[HISTORY: Adopted by the Borough Council of the Borough of
Lewistown 6-11-2012 by Ord. No. 2012-3. Amendments noted where applicable.]
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Borough Code[1], as it may be amended, supplemented and superseded from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.
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.
[Amended 8-12-2019 by Ord. No. 2019-4]
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, 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 the Borough
Council may deem necessary or appropriate.
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.
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.
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.
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.
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.
[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.
