[Ord. 2007-1, 3/1/2007, § 1; as
amended by Ord. 2010-02, 1/7/2010, § II]
The office of Township Manager is hereby created
by the Board of Commissioners of the Township of Lower Macungie, subject
to the right of the Board of Commissioners, by ordinance, to at any
time abolish such office.
[Ord. 2007-1, 3/1/2007, § 2; as
amended by Ord. 2010-02, 1/7/2010, § II]
As soon as practicable after the enactment of
this Part, the Township Commissioners shall appoint, by a majority
vote of all its members, one person to fill the office of Township
Manager, who shall begin his term of office upon his appointment or
as soon thereafter as possible. He shall serve until the first Monday
of January of each year succeeding his appointment, unless and until
his successor is elected and qualifies. The said office shall be filled
annually thereafter. In the case of a vacancy, the Commissioners shall
fill said office by majority vote of all its members. The Township
Manager shall, however, be subject to removal at any time by a majority
vote of all the members of the Board of Commissioners.
[Ord. 2007-1, 3/1/2007, § 3; as amended
by Ord. 2010-02, 1/7/2010, § II]
1.
The Township Manager shall be chosen solely on the
basis of his executive and administrative qualifications, with special
reference to his actual experience in or his knowledge of accepted
practices in respect to the duties of the office herein outlined.
2.
The Township Manager need not be a resident of the
Township or of the State of Pennsylvania at the time of his appointment,
but as soon as possible thereafter, shall reside within a reasonable
distance of the Township boundaries, that distance to be determined
by the Township Commissioners.
3.
No Commissioner shall be appointed as Township Manager
during the term for which he shall have been elected, or appointed,
nor within one year after the expiration of his term.
4.
The Township Manager shall have no interest in contracts
of the Township, shall not be in debt to the Township, and shall not,
at the time of his appointment, be related to any of the Township
Commissioners.
[Ord. 2007-1, 3/1/2007, § 4]
Before entering upon his duties, the Township
Manager shall give a bond to the Township, with a bonding Company
as surety, in the sum of $2,000,000, conditioned for the faithful
performance of his duties. Premium for the bond shall be paid for
by the Township.
[Ord. 2007-1, 3/1/2007, § 5; as
amended by Ord. 2010-02, 1/7/2010, §§ III; and by Ord.
2010-13, 12/2/2010, § II]
For the fiscal year 2011, the Township Manager
shall receive $105,060 in salary plus the benefits provided to all
Township employees.
[Ord. 2007-1, 3/1/2007, § 6; as amended
by Ord. 2010-02, 1/7/2010, § II]
The Manager shall be the chief administrative
officer of the Township, and he shall be responsible to the Board
of Commissioners as a whole for the proper and efficient administration
of the affairs of the Township. His powers and duties shall relate
to the general management of all Township business not expressly,
by statute or ordinance, imposed or conferred upon other Township
officers.
[Ord. 2007-1, 3/1/2007, § 7; as amended
by Ord. 2010-02, 1/7/2010, § II]
1.
Subject to recall by ordinance, the powers and duties
of the Manager shall include the following:
A.
He shall supervise and be responsible for the activities
of all Township departments, except those departments, if any, for
which supervision shall not have been delegated to the Manager by
the Board of Commissioners.
B.
He shall appoint and, when he shall deem it necessary
for the good of the Township, shall suspend or discharge all employees
under his supervision; provided, nonetheless, that persons covered
by the Civil Service provisions of any applicable municipal code or
labor law, or by a collective bargaining agreement, shall be appointed,
suspended or discharged in accordance with such provisions. Prior
to appointing, suspending or discharging any employee, the Manager
shall provide the Board of Commissioners with written notice of his
intention to take such action, which notice shall include a written
rationale therefor. Such notice shall be given to the Board not fewer
than 48 hours before a regular meeting of the Board, and the said
employment action shall not occur until such meeting has been held;
provided, nevertheless, that the Manager may temporarily suspend any
employee under his supervision, with or without compensation, and
without prior notice to the Board, if the Manager believes such suspension
to be for the good of the Township. The Board shall be notified of
a temporary suspension within 48 hours of the suspension.
C.
No new position of employment shall be created without
the approval of the Board, which shall also determine the initial
compensation of such position. However, the actual hiring of persons
to fill new positions is the responsibility of the Manager. No person
shall be chosen by the Manager to fill any existing position at a
rate of pay which is more than 5% higher than that which was paid
to any previous occupant of the position, without the express prior
approval of the Board.
D.
He shall prepare and submit to the Board of Commissioners,
not later than October 1 of each year, a proposed budget for the next
fiscal year, together with an explanatory budget message. In preparing
the proposed budget the Manager, or an officer designated by him,
shall obtain from the head of each department, agency, board or officer,
estimates of revenues and expenditures and other supporting data as
he requests. The Manager shall review such estimates and may revise
them before submitting the budget to the Board of Commissioners.
E.
He shall be responsible for the administration of
the budget after its adoption by the Board of Commissioners.
F.
He shall, under the direction of the Board of Commissioners,
execute and enforce the non-penal laws of the Commonwealth, and the
non-penal ordinances, resolutions and bylaws of the Township.
G.
He shall attend all meetings of the Township Board
of Commissioners and of its committees, with the right to take part
in the discussion, and he shall receive notice of all regular and
special meetings of the Board of Commissioners and of its committees.
H.
He, or an officer designated by him, shall prepare
the agenda for each meeting of the Board of Commissioners and supply
facts pertinent thereto.
I.
He shall keep the Board of Commissioners informed
as to the conduct of all Township affairs; submit periodic reports
on the condition of the Township finances and such other reports as
the Board of Commissioners shall request; and shall make such recommendations
to the Board of Commissioners as he deems necessary or appropriate.
J.
He shall submit to the Board of Commissioners, as
soon as possible after the close of the fiscal year, a complete report
on the financial and administrative activities of the Township for
the preceding year.
K.
He shall see that the provisions of all franchises,
leases, permits, and privileges granted by the Township are observed.
L.
He may employ, by and with the approval of the Board
of Commissioners, experts and consultants to perform work and to advise
in connection with any of the functions of the Township.
M.
He shall attend to the letting of contracts in due
form of law, and he shall supervise the performance and faithful execution
of the same except insofar as such duties are expressly imposed upon
some other Township officer by statute.
N.
He shall see that all money owed the Township is promptly
paid and that proper proceedings are taken for the security and collection
of all the Township's claims.
O.
He shall be the purchasing officer of the Township
and he shall purchase, in accordance with the provisions of the First
Class Township Code, 53 P.S. § 55101 et seq., all supplies
and equipment for the various agencies, boards, departments, and other
offices of the Township. He shall also issue rules and regulations
subject to approval of the Board of Commissioners governing the requisition
and purchasing of all municipal supplies and equipment.
P.
All complaints regarding services or personnel of
the Township shall be referred to the office of the Manager. He, or
an officer designated by him, shall investigate and dispose of such
complaints, and the Manager shall report thereon to the Board of Commissioners.
Q.
He shall perform such other duties as may be required
by the Board of Commissioners, not inconsistent with the First Class
Township Code, 53 P.S. § 55101 et seq., the law relating
thereto, and ordinances of the Township.
[Ord. 2007-1, 3/1/2007, § 8; as amended
by Ord. 2011-12, 10/6/2011]
Neither the Board of Commissioners nor any of
its members shall direct the appointment of any person to, or his
removal from, office by the Township Manager of any of his subordinates.
Except for the purpose of inquiry, the Board of Commissioners and
its members shall deal with the administrative service solely through
the Township Manager, and neither the Board nor any member thereof
shall give orders to any subordinates of the Township Manager, either
publicly or privately.
[Ord. 2007-1, 3/1/2007, § 9; as amended
by Ord. 2011-12, 10/6/2011]
In case of illness or absence of the Manager
from the Township, he shall delegate one qualified member of his staff
who shall perform the duties of the Manager during his absence or
disability. The person so designated shall not perform such duties
for a period longer than two weeks without the approval of the Board
of Commissioners.
[Ord. 2007-1, 3/1/2007, § 11]
All references in this Part to the pronouns
"he," "him," or "his" shall be deemed to be gender neutral, and shall
be presumed to include the provisions "she," "her" and "hers" as well.
