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 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.

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

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

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.