Township of Upper Pottsgrove, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Pottsgrove as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Personnel policies — See Ch. 48.
[Adopted 2-11-2004 by Ord. No. 367]

§ 36-1 Creation of office; right of Board to abolish.

The office of Township Manager is hereby created by the Township of Upper Pottsgrove, subject to the right of the Board of Commissioners to abolish said office at any time by ordinance.

§ 36-2 Appointment and removal.

A. 
The Manager shall be appointed for an indefinite term by a majority of all the members of the Board of Commissioners.
B. 
The Manager may be removed at any time by a majority vote of all the members of the Board of Commissioners.
C. 
The Board of Commissioners and Manager may enter into an agreement outlining terms and conditions of employment; however, such agreement shall not interfere or otherwise hinder the "at-will" concept of employment for the Manager.

§ 36-3 Qualifications.

A. 
The Manager shall be chosen on the basis of his/her executive and administrative abilities, with special reference to his/her actual experience in or his/her knowledge of accepted practices in respect to the duties of his/her office as herein outlined.
B. 
The Manager must live within a fifteen-mile radius of Upper Pottsgrove Township.
[Amended 7-17-2006 by Ord. No. 396]
C. 
No Commissioner shall be appointed as Township Manager during the term for which he/she shall have been elected, nor within one year after the expiration of his/her term.

§ 36-4 Bonding requirements.

Upon entering his/her duties, the Manager shall give a bond to the Township with a bonding company as surety, said company and amount to be approved by resolution of the Board of Commissioners, conditioned for the faithful performance of his/her duties. The premium shall be paid by the Township. The bond of the Township Manager may be included in and covered by any comprehensive bond now or hereafter in force or effect for all Township employees.

§ 36-5 Compensation.

The salary of the Township Manager shall be fixed yearly by the Board of Commissioners and may be changed from time to time at the discretion of the Board of Commissioners.

§ 36-6 Powers and duties.

A. 
The Manager shall be the chief administrative officer of the Township, and he/she shall be responsible to the Board of Commissioners as a whole for the proper and efficient administration of the affairs of the Township. His/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.
B. 
Subject to recall by ordinance of the Board of Commissioners, the powers and duties of the Township Manager shall include, but not be limited to, the following:
(1) 
Supervision of departments. He/she shall supervise and be responsible for the activities of all municipal departments, including the Police Department. Nothing in this section is intended to limit the Chief of Police's operational command of the Police Department as it relates to police functions.
(2) 
Personnel actions. He/she shall be responsible for all personnel practices in the Township.
[Amended 4-3-2006 by Ord. No. 393]
(a) 
The Township Manager, with the consent of the Board of Commissioners, may hire and, when necessary for the good of the service, discipline, suspend or discharge all employees under his supervision, subject to provisions of the First Class Township Code or other state laws or other Township ordinance, resolution or collective bargaining agreement.
[Amended 7-17-2006 by Ord. No. 396]
(b) 
Prior approval of the Board of Commissioners shall be obtained before enlarging staff either by the creation of a new position or increasing the number of employees in the present categories.
(c) 
He/she shall have the power to fix wages and salaries of all personnel under his/her supervision, within a range previously determined by resolution of the Board of Supervisors.
(3) 
Financial management. He/she shall develop and administer the financial affairs of the Township in a prudent and responsible manner.
(a) 
He/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, a budget for the next fiscal year and an explanatory budget message. In preparing the budget, the Manager or an officer designated by him/her shall obtain from the head of each department, agency, board or officer estimates of revenues and expenditures and other supporting data as he/she requests. The Manager shall review such estimates and may revise them before submitting the budget to the Board of Commissioners.
(b) 
He/she shall be responsible for the administration of the budget after its adoption by the Board of Commissioners.
(c) 
He/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.
(d) 
He/she shall develop long-range fiscal plans for the Township.
(e) 
He/she shall be the purchasing officer of the Township, and he/she shall purchase, in accordance with the provisions of the First Class Township Code,[1] all supplies and equipment for the various agencies, boards, departments and other offices of the Township. Prior approval of a majority of the Board of Commissioners shall be obtained for individual purchases in an amount exceeding the limit established by resolution of the Board of Commissioners.
[1]
Editor's Note: See 53 P.S. § 55101 et seq.
(f) 
He/she shall keep an account of all purchases made by him/her and shall, from time to time or when directed by the Board of Commissioners, make a full written report thereof. He/she shall also issue rules and regulations subject to the approval of the Board of Commissioners governing the requisition and purchasing of municipal supplies and equipment. Notwithstanding anything herein contained to the contrary, the Township Manager shall not have the power and authority to make purchases or to enter into contracts where, according to the First Class Township Code, advertising is required, except with the prior approval of the majority of the Board of Commissioners.
(g) 
He/she shall be responsible for the financial management of the Township, including accounts receivable, accounts payable, investments, account collection and other related activities.
(4) 
Other offices. He/she shall hold such other municipal offices or head one or more of the municipal departments as the Board of Commissioners may from time to time direct, in conformance with the First Class Township Code.
(5) 
Attendance at Board meetings. He/she shall attend all meetings of the Board of Commissioners and its committees with the right to take part in the discussion, and he/she shall receive notice of all special meetings of the Board of Commissioners or its committees. Notwithstanding the provisions of this section, the Board of Commissioners may exclude the Township Manager from attendance at an executive session if the purpose of the meeting involves the Township Manager.
(6) 
Preparation of agenda for Board meetings. He/she shall prepare the agenda for each meeting of the Board of Commissioners and supply facts pertinent thereto.
(7) 
Periodic reports and recommendations. He/she shall keep the Board of Commissioners informed as to the conduct of Township affairs; submit periodic reports on the condition of the Township finances and such other reports as the Board of Commissioners requests; and make such recommendations to the Board of Commissioners as he/she deems necessary as it relates to the administrative and governmental functions of the Township.
(8) 
Emergency declaration. The Township Manager shall have the right to declare an emergency because of conditions arising from natural or man-made circumstances for a period of up to three days; however, said declaration must subsequently be affirmed by the Board of Commissioners.
(9) 
Contracts and agreements.
(a) 
He/she shall see that the provisions of all franchises, leases, permits and privileges granted by the Township are observed.
(b) 
He/she shall attend to the letting of contracts, with prior approval of the majority of the Board of Commissioners, in due form of law, and he/she shall supervise the performance and faithful execution of the same except insofar as such duties are expressly imposed upon some other Township office by statute or ordinance.
(10) 
Employment of consultants. He/she may employ experts and consultants to perform work and to advise him/her in connection with any of the functions of the Township, within a fee limit established by the Board.
(11) 
Complaints and service requests. All complaints regarding services or personnel of the Township shall be referred to the office of the Manager. He/she or an officer designated by him/her shall investigate and dispose of such complaints, and the Manager shall report thereon to the Board of Commissioners.

§ 36-7 Limitations on powers of Board.

[Amended 7-17-2006 by Ord. No. 396]
Except for the purpose of inquiry, or upon coordination with the Township Manager, the Board of Commissioners, its committees and its members shall deal with a department solely through the Township Manager, and neither the Board of Commissioners nor any of its committees nor any of its members shall give orders, publicly or privately, to any subordinates of the Manager without prior coordination. Notwithstanding anything herein contained to the Contrary, the Board of Commissioners reserves unto itself the rights, power and authority not otherwise set forth in § 36-6.

§ 36-8 Disability or absence.

If the Manager becomes ill or needs to be absent from the Township, the Board of Commissioners shall designate one qualified person to perform the duties of the Manager during his/her absence or disability.
[Adopted 2-10-2005 by Ord. No. 378]

§ 36-9 Appointment of independent auditor.

As permitted by Section 520 of the First Class Township Code,[1] the Board of Commissioners of Upper Pottsgrove Township shall, by resolution adopted at a duly constituted meeting, appoint an independent auditor, who shall be a certified public accountant registered in Pennsylvania, a firm of certified public accountants so registered or a competent public accountant or firm of public accountants, to audit, for fiscal year 2004 and thereafter, the accounts, records and all other evidences of financial transactions of Upper Pottsgrove Township and file a report thereof with the Board of Commissioners, the Pennsylvania Department of Community and Economic Development and other appropriate parties. The independent auditor shall perform any and all other duties and exercise such powers as required of or conferred upon him, her or it by law, specifically, those other duties, powers and obligations by acts of the General Assembly of the Commonwealth of Pennsylvania.
[1]
Editor's Note: See 53 P.S. § 55520.

§ 36-10 Board of Auditors absolved from performing audit.

Upon appointment of an independent auditor as provided for in § 36-9 of this article, the elected Board of Auditors shall be absolved from performing the required audit of Upper Pottsgrove Township.

§ 36-11 Compensation.

The resolution appointing an independent auditor shall state and establish the compensation to be paid from Township funds for exercise and performance of said services.