The Board of Commissioners of the township,
hereinafter referred to as the "Board," shall be the governing body
of the township. The Board shall consist of seven (7) Commissioners,
each one of whom shall be elected from one (1) of seven (7) representative
districts, hereinafter referred to as "wards."
No person shall be eligible for nomination or
appointment to the office of Commissioner unless such person shall
have been a resident and registered elector of the ward in and for
which such person is nominated or appointed for a period of not less
than one (1) year immediately prior to such nomination or appointment
and shall not otherwise be qualified to serve as Commissioner by this
Charter or by the laws of the Commonwealth of Pennsylvania. However,
a duly elected or appointed Commissioner who ceases to be a resident
of the ward in and for which elected or appointed, as a result of
redistricting according to law, shall be eligible to continue to serve
as the Commissioner for such ward for the balance of the elected or
appointed term so long as said Commissioner continues to live within
the boundaries of the ward in effect when elected or appointed.
[Amended 1-7-2013 by Ord. No. 2012-20[1]]
A.
The township
shall consist of 7 electoral districts (Wards), each of which shall
as nearly as possible: (a) be equal in population, (b) be formed of
compact and contiguous territory, and (c) follow existing governmental,
natural geographic, and/or major manmade boundaries and barriers,
with boundary lines running down the middle of streets. No later than
ten months following the public release of the decennial U.S. Census
reports, the Board shall by ordinance draw new ward lines according
to the above criteria. If in any such redistricting a commissioner
is removed from his/her ward, he/she shall continue to represent such
ward until the conclusion of his/her term in office.
B.
The Commissioner
for each Ward shall be elected by the electors of the Ward in a municipal
election in accordance with the election laws of the Commonwealth
of Pennsylvania and the provisions of this Charter. All Commissioners
representing even numbered Wards shall be elected at the municipal
election held in 2013 and shall be elected thereafter at 4 year intervals.
All Commissioners representing odd numbered Wards shall be elected
at the municipal election held in 2015 and shall be elected thereafter
at 4 year intervals.
[1]
Editor’s Note: This ordinance was subject to referendum
and was approved by a majority of the qualified voters 5-21-2013.
[Amended 1-7-2013 by Ord. No. 2012-20[1]]
A.
The office
of a Commissioner shall become vacant upon death, resignation, change
in residence from Ward represented, or determination of mental disability
by a court of competent jurisdiction of the Commonwealth of Pennsylvania.
A vacancy in the office of a Commissioner might also occur upon the
filing of a petition or complaint by any Commissioner or any 5 registered
electors of the Ward and then upon final determination of forfeiture
of office by any court of competent jurisdiction of the Commonwealth
of Pennsylvania upon any of the grounds which follow.
(1)
Lack,
at any time during the term of office, of any qualification for the
office prescribed by this Charter or by law.
(2)
Willful
violation of any specific prohibition of this Charter at any time
during the term of office.
(3)
Conviction
of any crime punishable by imprisonment for a term exceeding one year
under the laws of this Commonwealth or conviction of any comparable
crime under the laws of any other State or of the United States during
the term of office.
[1]
Editor’s Note: This ordinance was subject to referendum
and was approved by a majority of the qualified voters 5-21-2013.
Whenever a vacancy exists in the office of Commissioner,
the vacancy shall be filled in accordance with the procedures which
follow:
A.
The Board, by majority vote of its total membership,
within thirty (30) days from the time the office becomes vacant, shall
make an interim appointment of a qualified person to fill the vacancy.
B.
If the Board shall refuse, fail, neglect, or be unable,
for any reason whatsoever, to fill such vacancy within 30 days after
the vacancy occurs, then the vacancy shall be filled within 15 additional
days by the Vacancy Board. The Vacancy Board shall consist of the
Board of Commissioners and one elector of the Township, who shall
be appointed by the Board at the Board's annual reorganization meeting
or as soon thereafter as practical. Said elector shall act as the
Chairman of the Vacancy Board. If the Vacancy Board fails to fill
the position within 15 days, then the Court of Common Pleas of Delaware
County, Pennsylvania, shall, upon petition of the Board of Commissioners
or any 5 qualified electors of the Township, fill the vacancy in such
office by the appointment of a person meeting the qualifications of
this Charter.
[Amended 1-7-2013 by Ord. No. 2012-20[1]]
[1]
Editor’s Note: This ordinance was subject to referendum
and was approved by a majority of the qualified voters 5-21-2013.
C.
The person appointed to fill a vacancy shall serve
until a successor has been elected and assumed the office.
D.
At the next regularly scheduled primary, municipal
or general election which takes place at least sixty (60) days after
the vacancy occurs, a qualified person shall be elected by special
election in accordance with the Pennsylvania Election Code to fill
the vacancy. A person elected to fill a vacancy shall assume office
at the start of the first regularly scheduled meeting of the Board
following election and certification by the County Board of Elections
and shall serve for the remainder of the unexpired term.
Members of the Board shall receive compensation
at the rate of two thousand one hundred dollars ($2,100.) per annum
for the performance of their duties. Members of the Board shall receive
no other compensation, direct or indirect, for the performance of
their duties and shall not be eligible for any township pensions,
fringe benefits or insurance at township expense (other than liability
insurance related to their duties). However, members of the Board
shall be entitled to reimbursement for reasonable and necessary expenses
incurred in the performance of their duties, according to provisions
specified in the Administrative Code.[1]
A.
The organization meeting of the Board shall be held
in the Township Building or in such other public place within the
township as the Board may designate at 7:30 p.m. local time on the
first Monday of January of each year. If the first Monday is a legal
holiday, the meeting shall be held the first following day which is
not a legal holiday, at the same time and place. At such meeting,
the Board shall elect by majority vote of its total membership one
(1) of its number as President and one (1) as Vice President who,
as long as they continue to be Commissioners, shall hold office until
their successors are elected or appointed. The Board, by majority
vote of its total membership, shall appoint a registered township
elector as Township Secretary to serve at the pleasure of the Board.
The Board, by majority vote of its total membership, shall establish
all such standing committees of members of the Board as are necessary
for the conduct of its business.
B.
If a majority of the number of Commissioners specified in § 2.01 fails to attend the organization meeting, those present may adjourn the meeting from day to day until such a majority attends. If a majority attends but is unable to organize, the Board may also adjourn the meeting from day to day until the organization is completed. The organization meeting may be considered as a regular monthly meeting for the transaction of such business as may come before it, but for the first order of business shall be the organization of the Board.
C.
Should the Board, for any reason, fail to elect a
President or Vice President by the 15th day of January of any year,
any court of competent jurisdiction of the Commonwealth of Pennsylvania
shall, upon petition of any Commissioner or any five (5) registered
electors of the township, designate a Commissioner to act as President
or Vice President until the Board elects a President or Vice President.
The President or, in the President's absence,
the Vice President shall preside at all meetings of the Board, sign
documents as designated officer of the Board, appoint committees of
the Board, call special meetings of the Board and perform such other
duties as are specified in this Charter or which may be prescribed
by ordinance.
A.
Quorum. A majority of the members of the Board shall
constitute a quorum for all meetings. Voting by proxy or by any method
other than in person shall be prohibited. The Board shall take no
formal action except in the presence of a quorum. The action of a
majority of the Commissioners present shall be binding upon and constitute
formal action of the Board, provided that a quorum is present, except
as otherwise provided in this Charter. The phrase "majority of its
total membership," used elsewhere in this Charter, shall indicate
actions which must be taken by a majority of the total membership
then in office rather than by a majority of a quorum.
B.
Regular meetings. The Board shall meet at least once
each month in the Township Building or in such other public place
within the township as the Board may designate, at a date and time
which the Board shall specify. All regular meetings shall be open
to the public.
C.
Special meetings. A special meeting shall be held
upon the call of the President or at the request of any three (3)
members of the Board. Written notice shall be provided to each Commissioner
at least three (3) days in advance of the meeting date. Such notice
shall state the purpose(s) of the special meeting as well as the date,
place and time. In the case of a special meeting called for the purpose
of adopting an emergency resolution or enacting an emergency ordinance,
the requirement for advance written notice shall not be required.
Special meetings shall be held in the Township Building or other public
place within the township as the Board may designate. All special
meetings shall be open to the public. Action by the Board and discussion
by citizens present at special meetings shall be confined to those
agenda items set forth in the notice of the meeting.
D.
Executive sessions.
(1)
Executive or closed sessions of the Board shall be
held only in accordance with the provisions and purposes defined by
law and only when one (1) or more of the subjects which follow are
under consideration:
(a)
Matters of litigation to which the township
is a party.
(b)
Personnel matters concerning any individual
employee, prospective employee or appointee.
(c)
Acquisition or disposition of land by the township.
(d)
Developing strategy for labor negotiations or
other negotiations to which the township is a party.
(2)
An announcement shall be made at the next meeting
of the Board that an executive or closed session has been held, giving
the date, place and names of Commissioners attending and stating generally
the matters discussed.
F.
Meeting Notices and Agenda. The Board shall announce
a calendar of regular meetings for the ensuing year at the organization
meeting. Public notice of the calendar shall be given in accordance
with the public notice requirements of this Charter. Five days in
advance of the date of a special meeting, public notice of the date,
time, place, and subject of the special meeting shall be given as
provided in this Charter, except in the case of a special meeting
called for the purpose of adopting an emergency resolution or enacting
an emergency ordinance. An individual Commissioner has the authority
to add an item to the agenda for Board consideration. The President
of the Board shall cause an agenda to be prepared for each regular
meeting including such items proposed by individual Commissioners
and shall cause copies of the agenda and supporting documentation
or reports to be prominently posted on the Township's website as well
as to be made available to the public at the Township building at
least 5 days prior to the day of the meeting. Any reports and documents
submitted to and discussed by the Board shall be made available for
public distribution at the meeting without charge or at a reasonable
fee. Provision shall be made at regular meetings of the Board for
citizens to comment or raise questions on any subject.
[Amended 1-7-2013 by Ord. No. 2012-20[2]]
[2]
Editor’s Note: This ordinance was subject to referendum
and was approved by a majority of the qualified voters 5-21-2013.
G.
Board actions. No formal action shall be taken by
the Board except at a regular or special meeting, with an opportunity
provided for comments and questions by the public prior to the vote.
Formal actions by the Board shall be taken only by ordinance, resolution
or motion. Voting by each Commissioner on ordinances and resolutions
shall be recorded in the minutes. A majority vote of its total membership
shall be required for final adoption of all ordinances except as otherwise
provided in this Charter. Resolutions or motions may be adopted by
a majority vote of the members present except as otherwise specified
in this Charter.
H.
Administrative policy. It is the intent of this Charter
that the Board act as a body in relation to all township matters.
No Commissioner, acting individually, shall seek publicly or privately
to direct the acts of township officials and employees. However, nothing
contained herein shall prevent the Board from establishing committees
of its members to review the operation and administration of the departments,
obtaining information or reports from employees and township officials,
referring citizen complaints or inquiries to departments or assigning
individual Commissioners to liaison relationships with appointed boards,
commissions and authorities.
[Amended 1-7-2013 by Ord. No. 2012-20[1]]
Written minutes and records of all regular and
special meetings of the Board shall be maintained by the Township
Secretary and kept in the Township Building. All such minutes and
records shall be open for public inspection during normal office hours,
and shall be prominently posted on the Township's website. Upon request,
copies shall be made available to the public without charge or at
a reasonable cost.
[1]
Editor’s Note: This ordinance was subject to referendum
and was approved by a majority of the qualified voters 5-21-2013.
A.
The Board shall make full and complete disclosure
to Township residents of its actions as well as of Township administrative
operations and activities, both actual and planned. The Board shall
make provision for periodic written reports from the Township Manager;
Department Heads; and the Boards, Commissions, and Authorities appointed
by the Board; such written reports shall be prominently posted on
the Township's website. These reports shall be made available to the
public on request without charge or at a reasonable cost. Within 120
days after the end of the fiscal year the Board shall prepare and
make available to the public an annual written report of the results
of its operations during that year, accompanied by financial statements
as required by this Charter. Such report and financial statement shall
be prominently posted on the Township's website.
[Amended 1-7-2013 by Ord. No. 2012-20[1]]
[1]
Editor’s Note: This ordinance was subject to referendum
and was approved by a majority of the qualified voters 5-21-2013.
B.
A copy of each official report required by law to
be filed with other governmental agencies shall be kept in the Township
Building and be open for public inspection during normal office hours.
Copies of such documents shall be made available to township residents
or interested parties upon request. A reasonable fee may be established
by the Board for this service.
The Board may, by majority vote of its total
membership, make investigations into the affairs of the township and
the conduct of any township department, office, board, commission
or authority, and for this purpose, the Board may require township
officials and employees to testify under oath and produce records
concerning the subject matter of the investigation.
