[HISTORY: Adopted by the Borough Council of the Borough of
Mount Oliver 12-15-2014 by Ord. No. 945. Amendments noted where
applicable.]
The office of Manager is hereby created by the governing body,
subject to the right to abolish said office at any time by ordinance.
A.
The Council shall appoint the Manager. The Council, by resolution,
shall have the authority to enter into contracts with the Manager
which may stipulate terms of employment and compensation, including
severance pay, subject to the limitations of Section 1142 of the Borough
Code.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 1142.
B.
The Manager shall receive not less than 60 days' written notice
of termination, unless termination is based upon cause, in which event
termination may be immediate.
A.
The Manager shall be chosen solely on the basis of executive and
administrative abilities with special reference to training and experience
in municipal management and to the duties of the office as set forth
in this chapter, without regard to race, color, creed, sex, or political
affiliation.
B.
The Manager shall possess at least a bachelor's degree in public
administration, or related field approved by the Board/Council, from
an accredited institution.
Before entering upon the duties of the office, the Manager shall
give a bond to the governing body with a bonding company as surety,
to be approved by the governing body, for the faithful performance
of the duties of the office. The premium for said bond shall be paid
by the governing body. The amount of the bond shall equal the highest
amount of governmental funds estimated by the governing body to be
available to the Manager at any time during the current year.
A.
The Manager shall be the Chief Administrative Officer of the municipality
and shall be responsible to the governing body as a whole for the
proper and efficient administration of the affairs of the municipality.
The powers and duties of administration of all municipal business
shall be vested in the Manager, unless expressly imposed or conferred
by statute upon other municipal officers.
B.
Subject to recall or revision by ordinance of the governing body,
the powers and duties of the Manager shall include the following:
(1)
The Manager shall supervise and be responsible for the activities
of all municipal departments and employees.
(2)
The Manager shall make recommendations to Council on the hiring and
discharge of any employee based upon merit system principles, or the
evaluation and recommendation of the department head. The Manager
shall also discipline and suspend employees, in which case the Manager
shall report at each meeting of the governing body any action taken
pursuant to the authority of this subsection.
[Amended 7-20-2015 by Ord. No. 947]
(3)
The Manager shall participate in all personnel actions affecting
department heads, shall periodically perform employee evaluations,
and shall make recommendations to the Board/Council regarding salaries
of personnel under the Manager's supervision.
(4)
The Manager shall prepare and submit to the Board/Council before
the close of each fiscal year a detailed, balanced budget for the
next fiscal year and an explanatory budget message when requested.
Such budget shall be submitted in sufficient time to allow for its
study and adoption within the time limitations of the Municipal Code.
In preparing the recommended budget, the Manager shall obtain from
the head of each department, agency, board, or office estimates of
revenues and expenditures and such other supporting data as is deemed
necessary. The Manager shall review such estimates and may revise
prior to submission of the recommended budget to the Board.
(5)
The Manager shall be responsible for the administration of the budget
after its adoption by the governing body and shall prepare monthly
financial statements of all revenues and expenditures with appropriate
recommendations to the Board/Council.
(6)
The Manager shall, in conjunction with the preparation of the yearly
budget, develop long-range fiscal plans for the municipality, such
plans to be presented annually to the governing body for its review
and adoption.
(7)
The Manager 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 municipality for the preceding year.
(8)
The Manager shall periodically prepare and submit to the governing
body reports as to the conduct of municipal affairs and such other
reports as requested by the Council.
(9)
The Manager shall prepare the agenda for each meeting of the Council
and supply facts pertinent thereto.
(10)
The Manager shall attend all regular and special meetings of the
governing body, unless excused by the Council. The Manager may participate
in the general discussions of the Council but shall not have the right
to vote.
(11)
The Manager may hold such other municipal offices or head one or
more of the municipal departments as the Council may, from time to
time, direct.
(12)
The Manager shall conduct the general affairs of the municipality,
including, but not limited to, purchasing, collections, administration
and enforcement of contracts, leases, and franchises, in accordance
with applicable laws and ordinances and the directives and policies
of the governing body.
(13)
The Manager may employ, with the approval of the governing body,
experts or consultants to perform work and to provide advice to the
Borough in connection with any of the functions of the municipality.
(14)
The Manager shall attend to the letting of contracts in due form
of law and shall supervise the performance and faithful execution
of same except insofar as such duties are expressly imposed upon other
municipal officers by law.
(15)
The Manager shall see that all money owed to the municipality is
promptly paid and that proper proceedings are taken for the security
and collection of all municipal claims.
(16)
All questions and complaints regarding municipal services, actions
and personnel shall be referred to the Manager. The Manager shall
investigate, evaluate, respond to and dispose of such questions and
complaints in accordance with Borough policies and regulations and
shall report thereon to the governing body.
(17)
The Manager shall serve as the liaison between the governing body
and the public and shall make all appropriate municipal information
available to the public.
(18)
The Manager shall research and investigate the administration and
governmental functions of other municipalities and other governmental
agencies in order to make recommendations to the governing body regarding
appropriate ordinances affecting the health, safety, welfare, and
administration of the municipality.
(19)
The Manager shall see to the publication of all notices, ordinances,
or other documents required by law to be published and prepare or
cause to be prepared all reports which the municipality or any of
the officials thereof are required by law to prepare.
(20)
The Manager shall be responsible for maintaining in good order all
municipal records required by law to be kept by the municipality.
(21)
The Manager shall perform all lawful duties designated by the governing
body.
Should the Manager become ill or disabled, or otherwise need
to be absent from the Borough, the Assistant Manager or other person
designated by the Council shall perform the duties of the Manager.
The Assistant Manager, or other designated person, shall not perform
these duties for a period in excess of two weeks without approval
of the governing body.
A.
It is the express intention of this chapter that individual members
of the governing body shall not interfere with, dictate, influence,
or attempt to interfere with, dictate, or influence the day-to-day
administrative operations of the municipality. However, nothing herein
shall prevent the Board from establishing a committee of its own members
to review the operations and legislative needs of the municipal departments
or from assigning its members to liaison relationships with boards,
commissions, and authorities.
B.
Limitations upon Manager.
(1)
The Manager shall have no authority to fill any position or take
any action reserved to the governing body by the respective Municipal
Code.
(2)
The Manager shall not hire or fire any department head without approval
from the governing body.
(3)
Other than making recommendations and presenting alternatives to
the governing body which are encouraged, the Manager shall refrain
from any attempt to influence decisions of a legislative or quasi-judicial
nature, including, but not limited to, zoning changes, consideration
of subdivision or development plans and purchase of open space or
park lands.
(4)
The Manager shall refrain from actively engaging in federal, state,
county, or municipal politics.
