[HISTORY: Adopted by the Council of the Borough of Darby 3-13-1972 by Ord. No. 526, approved 3-13-1972. Amendments
noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 19.
The office of Borough Manager is hereby created by the Borough
of Darby, subject to the right of the Borough to abolish said office
at any time by ordinance.
[Amended 11-2-1988 by Ord. No. 660, approved 11-2-1988]
The Manager shall be appointed by a majority of all members
of the Borough Council to serve until his successor is appointed and
qualifies for office. The Borough Council shall have power to enter
into an employment contract with the Borough Manager setting forth
his compensation, duties, responsibilities, powers, etc., in addition
to those set forth in this chapter. In the event of a vacancy, the
Borough Council shall elect a replacement by a majority vote of all
of its members for the unexpired term. The Manager may be removed
at any time by a majority of the Borough Council.
The Manager shall be chosen solely on the basis of his executive
and administrative abilities, with special reference to his actual
experience in or his knowledge of accepted practices in respect to
the duties of his office as herein outlined. The Manager need not
be a resident of the Borough or of the State of Pennsylvania at the
time of his appointment, but within six months he shall become and
during his tenure shall remain a resident of the Borough.
Before entering upon his duties, the Manager shall give a bond
to the Borough with a bonding company as surety, to be approved by
the Borough, in the sum of $5,000, conditioned for the faithful performance
of his duties. The premium shall be paid by the Council. The bond
of the Borough Manager may be included in and covered by any comprehensive
bond of $5,000 now or hereafter in force or effect for all Borough
employees.
[Amended 3-5-1975 by Ord.
No. 557, approved 3-5-1975; 11-2-1988 by Ord. No.
660, approved 11-2-1988]
The salary of the Borough Manager shall be fixed from time to time in the manner as the salaries of other Borough officers are set or by an employment contract as provided for in § 15-2 hereof, if the Borough Council so determines.
A.
The Manager shall be the chief administrative officer of the Borough,
and he shall be responsible to the Borough Council as a whole for
the proper and efficient administration of the affairs of the Borough.
His powers and duties shall relate to the general management of all
Borough business not expressly imposed or conferred by statute or
ordinance upon other Borough officers.
B.
Subject to recall by ordinance of the Borough, the powers and duties
of the Borough Manager shall include the following:
(2)
He shall, with the prior approval of the majority of the Council,
hire and, when necessary for the good of the service, suspend or discharge
all employees under his supervision, provided that persons covered
by the civil service provisions of the Borough Code[2] shall be hired, suspended or discharged in accordance
with such provisions; provided further that the Manager shall report,
at the next meeting thereafter of the Borough Council, any action
taken by authority of this subsection.
[2]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
(3)
He shall prepare and submit to the Council before the close of the
fiscal year, or on such alternate date as the Council shall determine,
a budget for the next fiscal year and an explanatory budget message.
In preparing the budget, the Manager or an officer designated by him
shall obtain from the head of each department, agency, board or office
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 Borough Council.
(4)
He shall be responsible for the administration of the budget after
its adoption by the Borough Council.
(5)
He shall hold such other municipal offices or head one or more of
the municipal departments as the Council may from time to time direct,
except where specifically prohibited by the Borough Code.
(6)
He shall attend all meetings of the Borough Council and its committees,
with the right to take part in the discussion, and he shall receive
notice of all special meetings of the Council or its committees.
(7)
He shall prepare the agenda for each regular monthly meeting of the
Borough Council and supply facts pertinent thereto.
(8)
He shall keep the Council informed as to the conduct of the Borough
affairs, submit periodic reports on the condition of the Borough finances
and such other reports as the Council requests and make such recommendations
to the Council as he deems necessary.
(9)
He shall submit to the 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.
(10)
He shall see that the provisions of all franchises, leases, permits
and privileges granted by the Borough are observed.
(11)
He may employ, by and with the approval of the Council, experts and
consultants to perform work and to advise in connection with any of
the functions of the Borough.
(12)
He shall attend to the letting of contracts, with prior approval
of the majority of the Council, 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 office
by statute or ordinance.
(13)
He 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.
(14)
He shall be the Purchasing Officer of the Borough and he shall purchase,
in accordance with the provisions of the Borough Code, all supplies
and equipment for the various agencies, boards, departments and other
offices of the Borough. Prior approval of a majority of the Council
shall be obtained for individual purchases exceeding $300. For purchases
made without prior approval of the Council, at least two quotations
shall be solicited from manufacturers, firms or dealers when such
items exceed $100 and the purchase shall be made from the lowest responsible
bidder when the kind and quality of the item shall be equal.
(15)
He shall keep an account of all purchases and shall, from time to
time or when directed by the President of Council, make a full written
report thereof. He shall also issue rules and regulations, subject
to the approval of the Council, governing the requisition and purchasing
of all municipal supplies and equipment. Notwithstanding anything
herein contained to the contrary, the Borough Manager shall not have
the power and authority to make purchases or to enter into contracts
where, according to the Borough Code, advertising is required, except
with the prior approval of the majority of the Council.
(16)
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 the Council.
If the Manager becomes ill or needs to be absent from the Borough,
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 Council.
