Part 3
Appointed Officials and Employees
A. Borough Manager
§1-301 Creation of Office.
The office of Borough Manager is hereby created by the Borough of Selinsgrove.
(Ord. 283, 1/7/1963, §1)
§1-302 Appointment and Removal.
The Manager shall be appointed by a majority of all the members of Council, and he shall serve until the first Monday of January of the even-numbered year succeeding his election and until his successor qualifies. The Manager shall serve at the pleasure of the Council, and he may be removed at any time by a majority vote of all its members. At least 30 days before such removal becomes effective, the Council shall furnish the Manager with a written statement setting forth its intention to remove him and the reasons therefore.
(Ord. 283, 1/7/1963, §2)
§1-303 Qualifications.
The Manager shall be chosen solely on the basis of his executive and administrative abilities, with special reference to his actual experience in or his knowledge of accepted practices in respect to the duties of his office, as herein outlined. The Manager need not be a resident of the Borough or of the Commonwealth of Pennsylvania at the time of his appointment, but as soon as possible thereafter he shall become and during his tenure shall remain a resident of the Borough.
(Ord. 283, 1/7/1963, §3)
§1-304 Bond.
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 Borough Council, in an amount as required by such Council, conditioned for the faithful performance of his duties. The premium shall be paid by the Borough.
(Ord. 283, 1/7/1963, §4; as amended by Ord. 800, 6/4/2012, §3(A))
§1-305 Compensation.
The salary of the Borough Manager shall be set by motion.
(Ord. 283, 1/7/1963, §5; as amended by Ord. 825, 10/3/2016, §5(B))
§1-306 Powers and Duties.
1. 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, imposed or conferred upon other Borough officers.
2. Subject to recall by ordinance of the Council, the powers and duties of the Borough Manager shall include the following:
A. He shall supervise and be responsible for the activities of all Borough departments.
B. He shall hire and, when 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 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 officer, estimates of revenue 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 hold such other Borough offices or head one or more of the Borough departments as the Council may from time to time direct.
F. He shall attend all meetings of the Council and its committees, with the right to take part in the discussion, and he shall receive notice of all special meetings of the Council or its committees.
G. He shall prepare the agenda for each meeting of Council and supply facts pertaining thereto.
H. He shall keep the Council informed as to the conduct of Borough affairs, submit monthly reports on the condition of the Borough finance and such other reports as the Council requests and make such recommendations to the Council as he deems necessary.
I. He shall submit to 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.
J. He shall see that the provisions of all franchises, leases, permits and privileges granted by the Borough are observed.
K. He may employ, by and with the approval of Council, experts and consultants to perform work and to advise in connection with any of the functions of the Borough.
L. 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.
M. He shall see that all money owed to the Borough is promptly paid and that proper proceedings are taken for the security and collection of all the Borough’s claims.
N. 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 monthly or when directed by the Council make a full written report thereof. He shall also issue rules and regulations, subject to the approval of Council, governing the requisition and purchasing of all Borough supplies and equipment.
O. 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 Council.
P. He shall supervise and manage the financial affairs of the Borough in conjunction with the Borough Treasurer, which supervision and management shall include, but not be limited to, the investment and reinvestment of Borough funds, the purchase of certificates of deposit, selection of depositories and related activities, all of which must be as permitted by law. Such transactions shall be reported to Borough Council at its first regular meeting following the completion of such transactions. He shall submit an updated report of the transactions each month thereafter. A full review of all of the transactions shall be a part of the biannual reorganization meeting. [Ord. 708]
(Ord. 283, 1/7/1963, §6; as amended by Ord. 708, 12/2/2002)
§1-307 Delegation of Duties Authorized.
Mayor’s Powers and Duties. The Mayor is hereby authorized to delegate to the Borough Manager, subject to recall by written notification at any time, any of his non-legislative and non-judicial powers and duties.
(Ord. 283, 1/7/1963, §7)
§1-308 Employment Rights Reserved to Manager.
Neither the Council nor any of its committees or members thereof shall dictate or attempt to dictate the hiring of any person to, or his discharge from, employment by the Manager, or in any manner take part in the hiring, suspending or discharging of employees in the administrative service of the Borough except as required to do so by the civil service provisions of the Borough Code, 53 P.S. §46171 et seq. Except for the purpose of inquiry, the Council, its committees and its members shall deal with the administrative service solely through the Borough Manager; and neither the Council nor any of its committees nor any of its members shall give orders publicly or privately, to any subordinates of the Manager.
(Ord. 283, 1/7/1963, §8)
§1-309 Performance of Duties During Absence or Disability.
If the Manager becomes ill or needs to be absent from the Borough, he shall designate 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 these duties for a period longer than 2 weeks without the approval of the Council.
(Ord. 283, 1/7/1963, §9)
B. Independent Auditor
§1-311 Appointment; Duties; Qualifications.
1. Each year, before the close of a fiscal year, the Borough Council shall appoint an independent auditor to make an independent examination of the accounting records of the Borough for such fiscal year, and such independent auditor shall also perform the other duties and exercise the powers as conferred upon him or her by the Borough Code, 53 P.S. §45101 et seq.
2. The independent auditor shall be a certified a public accountant registered in Pennsylvania, a firm of certified public accountants so registered or a competent public accountant or a competent firm of public accountants.
(Ord. 478, 12/17/1979, §1)
§1-312 Office of Elected Auditor Abolished.
The office of elected Borough Auditor is hereby abolished, although the Borough Auditors in office at the time of enactment of this Part shall continue to hold their offices during the terms for which elected, and the Borough Auditors shall not audit, settle or adjust the accounts audited by the independent auditor but shall perform the other duties of their office.
(Ord. 478, 12/17/1979, §1)
C. School Crossing Guards
§1-321 Authority.
This Subpart is adopted in conformance with and pursuant to authority granted by §§1006(3), 1127(b), and 1202(74) of the Borough Code, 53 P.S. §§46006(3), 46127(b), and 46202 (74), as amended.1
(Ord. 723, 4/5/2004, §1)
§1-322 Purpose.
This Part is adopted to promote and protect the health, safety, and welfare of the residents of Selinsgrove Borough by allowing the School Board of the Selinsgrove Area School District to hire and supervise school crossing guards within Selinsgrove Borough and providing for training and assistance for such guards by the Selinsgrove Police Department.
(Ord. 723, 4/5/2004, §2)
§1-323 Definitions.
The following words used in this Part shall have, unless the context clearly indicates otherwise, the meanings given to them in this Section:
Borough–the Borough of Selinsgrove, Snyder County, Pennsylvania.
Borough Council–the duly elected Council of the Borough of Selinsgrove, Snyder County, Pennsylvania.
Chief of Police–the duly appointed Chief of Police of the Borough of Selinsgrove, Snyder County, Pennsylvania.
Mayor–the duly elected Mayor of the Borough of Selinsgrove, Snyder County, Pennsylvania.
Person–a natural person.
Police Department–the Police Department of the Borough of Selinsgrove, Snyder County, Pennsylvania.
Resolution–the duly adopted resolution of the Selinsgrove Area School Board requesting the Borough Council for the authority to assume the hiring and oversight of School Crossing Guards.
School Board–the duly elected Board of the Selinsgrove Area School District of Snyder County, Pennsylvania.
School District–the Selinsgrove Area School District of Snyder County, Pennsylvania.
School crossing guard–a person hired to control and direct pedestrian and vehicular traffic at or near schools.
(Ord. 723, 4/5/2004, §3)
§1-324 Hiring and Supervision Allowance.
Pursuant to a duly adopted resolution of the School Board, the Borough Council hereby allows the School Board to hire and oversee such school crossing guards as the School Board deems appropriate and necessary. The school crossing guards shall be authorized only in the management of traffic and pedestrians in and around areas within the Borough specifically identified in writing by the Police Department and the School District Superintendent, or his or her designees.
(Ord. 723, 4/5/2004, §4)
§1-325 Compensation.
The School District shall be responsible for and shall pay the cost of compensation, including fixing such compensation, if any, of the school crossing guards. The School District shall oversee the hiring, scheduling, training, performance, discipline, and termination of the school crossing guards and shall pay all costs associated therewith, except that the Borough shall pay the wages and benefits of its personnel for the training of the school crossing guards.
(Ord. 723, 4/5/2004, §5)
§1-326 Training and Assistance.
1. At the written request of the School District, the Police Department shall provide such training as the Chief of Police shall deem necessary so that the school crossing guards are made aware of the rules of the road and traffic regulations promulgated by the Pennsylvania Department of Transportation and the laws of the Commonwealth of Pennsylvania for controlling and directing both pedestrian and vehicular traffic in and around the schools within the Borough.
2. The Police Department shall establish training materials and criteria for the school crossing guards and shall offer training sessions for them at such times as the Chief of Police shall schedule.
3. At least 30 days prior to the opening of the schools each Fall, the School District shall notify the Borough Council and the Police Department in writing of the names and addresses of the school crossing guards and request the necessary training and assistance that will be necessary over the coming school year.
4. At least 30 days prior to the start of the school year in the Fall of each year, the School District shall request in writing the specific assistance it shall need from the Borough for its school crossing guards for the coming year and the Borough Council shall respond to such request within a reasonable time thereafter.
5. Throughout the school year the School District shall provide the Police Department and Borough Council with any and all changes in the school crossing guards and of the necessity for additional training and assistance.
(Ord. 723, 4/5/2004, §6)
§1-327 Restrictions on School Crossing Guards.
The school crossing guards shall not be, nor shall they be deemed to be, employees, servants, officers, agents or representatives of the Borough, Borough Council, or the Police Department. The Mayor shall have no jurisdiction over the school crossing guards. The school crossing guards shall not come within the civil service provisions of the Pennsylvania Borough Code, 53 P.S. §46171 et seq., nor shall they fall under the collective bargaining unit of the School District nor be considered to be an employee as defined under the Public School Code of 1949, 24 P.S. §1-101 et seq., or a school employee as defined under 24 Pa.C.S. §8102 (relating to definitions) or any plans hereafter effective.
(Ord. 723, 4/5/2004, §7)
D. Sewage Enforcement Officer
§1-331 Authority.
This Subpart is adopted in conformance with and pursuant to authority granted by §§1006(3) and 1202(6), (17), (34), and (74) of the Borough Code, 53 P.S. §§46006(3) and 46202(6), (17), (34) and (74), as amended by the Act relating to intergovernmental cooperation, 1972, July 12, No. 180, 53 P.S. §481 et seq., as amended, and by the Pennsylvania Sewage Facilities Act, 35 P.S. §750.1 et seq., as amended (“the Act”).2
(Ord. 782, 12/7/2009, §1)
§1-332 Purpose.
This Subpart is adopted to promote and protect the health, safety, and welfare of the residents of Selinsgrove Borough by terminating the intergovernmental cooperation agreement between the Borough and other municipalities for sewage enforcement services and the Borough’s participation in the Snyder County Sewage Code Enforcement Committee and authorizing the Borough to engage the services of sewage enforcement officers.
(Ord. 782, 12/7/2009, §2)
§1-333 Borough Sewage Enforcement Officers.
The Borough Council is hereby authorized to engage the services of sewage enforcement officers licensed by the Commonwealth of Pennsylvania to perform any and all of the services and comply with all of the requirements of the Borough under the Act at such rate of compensation as the Borough and those officers may mutually agree upon.
(Ord. 782, 12/7/2009, §4)
§1-334 Fees and Penalties.
The Borough Council shall, from time to time, by duly adopted resolution, determine and impose such fees and costs as it deems necessary and permitted by the Act for the services rendered, the applications reviewed and the permits issued in accordance with the Act. Any person who violates or fails to comply with any rule or regulation adopted by the Borough by resolution or imposed by the Act shall be guilty of a summary offense and shall be subject to the fines and penalties provided for in §13 of the Act, as amended, 35 P.S. §750.13.
(Ord. 782, 12/7/2009, §5)
Editor’s Note: The cited provisions of the Borough Code were applicable at the time of adoption of Ord. 723, 4/5/2004. The Borough Code has since been revised, replaced and readopted by Act 43-2012, generally effective July 17, 2012. Now, generally see §1127 of the Borough Code, 53 P.S. §46127.
Editor’s Note: The cited provisions of the Borough Code were applicable at the time of adoption of Ord. 723, 4/5/2004. The Borough Code has since been revised, replaced and readopted by Act 43-2012, generally effective July 17, 2012. Now, generally see the Pennsylvania Sewage Facilities Act, 35 P.S. §750.1 et seq.