[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Uwchlan 10-3-1988 by Ord. No. 88-02.
Amendments noted where applicable.]
The office of Township Manager is hereby created
by the Board of Supervisors.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The Board of Supervisors may by ordinance at any time create the Office of Township Manager and may in like manner abolish the Office. While the Office exists, the Board of Supervisors shall appoint one person to fill the Office. The Township Manager shall serve at the pleasure of the Board of Supervisors, subject to contractual rights that may arise under an employment agreement that may be entered into in accordance with Subsection B.
B.
The Board
of Supervisors may enter into an employment agreement 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' organizational meeting following the next municipal
election, whichever shall first occur. An employment agreement entered
into pursuant to this subsection 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.
The Manager shall be chosen solely on the basis
of executive and administrative abilities, with special reference
to the duties of the office as herein outlined. The Manager need not
be a resident of Upper Uwchlan Township or of the Commonwealth of
Pennsylvania at the time of appointment, but during the tenure of
office he may reside outside Upper Uwchlan Township only with the
approval of the Board of Supervisors. If the Board of Supervisors
fails within a reasonable time, not to exceed 60 days after the appointment,
to approve the Manager's residence outside Upper Uwchlan Township,
he must immediately become, and during his tenure remain, a resident
of Upper Uwchlan Township.
Before entering his duties, the Manager shall
give a bond, in the sum of no less than $50,000, which may be increased
from time to time by the Board of Supervisors, said bond to be in
favor of Upper Uwchlan Township with a bonding company as surety,
satisfactory to the Board of Supervisors, conditioned upon the faithful
performance of his duties, the premium for said bond to be paid by
Upper Uwchlan Township.
The salary of the Township Manager shall be
fixed from time to time by the Board of Supervisors.
A.
The Manager shall be the chief administrative officer
of Upper Uwchlan Township and shall be responsible to the Board of
Supervisors as a whole for the proper and efficient administration
of the affairs of Upper Uwchlan Township placed in his charge. The
powers and duties for administration of all Township business shall
be vested in the Manager, unless expressly imposed or conferred by
statute or ordinance upon other Township officers.
B.
Subject to recall by ordinance of Upper Uwchlan Township,
the powers and duties of the Township Manager shall include the following:
(1)
Supervise and be responsible for the activities of
all municipal departments.
(2)
Hire and, when necessary for the good of Upper Uwchlan
Township, suspend or discharge any employee under his supervision,
provided that persons covered by the civil service provisions of the
Township Code shall be hired, suspended or discharged in accordance
with such provisions, and provided further that the Manager shall
report, at the next meeting thereafter of the Board of Supervisors,
any action taken by authority of this subsection.
(3)
Fix wages and salaries of all personnel under his
supervision, within a range previously determined by the Board of
Supervisors.
(4)
Prepare and submit to the Board of Supervisors a budget
for the next fiscal year and an explanatory budget message, in such
a timely fashion as will enable the Board of Supervisors to consider
and adopt the budget and related tax ordinances according to the requirements
of law. In preparing the budget, the Manager, or an officer designated
by him, shall obtain from the head of each department, agency or board,
or any qualified officer thereof, estimates of revenues and expenditures
and such other supporting data as is required. The Manager shall review
such estimates and may revise them before submitting the budget to
the Board of Supervisors.
(5)
Be responsible for the administration of the budget
after its adoption by the Board of Supervisors.
(6)
Develop, in conjunction with the preparation of the
budget, long-range fiscal plans for Upper Uwchlan Township, such plans
to be presented annually to the Board of Supervisors for its review
and adoption.
(7)
Hold such other Township offices and head such Township
departments as the Board of Supervisors may from time to time direct.
(8)
Attend all meetings of the Board of Supervisors and
its committees with the right to take part in the discussions. The
Manager shall receive notice of all special meetings of the Board
of Supervisors and its committees.
(9)
Prepare the agenda for each meeting of the Board of
Supervisors and supply facts pertinent thereto.
(10)
Keep the Board of Supervisors informed as to the conduct
of Township affairs; submit periodic reports on the condition of the
Township finances and such other reports as the Board of Supervisors
requests; and make such recommendations to the Board of Supervisors
as deemed advisable.
(11)
Submit to the Board of Supervisors, as soon as possible
after the close of the fiscal year, a complete report on the finances
and administrative activities of Upper Uwchlan Township for the preceding
year.
(12)
See that the provisions of all franchises, leases,
permits, and privileges granted by the Board of Supervisors are observed.
(13)
Employ, by and with the approval of the Board of Supervisors,
experts and consultants to perform work and to advise.
(14)
Attend to the letting of contracts in due form of
law. The Manager shall supervise the performance and faithful execution
of the same except insofar as such duties are expressly imposed by
statute upon some other Township officer.
(15)
Be responsible for all accounts payable and receivable.
(16)
Serve as Purchasing Officer of Upper Uwchlan Township
and purchase, in accordance with the provisions of the Township Code,
all supplies and equipment for the agencies, boards, departments,
and other offices of Upper Uwchlan Township. The Manager shall keep
an account of all purchases and shall, from time to time or when directed
by the Board of Supervisors, make a full written report thereof. He
shall also issue rules and regulations, subject to the approval of
the Board of Supervisors, governing the procurement of all municipal
supplies and equipment.
(17)
Investigate and dispose of, or designate an officer
to investigate and dispose of, all complaints regarding Township services
and personnel, and to report to the council thereon. All complaints
regarding Township services shall be referred to the office of the
Manager.
(18)
Enforce the ordinances and regulations of Upper Uwchlan
Township.
The Board of Supervisors, its members, and its
committees shall not dictate or influence the hiring of any person
to, or his discharge from, municipal employment by the Manager, or
in any manner take part in this hiring, suspending or discharging
of employees in the administrative service of Upper Uwchlan Township
except as required by the civil service provisions of the Township
Code or the provisions of the Local Agency Act.[1] Other than for the purposes of inquiry the Board of Supervisors
or any of its members or any of the Township committees or its members
shall deal with the administrative service solely through the Manager,
and the Board of Supervisors or any of its members, the Township committees
or its members shall not give orders, publicly or privately, to any
subordinate of the Manager.
[1]
Editor's Note: See 2 Pa.C.S.A. § 105.
If the Manager becomes ill or needs to be absent
from Upper Uwchlan Township, he shall designate one qualified member
of his staff to perform the duties of the Manager during his absence
or disability. The person so designated shall not perform these duties
for a period longer than two weeks without the approval of the Board
of Supervisors.
