and by general law and shall have further authority and duties as
may, from time to time, be delegated to him by ordinance.
B.
Qualifications; appointment; term of office.
(1)
The Manager shall be chosen by the Council on the
basis of his executive and administrative qualifications.
(2)
The Manager shall be appointed for an indefinite term
and may be removed as hereinafter provided.
(3)
At the time of his appointment, he need not be a resident
of the Township or commonwealth.
(4)
The Manager shall not hold any elected governmental
office.
C.
Salary of the Manager. The Manager shall receive a
salary commensurate with his experience and abilities. This salary
shall be established annually by the Council. The Manager shall receive
no other compensation, direct or indirect, for the performance of
his duties. Outside employment may be allowed only with the express
and prior consent of the Council.
D.
General functions and duties of the Manager. The Manager
is the chief executive and administrative official of the Township.
The Manager may also serve as the Zoning Officer and as the Planning
Administrator, at the discretion of the Council. The Manager shall
execute all laws, ordinances, resolutions and bylaws of the Township
and all general law applicable thereto. In addition to all administrative
functions provided by the previous governing body as provided by law,
the administrative responsibilities of the Manager are to:
(1)
Supervise and be responsible for the activities of
all the Township departments. He shall be available to and work with
the Controller and shall supervise and assist the Director of Finance,
who is an employee of the Tax Collection and Disbursement Division
of the Manager's office. He shall appoint and have power to remove
department heads or a Assistant Manager, if one be authorized by the
Council, and to appoint subordinate officers and employees. Recommendations
for appointments and promotions of subordinate officers and employment
within each department shall be made by the department head to the
Manager on the basis of a personnel system which shall include written
procedures for appointment and promotion based on merit and fitness
as demonstrated by examination or other evidence of competence for
the position. The personnel system shall be governed by personnel
rules which shall be prepared by the Manager and submitted to the
Council, which shall adopt them with or without amendments unless
otherwise provided for or arrived at by collective bargaining. The
personnel rules shall provide for:
[Amended 7-16-1980 by Ord. No. 80-7; 3-3-2021 by Ord. No.
2021-01]
(a)
The classification of all Township positions, based
on the duties, authority and responsibility of each position, with
adequate provision for reclassification of any position whenever warranted
by change of circumstances.
(b)
A pay plan for all Township positions.
(c)
Advertisement of openings as they occur.
(d)
Methods for determining the merit and fitness of candidates
for appointment or promotion.
(e)
The policies and procedures regulating reduction in
force and disciplinary action, including suspension and removal of
employees.
(f)
The hours of work and provisions for sick and vacation
leave and holidays and provisions for overtime compensation.
(g)
Grievance procedures, including procedures for the
hearing of grievances.
(h)
Distinction between the entitlement and considerations
of part-time and full-time employees.
(i)
Other practices and procedures necessary for the administration
of the Township personnel system.
(2)
Appoint the members of the boards and commissions
with the advice and consent of a majority of the Council.
(3)
Negotiate contracts for the Township, in accordance
with law, subject to the approval of the Council, and supervise the
performance and faithful execution of the same; make recommendations
concerning the nature and location of Township improvements; and execute
Township improvements as determined by the Council.
(4)
Assure that all terms and conditions imposed in favor
of the Township or its residents in any statute, public utility franchise
or other contract are faithfully kept and performed and, upon knowledge
of any violation, make prompt report of the same to the Council.
(5)
Prepare a detailed agenda for all meetings of the
Council and supply facts pertinent thereto. Each agenda shall be prepared
and posted not later than three days before each scheduled meeting.
Posting shall include but not be limited to the Township Hall. Each
agenda shall be sent to the local newspapers. Copies of the agenda
shall be given in advance to all the Council members and such other
Township officials as deemed necessary.
(6)
Attend all meetings of the Council, with the right
to take part in discussions but without the right to vote.
(7)
Provide prompt dissemination of all rules, regulations
and ordinances adopted by the Council.
(8)
Provide for the prompt dissemination, in writing,
of all rules and regulations governing the internal management and
operations of any department, officer or authority of the Township.
Such rules shall not become effective until written and delivered
to the Secretary.
(9)
Make such recommendations to the Council concerning
policy formulation as he deems desirable and keep the Council and
the public informed as to the conduct of Township affairs. He shall
be available to the residents of the Township for discussion of Township
affairs.
(10)
Represent the Township in deliberation with other
governmental bodies. He shall have the authority, subject to the final
ratifications of the Council to negotiate intergovernmental cooperation
agreements pursuant to Section 5 of Article IX of the Constitution
of the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See Const. Art. 9, § 5.
(11)
Prepare and submit the annual budget to the Council
by November 15, together with such explanatory comment as he may deem
desirable, and administer the Council-approved budget. In preparing
the budget, the Manager shall obtain from the head of each department,
board and official estimates of revenues and expenditures and other
supporting data as he requests. The Manager shall review such estimates
and may revise them before submitting the budget to the Council.
(12)
Prepare and submit annually to the Council and make
available to the public a report of the administrative activities
of the Township. He shall prepare and submit such other reports as
may be required of the Manager by federal, state and county agencies.
(13)
Perform such other duties and have such other functions
as may be required of the Manager by ordinance or resolution of the
Council. He may employ, with the advice and consent of the Council,
experts, professionals and consultants to perform work and to advise
in connection with any of the functions of the Township.
(14)
Be responsible to the Council for carrying out all
policies established by the Council and for the proper administration
of all affairs of the Township within the jurisdiction of the Council.
E.
Vacancy of the Office of Manager.
(1)
The Manager shall give 30 days' written notice to
the Council prior to his resignation.
(2)
The Manager, by Council resolution, may be removed
by a majority vote of the Council. If he is to be removed, the Council
shall notify the Manager, in writing, at least 30 days before such
removal shall become effective, of its decision to remove him from
office, stating the reasons for his removal. The Manager may reply
in writing and may request a public or private hearing, which shall
be held not earlier than 20 days nor later than 30 days after the
filing of such request. After such public or private hearing, if one
be requested, and after full consideration, the Council, by majority
vote of its members, shall finally resolve the propriety of his removal.
The Council may direct that the Manager's salary be withheld or paid
during suspension. Upon termination, any salary earned up to the date
of termination shall be paid forthwith. Severance pay up to but not
exceeding three months' salary from the effective date of termination
may be authorized by the Council.
(3)
When a vacancy occurs in the office of Manager, the
Council shall take immediate steps to fill the position.
F.
Acting Township Manager. If the Manager is temporarily
absent or unable to perform his duties due to disability, he shall
designate the Assistant Manager, if the position be authorized and
be filled, to be Acting Manager. Otherwise, the Manager shall designate
a qualified administrative officer of the Township to perform his
duties during his temporary absence or disability. In the event of
his failure to make such designation or if the absence or disability
continues more than 30 days, the Council shall appoint an officer
of the Township to perform the duties of the Manager during such absence
or disability until the Manager shall return or his disability shall
cease. In case of a vacancy in the position of Manager, the Council
shall immediately appoint an Acting Manager to perform the duties
of the Manager until the office is filled on a permanent basis.
[Amended 3-3-2021 by Ord.
No. 2021-01]
A.
General. Department heads are appointed by the Manager
and are directly responsible to him. The Manager shall assume the
duties of any unfilled department head position or delegate these
duties until the position is permanently filled.
B.
Department of Public Safety.
[Amended 1-20-1988 by Ord. No. 87-14]
(1)
The Department of Public Safety, under the supervision
of the Manager, shall be responsible for all police services, radio
communications, health and safety services, safety education and animal
control required for the protection of the residents of the Township.
Fire and civil defense activities, in conjunction with the volunteer
fire companies, shall be coordinated by the Manager in conjunction
with the volunteer fire companies, Emergency Management Coordinator
and Fire Marshal.
(2)
The Department shall have such other functions as
required by general law as directed by the Council or as directed
by the Manager with the advice and consent of the Council.
C.
Department of Public Works.
(1)
The Department of Public Works, under the supervision
of the Director of Public Works, shall be responsible for the construction
and maintenance of Township streets, roads and highways, parking facilities,
storm sewers, parks and recreational facilities of the Township and
all other Township-owned properties, facilities and buildings.
[Amended 3-3-2021 by Ord.
No. 2021-01]
(2)
The Department shall have such other functions as
required by general law or as directed by the Council or as directed
by the Manager with the advice and consent of the Council.
A.
Township Solicitor.
(1)
The Solicitor shall be a person or firm learned in
the law and in active legal practice in the Commonwealth of Pennsylvania.
(2)
He shall be appointed annually by a majority vote
of the Council.
(3)
His remuneration shall be set annually by the Council.
(4)
He may be removed by the Council at any time, with
or without cause.
(5)
The Solicitor shall furnish legal advice and opinions
to the Council, the Manager, the chairman of any committee of the
Council and to all officers, departments, boards and commissions on
any matter in connection with their official powers or performance
of their official duties.
(6)
Specifically, the Solicitor shall:
(7)
The Solicitor shall perform such other duties and
have such other functions as required by general law or as directed
by the Council or as directed by the Manager with the advice and consent
of the Council.
B.
The Township Engineer.
(1)
The Engineer shall be a professional engineer or engineering
firm licensed as such in the Commonwealth of Pennsylvania. He shall
be appointed annually by a majority vote of the Council. Such appointment
shall be made with reference to his qualifications, training and experience
for the duties of the office.
(2)
His remuneration shall be set annually by the Council.
(3)
He may be removed by the Council at any time, with
or without cause.
(4)
Specifically, the Engineer shall perform such duties
as the Council directs for the construction, maintenance and repair
of all streets, bridges, culverts and other engineering work.
(5)
The Engineer shall be available, for consultation,
to the Planning Commission, with the advice and consent of the Council.
(6)
The Engineer shall perform such other duties and have
such other functions as required by general law or as directed by
the Council or as directed by the Manager with the advice and consent
of the Council.
C.
Sewage Enforcement Officer.
(1)
Current certification pursuant to the Commonwealth
of Pennsylvania, Department of Environmental Protection regulations,
is a prerequisite for this position.
(2)
If the Sewage Enforcement Officer is a professional,
he shall be appointed by the Manager with the advice and consent of
the Council, and his remuneration shall be set annually by the Council.
(3)
The Sewage Enforcement Officer shall be responsible
for the Township's compliance with the Pennsylvania Sewage Facilities
Act[1] and shall be empowered to perform all necessary functions
pursuant to the proper administration thereof. The Sewage Enforcement
Officer shall maintain complete records of all sewage applications
and of all permits issued. He shall submit written opinions or explanations
concerning sewage-related problems or questions to the Council or
Manager upon request.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
D.
Zoning Officer. The Manager shall appoint a Zoning Officer approved by the Council. He shall administer and enforce the provisions of Chapter 180, Zoning. In the event that a zoning question, in the opinion of the Zoning Officer, requires resolution by the Zoning Hearing Board, he shall appeal the matter to the Zoning Hearing Board for interpretation and decision. The Zoning Officer shall adopt rules of procedure, consistent with Chapter 180, Zoning, for the purpose of assuring efficient and uniform administration of its provisions.
[Amended 5-20-1998 by Ord. No. 98-17]
E.
Assistant Zoning Officer. The Assistant Zoning Officer
shall be an employee of the Township. The Assistant Zoning Officer
shall assist the Zoning Officer in the performance of his duties.
The Assistant Zoning Officer shall maintain complete records and shall,
in addition to his other duties, submit written reports to the Zoning
Officer upon request.
F.
Planning Administrator. The Manager may serve as the
Planning Administrator as the Council, by resolution, shall determine.
He shall be available to furnish information and direction to persons
requesting subdivision or other planning-related information. He shall
work in conjunction with the Planning Commission, Engineer and Council
in the review of all subdivision plans and agreements and all other
planning-related functions, with the right to comment and participate
in all discussions concerning the same.
G.
Assistant Planning Administrator. The Assistant Planning
Administrator shall be an employee of the Township. The Assistant
Planning Administrator shall assist the Planning Administrator in
the performance of his duties. The Assistant Planning Administrator
shall maintain complete records and shall, in addition to his other
duties, submit written reports to the Planning Administrator upon
request.
H.
Boards and commissions.
[Amended 12-19-1984 by Ord. No. 84-8]
(1)
Appointments to boards and commissions shall be made
by the Manager, with the advice and consent of the Council.
(2)
All boards, commissions and authorities existing on
the effective date of this administrative code shall continue and
shall maintain their previously existing functions.
(3)
All members of boards, commissions and authorities
existing in office on the effective date of this administrative code
shall continue in office to the extent that such continuance in office
is not inconsistent with Act 62 of 1972, P.L. 184, as amended.[2]
[2]
Editor's Note: Said Act was repealed and replaced
12-19-1996 by P.L. 1158, No. 177. For current provisions, see 53 Pa.C.S.A.
§ 2901 et seq.
(4)
All boards, commissions and authorities shall work
with the Manager to assure cooperation and efficiency in their operation.
(5)
Except where otherwise noted, members of boards, commissions
and authorities shall serve without compensation.
(6)
If a member of a board or commission shall be absent
from its meetings for three consecutive months, the Council may declare
the appointed position vacant.
(7)
A vacancy on boards and commissions shall be filled
for the remainder of an unexpired term by appointment by the Manager,
with the advice and consent of the Council.
I.
Zoning Hearing Board.
[Amended 2-21-1990 by Ord. No. 90-3]
(2)
Each term of office of a Zoning Hearing Board member
shall be five years and shall be so fixed that the term of office
of one member shall expire each year. Members of the Zoning Hearing
Board shall receive compensation for the performance of their duties
as fixed by the Council, but in no case shall the amount exceed the
rate of compensation authorized to be paid the members of the Council.
[Amended 5-20-1998 by Ord. No. 98-17]
(3)
Members shall hold no other office in the Township.
[Amended 5-20-1998 by Ord. No. 98-17]
J.
Pension Advisory Committee.
[Amended 11-3-2004 by Ord. No. 2004-12]
(1)
The Township Council ("Council") shall administer
the uniformed and nonuniformed pension funds of the Township. The
Township Council may provide for a Pension Advisory Committee ("Committee")
to assist Council in the administration of the pension funds. The
Council may delegate, and the Committee may perform, such other delegated
duties and exercise such powers with respect thereto as are conferred
by general law upon pension advisory committees in townships of the
second class. The Council may direct, and the Committee may use professional
services as provided in the annual budget.
(2)
The Committee shall consist of five members as follows:
the Township Manager ("Manager"); one participant from the uniformed
personnel, chosen by majority vote of the uniformed members; one participant
from the nonuniformed personnel, chosen by majority vote of the nonuniformed
members; and two members chosen from nonemployee residents of the
Township, recommended by the Manager and approved and appointed by
Council. All persons designated to serve on the Committee shall serve
at the pleasure of the Council for a term of three years. Any member
may resign upon written notice to Council and the Committee. Any vacancies
in the Committee arising from resignation, death or removal shall
be filled by the Council as set forth herein.
[Amended 6-3-2009 by Ord. No. 2009-03]
(3)
The Committee shall act by such procedure as the Committee
shall establish, provided that all decisions shall be made by majority
vote. The Committee may authorize one of its members to execute any
document or documents on behalf of the Committee. The Committee may
adopt bylaws and regulations as it deems necessary for the conduct
of its affairs and may appoint such accountants, counsel, specialists
or such other persons as it may deem desirable for the proper administration
of the pension fund, provided that no such regulation, by law or appointment,
shall be effective until such as approved by the Council.
(4)
The Committee shall keep a record of all its proceedings
and acts. The Manager shall keep all such books of accounts, records
and other data as shall be necessary for the proper administration
of the pension fund. All actions of the Committee shall be communicated
to the Council.
(5)
The members of the Committee shall serve without compensation
for their services, but all such reasonable expenses incurred in the
administration of the fund, including but not limited to fees for
the services of specialists, including actuaries, accountants and
legal counsel, shall be paid, provided that such expense shall be
subject to the prior approval of the Manager.
(6)
No member of the Committee shall incur any liability
for any action or failure to act, excepting only liability for his/her/its
own gross negligence or willful misconduct. The employer shall indemnify
each member of the Committee against any and all claims, loss, damages,
expense and liability arising from any action or failure to act, except
for such that is the result of gross negligence or willful misconduct
of such member.
K.
Parks and Recreation Board.
[Amended 12-17-1980 by Ord. No. 80-11]
(2)
The Township Parks and Recreation Board shall make
recommendations to the Manager concerning the recreation program and
facilities and park area acquisition and development.
(3)
Two members of the Township Parks and Recreation Board
may represent the Township on the Hellertown-Lower Saucon Joint Recreation
Committee.
L.
Planning Commission.
(2)
The Planning Commission shall be advisory to the Council. The Planning Commission shall review all subdivision plans with regard for Chapter 180, Zoning, and Chapter 145, Subdivision and Land Development. The Planning Commission shall, from time to time, make recommendations that the Comprehensive Plan be updated.
(3)
The Planning Commission shall perform such other planning
functions as are requested by the Council.
M.
Authorities.[6] Township authorities shall be established and operated
pursuant to the provisions set forth in the Second Class Township
Code[7] and such rules and procedures as may be adopted by the
Council or the Authority.[8]
N.
Director of Finance.
(1)
Powers and duties.
(a)
The Director of Finance is responsible for the accounting
of all revenues and expenditures of the Tax Collection and Disbursement
Division of the Manager's office as an employee thereof. He shall
collect and participate in the disbursement of all Township revenues
as provided by general law, the Township budget and established authorization
procedures. The Director of Finance shall be responsible for collection,
safekeeping and paying over of all public funds, including Township,
county and institution district taxes, as provided by general law
or by action of the Council. The Director of Finance may also collect
school district taxes, including earned income taxes, if directed
to by the Council. Upon collection thereof, all funds shall be promptly
deposited in the banking institutions designated by the Council.
(b)
The Council shall seek professional advice in the
field of accounting and establish procedures for the Tax Collection
and Disbursement Division of the Manager's office. The Director of
Finance shall then follow accounting procedures as adopted by the
Council in a procedural manual.
(c)
The work of the Tax Collection and Disbursement Division
of the Manager's office is to be done in the Township office. Distinct
and accurate records of all transfers and disbursements and of all
funds received from taxes and any other source shall be maintained.
All records shall be available for public inspection, except that
the Director of Finance shall keep earned income tax collection records
confidential according to Act 511[10] and the pertinent resolutions of the taxing jurisdictions.
[10]
Editor's Note: See 53 P.S. § 6901
et seq.
(d)
Specifically, the duties and responsibilities of the
Director of Finance, in addition to those elsewhere provided, are
to:
[1]
Provide for and maintain a system of accounting
and budgeting controls as established by the Council and as recommended
by the Pennsylvania Department of Community and Economic Development.
[2]
Provide guidance to employees regarding financial
management of the Manager's office.
[3]
Receive, record and maintain controls over all
revenue collected and due the Township in accordance with the accounting
system recommended to and established by the Council.
[4]
Determine which funds are due and have not been
remitted to the Township and to initiate and effect action to collect
such past-due accounts.
[5]
Disburse Township funds in accordance with general
law and in accordance with the procedures for disbursement of Township
funds established by the Council.
[6]
Effect the prudent investment of funds in all
instances where investment is feasible. The Director of Finance shall
act with the Controller and Manager as a body to provide for such
investments.
[7]
Make regular, periodic reports to the Manager,
as required, on the status of the financial accounts.
[8]
Receive, record and maintain controls over all
revenues collected and due the county, school district and other taxing
jurisdictions as provided by general law or actions of the Council.
The transfer of funds shall be made on a timely basis, as required
by law or as agreed upon by the taxing jurisdictions involved.
[9]
As an employee of the Manager's office, report
to and be under the direct supervision of the Manager, to whom the
Director of Finance shall provide information and periodic reports,
as requested.
[10]
The Director of Finance shall perform such other
related financial duties as are necessary for him to execute the responsibilities
of the Tax Collection and Disbursement Division of the Manager's office.
He shall have such other functions, powers and duties as may be appropriately
assigned to him by the Council.
(2)
Bond of the Director of Finance.
[Amended 7-16-1980 by Ord. No. 80-7; 3-3-2021 by Ord. No.
2021-01]
(a)
The elected Director of Finance shall obtain any and
all bonds as are required by the laws of the Commonwealth of Pennsylvania,
which bonds shall be in such amounts as are provided by said laws
and which bonds shall be filed with such offices or officers as is
required by said laws and as outlined in the Administrative Procedures
Manual. The premiums for said bonds shall be paid by the respective
taxing bodies which utilize the Director of Finance for the collection
of its taxes.
(b)
In addition to his bond for collecting taxes, the
Director of Finance shall give bond with a surety company or other
company authorized by law to act as surety under provision of general
law. The amount of the bond shall be approved by the Council, and
the bond shall be filed with the Secretary of the Township, conditioned
that the Director of Finance shall well and truly account for and
pay over all moneys collected or received for the Township and all
moneys paid by the Commonwealth of Pennsylvania to the Township and
received by him; for the delivery to his successor in office of all
books, papers and documents; for the payment to such successor of
any balance of money belonging to the Township that may remain in
his hands; and for the faithful performance of his office. The premiums
for said bond shall be paid by the Township.
[9]
Editor's Note: Original Sections 450 through
452, inclusive, regarding the Township Treasurer, which immediately
preceded this subsection, were repealed by Ord. No. 80-7.
O.
The Controller.
(1)
Term of office. Beginning at the municipal election
of 1975 and every four years thereafter, the Controller shall be elected
by the voters of the Township at a regular municipal election and
shall serve for a term of four years, said term to start on the first
Monday of January next following the election.
(2)
Compensation. The compensation of the Controller subsequent
to April 19, 1990, and retroactive to such date shall be in the amount
of $7.50 per hour for each hour necessarily employed in the duty of
his or her office. Effective January 1, 2024, the compensation of
the Controller shall be in the amount of $225 per month.
[Amended 9-4-1991 by Ord. No. 91-4; 3-3-2021 by Ord. No.
2021-01]
(3)
Vacancy. If a vacancy occurs in the office of the
elected Controller by death, resignation, removal from the Township
or otherwise, the Council shall fill such vacancy within 30 days thereafter
by choosing a Controller to serve until his successor is elected by
the qualified voters at the next municipal election, occurring at
least 50 days after such vacancy occurs, and is duly sworn into office.
The person so elected shall serve from the first Monday of January
next succeeding his election for the remainder of the term of the
person originally elected to the office.
(4)
Powers and duties. The Controller shall perform the
function of approving the expenditure of Township funds. His duties
shall include the auditing of Township revenues and the pre-auditing
of expenditures. He shall make certain that revenues are received
and disbursed within budgetary limits and according to the mandates
of the law. In addition, the Council shall provide for annual post-audit
of all accounts by an independent auditor who shall be a certified
public accountant registered in Pennsylvania or a firm of certified
accountants so registered. Specifically, the responsibilities of the
Controller are to:
(a)
Ensure that the Director of Finance maintains an accounting
system as recommended to and adopted by the Council, and as recommended
by the Pennsylvania Department of Community and Economic Development.
[Amended 7-16-1980 by Ord. No. 80-7; 3-3-2021 by Ord. No.
2021-01]
(b)
Ensure that all funds due the Township or payable
to the Township from any source are received and properly classified
and to verify that the Director of Finance has taken action to secure
past-due accounts.
[Amended 7-16-1980 by Ord. No. 80-7; 3-3-2021 by Ord. No.
2021-01]
(c)
Verify revenues, expenditures and investments and
to implement the budget.
(d)
Co-sign all drafts disbursing Township funds in accordance
with the procedures for disbursement of Township funds established
by the Council.
[Amended 7-16-1980 by Ord. No. 80-7]
(e)
Act with the Director of Finance and the Manager as
a body to effect the prudent investment of funds in all instances
that investment is feasible.
[Amended 7-16-1980 by Ord. No. 80-7; 3-3-2021 by Ord. No.
2021-01]
(f)
Make regular, periodic reports according to procedures
established by the Council.
(g)
Prepare annual financial reports as required by the
Pennsylvania Department of Community and Economic Development within
the time prescribed by law.
(h)
Establish the amount of the Director of Finance's
bond in accordance with the procedure set forth in the Municipal Procedure
Manual.
[Amended 7-16-1980 by Ord. No. 80-7; 3-3-2021 by Ord. No.
2021-01]
(5)
Bond. The Council may require the Controller to post
bond for the faithful performance of his duties. The sum of the bond
shall be determined by the Council and may be changed by the Council,
as it deems fit, from time to time. Such bond shall be with a surety
company or any other company authorized by law to act as surety, and
the Township shall pay the premium on such bond.
