[HISTORY: Adopted by the Board of Commissioners
of the Township of Bethlehem 8-14-1972 by Ord. No. 6-72 (Ch. 1, Part 4B, of the
1988 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Personnel policies — See Ch. 52.
The Office of Township Manager is hereby created
by the Township of Bethlehem, subject to the right of the Township,
by ordinance, at any time to abolish such office.
[Amended 3-6-2000 by Ord. No. 1-00]
As soon as practicable after the enactment of
this chapter, the Township Commissioners shall elect, by a majority
vote of all its members, one person to fill the Office of Township
Manager, who shall begin his or her term of office upon his or her
appointment or as soon thereafter as possible, and he or she shall
serve until the first Monday of January of the even-numbered year
succeeding his or her appointment unless and until his successor is
elected and qualifies. Said office shall be filled biennially thereafter.
In case of a vacancy, the Commissioners shall fill said office by
majority vote of all members. The Township Manager shall, however,
be subject to removal at any time by a majority vote of all the members
of the Board of Commissioners.
[Amended 3-6-2000 by Ord. No. 1-00]
The Township Manager shall be chosen solely
on the basis of his or her executive and administrative qualifications,
with special reference to his or her actual experience in or his or
her knowledge of accepted practices in respect to the duties of the
office as herein outlined. The Township Manager need not be a resident
of the Township or of the State of Pennsylvania at the time of his
or her appointment, but as soon as possible thereafter, he or she
shall become and during his or her tenure as Manager shall remain
a resident of the Township. No Commissioner shall be appointed as
Township Manager during his or her term for which he or she shall
have been elected nor within one year after the expiration of his
or her term. The Township Manager shall have no interest in contracts
of the Township, shall not be in debt to the Township and shall not
at the time of his or her appointment be related to any of the Township
Commissioners.
[Amended 8-15-1988 by Ord. No. 8-88; 3-6-2000 by Ord. No.
1-00]
Before entering upon his or her duties, the
Township Manager shall give a bond to the Township, with a bonding
company as surety, in an amount as amended from time to time by resolution,
conditioned for the faithful performance of his or her duties, premium
for the said bond to be paid for by the Township of Bethlehem. The
bond of the Township Manager may be included in, and the Manager may
be bonded under and covered by the blanket bond now in force and effect
for all Township employees in the aforesaid amount, as amended from
time to time by resolution.
The Township Manager shall receive such compensation
as shall be fixed from time to time by resolution.
[Amended 3-6-2000 by Ord. No. 1-00]
The Manager shall be the Chief Administrative
Officer of the Township, and he or she shall be responsible to the
Board of Commissioners as a whole for the proper and efficient administration
of the affairs of the Township. His or her powers and duties shall
relate to the general management of all Township business not expressly
by statute or ordinance imposed or conferred upon other Township officers.
[Amended 3-6-2000 by Ord. No. 1-00]
Subject to recall by ordinance, the powers and
duties of the Manager shall include the following:
A.
He or she shall supervise and be responsible for the
activities of all Township departments, except such departments the
supervision of which shall not have been delegated to the Manager
by the Board of Commissioners.
B.
He or she shall appoint and, when he or she shall
deem it necessary for the good of the Township, shall suspend or discharge,
all employees under his or her supervision; provided, nevertheless,
that persons covered by the Civil Service provisions of the First
Class Township Code shall be appointed, suspended or discharged in
accordance with such provisions. Prior to appointing, suspending or
discharging any employee, the Township Manager shall provide the Board
of Commissioners with written notice of his or her intention to take
such action, which notice shall include an independent, professional,
written rationale therefor. Such notice shall be given to the Board
of Commissioners not less than 48 hours in advance of a regular public
meeting of the Board of Commissioners which is held prior to the Township
Manger taking such action; provided, nevertheless, that the Township
Manager may temporarily suspend any employee under his or her supervision,
with or without pay or other compensation, when he or she shall deem
such temporary suspension necessary for the good of the Township,
without providing prior notice to the Board of Commissioners. In the
event of such temporary suspension, he or she shall notify the Board
of Commissioners of the same and the reasons therefor, in writing,
within 48 hours. In the event the Township Manager shall deem the
creation of a new position of employment or the appointment of any
additional employees to current positions of employment to be necessary
for the good of the Township, he or she shall obtain the prior approval
of the Board of Commissioners therefor; provided, nevertheless, that
the selection of the person for such new position or of such additional
employees shall be the responsibility of the Township Manager subject
to the provisions of this subsection. No person shall be appointed
by the Township Manager to fill any vacancy in any position of employment
at a rate of pay which is more than 5% higher than that received by
the previous employee holding such position without the prior approval
of the Board of Commissioners.
C.
He or she shall prepare and submit to the Board of Commissioners
before the close of the fiscal year or on such alternate date as the
Board of Commissioners shall determine, but no later than November
30, a budget for the next fiscal year and an explanatory budget message.
In preparing the budget, the Township Manager, or an officer designated
by him or her, shall obtain from the head of each department, agency,
board or officer, estimates and may revise them before submitting
the budget to the Board of Commissioners.
[Amended 3-6-2017 by Ord.
No. 01-17]
D.
He or she shall be responsible for the administration
of the budget after its adoption by the Board of Commissioners.
E.
He or she shall, under the direction of the Board
of Commissioners, execute and enforce, the nonpenal laws of the commonwealth
and nonpenal ordinances, resolutions and bylaws of the Township, and
he shall establish necessary procedures and forms, violation notices
and other documents.
F.
He or she shall attend all meetings of the Township
Board of Commissioners and of its committees, with the right to take
part in the discussion and he or she shall receive notice of all regular
and special meetings of the Board of Commissioners and of its committees.
G.
He or she shall prepare the agenda for each meeting
of the Board of Commissioners and supply facts pertinent thereto.
H.
He or she shall keep the Board of Commissioners informed
as to the condition of the Township affairs, submit periodic reports
on the condition of the Township finances and such other reports as
the Board of Commissioners shall request and shall make such recommendations
to the Board of Commissioners as he or she deems necessary.
I.
He or she shall submit to the Board of Commissioners,
as soon as possible after the close of the fiscal year, a complete
report on the financial and administrative activities of the Township
for the preceding year.
J.
He or she shall see that the provisions of all franchises,
leases, permits and privileges granted by the Township are observed.
K.
He or she may employ, by and with the approval of
the Board of Commissioners, experts and consultants to perform work
and to advise in connection with any of the functions of the Township.
L.
He or she shall attend to the letting of contracts
in due form of law, and he or she shall supervise the performance
and faithful execution of the same except insofar as such duties are
expressly imposed upon some other Township officer by statute.
M.
He or she shall see that all money owed the Township
is promptly paid and that proper proceedings are taken for the security
and collection of all the Township's claims.
N.
He or she shall be the purchasing officer of the Township
and he or she shall purchase, in accordance with the provisions of
the Township Code, all supplies and equipment for the various agencies,
boards, departments and other offices of the Township. He or she shall
have authority to make purchases without prior approval of the Board
of Commissioners to the extent and within the limitations established
from time to time by resolution of the Board of Commissioners and,
except as authorized by such resolution, shall make purchases only
upon and with the prior approval of the Board of Commissioners. He
or she shall keep an account of all purchases and shall, from time
to time or when directed by the Board of Commissioners, make a full
written report thereof. He or she shall also issue rules and regulations
subject to approval of the Board of Commissioners governing the requisition
and purchasing of all Township supplies and equipment.
[Amended 3-5-2001 by Ord. No. 2-01]
O.
All complaints regarding services or personnel of
the Township shall be referred to the Office of the Manager. He or
she, or an officer designated by him or her, shall investigate and
dispose of such complaints and the Manager shall report thereon to
the Board of Commissioners, in writing.
P.
He or she shall perform such other duties as may be
required by the Board of Commissioners not inconsistent with the First
Class Township Code, the law relating thereto and ordinances of the
Township.
Q.
The Township Manager shall, every three years, commencing in 2017,
conduct an internal review of the top 10 by dollar value of reoccurring
Township vendors, and it shall thereafter be presented to the Board
of Commissioners. The internal review shall include 1) a brief summary
of the vendor; 2) the services they provide; 3) the current rate structure;
4) three comparative cost bases; and 5) a statement regarding the
Township staff's level of satisfaction. Any conflicts that would
prevent this internal review for a top-ten vendor should be explained
to the Board of Commissioners as part of the internal review process,
(i.e., multiyear contracts and agreements, etc.).
[Added 3-6-2017 by Ord.
No. 01-17]
[Amended 3-6-2000 by Ord. No. 1-00]
Neither the Board of Commissioners nor any of
its members shall publicly or privately influence or attempt to influence
the decision of the Township Manager relating to the appointment,
suspension or discharge of any Township employee, except as may be
necessary to ensure that the written employment policies of the Township
and the requirements of law are duly complied with, request or require
the Township Manager to interview or otherwise consider for appointment
any specific employment applicant or otherwise exert influence to
gain, or attempt to gain, preferential treatment on behalf of any
such applicant or request or require the Township Manager to suspend
or discharge any Township employee. For the purpose of assuring a
clear line of administrative authority, neither the Board of Commissioners
nor any of its members shall give orders or directives, publicly or
privately, directly to any Township employee under the supervision
of the Township Manager. All orders and directives of the Board of
Commissioners shall be issued at a duly convened public meeting and
shall be given to the Township Manager for execution. While other
communications between members of the Board of Commissioners and Township
employees should ordinarily take place in the form of inquiry to the
Township Manager for further communication to the heads of Township
departments and from the heads of Township departments to subordinate
employees, for reply by the Township Manager to the Board of Commissioners,
the members of the Board of Commissioners shall have the right, for
the purposes of inquiry and information exchange, to communicate with
Township employees under the supervision of the Township Manager and
such employees shall have the right to communicate with the members
of the Board of Commissioners for such purposes. Any official action
resulting from such communication shall be taken at a duly convened
public meeting of the Board of Commissioners following reasonable
notice to and receipt of independent, professional written recommendations
from the Township Manager. In the event any member of the Board of
Commissioners becomes aware of circumstances pursuant to which a Township
employee may be suspended or discharged from his or her employment
with the Township, such member shall not communicate with such employee
with respect to such circumstances except at a duly convened meeting
of the Board of Commissioners.
[Amended 3-6-2000 by Ord. No. 1-00]
In case of illness or absence of the Manager
from the Township, the Board of Commissioners shall designate the
replacement who shall perform the duties of the Manager during his
or her absence or disability.
If any section, subsection or sentence, clause
or phrase of this chapter is for any reason held invalid, such decision
or decisions shall not affect the validity of the remaining portions
of this chapter. All ordinances of the Township prescribing the duties
of heads of departments shall remain in full force and effect insofar
as they do not conflict with the provisions of this chapter in which
case the provisions of this chapter shall govern.
