THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ROSS, GINGRICH, CREIGHTON, FREEMAN AND SANTARSIERO, MAY 3, 2011

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 3, 2011  

AN ACT

Amending the act of May 24, 1956 (1955, P.L.1674, No.566),

entitled "An act authorizing council of any incorporated town

to create the office of town manager, and prescribe his

powers and duties," further providing for the office of town

manager and for powers and duties of a town manager.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 1 and 2 of the act of May 24, 1956

(1955, P.L.1674, No.566), entitled "An act authorizing council

of any incorporated town to create the office of town manager,

and prescribe his powers and duties," are amended to read:

Section 1.  Town Manager May Be Created by Ordinance;

Election.--The council of any town may, at its discretion, at

any time, create by ordinance the office of town manager and

may, in like manner, abolish the same. While said office exists,

the council shall, from time to time and whenever there is a

vacancy, elect, by a vote of a majority of all the members, one

person to fill said office, who shall serve until the first

Monday of January of the even-numbered year succeeding his

election and until his successor qualifies[, subject, however,

to removal by the council at any time by a vote of the majority

of all the members]. The town manager 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 2.

Section 2.  Powers and Duties; Bond.--The powers[,] and 

duties [and compensation] of the town manager shall be regulated

by ordinance. Council may enter into an employment agreement

with the town manager. 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 town manager 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 town manager any legal remedy

based on specific performance. The council and the president of

the council, when authorized by ordinance, may delegate subject

to recall any of their respective nonlegislative and non-

judicial powers and duties to the town manager. He shall give a

bond to the town with one or more sureties or one bonding

company, to be approved by the council, in such sum as it shall

by ordinance direct, conditioned for the faithful performance of

his duties.

Section 2.  This act shall take effect in 60 days.