[HISTORY: Adopted by the Borough Council of the Borough of
Zelienople 3-31-2014 by Ord. No.
833-14[1]. Amendments noted where applicable.]
The position of Borough Manager is hereby created. The position
is subject to the following provisions.
A.Â
The Manager shall be appointed for an indefinite time by a majority
of all members of Council.
B.Â
Council shall fix the compensation of the Borough Manager.
C.Â
Council may enter into an employment agreement with the Manager setting
forth the terms and conditions of employment. However, he/she shall,
at all times, serve at the pleasure of the Borough Council and may
be removed at any time by a majority vote by Borough Council; provided,
at least 30 days before such removal is to become effective, the Council
shall furnish the Manager with a written statement setting forth its
intentions to remove him/her.
D.Â
The Borough Manager is hereby precluded and prohibited from accepting
any gifts or gratuities in any amount from any individual or corporation
which sells, supplies or markets equipment, goods or services to the
Borough or who, at any time hereafter, may sell or supply equipment,
goods or services to the Borough.
E.Â
The Borough Manager is precluded from obtaining any outside employment
except under the following circumstances:
The Borough Manager shall be chosen solely on the basis of administrative
and executive abilities. Special attention will be paid to training
and/or experience in municipal management or reference made to the
duties of the office as hereinafter set forth. The Manager may not
be a resident to the Borough of Zelienople or the Commonwealth of
Pennsylvania at the time of appointment; however, the Manager must
become a resident of the Borough of Zelienople within six months of
his/her appointment. Upon application to Council and with Council's
approval, this period may be extended up to an additional six months.
The residency requirement may be waived upon council approval.
The Borough Manager, before taking office and each year thereafter,
shall provide to the Borough a fidelity bond with a corporation license
to do business in the Commonwealth of Pennsylvania as surety, in the
amount of $250,000. Said bond shall be conditioned upon the faithful
performance of the Borough Manager's duties. The premium of said
bond is to be paid by the Borough.
The Manager shall be the Chief Administrative Officer of the
Borough and he/she shall be responsible to the Borough Council as
a whole for the proper and efficient administration of the affairs
of the Borough. The Manager will also serve as the Borough Secretary
for the purpose of attesting and affixing the Borough seal to any
and all documents executed by the Borough which require such authentication.
The Borough Manager shall be charged with enforcement of all laws
and ordinances within the Borough insofar as the enforcement is within
the power of the Borough and has not been delegated by ordinance or
resolution to other employees. The Borough Manager's power and
duties extend to the general management of all Borough business not
expressly by statute or ordinance imposed or conferred upon other
Borough officers or employees.
The powers and duties of the Borough Manager shall include the
following:
A.Â
Be responsible to the Council for carrying out all policies and programs
established by Council.
B.Â
Supervise and be responsible for the activities of all municipal
departments.
C.Â
The Manager may head one or more municipal departments as the Borough
Council may, from time to time, direct.
D.Â
Hire, suspend or discharge all employees under the Manager's
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. Except for the suspension of an employee with
pay, the Manager shall consult with, and obtain the prior approval
of, Borough Council for any action to hire, suspend, or discharge
an employee.
E.Â
The Manager shall prepare and submit to Council a budget for the
next fiscal year with an explanatory budget message. The budget message
shall provide in narrative form information concerning the fiscal
plan emphasizing the significant changes in revenues and/or expenditures
any specific programs, or projects in the budget. Said budget shall
be submitted to Council at such times and in such fashion as to comply
with the provisions of the Borough Code for the proper and timely
enactment and approval of said budget. 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 the Manager requests.
The Manager shall review and may revise such estimates before submitting
the budget to Borough Council.
F.Â
The Manager shall recommend to the Borough Council a schedule of
compensation for each appointed office and position in the Borough's
service.
G.Â
The Borough Manager shall attend all meetings of the Borough Council
and its committees with the right to take part in the discussions.
The Manager shall receive notice of all special meetings of Council
and its committee.
H.Â
The Manager shall prepare the agenda for each meeting of Council,
and supply facts pertinent thereto.
I.Â
The Manager shall state a Manager's report at each meeting of
the Borough Council, providing information as to the conduct of the
Borough's affairs and condition of the Borough's finances,
and make such other reports as the Borough Council requests with recommendations
to the Borough Council as the Manager may deem necessary.
J.Â
The Borough Manager shall submit to Borough Council, as soon as possible
at the close of the fiscal year, a complete report on the finances
and the administrative activities of the Borough for the preceding
year. Should Borough Council elect to have a complete audit performed
on the Borough's finances, the Manager will cooperate fully and
completely with the auditors in providing them information necessary
for the completion of the audit.
K.Â
The Manager, in conjunction with the preparation of the yearly budget,
shall prepare a long-range fiscal plan and capital improvement plan
for the Borough. The fiscal plan and capital improvement plan will
set forth the proposals in increments of two years and five years.
Such plans are to be presented annually to the Council for its review
and adoption.
L.Â
The Manager may employ experts and consultants to perform work and
to advise in connection with any of the functions of the Borough;
however, the Manager may not expend an amount in excess of $2,500
for this purpose. The Manager may make capital purchases not to exceed
$1,000 per item, providing the Manager advises Borough Council of
each such purchase. The Manager shall have the power to purchase ordinary
maintenance supplies and equipment for the use of the Borough subject
to the bidding provisions of the Borough Code. The Borough Manager
shall see that the provisions of all franchises, leases, permits and
privileges granted by the Borough are observed.
M.Â
The Borough Manager shall attend to the letting of contracts in due
form of law.
N.Â
The Borough Manager shall see that all monies owed the Borough are
promptly paid and that proper proceedings are taken for the security
and collection of all the Borough's claims.
O.Â
The Borough Manager shall keep a current inventory showing all real
and personal property of the Borough and its location and shall be
responsible for the care, custody and maintenance of all such property,
including equipment, buildings, parks and other Borough property which
is not by statute, ordinance or resolution assigned to some other
officer for care or control.
P.Â
The Borough Manager shall cooperate with Borough Council at all times
and in all matters so that the best interest of the general public
may be maintained.
Q.Â
All complaints regarding services or personnel of the Borough shall
be referred to the Borough Manager. He/she, or an officer designated
by him/her, shall investigate and dispose of such complaints, and
the Manager shall report thereon to Council.
R.Â
The Borough Manager shall be considered the chief financial officer
for the pension plan and is hereby authorized to execute all documents
in connection therewith; however the Borough Council will retain ultimate
authority for the administration of the Borough's pension plans.
S.Â
Except when provided otherwise in a collective bargaining agreement,
the Borough Manager shall hear and resolve employee grievances in
accordance with the Borough's policies and procedures.
The Mayor is hereby authorized to delegate to the Borough Manager,
subject to revocation by written notification at any time, any of
his/her nonlegislative and nonjudicial powers and duties.
Neither the Council, its members, nor its committees shall dictate
or influence or attempt to dictate or influence the hiring of any
person to, or his discharge from, municipal employment by the Manager
or in any manner take part in the hiring, suspending or discharging
of employees in the administrative service of the Borough except as
required by the civil service provisions of the Borough Code. Other
than for the purposes of inquiry, Council or any of its members shall
deal with the administrative service solely through the Borough Manager,
and neither the Council nor any of its members, or any of Council's
committees or its members shall give orders - publicly or privately
- to any subordinate of the Manager. However, nothing shall prevent
the Council from establishing a committee of its own members to review
the operations and legislative needs of the Borough departments, or
from assigning its members to liaison relationships with board, commissions
and authorities.
If the Borough Manager becomes ill or needs to be absent from
the Borough for any period of time, he/she shall designate a qualified
member of his/her staff who shall perform the duties of Manager during
his/her absence or disability. The person so designated shall not
perform these duties for a period longer than two weeks without the
approval of Borough Council. Council, by a majority vote may, at any
time, revoke such designation and appoint a qualified employee to
serve as acting Manager.