Borough of Lewistown, PA
Mifflin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Lewistown 6-11-2012 by Ord. No. 2012-3. Amendments noted where applicable.]

§ 30-1 Creation of office of Borough Manager.

Pursuant to the authority granted to Borough Council by the Borough Code[1], as it may be amended, supplemented and superseded from time to time, the appointive office of Borough Manager of the Borough of Lewistown is created. Pursuant to the same authority, Borough Council reserves the right to abolish the office of Borough Manager at any time by ordinance.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.

§ 30-2 Appointment; term of office.

From time to time as the occasion may warrant or require, and whenever there is a vacancy in the office of Borough Manager, Council shall appoint, by a majority vote of all of the Borough Council then in office, one individual to the office of Borough Manager. The Borough Manager shall serve for an indefinite term at the pleasure of Council, and the Borough Manager may be removed by Council at any time, either for cause or for no cause, by a majority vote of the Borough Council then in office.

§ 30-3 Qualifications.

The individual appointed as Borough Manager shall be chosen on the basis of his or her executive and administrative abilities, with special reference to his or her actual experience in or his or her knowledge of the accepted practices as respects the duties of the office of Borough Manager as set forth in this chapter. The Borough Manager need not be a resident of the Borough or of the Commonwealth of Pennsylvania at the time of appointment, but within one year after appointment shall become and shall, during his or her tenure, remain a resident of Mifflin County, Pennsylvania, residing within a radius of six air miles of Monument Square within the Borough, and shall engage in no outside activity which requires that he or she is regularly or consistently absent from the area for long or extended periods of time. The individual appointed as the Borough Manager shall be a citizen of the United States; shall be 21 years of age or older; and shall possess such technical skills, managerial skills, executive ability, leadership ability, training or education, experience, and the like as Borough Council may deem necessary or appropriate.

§ 30-4 Bond.

A. 
Prior to assuming the duties of Borough Manager, the individual appointed as Borough Manager shall file a fidelity bond with the Borough naming the Borough as obligee. The said bond shall be in such amount as established by resolution of Borough Council adopted from time to time. The bond shall be guaranteed by a corporate surety company authorized to act as a surety in the Commonwealth of Pennsylvania and to transact business in the Commonwealth of Pennsylvania, and appearing in the United States Treasury Department's most current list (i.e., U.S. Treasury Circular 570, as amended, supplemented or successor publication), as Borough Council may direct.
B. 
The premium or other charge for the initial issuance of the bond, and the premium or other charge for the periodic renewal of the bond, shall be paid for by the Borough of Lewistown.

§ 30-5 Compensation and other benefits.

The salary, salary pay periods, holidays, vacation days, sick leave and other employee benefits of the Borough Manager shall be those fixed by Borough Council by its Position Classifications, Salaries, Wages and Benefits Resolution or by other similar resolution or policy adopted by resolution from time to time by Borough Council.

§ 30-6 General and specific duties of Borough Manager.

A. 
It shall be the duty of the Borough Manager, subject to the control and supervision of Borough Council and in accordance with the directions and requests, general and specific, of Borough Council, to manage all the affairs, business, property and services of the Borough which are not within the purview of the duties assigned by Council or delegated by the Borough Code[1] or other applicable law to another appointed or elected officer of the Borough or to an agency, board or commission of the Borough. In other words, the Manager's powers and duties shall relate to the general management of all Borough business not expressly imposed or conferred upon other Borough officers by statute.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
B. 
The Borough Manager shall be the chief administrative officer of the Borough and shall be responsible to Council as a whole for the proper and efficient administration of the affairs of the Borough.
C. 
Without intending to limit the description in Subsections A and B of the scope of the general duties of the Borough Manager, but rather by way of example of the specific duties of the Borough Manager which comprise but a part of his general duties, it shall be the specific duty of the Borough Manager to:
(1) 
Attend all meetings of Council; make a monthly oral report to Council, together with any recommendations, with respect to the affairs, business, property and services of the Borough under his management; and make such other reports, together with any recommendations, to Council in such manner and at such times as Council may direct or as he/she may determine to be necessary or appropriate.
(2) 
Attend such meetings of the standing committees of Council, special committees of Council and ad hoc committees of the Borough as he/she is requested to attend; and furnish such information and recommendations to a committee as he/she or the committee deems relevant to the work of the committee.
(3) 
Attend such meetings of the boards, commissions, bureaus and agencies of the Borough as he/she is requested to attend and as in his judgment are necessary or appropriate for him to attend in light of: the demands of other Borough matters; the value of any information or recommendations which he/she might give the board, commission, bureau or agency; and the availability of other members of the Borough staff to attend the meetings.
(4) 
Serve as Administrative Secretary to the Lewistown Parking Authority, at the pleasure of the Lewistown Parking Authority, and serve as ex officio representative of the Borough to such entities and organizations as requested and directed by Borough Council.
(5) 
Work with the Finance and Budget Committee, the Borough Treasurer, the Finance Director and others in developing the annual budget; and provide periodic recommendations for adhering to the budget.
(6) 
Ensure that all accounts receivable due the Borough are promptly paid and all civil claims by the Borough are either collected or prosecuted to judgments or the entries of municipal liens; and thereafter, if a judgment or municipal lien is not paid, either revive the judgment or municipal lien or execute on the judgment or municipal lien.
(7) 
Supervise and be responsible for the activities of all Borough departments except the Police Department.
(8) 
With the concurrence of Council, hire and, when necessary for the good of the Borough, suspend or discharge employees under the Manager's supervision and jurisdiction.
(9) 
Make recommendations to Council with respect to the compensation of all employees under his supervision and jurisdiction.
(10) 
Prepare and submit to Council before the close of the fiscal year, or on such alternative date as Council may determine, a budget for the next fiscal year as an explanatory budget message, and administer same.
(11) 
Obtain from the supervisors of each department, board, agency or other office estimates of revenues and expenditures and other supporting duties for the purpose of preparing the budget.
(12) 
To the extent provided by law, execute and enforce the ordinances and resolutions of the Borough.
(13) 
Prepare the agenda for each meeting of Council and supply facts pertinent thereto.
(14) 
Submit periodic reports of the condition of Borough ordinances and such other reports as Council deems appropriate and may request.
(15) 
Make recommendations to Council as the Manager deems necessary and appropriate.
(16) 
Submit to Council as soon as practicable at the close of the fiscal year a complete report of the financial and administrative activities of the Borough for the preceding year.
(17) 
Secure compliance with all franchises, leases, permits and privileges granted by Council.
(18) 
Employ, with the approval of Council, experts and consultants to perform work and to advise in connection with any of the functions of the Borough and to see to the letting of contracts in due form of law.
(19) 
Supervise performance and faithful execution of all contracts.
(20) 
Secure payment to the Borough of all money owed and ensure that proper proceedings are taken for the securing and collection of all of the Borough's claims.
(21) 
Be the Purchasing Officer of the Borough and purchase, in accordance with the provisions of the Borough Code, all supplies and equipment for various agents, boards and departments and other offices of the Borough.
(22) 
Prepare necessary invoices and collect utility fees for sewer service and refuse service and any other municipal fee imposed by Borough ordinance.
(23) 
Be responsible for managing and directing the finances of the Borough to ensure proper investments of all municipal funds in excess of immediate needs as well as the administration of all loans.
(24) 
Keep an account of all purchases and, when directed by Council, make a full and written report thereof.
(25) 
Issue rules and regulations, subject to the approval of Council, governing the requisition and purchase of all municipal supplies and equipment.
(26) 
Investigate and dispose of all complaints regarding services or personnel of the Borough.
(27) 
Be administrator, supervisor and be responsible for activities of any and all Borough employees who shall be assigned to his jurisdiction by ordinance or resolution of Council or assigned to his jurisdiction by the Mayor, in writing, as hereinafter provided.
(28) 
Represent Council in matters relative to union and union members and issue all work rules and disciplinary notices to union employees on behalf of Council.
(29) 
Keep a current inventory showing all real and personal property of the Borough and its condition and be responsible for the care and custody of all such property, including equipment, buildings, parks and all other Borough property which is not by law assigned to some other office or body for care and control.
(30) 
Publish all notices, ordinances or other documents required by law to be published and prepare or cause to be prepared all reports which the Borough or any officials thereof are required by law to prepare.
(31) 
Prepare and have custody of all municipal records required by law to be kept by the Borough and not by a specific officer.
(32) 
Where the law makes it the duty of a specific officer to keep or maintain records, the Manager shall make available to such officer all necessary clerical assistance for the preparation of such records and shall make available a place for the custody of such records.
(33) 
Where the law requires or provides for a certification of any records or documents by any office of the Borough, the Manager shall cause such records or documents to be properly prepared and presented to such officer for his signature.
(34) 
Keep a complete set of maps and plats showing the location of all Borough utilities, including but not limited to stormwater and sanitary sewer facilities, and other Borough properties, streets and other public places, and all lots or parcels of land subdivided according to law.
(35) 
Maintain an office in the Borough Municipal Building and shall spend such time and effort in the performance of his duties as may be required by Council.
(36) 
When the Borough Manager becomes ill or needs to be absent from the Borough, the Borough Manager shall designate, with the approval of Council, one qualified member of his staff who shall perform the duties of the Borough Manager during the Borough Manager's absence or disability.

§ 30-7 General and specific powers.

A. 
The Borough Manager shall have all the general administrative, managerial and supervisory powers which by custom and common experience are inherent to the office of the Borough Manager.
B. 
Without intending to limit the description in Subsection A of the scope of the general powers of the Borough Manager, but rather taking into account that the Borough Code[1] imposes certain limitations in the public sector which are not usually imposed in the private sector, the Borough Manager shall have the specific power to:
(1) 
Discipline employees under his supervision.
(2) 
Furnish information and recommendations to the Parking Authority of the Borough, the Municipal Authority of the Borough and other like authorities with respect to projects undertaken by an authority in the Borough or with respect to matters of mutual benefit or concern to the Borough and an authority and act as an ex officio representative to said organizations upon the request of Borough Council.
(3) 
Purchase such inventory, supplies and equipment for the Borough departments and offices of the Borough as are used, consumed or required to be replaced in the ordinary course of events or in the routine course of operations, provided that the cost of such inventory, supplies or equipment does not exceed $5,000 in the aggregate in any single transaction which, in the exercise of reasonable discretion and prudence, is to be conducted as a single transaction and not as a series of piecemeal transactions, and, at all times, subject to compliance with all applicable statutes and regulations, as such may be amended from time to time, requiring competitive bidding or price quotations from responsible contractors or vendors. The Borough Manager shall at all times comply with the provisions of the Borough Code and any applicable statute and regulation in relation to such purchases.
(4) 
Authorize such maintenance, repairs or replacements to be made by contractors, repairmen, servicemen or the like to equipment or property of the Borough as are required in the routine course of the operation, upkeep or useful life of the equipment or property, provided that the cost of such maintenance, repairs or replacements does not exceed $5,000 in the aggregate in any single transaction which, in the exercise of reasonable discretion and prudence, is to be conducted as a single transaction and not as a series of piecemeal transactions, and, at all times, subject to compliance with all applicable statutes and regulations, as such may be amended from time to time, requiring competitive bidding or price quotations from responsible contractors, repairmen, servicemen or the like. The Borough Manager shall at all times comply with the provisions of the Borough Code and any applicable statute and regulation in relation to such purchases.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.

§ 30-8 Emergency powers.

In the event of an emergency involving an immediate threat to the health or safety of the public or an employee of the Borough, or involving an immediate threat to Borough property or other public property or property adjacent to either, or involving a clear and present threat of economic detriment or financial liability or loss to the Borough, the Borough Manager shall have the power to take such actions and incur such costs as he/she may determine are necessary to abate, mitigate or otherwise address the emergency, irrespective of anything in § 30-6 or 30-7 to the contrary, so long as he or she acts in accordance with the Borough Code[1] and applicable law.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.

§ 30-9 Relationship to Council and relationship of Council to Borough employees.

[Added 10-12-2015 by Ord. No. 2015-8]
It is the intent of a Council/Manager form of government, and it is the intent of the Borough Council of the Borough of Lewistown, that Council act as a body in all administrative matters except those of a ministerial nature performed by the President, or as otherwise directed by ordinance or by Council as a whole body. As such, it is contrary to that intent for individual members of Council or committees of Council, without such authorization by Council as a body, to interfere with the day-to-day business of the Borough, to interfere in the performance of duties of the Manager and/or department heads, or to interfere in the performance of duties of subordinates of the Manager, or give orders, publicly or privately, to any subordinate of the Manager. The Manager is appointed by Borough Council acting as a body and operates under the directions and official actions of the entire Council. Except for purposes of obtaining information, Council members and committees shall deal with administrative matters solely through the Manager.