Officers and employees — See Ch. 51.
Property inventory and control duties — See Ch. 69.
Residency requirement — See Ch. 73.
Salaries and compensation — See Ch. 77.
§ 43-1Position created.
§ 43-2Appointment and term.
§ 43-6General authority.
§ 43-7Powers and duties.
§ 43-8Acting Manager.
The office of Borough Manager is hereby created by the Borough of Middletown, subject to the right of the Borough, by ordinance, at any time to abolish such office.
As soon as practicable after the enactment of this chapter, the Borough Council shall elect, by a majority vote of all its members, one person to fill the office of Borough Manager, who shall serve until his successor is elected and qualifies. In the case of a vacancy, the Council shall fill said office by majority vote of all its members. The Borough Manager shall, however, be subject to removal at any time by a majority vote of all of the members of the Council.
The Manager shall be chosen solely on the basis of his executive administrative abilities, but shall at least have a four-year degree from an accredited college or university in business administration or public administration, and shall be over the age of 21, with special reference to his or her actual experience or knowledge of accepted practices in respect to the duties of the office as herein outlined. A degree in a related field and three years' experience as a manager during the past five years will be accepted. The Manager need not be a resident of the Borough of Middletown, or the Commonwealth of Pennsylvania, at the time of their appointment, but within 15 months thereafter, they shall establish a residence and during their tenure as Manager shall remain a resident of the Borough of Middletown.
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 Council, in an amount to be determined by the Council, conditioned for the faithful performance of his duties. The premium shall be paid by the Borough.
The Borough Manager shall receive such compensation as shall be fixed from time to time by the Borough Council of the Borough of Middletown.
The Manager shall be the Chief Administrative Officer of the Borough, and he shall be responsible to the 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, by statute or ordinance, imposed or conferred upon other Borough officers. The Mayor is hereby authorized to delegate to the Borough Manager, subject to recall by written notification at any time, any of his nonlegislative and nonjudicial powers and duties.
Subject to recall by ordinance, the powers and duties of the Manager shall include the following:
He shall supervise and be responsible for the activities of all municipal departments, except such departments the supervision of which shall not have been delegated to the Manager by the Mayor or by the Council, as the case may be.
He shall hire and, when he shall deem it necessary for the good of the service, shall suspend or discharge all employees under his supervision, provided that persons covered by the civil service provisions of the Borough Code shall be hired, suspended or discharged in accordance with such provisions; provided, further, that the Manager shall report, at the next regular meeting thereafter of the Council, any action taken by authority of this subsection.
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 Council.
He shall be responsible for the administration of the budget after its adoption by the Council.
He shall, under the direction of the Mayor, execute and enforce the laws of the commonwealth and ordinances, resolutions and bylaws of the Borough.
He shall attend all meetings of the Borough Council and of its committees, with the right to take part in the discussion, and he shall receive notice of all special meetings of the Council and of its committees.
He shall prepare the agenda for each meeting of the Council and supply facts pertinent thereto.
He shall keep the Council informed as to the conduct of Borough affairs, submit periodic reports on the condition of the Borough finances and such other reports as the Council shall request and shall make such recommendations to the Council as he deems necessary.
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.
He shall see that the provisions of all franchises, leases, permits and privileges granted by the Borough are observed.
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.
He shall attend to the letting of contracts 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 officer by statute.
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.
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. He shall keep an account of all purchases and shall, from time to time or when directed by the 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.
The Manager, in his capacity as Purchasing Officer of the Borough, shall ensure that the Borough's established written code or standards of conduct governing the actions of Borough employees or agents of the Borough involved in the award and administration of all Borough contracts is enforced so that no Borough employee or agent of the Borough participates in any contract award or administration if a conflict of interest exists between that employee or agent, either through his personal and/or financial interests outside of his Borough employment or through the personal and/or financial interests of any member of his immediate family.
The Manager shall further ensure that no Borough officer, employee or agent shall solicit or accept any gratuity, favor or anything of monetary value from organizations under actual or potential contracts with the Borough. The Borough Manager shall initiate disciplinary action in accordance with the Borough's personnel policy regulations for any employee found to be in noncompliance with this subsection.
The Manager shall establish procurement procedures for designated purchasing officials to follow. These procedures shall, at a minimum, require authorized Borough purchasing officials to make reviews of their purchases to avoid the purchase of unnecessary or duplicative items. In addition, the Manager shall encourage each authorized purchasing official to consider the consolidation or breaking out of purchases to obtain more economical purchases.
The Manager shall ensure that all Borough procurement transactions are conducted in an open manner and that the procurement procedures used by the Borough do not restrict or eliminate competition.
The Manager shall establish and shall maintain written selection procedures which, at a minimum, include the following requirements:
Solicitations of offer, which include clear and accurate technical requirements which do not restrict competition. Brand names may only be included if an "or equal" provision is included as well. Solicitations of offer shall also include the factors which shall be used in evaluating a particular bid or proposal.
Awards shall only be made to responsible contractors.
The Manager shall appoint a Contract Administration Officer upon the award of each Borough contract. The Contract Administration Officer shall then be responsible for monitoring contractors to ensure compliance with contracts. When the Contract Administration Officer finds evidence of contractor noncompliance with a Borough contract, he shall notify the Borough Manager immediately so that action(s) may be taken to protect the Borough's interests.
He shall cooperate with the Borough Council at all times and in all matters that the best interests of the Borough and of the general public may be maintained.
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.
In case of illness or absence of the Manager from the Borough, he shall delegate one qualified member of his staff who shall perform the duties of the Manager during his absence or disability. The person so designated shall not perform such duties for a period longer than two weeks without the approval of the Council.