the municipal secretary desktop reference manual - Southwestern ...

Commentary
The above standard recognizes that competent management may be achieved and maintained by one
of three options when a municipality is unable to employ a full-time professional manager. The first
alternative formally acknowledges the extended responsibilities often taken on by the municipal
secretary. The other two provide management expertise on a reduced time and cost basis. Further
discussion concerning the first method follows. (Option one recognizes that training can only be
mandated when the municipal secretary is an employee and holds no elected legislative position.)
All Pennsylvania boroughs and townships are required to have a municipal Asecretary.@ State law
(municipal code law) establishes no qualifications for this position. It defines the formal
responsibilities of the secretary, basically, to attend meetings, keep minutes, preserve the records and
documents of the government, and hold custody of the corporate seal. Frequently, in the absence of a
professional manager or administrator, the secretary may take on many more duties, and by default
functions as the municipality's manager/administrator. He/she may handle day-to-day administrative
matters, such as: finance, purchasing, responding to complaints, coordinating personnel and
operational matters and staying abreast of state and federal mandates. The above standard stipulates
that this reality be formally recognized and required as part of the position.
FACTOR: THE GOVERNING BODY - MANAGER RELATIONSHIPS
Standards
1. At the time of hiring, the governing body and the individual hired to be the municipal
manager, administrator or secretary establish the terms and conditions of his/her
employment. Areas to be addressed include duties and responsibilities, mutual goals
and expectations, periodic formal evaluation of performance, the formal and informal
processes for communication between the two parties, compensation and benefits,
circumstances under which employment might be terminated, and severance provisions.
Commentary
By taking time to discuss and establish the manager, administrator or secretary's terms and conditions
of employment, the legislative body is indicating its interest in carefully considering and defining the
role to be fulfilled by the person who will have a substantial impact on the day-to-day operations of
the local government. It will help to establish mutual understanding, trust, and respect between the
parties. The methods by which to formalize the discussion regarding the items noted above are a
memo of understanding or formal employment agreement. The recommended option is the
employment agreement. Regardless of method utilized, it should clearly stipulate the legislative
body's expectations for the municipal manager, administrator, or secretary and establish a process by
which misunderstandings might be reconciled. It should be emphasized that neither option is
considered a fixed contract. Legally speaking, the manager, administrator or secretary in
Pennsylvania is an "at-will" employee who serves at the pleasure of the governing body. The
overarching value of each method is to signal that both parties, in good faith, want the relationship to
work, and work well.
2. The governing body should clearly establish the lines of authority and communication
between it and the municipal employees. And, except for purposes of investigation and
inquiries, individual members of the governing body and/or its committees do not give
direct orders to any municipal department head or other employee, either publicly or
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