[HISTORY: Adopted by the Borough Council
of the Borough of New Freedom 4-11-1988 by Ord. No. 1988-4 (Ch. 1, Part 2, of
the 1983 Code of Ordinances). Amendments noted where applicable.]
This chapter may be cited as "The New Freedom
Borough Manager/Administrator Ordinance."
The office of Borough Manager/Administrator
is hereby created by the Borough of New Freedom.
The Manager/Administrator shall be appointed
for an indefinite term by a majority of all members of Council. The
Manager/Administrator shall serve at the pleasure of the Council,
and he may be removed at any time by a majority vote of all its members.
The contract of employment may provide for such notice of the Council's
intentions to remove the Manager/Administrator in advance of the effective
date (or in lieu thereof, the tendering of pay due him up to and through
such period), and of the Manager/Administrator's intention to resign
in advance of the effective date, as the parties may agree.
[Amended 2-26-1990 by Ord. No. 1990-3]
The Manager/Administrator shall be chosen on
the basis of executive and administrative abilities (which, without
limiting the scope of the foregoing, shall include the ability to
work successfully with superiors, subordinates and members of the
public, and an understanding of the natural sciences, technology,
accounting and law), with special reference to the duties of the office
as herein outlined. The Manager/Administrator need not be a resident
of the Borough or of the Commonwealth of Pennsylvania at the time
of appointment, but during the tenure of the office, he must live
within a reasonable distance from the Borough, to be determined by
the Council.
Before entering upon his duties, the Manager/Administrator
shall give a bond to the Borough with a bonding company as surety,
to be approved by the Council, in the sum of $100,000, conditioned
upon the faithful performance of his duties; the premium for said
bond to be paid by the Borough.
The salary of the Borough Manager/Administrator
shall be fixed from time to time by the Council.
The Manager/Administrator shall be the Chief
Administrative Officer of the Borough and shall be responsible to
the Council as a whole for the proper and efficient administration
of the affairs of the Borough placed in his charge. The powers and
duties of administration of all Borough business shall be vested in
the Manager/Administrator, unless expressly imposed or conferred by
statute or ordinance upon other Borough officers.
A.
Subject to recall by ordinance of Council, the powers
and duties of the Borough Manager/Administrator shall include the
following:
(1)
Supervise employees. To supervise and to be responsible
for the activities of all municipal employees. Nothing in this provision
is intended, however, to apply to the supervision of the Police Department,
in the absence of a delegation of authority from the Mayor.
(2)
Hiring, discharging employees. He shall hire and,
when necessary for the good of the service, shall discipline, suspend
or discharge any employee under his supervision, provided that:
(a)
Prior approval of the Council shall be obtained
before enlarging staff either by the creation of a new position or
increasing the number of employees in the then present categories.
(b)
Persons covered by the civil service provisions
of the Borough Code shall be hired, suspended or discharged in accordance
with such provisions.
(c)
The Manager/Administrator shall notify at once
and in writing each of the Council members of any action taken by
authority of this subsection.
(d)
The Manager/Administrator shall report, at the
next meeting thereafter of the Council, any action taken by authority
of this subsection.
(3)
Wages and salaries. To recommend wages and salaries
for all personnel under his supervision to Council annually. Prior
to presentation of these recommendations to Council, the Manager/Administrator
shall conduct performance reviews (with written record of same) with
each employee under his supervision.
(4)
Preparation of annual budget. To prepare and submit
to Council, before November 1 of each year, a proposed budget for
the next year and an explanatory budget message. In preparing the
proposed budget, the Manager/Administrator 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/Administrator shall review such estimates
and may revise them before submitting the proposed budget to the Council.
He shall publish notice of the proposed budget as accepted by Council
and shall prepare and advertise notice of the Council's intention
to enact the tax ordinance.
(5)
Administration of budget. To be responsible for the
administration of the budget after its adoption by the Council.
(6)
Preparation of long-range financial plans. To develop,
in conjunction with the preparation of the yearly budget, long-range
fiscal plans to be presented annually to the Council for its review
and adoption.
(7)
Other offices and functions. To hold such other municipal
offices as the Council may from time to time direct, in accordance
with the law.
(8)
Attendance at meetings. To attend, when available
or when directed to do so by Borough Council, meetings of Borough
Council and committees thereof, as required and to take part in the
discussions. Further, the Manager/Administrator may attend meetings
of the Borough Planning Commission and Zoning Hearing Board, but may
direct a member of Borough staff to attend such meetings if such staff
member is the appropriate person to attend given the staff member's
knowledge and information to address the matters being discussed at
such meeting. The Manager/ Administrator shall receive notice of regular
and special meetings of Borough Council, committee meetings, Borough
Planning Commission and Zoning Hearing Board.
[Amended 12-12-2022 by Ord. No. 2022-7]
(9)
Prepare agenda for meetings. To prepare the agenda
for each meeting of Council, Planning Commission and, if requested,
the New Freedom Borough Authority, and supply facts pertinent thereto.
(10)
Prepare minutes of meetings. To insure that the minutes
of the meeting of Council, Planning Commission and, if requested,
the New Freedom Borough Authority, are prepared.
(11)
Reports and recommendations.
(a)
To keep the Council informed on a monthly basis
as to the conduct of Borough affairs, including, but not limited to,
analyses of applications for subdivision approval; to submit periodic
reports on the condition of the Borough finances and such other reports
as the Council requests; and to make such recommendations to the Council
as he deems advisable.
(b)
To keep the Board of the New Freedom Borough
Authority similarly informed.
(12)
Annual budget and activities report. To submit to
Council, as soon as possible after the close of the fiscal year, a
complete report on the finances and the activities of the Borough
for the preceding year.
(13)
Supervision of franchises, permits, etc. To see that
the provisions of all franchises, leases, permits and privileges granted
by the Borough are observed.
(14)
Employment of experts and consultants. To employ,
by and with the approval of Council, experts and consultants to perform
work and to advise in connection with any of the functions of the
Borough.
(15)
Contracts. To attend to the letting of contracts according
to law, and to supervise the performance and faithful execution of
all contracts entered into by the Council except insofar as such duties
are expressly imposed by statute upon some other Borough officer.
(16)
Collection of money. To 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.
(17)
Purchasing. To serve as Purchasing Officer of the
Borough and of the New Freedom Borough Authority, if requested by
the Board of the Authority; to purchase all supplies and equipment
for the agencies, boards, departments and other offices of the Borough
and, if requested, the Authority, in accordance with the provisions
of the Borough Code and the Authorities Act. The Manager/Administrator
shall keep an account of all purchases and shall, from time to time
or when directed by Council or the Board of the Authority, make a
full written report thereof. He shall also issue rules and regulations,
subject to the approval of Council or the Board of the Authority,
governing the procurement of all municipal or Authority supplies and
equipment.
(18)
Handling of complaints. To investigate and dispose
of, or to designate an officer to investigate and dispose of, all
complaints regarding Borough services, personnel or facilities, and
to report to the Council thereon. Complaints regarding Borough services
shall be referred to the office of the Manager/Administrator. Responses
and/or resolution of all written complaints shall be given in a reasonable
time in writing.
(19)
Preparation of ordinances. To prepare such ordinances
for review and adoption as requested by Council, and to attend to
the preparation and advertising of notice to the public of the Council's
intent to consider enactment thereof.
(20)
Recommendation of needed legislation; establishment
of filing systems and administrative procedures. To research and investigate
the administrative and governmental functions of various boroughs
and townships and make recommendations to the Council of appropriate
ordinances affecting the health, safety, welfare and administration
of this Borough. He shall establish and maintain appropriate filing
systems and efficient administrative procedures for the conduct of
the business of the Borough.
(21)
Enforcement. To ensure that all ordinances and regulations
of the Borough are enforced by the officer(s) who are authorized by
law to do so.
(22)
Other duties. To perform such other duties as may
be from time to time, by ordinance, conferred upon him.
B.
The Borough reserves the right at any time, by ordinance,
to amend or otherwise modify or repeal this chapter in any particular.
Other than for the purposes of inquiry, the
Council or any of its members, or any of Council's boards or committees
or its members, should deal with Borough employees solely through
the Borough Manager/Administrator and neither the Council nor any
of its members, nor any of Council's boards or committees or its members,
should give orders, publicly or privately, to any subordinate of the
Manager/Administrator.
If the Manager/Administrator becomes ill or
needs to be absent from the Borough, the President of Council shall
serve in his place.
[Amended 12-12-2022 by Ord. No. 2022-7]
Wherever in this chapter a masculine pronoun
is used, it includes the feminine. Wherever the term "Borough Manager/Administrator"
is used in this chapter, it shall be read to include a Borough staff
member or other personnel who has the appropriate knowledge and/or
information to act on his or her behalf in such situation. This shall
include, but not be limited to, the Borough Manager/Administrator's
temporary absence from the Borough due to illness, vacation or previous
engagement; provided, however, that a majority of the Borough Council
may require the presence of the Borough Manager/Administrator at an
event, meeting or in any other situation Borough Council may deem
appropriate.
