The Mayor shall be the Chief Executive Officer of the City of Reading and shall have those powers and duties prescribed by law, the Charter (see § 301, The Mayor), and ordinance and include but not be limited to the following. The Mayor is ultimately responsible to the people of Reading for the administration of the government. This does not mean, however, that the Mayor need perform each activity mentioned below. Rather, the Mayor as the chief executive officer may assign duties as he/she deems necessary.
Editor's Note: Section 301 of the Charter provides:
§ 301. The Mayor.
The executive, administrative and law enforcement powers of the City shall be vested in the Mayor. The Mayor shall control and be accountable for the executive branch of City government, as provided by this Charter.
A. Section 308(a) through (n) of the Charter, "Powers and duties of the Mayor."
Editor's Note: Section 308 of the Charter provides:
§ 308. Powers and duties of the Mayor.
The Mayor shall have the following powers and duties:
(a) Execute, enforce, and obey the ordinances of the City and laws of the Commonwealth of Pennsylvania and the United States of America.
(b) Prepare and present a budget to City Council in accordance with the provisions of this Charter.
(c) Inform City Council and the public each January of the financial and general condition of the City.
(d) Provide Council with all information concerning finances and general conditions of the City as may be requested by Council.
(e) Introduce proposed legislation to Council and make recommendations to City Council concerning the affairs of the City.
(f) Be responsible for the hiring, with the approval of Council, of the City Managing Director.
(g) Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by the Charter or by law.
(h) Ensure that all laws, provisions of this Charter and acts of City Council, subject to enforcement by the Managing Director, are faithfully executed by the Managing Director.
(i) Be responsible for the establishment and development of administrative policy to be implemented by the Managing Director.
(j) Be present or represented at all public Council meetings. The Mayor may participate in all public discussions but shall have no vote.
(k) Execute all bonds, notes, contracts and written obligations of the City.
(l) Issue subpoenas and compulsory processes, under the Official Seal of the Mayor, for the attendance of such persons and the production of such books and records as deemed necessary by the Mayor, and seek enforcement of such subpoenas by the Court of Common Pleas of Berks County.
(m) Unless otherwise provided, be responsible for the employment of personnel necessary for the effective operation of City government.
(n) Perform such other duties and exercise such other powers as stated in this Charter, by law or ordinance.
B. Section 221 of the Charter, Submission to Mayor and veto power.
Editor's Note: Section 221 of the Charter provides:
§ 221. Submission to Mayor and veto power.
Before any ordinance takes effect, it must first be submitted to the Mayor for approval. The Mayor shall sign the ordinance within 10 days, if approved, but if not, shall return it to Council stating objections. Council shall at its next meeting reconsider the ordinance and may pass it over the Mayor's veto by the affirmative vote of five members of City Council.
If the Mayor fails within 10 days after any ordinance is submitted to him to sign the ordinance and/or return it to Council, such ordinance shall be considered adopted at the expiration of the ten-day period.
The veto power of the Mayor shall not apply to ordinances adopted by initiative or referendum.
C. Section 309 of the Charter, Appointment by the Mayor.
Editor's Note: Section 309 of the Charter provides:
§ 309. Appointment by the Mayor. The Mayor shall appoint:
(a) One City Solicitor. Any person so appointed shall hold office unless removed during the term for which the Mayor is elected and until a successor is appointed and qualified. Four affirmative votes of Council shall be necessary for confirmation.
(b) All members of boards, authorities and commissions over which he has the power to appoint. Four affirmative votes of Council shall be necessary for confirmation.
D. Section 310 of the Charter, Removals by Mayor.
Editor's Note: Section 310 of the Charter provides:
§ 310. Removals by Mayor.
The Mayor may remove from office anyone appointed pursuant to § 309(b), unless otherwise provided by law.
E. Section 311 of the Charter, Managing Director.
Editor's Note: Section 311 of the Charter provides:
§ 311. Managing Director.
The Mayor, pursuant to the provisions of this Charter, shall appoint a full-time officer of the City who shall have the title of Managing Director and who shall receive compensation comparable to that received by a person in a position of similar responsibilities.
F. Section 401 of the Charter, Appointment; qualifications; compensation.
Editor's Note: Section 401 of the Charter provides:
§ 401. Appointment; qualifications; compensation.
(a) Within 90 days of taking office, the Mayor, with the approval of City Council, shall appoint a Managing Director for an indefinite term, subject to at least a biennial review, and fix the Managing Director's compensation. The Managing Director need not be a resident of the City at the time of appointment, but after appointment, shall reside in the City. The Managing Director shall establish such City residency within 12 months of being appointed.
(b) Any candidate for Managing Director shall:
(1) Have a master's degree in public administration, business administration, or its equivalent, and have at least three years' experience at an executive or administrative level.
(2) Have a bachelors degree in public administration, or its equivalent, and have at least five years of experience at an executive or administrative level.
(c) City Council may, by ordinance, establish additional qualifications for the position of Managing Director, prior to advertisement for the hiring of the Managing Director.
(d) In the event that the position of Managing Director cannot be filled by the Mayor, the Mayor may appoint a temporary Managing Director for a period of time not to exceed 90 days. During this period of time, the Mayor shall continue to use all available means to fill the position.
(e) In the event the Mayor has not filled the position of Managing Director within 180 days of taking office, City Council shall, within 90 days thereafter, hire a Managing Director. Any person hired by City Council shall hold the qualifications for said position prescribed by this Charter. The Mayor shall not have the power of veto over any candidate hired by City Council in accordance with the provisions of this Charter.
G. Section 404(a), (b) of the Charter, Removal.
Editor's Note: Section 404(a) and (b) of the Charter provide:
§ 404. Removal.
(a) The Managing Director may be removed from office by the Mayor at any time, without cause.
(b) At least 15 days prior to the removal from office, the Mayor shall notify the Managing Director and City Council in writing of such removal.
H. Section 603 of the Charter, Heads of department, offices, and agencies.
Editor's Note: Section 603 of the Charter provides:
§ 603. Heads of departments, offices, and agencies.
(a) Appointment. Except as otherwise provided by this Charter, the Mayor shall appoint and remove the head of any department, office and agency. An appointment shall not be effective unless City Council by resolution confirms it or fails to reject it within 60 days after the appointment. The appointee shall serve unless rejected by City Council or until removal from office, whichever is sooner.
(b) Removal. The Mayor shall have the power at any time to remove the head of any department, office or agency immediately under the Managing Director's direction and supervision, but the Mayor shall within 14 days notify in writing City Council of the removal and the reason for it.
I. Section 705 of the Charter, Compensation of heads of departments, offices, and agencies.
Editor's Note: Section 705 of the Charter provides:
§ 705. Compensation of heads of departments, offices and agencies.
The compensation of all heads of departments, offices and agencies under the direction of the Mayor shall be proposed by the Mayor and approved by ordinance. Compensation of all other employees shall be set in accordance with the uniform pay plan established by City Council in the Personnel Code. All such heads of departments, offices and agencies need not be residents of the City at the time of appointment, but after appointment, shall reside in the City. City residency shall be required within 12 months of being appointed.
J. Section 801 of the Charter, City Solicitor, Qualifications and Responsibilities. There shall be one full-time City Solicitor. Temporary solicitors may be engaged as the need arises. That need may be in areas such as labor relations and tax administration (to mention but a few), or for specific cases. The Mayor will make that determination.
Editor's Note: Section 801 of the Charter provides:
§ 801. Qualifications and responsibilities.
(a) The Mayor shall appoint, with the approval of Council, a Solicitor who shall be a member of the Bar of the Supreme Court of Pennsylvania and experienced in municipal law. The Solicitor, as head of the Legal Department, shall serve as chief legal advisor to the Mayor, the Council, and all City departments and agencies; and shall represent the City in all legal proceedings and shall perform such other duties prescribed by law, by this Charter, by the City Administrative Code or action of Council. It is the intent of this Charter that only one person shall be the legal advisor of the City except as may be otherwise required by law.
(b) The Mayor, with the approval of Council, shall have the power, if needed, to engage other temporary Solicitors to represent the City as the need may be. Such appointments shall be temporary and shall be for the purpose of representing the City in specific individual legal matters. Such representation shall be secured by requests for proposal.
K. Section 902 of the Charter, Submission of balanced budget and capital program.
Editor's Note: Section 902 of the Charter provides:
§ 902. Submission of balanced budget and capital program.
On or before 90 days prior to the ensuing fiscal year, the department heads will submit proposed budget and capital program to the Managing Director. On or before 90 days prior to the ensuing fiscal year, the Mayor will submit to the City Council a balanced budget, capital program, and an accompanying message. The proposed balanced budget and capital program shall be in such form as the Mayor deems desirable, unless otherwise required by Council.
L. Section 904 of the Charter, Budget.
Editor's Note: Section 904 of the Charter provides:
§ 904. Budget.
The budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year in accordance with all generally accepted accounting principles and, except as required by this Charter, shall be in such form as the Mayor deems desirable or the Council may require. In organizing the budget, the Mayor shall utilize the most feasible combination of expenditure classification by fund, organization unit, program, purpose or activity, and object. The budget shall contain, among other things, the following:
(a) It shall begin with a general summary of its contents.
(b) It shall show in detail all estimated income, indicating the existing and proposed tax levies, as well as other assessments, fees and charges.
(c) It shall show all proposed expenditures, including debt service, for the ensuing fiscal year.
(d) It shall show the number of proposed employees in every job classification.
(e) It shall be so arranged as to show comparative figures for actual and estimated income and expenditures for the current fiscal year and actual income and expenditures of the preceding four fiscal years.
(f) It shall indicate proposed expenditures during the ensuing fiscal year, detailed by offices, departments and agencies, in terms of their respective work programs and the methods of financing such expenditures.
(g) It shall indicate proposed capital expenditures during the ensuing fiscal year, detailed by offices, departments and agencies when practicable, and the proposed method of financing each such capital expenditure. The Mayor will include this separate capital program section in the annual budget and submit to Council with appropriate supporting information as to the necessity for such programs.
(h) It shall indicate anticipated net surplus or deficit for the ensuing fiscal year of each utility owned or operated by the City and the proposed method of its disposition; subsidiary budgets for each such utility giving detailed income and expenditure information shall be attached as appendices to the budget.
The total of proposed expenditures shall not exceed the total of estimated income.
M. Section 905(b) of the Charter, Amendment (budget) before adoption.
Editor's Note: Section 905(b) of the Charter provides:
§ 905. City Council action on budget.
(b) Amendment before adoption. After the public hearing, the City Council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for an estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than total estimated income and thereby allowing for line item changes by the City Council.
N. Section 908 of the Charter, Amendments (Budget) after adoption.
Editor's Note: Section 908 of the Charter provides:
§ 908. Amendment after adoption.
(a) Emergency appropriations may be made by the Council to meet a public emergency posing a sudden, clear and present danger to life or property. Such appropriations may be made by emergency ordinance in accordance with the provisions of § 220 of this Charter.
(b) Supplemental appropriations may be made by the Council by ordinance upon certification by the Mayor that there are available for appropriate revenues in excess of those estimated in the budget.
(c) Transfer of appropriations may be made in accordance with provision of the Administrative Code [Chapter 5].
O. Section 910 of the Charter, Administration of the budget and capital program.
Editor's Note: Section 910 of the Charter provides:
§ 910. Administration of the budget and capital program.
The Mayor shall be responsible for and with the assistance of the Managing Director shall supervise the administration of the annual and capital budgets.
P. Section 911 of the Charter, Capital program.
Editor's Note: Section 911 of the Charter provides:
§ 911. Capital program.
(a) Submission to City Council. The Mayor shall prepare and submit to the City Council a five-year capital program no later than the final date for submission of the budget.
(b) Contents of capital program. The capital program shall include:
(1) A clear general summary of its contents.
(2) A list of all capital improvements and other capital expenditures which are proposed to be undertaken during the five fiscal years next ensuing, with appropriate supporting information as to the necessity for each.
(3) Cost estimates and recommended time schedules for each improvement of other capital expenditure.
(4) Method of financing, upon which each capital expenditure is to be reliant.
(5) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired.
(6) All capital projects must be included in the capital program budget.
The above shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition.
(c) Financing capital projects. Bonds required for financing capital projects shall be secured by competitive bidding.
(d) Capital projects approved. Proposed capital projects in the capital programs must be considered on their own individual merits by the Finance Manager, the City Auditor and the proposer of the project. The procedures to approve the individual capital projects are:
(1) Preliminary feasibility study. The capital project preliminary feasibility study shall include:
(i) A clear general summary of its purpose and justification.
(ii) The cost estimates and time schedule for the capital project including the cost of the post project completion audit.
(iii) The method of financing and sources upon which this capital project is reliant.
(iv) The annual cost of operating and maintaining the project to be constructed or acquired. The Council approval of capital projects in this preliminary feasibility study will require a simple majority vote in order to move on to a final approval and funding acceptance.
(2) Final proposal and financing. The final capital project proposal and financing shall include:
(i) A clear general summary of its purpose and justification.
(ii) The cost estimates and time schedule for the capital project, including the cost of the post-project-completion audit.
(iii) The method of financing and sources upon which this capital project is reliant.
(iv) The annual cost of operating and maintaining the project to be constructed or acquired.
(v) This final capital project proposal will be published and made available for the public to review (Use Notice and Hearing Notice, § 912). Capital project replaces capital program. The final Council approval of capital projects will require five votes to approve.
(3) Capital project reporting.
(a) Current projects. All capital projects in process must be reported on a quarterly basis and provide an update on cost, completion date and estimated revised operating costs. This information is to be supplied by the Finance Manager and the Project Manager to the City Council in such a form that it is available to the public.
(b) Extended projects. If commencement of a capital project does not begin by end of the fiscal year following the year in which final approval is obtained, the project must go through § 911(d)(1) and (2).
(e) Post-project-completion audit. Following completion of the capital project, a complete and detailed audit must be published and made available to the public. This post audit is to be completed by an independent auditor appointed by the Council. The purpose of the post audit is to confirm the estimates of costs and explain any deviation between actual and estimated costs.
Q. Section 914 of the Charter, Independent audit.
Editor's Note: Section 914 of the Charter provides:
§ 914. Independent audit.
The Council shall provide for an annual independent audit to be completed and submitted to the Mayor within 180 days of the close of the fiscal year. It shall include City receipts, expenditures, accounts and reports by a Pennsylvania certified public accountant or a certified public accounting firm, experienced in municipal finance, having no personal interest, direct or indirect, in the fiscal affairs of the City or any of its elected or appointed personnel. The Council may provide for more frequent audits at its discretion. Within 30 days of completion, the Mayor shall present to the Council the results of the annual audit and a financial statement of the fiscal affairs of the City, with the results of the independent auditor's survey of internal control and any recommendations thereon. The evaluation of the internal control shall take the form of a management letter. This management letter shall be submitted to the City Council after every audit. A summary of the annual audit of the independent auditor shall be published at least once in one or more newspapers of general circulation in the City within 30 days after submission to the Mayor. The annual audit shall be conducted in accordance with generally accepted auditing standards. The financial report shall be prepared in accordance with generally accepted accounting principles, and shall include a balance sheet for each fund, and on a consolidated fund basis reflecting all current assets, current liabilities and fund balances. The Council shall designate such accountant or firm annually or for a period not exceeding three years.
R. Section 1201(c) of the Charter, Board of Ethics.
Editor's Note: Section 1201(c) of the Charter provides:
§ 1201. Conflict of interest and Code of Ethics.
(c) Board of Ethics. The Mayor, with the approval of City Council, shall establish an independent Board of Ethics consisting of five City residents holding terms of three years, to administer and enforce the conflict of interest provision § 1201 of this charter and the prohibition sections of this charter. No member of the Board may hold elective or City office under the City or any other government or hold any political party office. Insofar as possible under state law, the Mayor shall authorize the Board to issue binding opinions, conduct investigations on its own initiative and on referral or complaint, refer cases for prosecution, impose administrative fines, and to consult with independent counsel. City Council shall appropriate sufficient funds to the Board of Ethics to enable it to perform the duties assigned to it. Members of the Board of Ethics may be removed by the Mayor with the consent of City Council.
S. Section 1203 of the Charter, Review of Charter.
Editor's Note: Section 1203 of the Charter provides:
§ 1203. Review of Charter.
At least every 10 years, except for the initial Charter review which shall take place under this provision no sooner than five years but no later than 10 years after the effective date of this Charter, City Council and the Mayor shall appoint a Charter Review Commission composed of 11 members, the majority of whom shall not be City officials or employees. Seven members of this Commission shall be appointed by City Council and four members shall be appointed by the Mayor. All appointees shall be current residents and registered voters of the City. The Charter Review Commission shall review the current Charter, submit a report to City Council, the Mayor, and the citizens of the City, within six months of its appointment, and recommend any proposed amendments to the Charter. All proposed amendments shall be placed on the ballot no later than the next municipal election. City Council shall provide appropriations for the reasonable expenses incurred by the Charter Review Commission.
T. Section 1307(c) of the Charter, Personnel Action.
Editor's Note: Section 1307(c) of the Charter provides:
§ 1307. Personnel.
(c) Personnel action. Until approval by City Council of the Personnel Code required by § 703, the Mayor, in consultation with the Managing Director, shall have the power to establish by written directive a personnel system for all employees. All appointments and promotions, except additions to the exempt service, shall be made on the basis of merit and fitness. All personnel actions shall be in accordance with the provisions of a personnel system established by such written directive. Copies of all such directives shall be forwarded by the Mayor to City Council within 24 hours after being issued.
U. Shall have the authority to administer oaths and affirmations in relation to any matter regarding the authentication of an account or claim or demand of or against the City, but shall not be entitled to receive any fee therefor.