[Adopted 12-10-1962 by Ord. No. 1962-11 (Part 2, Ch. 2, Art.
B, of the 1976 Code of Ordinances); amended in its entirety 12-13-2021 by Ord. No.
2021-03]
The office of Township Manager-Secretary, having been created
by Ordinance No. 1962-11, is hereby modified by the Manheim Township
Board of Commissioners pursuant to the powers vested in the Commissioners
by Article IX (Township Secretary) and Article XIII-A (Township Manager)
of the First Class Township Code, Act of October 29, 2020 (P.L. 782,
No. 96).[1]
[1]
Editor's Note: See 53 P.S. § 55101 et seq.
A.
The purpose of this article is to enable the Township to function
under generally accepted principles of the commissioners-manager form
of government. The Board shall be responsible for legislative policy-making
and appointing a professional Township Manager-Secretary ("Township
Manager") who shall be responsible for supervising and conducting
the administrative affairs of the Township, as well as carrying out
all policies and programs established by the Board. The Board shall
retain the authority to make decisions related to the administrative
affairs of the Township if a majority of the Board authorizes such
action at a public meeting.
B.
It is the intent of this article to delegate to the Township Manager
nonlegislative and nonjudicial powers and duties of the Board as specified
in this article. Such delegation is subject to recall at any time
by a majority vote of the Board.
The Township Manager shall be appointed as an at-will employee
for an indefinite term by a majority of all members of the Board.
The Township Manager shall serve at the pleasure of the Board and
may be terminated, with or without cause, at any time by a majority
vote of the Board. The Board and Township Manager may enter into an
employment agreement outlining terms and conditions of employment;
however, such agreement shall not interfere or otherwise hinder the
at-will employment relationship of the Township Manager and must be
in compliance with the First Class Township Code.[1]
[1]
Editor's Note: See 53 P.S. § 55101 et seq.
A.
The Township Manager shall be chosen solely on the basis of executive
and administrative abilities, with special reference to training and/or
experience in municipal management and the Township Manager's
duties and responsibilities as more specifically set forth in the
job description for Township Manager. The Township Manager shall not
hold any elective governmental office.
B.
The Township Manager need not be a resident of the Township or state
at the time of the appointment but must relocate to the Township within
no later than six months of hire. The Township Manager may reside
outside the Township while in office with the approval by a majority
vote of the Board.
C.
No member of the Board shall be appointed Township Manager within
one year after the expiration of his or her term as a member of the
Board.
The Township Manager shall give bond to the Township with a
bonding company of the Board's choice in an amount to be approved
by the Board, conditioned on the faithful performance of the Township
Manager's duties. The premium of the bond shall be paid by the
Township.
The Township Manager's initial salary and benefits shall
be approved by ordinance or resolution. Thereafter, salary changes
shall be determined by resolution or other manner of determination
approved by the Board, which may include approval of the annual budget
by the Township as the same may include provision of such compensation.
A.
The Township Manager shall be the chief administrative officer of
the Township and shall be responsible to the Board as a whole for
the proper and efficient administration of the affairs of the Township.
The Township Manager's powers and duties shall relate to the
general management of all Township business not expressly by statute
imposed or conferred upon other Township officers.
B.
Subject to recall by ordinance of the Board, the powers and duties
of the Township Manager shall include the following:
(1)
The Township Manager shall supervise and be responsible for all municipal
departments, provided the Chief of Police shall have and retain direct
supervisory control over the operations of the Manheim Township Police
Department and all police officers serving under the Chief of Police,
and provided the Fire Chief shall have and retain direct supervisory
control over the operations of the Manheim Township Fire Rescue Department
and all Fire Department personnel serving under the Fire Chief. The
Chief of Police and Fire Chief shall report directly to the Township
Manager as the chief administrative and executive officer of the Township.
The Township Manager shall have and retain supervisory responsibility
for the administration of all fiscal matters pertaining to all municipal
departments.
(2)
The Township Manager shall recommend to the Board for review and
approval a hiring process for all department heads. Final hiring decisions
of department heads will be by a majority vote of the Board. The Township
Manager shall oversee hiring of all other nonuniformed and non-civil-service
employees. The Township Manager may discipline or remove employees,
but may only remove department heads with the advice and consent of
the Board. The Township Manager shall report, at the next meeting
thereafter of the Board, any action taken by authority of this section.
The Board, with the assistance of the Township Manager, shall retain
the authority to appoint, discipline, or remove the Chief of Police
or Fire Chief.
(3)
The Township Manager may authorize any department head to exercise
such policies or power with respect to his or her subordinates, provided
any such authorized exercise shall ultimately be subject to the Township
Manager's supervision, review and approval.
(4)
The Township Manager shall prepare and submit to the Board before
the close of the fiscal year, or on such alternate date as the Board
shall determine, 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 of revenues and
expenditures and other supporting data as the Township Manager requests.
The Township Manager shall review such estimates and may revise them
before submitting the budget to the Board.
(6)
The Township Manager shall hold such other municipal offices or head
one or more of the municipal departments as the Board may from time
to time direct, including, but not limited to, Township Secretary.
(7)
The Township Manager shall attend all meetings of the Board and shall
have the right to take part in the discussion at meetings of the Board
upon recognition by the President of the Board. The Township Manager
shall attend meetings of its committees if requested by the Board.
The Township Manager shall receive notice of all special meetings
of the Board or its committees.
(8)
The Township Manager, in consultation with the Secretary and the
President of the Board, shall prepare the agenda for each meeting
of the Board and supply facts pertinent thereto.
(9)
The Township Manager shall keep the Board informed as to the conduct
of Township affairs; submit a comprehensive monthly report to the
Board; submit periodic reports on the condition of the Township's
finances and such other reports as the Board requests; and make such
recommendations to the Board as necessary.
(10)
The Township Manager shall submit to the Board, as soon as possible
after the close of the fiscal year, a complete report of the financial
and administrative activities of the Township for the preceding year
and shall file or oversee the filing of all appropriate audit forms
with state and local authorities as required.
(11)
The Township Manager shall see that the provisions of all franchises,
leases, permits and privileges granted by the Township are observed.
(12)
The Township Manager shall attend to the letting of contracts,
with prior approval of the majority of the Board, in due form of law
and 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.
(13)
The Township Manager 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.
(14)
The Township Manager shall be the purchasing officer of the
Township and shall purchase, in accordance with the provisions of
the First Class Township Code, all supplies and equipment for the
various agencies, boards, departments, and other offices of the Township.
The Township Manager shall keep an account of all purchases and shall,
from time to time or when directed by the Board, make a full written
report thereof. He or she shall also issue rules and regulations,
subject to the approval of the Board, governing the requisition and
purchasing of all municipal supplies and equipment. Notwithstanding
anything herein contained to the contrary, the Township Manager shall
not have the power and authority to make purchases or to enter into
contracts where, according to the First Class Township Code, advertising
is required, except with the prior approval of the majority of the
Board.
(15)
All complaints regarding services of the Township shall be referred
to the office of the Township Manager. The Township Manager or an
officer designated by him or her shall investigate and address such
complaints, and the Township Manager shall report thereon to the Board.
(16)
The Township Manager shall perform other duties as assigned
by the Board.
In their relationship with the Township Manager, the Commissioners
shall act as a body through the Board President or through an appropriate
committee of the Commissioners. Individual members of the Board shall
refrain from interfering with the Township Manager and shall not interfere
with other employees of the Township in the daily performance of their
duties, except for purposes of inquiry. Matters shall be dealt with
solely through the Township Manager, unless otherwise directed by
the Commissioners. The Township Manager shall be responsible to respond
in a timely manner to all reasonable inquiries from members of the
Board. Nothing herein shall prevent the Board from establishing a
committee by resolution of its own to review the operations and legislative
needs of the Township's departments or from assigning its members
to liaison relationships with the individual departments for the purpose
of providing open channels of communications between the Board and
department heads. A Board committee shall not be authorized to make
administrative decisions and shall not be authorized to issue directives
to department heads or employees. Nothing in this section shall limit
the Board's authority to make administrative decisions as a whole
or through the Board President in the event of an emergency or in
the event the Township Manager is incapacitated or otherwise unavailable
to perform his or her duties.
Should any paragraph, sentence, clause or phrase of this article
be declared unconstitutional, or invalid for any reason, the remainder
of said article shall remain in full force and effect, and the same
shall not affect the validity of the remining portion of this article.
This article shall become effective upon enactment.
