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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ROBBINS, ERICKSON, EICHELBERGER, STOUT AND WOZNIAK, JULY 31, 2009 |
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| REFERRED TO LOCAL GOVERNMENT, JULY 31, 2009 |
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| AN ACT |
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1 | Amending the act of May 24, 1956 (1955, P.L.1674, No.566), |
2 | entitled "An act authorizing council of any incorporated town |
3 | to create the office of town manager, and prescribe his |
4 | powers and duties," further providing for the office of town |
5 | manager and for powers and duties of a town manager. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Sections 1 and 2 of the act of May 24, 1956 |
9 | (1955, P.L.1674, No.566), entitled "An act authorizing council |
10 | of any incorporated town to create the office of town manager, |
11 | and prescribe his powers and duties," are amended to read: |
12 | Section 1. Town Manager May Be Created by Ordinance; |
13 | Election.--The council of any town may, at its discretion, at |
14 | any time, create by ordinance the office of town manager and |
15 | may, in like manner, abolish the same. While said office exists, |
16 | the council shall, from time to time and whenever there is a |
17 | vacancy, elect, by a vote of a majority of all the members, one |
18 | person to fill said office, who shall serve until the first |
19 | Monday of January of the even-numbered year succeeding his |
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1 | election and until his successor qualifies[, subject, however, |
2 | to removal by the council at any time by a vote of the majority |
3 | of all the members]. The town manager shall serve at the |
4 | pleasure of council, subject to contractual rights that may |
5 | arise under an employment agreement that may be entered in |
6 | accordance with section 2. |
7 | Section 2. Powers and Duties; Bond.--The powers[,] and |
8 | duties [and compensation] of the town manager shall be regulated |
9 | by ordinance. Council may enter into an employment agreement |
10 | with the town manager. The employment agreement may set forth |
11 | the terms and conditions of employment, and the agreement may |
12 | provide that it shall remain in effect for a specified period |
13 | terminating no later than two years after the effective date of |
14 | the agreement or the date of the organization meeting of council |
15 | following the next municipal election, whichever shall first |
16 | occur. An employment agreement entered into pursuant to this |
17 | section may specify conditions under which a town manager would |
18 | be entitled to severance compensation, but in no event shall an |
19 | employment agreement guarantee employment through the term of |
20 | the agreement or confer upon the town manager any legal remedy |
21 | based on specific performance. The council and the president of |
22 | the council, when authorized by ordinance, may delegate subject |
23 | to recall any of their respective nonlegislative and non- |
24 | judicial powers and duties to the town manager. He shall give a |
25 | bond to the town with one or more sureties or one bonding |
26 | company, to be approved by the council, in such sum as it shall |
27 | by ordinance direct, conditioned for the faithful performance of |
28 | his duties. |
29 | Section 2. This act shall take effect in 60 days. |
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