[HISTORY: Adopted by the Borough Council of the Borough of
Middletown 7-21-1958 by Ord. No.
375, approved 7-21-1958. Amendments noted where applicable.]
The office of Borough Manager is hereby created by the Borough
of Middletown, subject to the right of the Borough, by ordinance,
at any time to abolish such office.
[Amended 1-8-1962 by Ord.
No. 425, approved 1-8-1962]
As soon as practicable after the enactment of this chapter,
the Borough Council shall elect, by a majority vote of all its members,
one person to fill the office of Borough Manager, who shall serve
until his successor is elected and qualifies. In the case of a vacancy,
the Council shall fill said office by majority vote of all its members.
The Borough Manager shall, however, be subject to removal at any time
by a majority vote of all of the members of the Council.
[Amended 1-8-1962 by Ord.
No. 425, approved 1-8-1962; 5-5-1986 by Ord. No.
913, approved 5-5-1986; 7-7-1997 by Ord. No.
1102, approved 7-7-1997; 7-1-2002 by Ord. No.
1149, approved 7-1-2002; 3-8-2011 by Ord. No.
1277, approved 3-8-2011; 6-18-2012 by Ord. No.
1284; 5-3-2016 by Ord. No. 1323, approved 5-3-2016; 10-3-2017 by Ord. No.
1345, approved 10-10-2017]
The 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, accepted practices
in respect to the duties of his or her office. The Manager need not
be a resident of the Borough, but the Manager must reside within a
twenty-five-mile radius of the Middletown Borough Hall building.
[Amended 1-8-1962 by Ord.
No. 425, approved 1-8-1962; 4-6-1987 by Ord. No.
943; approved 4-6-1987]
Before entering upon his duties, the Manager shall give a bond
to the Borough with a bonding company as surety, to be approved by
the Council, in an amount to be determined by the Council, conditioned
for the faithful performance of his duties. The premium shall be paid
by the Borough.
[Amended 1-8-1962 by Ord.
No. 425, approved 1-8-1962; 4-12-1965 by Ord. No.
486, approved 4-12-1965;5-9-1966 by Ord. No.
500, approved 5-9-1966]
The Borough Manager shall receive such compensation as shall
be fixed from time to time by the Borough Council of the Borough of
Middletown.
The Manager shall be the Chief Administrative Officer of the
Borough, and he shall be responsible to the Council as a whole for
the proper and efficient administration of the affairs of the Borough.
His powers and duties shall relate to the general management of all
Borough business not expressly, by statute or ordinance, imposed or
conferred upon other Borough officers. The Mayor is hereby authorized
to delegate to the Borough Manager, subject to recall by written notification
at any time, any of his nonlegislative and nonjudicial powers and
duties.
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 municipal
departments, except such departments the supervision of which shall
not have been delegated to the Manager by the Mayor or by the Council,
as the case may be.
B.
He
shall hire and, when he shall deem it necessary for the good of the
service, shall suspend or discharge all employees under his supervision,
provided that persons covered by the civil service provisions of the
Borough Code shall be hired, suspended or discharged in accordance
with such provisions; provided, further, that the Manager shall report,
at the next regular meeting thereafter of the Council, any action
taken by authority of this subsection.
C.
He
shall prepare and submit to the Council before the close of the fiscal
year, or on such alternate date as the Council shall determine, a
budget for the next fiscal year and an explanatory budget message.
In preparing the budget, the Manager, or an officer designated by
him, shall obtain from the head of each department, agency, board
or office 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 Council.
D.
He
shall be responsible for the administration of the budget after its
adoption by the Council.
E.
He
shall, under the direction of the Mayor, execute and enforce the laws
of the commonwealth and ordinances, resolutions and bylaws of the
Borough.
F.
He
shall hold such other municipal offices or head one or more of the
municipal departments as the Council may from time to time direct.
[Amended 4-6-1987 by Ord.
No. 943, approved 4-6-1987]
G.
He
shall attend all meetings of the Borough Council and of its committees,
with the right to take part in the discussion, and he shall receive
notice of all special meetings of the Council and of its committees.
H.
He
shall prepare the agenda for each meeting of the Council and supply
facts pertinent thereto.
I.
He
shall keep the Council informed as to the conduct of Borough affairs,
submit periodic reports on the condition of the Borough finances and
such other reports as the Council shall request and shall make such
recommendations to the Council as he deems necessary.
J.
He
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 Borough for the preceding year.
K.
He
shall see that the provisions of all franchises, leases, permits and
privileges granted by the Borough are observed.
L.
He
may employ, by and with the approval of the Council, experts and consultants
to perform work and to advise in connection with any of the functions
of the Borough.
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
Borough officer by statute.
N.
He
shall see that all money owed the Borough is promptly paid and that
proper proceedings are taken for the security and collection of all
the Borough's claims.
O.
He
shall be the Purchasing Officer of the Borough and he shall purchase,
in accordance with the provisions of the Borough Code, all supplies
and equipment for the various agencies, boards, departments and other
offices of the Borough. He shall keep an account of all purchases
and shall, from time to time or when directed by the Council, make
a full written report thereof. He shall also issue rules and regulations,
subject to the approval of the Council, governing the requisition
and purchasing of all municipal supplies and equipment.
(1)
The Manager, in his capacity as Purchasing Officer of the Borough,
shall ensure that the Borough's established written code or standards
of conduct governing the actions of Borough employees or agents of
the Borough involved in the award and administration of all Borough
contracts is enforced so that no Borough employee or agent of the
Borough participates in any contract award or administration if a
conflict of interest exists between that employee or agent, either
through his personal and/or financial interests outside of his Borough
employment or through the personal and/or financial interests of any
member of his immediate family.
[Added 10-20-1980 by Ord.
No. 778, approved 10-20-1980]
(2)
The Manager shall further ensure that no Borough officer, employee
or agent shall solicit or accept any gratuity, favor or anything of
monetary value from organizations under actual or potential contracts
with the Borough. The Borough Manager shall initiate disciplinary
action in accordance with the Borough's personnel policy regulations
for any employee found to be in noncompliance with this subsection.
[Added 10-20-1980 by Ord.
No. 778, approved 10-20-1980]
(3)
The Manager shall establish procurement procedures for designated
purchasing officials to follow. These procedures shall, at a minimum,
require authorized Borough purchasing officials to make reviews of
their purchases to avoid the purchase of unnecessary or duplicative
items. In addition, the Manager shall encourage each authorized purchasing
official to consider the consolidation or breaking out of purchases
to obtain more economical purchases.
[Added 10-20-1980 by Ord.
No. 778, approved 10-20-1980]
(4)
The Manager shall ensure that all Borough procurement transactions
are conducted in an open manner and that the procurement procedures
used by the Borough do not restrict or eliminate competition.
(5)
The Manager shall establish and shall maintain written selection
procedures which, at a minimum, include the following requirements:
[Added 10-20-1980 by Ord.
No. 778, approved 10-20-1980]
(a)
Solicitations of offer, which include clear and accurate technical
requirements which do not restrict competition. Brand names may only
be included if an "or equal" provision is included as well. Solicitations
of offer shall also include the factors which shall be used in evaluating
a particular bid or proposal.
(b)
Awards shall only be made to responsible contractors.
(6)
The Manager shall appoint a Contract Administration Officer upon
the award of each Borough contract. The Contract Administration Officer
shall then be responsible for monitoring contractors to ensure compliance
with contracts. When the Contract Administration Officer finds evidence
of contractor noncompliance with a Borough contract, he shall notify
the Borough Manager immediately so that action(s) may be taken to
protect the Borough's interests.
[Added 10-20-1980 by Ord.
No. 778, approved 10-20-1980]
P.
He
shall cooperate with the Borough Council at all times and in all matters
that the best interests of the Borough and of the general public may
be maintained.
Q.
All
complaints regarding services or personnel of the Borough 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 Council.
In case of illness or absence of the Manager from the Borough,
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 Council.
