The legislative branch of the government of
Bradford Woods Borough shall consist of an elective governing body
which shall be known as the "Borough Council." The Council, when lawfully
convened, shall constitute the legislative, appropriating, policy-determining
and governing body of the Borough.
All authority of the Borough shall be asserted
by the Council. No individual member of Council shall have any authority
whatsoever under this Charter unless such authority is specifically
delegated by this Charter or by the Council as a body.
A.
To prepare and adopt the budget for the Borough.
B.
To make appropriations and incur indebtedness.
C.
To levy taxes.
D.
To adopt, amend and repeal an administrative code.
E.
To create, alter, abolish, and combine municipal departments,
bureaus, boards and commissions not headed by an elected official.
F.
To fix the amount of bonds of officers and employees
paid from municipal funds.
G.
To adopt by resolution all necessary rules and regulations
for its conduct and procedure.
H.
To make or cause to be made such studies or post audits
and investigations as it deems to be in the best interest of the Borough.
I.
To appoint a Borough Treasurer.
J.
To appoint a Borough Secretary.
K.
To appoint, suspend or remove all Borough employees,
except as otherwise provided by this Charter.
L.
To sign or cause to be signed on the Borough's behalf
all deeds, contracts and other instruments.
M.
To appoint and remove the Borough Solicitor.
N.
To appoint all members of authorities and commissions pursuant to Article VI, § C-34, of this Charter.
O.
Council, of its prerogative, may appoint the same
person as Treasurer and Secretary.
P.
To make provision for any matter of Borough government
not otherwise provided for.
The Council shall be composed of seven members
elected at large by the qualified voters of the Borough.
The terms of all members of Council shall be
four years, commencing on the first Monday following the year in which
they are elected, except that a member of Council appointed to fill
a vacancy shall serve only for the balance of the unexpired term.
Elections for all members of Council shall be held on municipal election
day. Members of Council shall be elected to serve staggered four-year
terms on a four-to-three basis.
No member of Council, during his or her Council
term, shall hold any other municipal office or municipal employment
in which he or she receives salary, compensation or emolument. In
addition, no member of Council may serve as a paid consultant with
the Borough for a period of at least one year following the expiration
of his or her term.
The Council shall organize on the first Monday
of January of each year, if not a legal holiday, and, if a legal holiday,
then on the following day. The Council at this organization meeting
shall elect from its membership a President and Vice President. The
President, or in his or her absence the Vice President, shall preside
at all meetings of the Council. The President and Vice President shall
on all questions before the Council have and may exercise the vote
to which each is entitled as a Council member. In the event that both
the President and Vice President are both absent, the Mayor shall
preside at meetings of Council although the Mayor shall have no vote
except as otherwise provided in this Charter.
There shall be a Borough Secretary appointed
by the Council, who shall keep minutes of its meetings, keep its records,
and shall perform other duties and functions established by the Council.
The Council may appoint any officers who shall perform duties and
functions established by the Council not inconsistent with other provisions
of this Charter.
The Council shall convene in regular meetings
not less than once per month at such times and places as the Council
may prescribe, except as otherwise provided in this Charter. All regular
and special meetings of the Council shall be open to the public. Reasonable
public notice of all regular and special meetings shall be given as
required by law.
A majority of the members of Council shall constitute
a quorum. The Council shall conduct no business except in the presence
of a quorum.
The action of a majority of the Council members
present and entitled to vote shall be binding upon and constitute
the action of the Council, except as otherwise provided in this Charter.
All actions of the Council shall be taken by
the adoption of an ordinance, resolution or motion. All legislation
shall be enacted by the adoption of an ordinance. All ordinances and
resolutions must be in written form and enacted only after reasonable
notice, except as otherwise provided in this Charter. The vote upon
every motion, resolution or ordinance shall be taken by roll call
and the vote of each member of Council shall be entered upon the minutes
of such meeting.
After adoption, all ordinances shall be published
at least once in one newspaper circulating generally within the municipality
and, except as otherwise provided in this Charter, every ordinance
shall become effective 30 days after enactment. The date of enactment
of an ordinance, or a resolution of a legislative character, shall
be the date when the Mayor shall approve it or the date of passage
by Council over veto of the Mayor or, in the case of any ordinance,
or resolution of a legislative character, neither approved or vetoed
by the Mayor, then on the date which is 15 days after the original
approval by Council.
The Council shall provide the procedures for
the adoption of ordinances and resolutions not inconsistent with this
Charter.
A.
Upon the passage of any ordinance or resolution by
the Council, except as otherwise provided in this Charter, the Mayor
shall within three days receive a written copy of the ordinance or
resolution for his or her approval or veto. Within 14 days after such
passage, the Mayor shall return the ordinance or resolution to the
Council with his or her approval or with a written statement explaining
the reasons for his or her veto. If, within 14 days after the passage
of an ordinance or resolution, the Mayor fails to return it either
approved or vetoed, it shall be deemed to be adopted as though approved
and signed by the Mayor.
B.
The Council within 30 days after receiving notice
of the Mayor's veto may override such veto by a 2/3 vote of the
total number of Council.
The Council shall provide reasonable opportunity
for interested citizens and taxpayers to address Council on matters
of general or special concern. Within 20 days after publication, upon
petition of 20% of the registered voters of the Borough, any ordinance,
or resolution of a legislative character, shall be suspended and the
said resolution or ordinance shall be put to a vote of the electorate
on the next municipal election. Placement of the question on the ballot
shall be governed by the rules of the Election Board of Allegheny
County, or its successor agency. The question shall be formulated
by Council.
All ordinances and resolutions of the municipality
shall be entered, as approved, in the record books of the Borough.
The record books shall be open and available for public inspection
during normal business hours on reasonable notice. These books shall
be in the custody and control of the Borough Secretary and all entries
made therein shall be at his or her direction.
In the conduct of inquiries and investigations,
Council shall have authority to compel the attendance of witnesses
and the production of books, papers or other evidence at any meeting
of Council or of any committee thereof, and for that purpose may issue
subpoenas, signed by the Mayor or the Chair of the committee or President
of Council, as the case may be, and may cause the same to be served
in any part of the Commonwealth of Pennsylvania. The Mayor or committee
Chair or President of Council, as the case may be, shall have the
power to administer oaths to witnesses.
Any person holding an elected office of the
Borough, whether by election, succession, or appointment to fill a
vacancy, shall be subject to removal from office at a recall election.
A.
The recall of an incumbent of an elected office shall
be initiated upon a petition of 20% of the registered voters.
B.
The recall question shall be placed on the ballot
on the next municipal election day.
C.
Placement of the question on the ballot shall be governed
by the rules of the Election Board of Allegheny County, or its successor
agency.
D.
No recall petition shall be filed against any incumbent
of an elective office within the first year or the last nine months
of the term of his or her office.
