[HISTORY: Adopted by the Board of Commissioners of the Township
of Pocono as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-4-2014 by Ord.
No. 2014-03]
The following words and phrases, when used in this article,
shall have the meanings ascribed to them in this section:
A partnership, limited partnership or any other form of unincorporated
enterprise, owned or conducted by two or more persons other than a
private trust or decedent's estate.
A corporation, joint-stock association, business trust or
banking institution which is organized under the laws of this commonwealth,
the United States or any other state, territory, foreign country or
dependency.
Every natural person, association or corporation.
The duly elected Tax Collector of the Township of Pocono,
Monroe County, Pennsylvania.
The Township of Pocono, Monroe County, Pennsylvania.
The duly appointed Treasurer of the Township of Pocono, Monroe
County, Pennsylvania.
A.
The Tax Collector shall be the collector of all taxes levied within
the Township by the Board of Commissioners empowered to levy taxes.
The Tax Collector shall, in addition to the powers, perform all duties
and be subject to all the obligations and responsibilities for the
collection of such taxes as are now vested and conferred upon or imposed
upon by the First Class Township Code.[1]
[1]
Editor's Note: See 53 P.S. § 55101 et seq.
B.
The Tax Collector shall, on a regular and timely basis, provide the
Treasurer with a true, verified statement, in writing, for all taxes
collected during the period.
(1)
Such statement shall set forth the names of the taxable person, the
amount collected from each person, the discounts granted or penalties
assessed to each person, if any, and the total amount of taxes received,
discounts granted and penalties applied.
(2)
The statement shall be submitted to the Treasurer on a Tax Collector's
report form provided by the Township.
C.
The Tax Collector shall prepare an annual statement summarizing the
taxes collected for the year. The annual statement shall be submitted
to the Treasurer on or before the 31st day of January of each year.
The annual statement shall be submitted to the Treasurer on the annual
report form provided by the Township.
D.
Within 60 days after the close of each calendar year, the Tax Collector
shall file an annual report as required by law.
E.
The Tax Collector shall provide written tax certifications concerning
the payment or nonpayment of Township taxes upon request by the public.
F.
The Tax Collector, with the approval of the Board of Commissioners,
may appoint a Deputy Tax Collector, in accordance with Section 22
of the Local Tax Collection Law, 72 P.S. § 5511.22.
The compensation to be paid to the Tax Collector for the collection
of taxes assessed and levied in the Township of Pocono is hereby fixed
at a salary of $10,000 per year.
The Township shall establish the bonding requirement for the
Tax Collector and payment thereof by resolution of the Board of Commissioners
from time to time and pursuant to the Pennsylvania First Class Township
Code[1] and all other applicable laws.
[1]
Editor's Note: See 53 P.S. § 55101 et seq.
The Township may provide space in the Municipal Building for
use by the Tax Collector.
A.
The Township
will pay for reasonable expenses of telephone and postal services,
office supplies, photocopying and printing associated with the business
of tax collection, upon approval of a purchase order and receipt of
an invoice.
B.
The Tax
Collector or its designee may assess, collect and retain as compensation
for providing certification of payment or nonpayment of Township taxes
a fee as established from time to time by resolution of the Board
of Commissioners.
[Amended 8-6-2018 by Ord.
No. 2018-08]
[Adopted 8-6-2018 by Ord.
No. 2018-10[1]]
[1]
Editor's Note: This ordinance repealed former Art. II, Manager,
adopted 11-21-2016 by Ord. No. 2016-05.
This article shall be known as the "Township Manager Ordinance
of Pocono Township."
The Office of the Township Manager is hereby created pursuant
to the First Class Township Code, subject to the right of the Township,
by ordinance, at any time to abolish such officer.
As soon as practicable after the enactment of this article,
the Township Commissioners shall elect, by a majority vote of all
its members, one person to fill the Office of Township Manager, who
shall begin his or her term of office upon his or her appointment
or as soon thereafter as possible, and he or she shall serve until
the first Monday of January of the even-numbered year succeeding his
or her appointment unless and until his successor is elected and qualifies.
Said office shall be filled biennially thereafter. In case of a vacancy,
the Commissioners shall fill said office by majority vote of all 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.
The Township Manager shall be chosen solely on the basis of
his or her executive and administrative qualifications, with special
reference to his or her actual experience in or his or her knowledge
of accepted practices in respect to the duties of the office as herein
outlined. The Township Manager need not be a resident of the Township
or of the State of Pennsylvania at the time of his or her appointment,
but should reside within close proximity so as to be available to
the Township for the performance of unusual duties as well as emergency
duties. No Commissioner shall be appointed as Township Manager during
his or her term for which he or she shall have been elected nor within
one year after the expiration of his or her term. 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 or her appointment
be related to any of the Township Commissioners.
Before entering upon his or her duties, the Township Manager
shall give a bond to the Township with a bonding company as surety,
in an amount as amended from time to time by resolution, conditioned
for the faithful performance of his or her duties, premium for the
said bond to be paid for by the Township of Pocono. The bond of the
Township Manager may be included in, and the Manager may be bonded
under and covered by the blanket bond now in force and effect for
all Township employees in the aforesaid amount, as amended from time
to time by resolution.
The Township Manager shall receive such compensation as shall
be fixed from time to time by resolution or through contract.
The Manager shall be the Chief Administrative Officer of the
Township, and he or she shall be responsible to the Board of Commissioners
as a whole for the proper and efficient administrations of the affairs
of the Township. His or her 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.
Subject to recall by ordinance, the powers and duties of the
Manager shall include the following:
A.
He or she shall supervise and be responsible for the activities of
all Township Departments, unless the Board of Commissioners shall
have taken previous action to the contrary.
B.
He or she shall appoint and, when he or she shall deem it necessary
for the good of the Township, shall suspend or discharge, all employees
under his or her supervision; provided, nevertheless, that persons
covered by the Civil Service provisions of the First Class Township
Code shall be appointed, suspended or discharged in accordance with
such provisions. Prior to appointing, suspending or discharging any
employee, the Township Manager shall provide the Board of Commissioners
with written notice of his or her intention to take such action, which
notice shall include an independent, professional, written rationale
therefor. Such notice shall be given to the Board of Commissioners
not less than 48 hours in advance of a regular public meeting of the
Board of Commissioners which is held prior to the Township Manager
taking such action; provided, nevertheless, that the Township Manager
may temporarily suspend any employee under his or her supervision,
with or without pay or other compensation, when he or she shall deem
such temporary suspension necessary for the good of the Township,
without providing prior notice to the Board of Commissioners. In the
event of such temporary suspension, he or she shall notify the Board
of Commissioners of the same and the reasons therefor, in writing,
within 48 hours. In the event the Township Manager shall deem the
creation of a new position of employment or the appointment of any
additional employees to current positions of employment to be necessary
for the good of the Township, he or she shall obtain the prior approval
of the Board of Commissioners therefor; provided, nevertheless, that
the selection of the person for such new position or of such additional
employees shall be the responsibility of the Township Manager subject
to the provisions of this subsection. No person shall be appointed
by the Township Manager to fill any vacancy in any position of employment
at a rate of pay which is more than 10% higher than that received
by the previous employee holding such position without the prior approval
of the Board of Commissioners.
C.
He or she shall prepare and submit to the Board of Commissioners
before the close of the fiscal year or on such alternate date as the
Board of Commissioners shall determine, but no later than September
30, a budget for the next fiscal year and an explanatory budget message.
In preparing the budget, the Manager, or an officer designated by
him or her, shall obtain from the head of each department, agency,
board or officer, estimates and may revise them before submitting
the budget to the Board of Commissioners.
D.
He or she shall be responsible for the administration of the budget
after its adoption by the Board of Commissioners.
E.
He or she shall, under the direction of the Board of Commissioners,
execute and enforce the nonpenal laws of the commonwealth and nonpenal
ordinances, resolutions and bylaws of the Township, and he shall establish
necessary procedures and forms, violation notices and other documents.
F.
He or she 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 or she shall receive notice of all regular and special meetings
of the Board of Commissioners and of its committees.
G.
He or she shall prepare the agenda for each meeting of the Board
of Commissioners and supply facts pertinent thereto.
H.
He or she shall keep the Board of Commissioners informed as to the
condition of the 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 or she deems necessary.
I.
He or she 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.
J.
He or she shall see that the provisions of all franchises, leases,
permits and privileges granted by the Township are observed.
K.
He or she 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.
L.
He or she shall attend to the letting of contracts in due form of
law, and he or she 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.
M.
He or she 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.
N.
He or she shall be purchasing officer of the Township and he or she
shall purchase, in accordance with the provisions of the Township
Code, all supplies and equipment for the various agencies, boards,
departments and other offices of the Township. He or she shall have
authority to make purchases without prior approval of the Board of
Commissioners to the extent and within the limitations established
from time to time by resolution of the Board of Commissioners and/or
as established in the current year budget except as authorized by
such resolution, shall make purchases only upon and with the prior
approval of the Board of Commissioners. He or she shall keep an account
of all purchases and shall, from time to time or when directed by
the Board of Commissioners, make a full written report thereof. He
or she shall also issue rules and regulations subject to approval
of the Board of Commissioners governing the requisition and purchasing
of all Township supplies and equipment.
O.
All complaints regarding services or personnel of the Township shall
be referred to the Office of the Manager. He or she, or an officer
designated by him or her, shall investigate and dispose of such complaints
and the Manager shall report thereon to the Board of Commissioners,
in writing.
P.
Assist citizens by informing them of Township rules and laws, explaining
laws, explaining procedures, hearing complaints and either resolving
them or referring them to the responsible official.
Q.
Periodically review existing job classifications and salary ranges
of all Township employees and present recommendations for additions,
changes or modifications to the Board of Commissioners.
R.
Be responsible for the annual review and evaluation of all Township
employees and/or final review and evaluations delegated to others
in supervisory positions. The Township Manager shall be responsible
for the review and evaluation of Township department heads and report
findings to the Board of Commissioners for their information.
S.
Make recommendations to the Board of Commissioners on operations,
policies, resolutions, ordinances, proclamations and other matters
for the good of the Township.
T.
Work with the county, state and federal government on projects and
obtaining financing and grants for the Township.
U.
Work with the Township Engineer and/or the Township Solicitor on
Township matters as the need arises.
V.
He or she shall assist the Board of Commissioners in the preparation
of short- and long-term planning for the Township.
W.
He or she shall manage, supervise, and oversee projects undertaken
by the Township.
X.
He or she shall perform such other duties as may be required by the
Board of Commissioners not inconsistent with the First Class Township
Code, the law relating thereto and ordinances of the Township.
Neither the Board of Commissioners nor any of its members shall
publicly or privately influence or attempt to influence the decision
of the Township Manager relating to the appointment, suspension or
discharge of any Township employee, except as may be necessary to
ensure that the written employment policies of the Township and the
requirements of law are duly complied with, request or require the
Township Manager to interview or otherwise consider for appointment
any specific employment applicant or otherwise exert influence to
gain, or attempt to gain, preferential treatment on behalf of any
such applicant or request or require the Township Manager to suspend
or discharge any Township employee. For the purpose of assuring a
clear line of administrative authority, neither the Board of Commissioners
nor any of its members shall give orders or directives, publicly or
privately, directly to any Township employee under the supervision
of the Township Manager. All orders and directives of the Board of
Commissioners shall be issued at a duly convened public meeting and
shall be given to the Township Manager for execution. While other
communications between members of the Board of Commissioners and Township
employees should ordinarily take place in the form of inquiry to the
Township Manager for further communication to the heads of Township
departments and from the heads of Township departments to subordinate
employees, for reply by the Township Manager to the Board of Commissioners,
the members of the Board of Commissioners shall have the right, for
the purposes of inquiry and information exchange, to communicate with
Township employees under the supervision of the Township Manager and
such employees shall have the right to communicate with the members
of the Board of Commissioners for such purposes. Any official action
resulting from such communication shall be taken at a duly convened
public meeting of the Board of Commissioners following reasonable
notice to and receipt of independent, professional written recommendations
from the Township Manager. In the event any member of the Board of
Commissioners becomes aware of circumstances pursuant to which a Township
employee may be suspended or discharged from his or her employment
with the Township, such member shall not communicate with such employee
with respect to such circumstances except at a duly convened meeting
of the Board of Commissioners.
In case of illness or absence of the Manager from the Township,
the Board of Commissioners shall designate the replacement who shall
perform the duties of the Manager during his or her absence or disability.
If any section, subsection or sentences, clause or phrase of
this article is for any reason held invalid, such decision or decisions
shall not affect the validity of the remaining portions of this article.
All ordinances of the Township prescribing the duties of heads of
departments shall remain in full force and effect insofar as they
do not conflict with the provisions of this article in which case
the provisions of this article shall govern.
Pocono Township Ordinance No. 2016-02 and Pocono Township Ordinance No. 2016-05 are hereby repealed. Said repeal to be effective upon the effective date of this article as set forth in § 28-19.
This article shall be effective five days after enactment.
