Bill Text: PA HB2352 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Providing for the office and powers and duties of a city administrator or manager.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Engrossed - Dead) 2010-10-08 - Referred to LOCAL GOVERNMENT [HB2352 Detail]

Download: Pennsylvania-2009-HB2352-Introduced.html

---

PRINTER'S NO. 3405
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2352 Session of2010
INTRODUCED BY FREEMAN, KESSLER, GRUCELA, ROSS AND GINGRICH, MARCH 18, 2010
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 18, 2010
AN ACT
Amending the act of June 23, 1931 (P.L.932, No.317), entitled
"An act relating to cities of the third class; and amending,
revising, and consolidating the law relating thereto,"
providing for the office and powers and duties of a city
administrator or manager.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 23, 1931 (P.L.932, No.317), known
as The Third Class City Code, reenacted and amended June 28,
1951 (P.L.662, No.164), is amended by adding an article to read:
ARTICLE XII-A
CITY ADMINISTRATOR OR MANAGER
Section 1201-A. Office of city administrator or manager.
City council may, at its discretion at any time, by
ordinance, enacted by a majority vote of all members elected to
council, create the office of city administrator or manager and
may in like manner abolish the same. The appointed office of
city administrator when referenced in this article may also be
referred to as city manager, and a reference to a city
administrator shall be deemed a reference to a city manager.
Section 1202-A. Appointment; selection; removal.
In a city in which the office of city administrator has been
created, council shall appoint a person to fill that office
initially, and thereafter, whenever a vacancy exists in the
office. The appointment of a person to fill the office of city
administrator shall be by an affirmative vote of a majority of
all the members of council. Council shall select a city
administrator on the basis of executive and administrative
qualifications, education and experience and may give special
consideration to applicants with training and experience in
municipal government operation. The city administrator shall
serve at the pleasure of council, subject to contractual rights
that may arise under an employment agreement that may be entered
in accordance with section 1203-A.
Section 1203-A. Employment agreement.
Council may enter into an employment agreement with the city
administrator. The employment agreement may set forth the terms
and conditions of employment, and the agreement may provide that
it shall remain in effect for a specified period terminating no
later than two years after the effective date of the agreement
or the date of the organization meeting of council following the
next municipal election, whichever shall first occur. An
employment agreement entered into pursuant to this section may
specify conditions under which a city administrator would be
entitled to severance compensation, but in no event shall an
employment agreement guarantee employment through the term of
the agreement or confer upon the city administrator any legal
remedy based on specific performance.
Section 1204-A. Residency and elective city office.
20100HB2352PN3405 - 2 -
At the time a person is appointed to fill the office of city
administrator, the appointee need not be a resident of the city.
After appointment, the city administrator may reside outside the
city only with the approval of council. The city administrator
shall not hold any elective city office.
Section 1205-A. Powers and duties.
(a) Powers and duties generally.--Council may, by ordinance,
vest in the city administrator powers and duties relating to the
general management of city business and to the enforcement of
city ordinances and regulations. The powers and duties conferred
upon a city administrator in accordance with this section shall
not be construed as diminishing powers granted to other city
officers by statute or ordinance.
(b) Specific powers.--The powers and duties that may be
conferred upon a city administrator by council may include, but
shall not be limited to, any or all of the following:
(1) To be the chief administrative officer of the city
responsible to the city council as a whole for the proper and
efficient administration of the affairs of the city.
(2) To direct and supervise the administration of all
departments and functions of the city, except as otherwise
provided by ordinance or law.
(3) Except as otherwise provided by this act, to appoint
city employees on the basis of merit system principles and
suspend, remove or otherwise discipline employees, subject to
the following:
(i) The city administrator may make recommendations
to council concerning appointments or removals at the
department head level.
(ii) Prior to any action being taken with regard to
20100HB2352PN3405 - 3 -
appointments or removals at the department head level,
the city administrator shall confer with council.
(iii) Council must confirm appointments or removals
at the department head level.
(4) To designate a qualified administrative officer of
the city to perform the city administrator's duties during
the city administrator's temporary absence or disability. In
the event the city administrator fails or is unable to make
such designation, or if the absence or disability continues
more than 30 days, the council may, by resolution, appoint an
officer of the city to perform the duties of the city
administrator during the city administrator's absence or
disability until the city administrator is able to return to
work.
(5) To negotiate contracts for the city, subject to the
approval of city council, make recommendations concerning the
nature and location of municipal improvements and execute
municipal improvements as determined by the city council.
(6) To see that all terms and conditions imposed in
favor of the city or its inhabitants in any statute,
franchise or contract are faithfully kept and performed, and
upon knowledge of any violation, call the same to the
attention of the city council.
(7) To attend all meetings of the city council with the
right to take part in the discussions, but without the right
to vote.
(8) To recommend to the city council for adoption such
measures as the administrator may deem necessary or
expedient, keep the council advised of the financial
condition of the city and make reports to the council as
20100HB2352PN3405 - 4 -
requested by it.
(9) To investigate at any time the affairs of any
officer or department of the city that is under the
administrator's jurisdiction.
(10) To prepare and submit the annual city budget for
review and approval by the city council. The recommended
budget shall be submitted to city council for its review no
later than the last stated meeting in November. The budget so
submitted shall be accompanied by an enabling ordinance,
together with such explanatory comment or statement as the
administrator may deem desirable. The budget document shall
be in such form as is required by law for city budgets, and
shall contain such additional documentation or explanation of
the various items of expenditure and revenue as may be
required by council.
(11) To perform such other duties as may be designated
by the city council in the enabling ordinance.
Section 2. This act shall take effect in 60 days.
20100HB2352PN3405 - 5 -