[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989]
The powers, compensation, terms, election, eligibility, authority, prohibitions, and other matters concerning the elected Board of Supervisors are set forth in Article II of the Home Rule Charter for the Township of Ferguson.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989;
and as amended by Ord. 820, 12/8/2003]
Each Supervisor shall receive a salary as set by the Home Rule Charter Article II, § 2.06.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989]
To protect the Township Supervisors from personal liability
in the performance of their duties, indemnification and personal liability
insurance shall be provided by the Township. The amounts and limits
of said insurance will be determined in the annually approved insurance
contracts as outlined in Part 5, "Bonds and Insurance," of this Administrative
Code.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989]
2.
The Chair, at the stated hour for each meeting, shall call the meeting
to order. The Chair shall preserve order and decorum, decide all questions
of order and conduct the proceedings of the meetings in accordance
with parliamentary rules contained herein, unless otherwise provided
by statute.
3.
If the Chair is absent at the designated time for any meeting, the
Vice Chair shall call the meeting to order and preside.
4.
In the absence of the Chair and the Vice Chair, the Board of Supervisors
shall elect a Chair Pro Tem, who shall have all the powers of the
Chair.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989]
Regular meetings of the Board of Supervisors shall be held in the Ferguson Township Municipal Building, or at other such location as may be designated by the Board of Supervisors. The regular meetings, date, time and location shall be established at the annual organizational meeting of the Board of Supervisors. Adjourned and special meetings shall be called in compliance with Article II, § 2.13 of the Home Rule Charter.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989;
and as amended by Ord. 820, 12/8/2003]
The Township Manager shall prepare the agendas for all meetings
of the Board of Supervisors and distribute copies of such agendas,
with pertinent materials, to the Supervisors. The agenda will normally
follow the order prescribed by the Board of Supervisors by resolution
at the annual reorganization meeting.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989;
as amended by Ord. 820, 12/8/2003; and by Ord. 1030, 4/17/2017; Ord. No.
1043, 7/16/2018]
The Board of Supervisors shall provide reasonable opportunity
for Township residents to address the Board of Supervisors on matters
of general or special concern. This opportunity shall be afforded
the public either at the regular monthly Board of Supervisors meetings
or at another regular monthly meeting specially set for this purpose.
A citizen who wishes to be heard will address the Chair, state their
name and municipality of residence address for the record, and confine
comments to the question under debate. A member of the public may
be asked by the Chair, should the orderly procedure of the meeting
so require, to limit the time of their remarks. Further, the public
shall have the right to submit agenda items to the Board of Supervisors
for the next scheduled meeting. These agenda items are to be submitted
at least one week prior to the scheduled meeting. Accepted agenda
items are to be published as specified in § 2.13 of the Home
Rule Charter.
[Ord. 228, 4/27/1982, § 1; as amended by Ord. 239,
9/28/1982; by Ord. 258, 5/10/1983; and by Ord. 1030, 4/17/2017]
1.
The current edition of "Robert's Rules of Order - Newly Revised"
shall be the official rules of procedure for the Board of Supervisors,
with the exception that rules governing small boards shall be used
excluding the following:
A.
Motions need not be seconded.
B.
There is no limit to the number of times a member can speak to a
debatable question. Appeals, however, are debatable under the regular
rules; that is, each member (except the Chair) can speak only once
in debate on them, while the Chair may speak twice.
C.
Informal discussion of a subject is permitted while no motion is
pending.
2.
The Solicitor
shall be responsible for advising the Chair of the Board of Supervisors
on the application and interpretation of the rules of procedure.
3.
The roll call of Supervisors shall be called alphabetically, when
required by § 2.19 of the Home Rule Charter. A Supervisor
may request a roll call vote on any issue.
4.
A Supervisor who is present at a meeting shall not abstain from voting
unless he/she has disqualified himself/herself from voting by reason
of a conflict of interest, which is a direct personal or financial
interest. Whenever the performance of their official duties shall
require any official to deliberate and vote on any matter involving
their financial or personal interest, they shall publicly disclose
the nature and extent of such interest and disqualify themselves from
participating in the deliberation as well as from voting. A Supervisor
shall not, however, be prevented from voting for himself/herself for
any office or other position, unless that position would entitle that
Supervisor to compensation other than for actual expenses incurred
as authorized by the Board of Supervisors.
[Amended by Ord. No. 1041, 3/19/2019]
5.
No Supervisor shall address the Board of Supervisors until he/she
has been recognized by the Chair. He/she shall address himself/herself
thereupon to the Chair and confine his/her remarks to the question
under discussion.
6.
The Chair may, when he/she deems it necessary for the expeditious
handling of business, place a limit on the duration of time and number
of times a Supervisor or any member of the public may speak on a motion
or matter of business, upon the concurrence of the Board of Supervisors.
7.
Members of the public may address the Board of Supervisors according
to the direction and discretion of the Chair in accordance with § 2.20
of the Home Rule Charter. When a member of the public wishes to address
the Board of Supervisors, he/she shall be requested, upon recognition
by the Chair, to state his/her name and address.
8.
Any ruling by the Chair may be overruled by a majority vote of the
Board of Supervisors present and entitled to vote at a meeting.
9.
Any person making offensive, insulting, threatening, insolent, slanderous
or obscene remarks or who makes threats against any person or against
public order and security while in the meeting room may be removed
by a Township official or employee at the direction of the Chair.
[Amended by Ord. No. 1041, 3/19/2019]
10.
The voting procedure on appointments shall be as follows unless overruled
by a majority of the entire Board of Supervisors:
A.
The Secretary shall announce the position to be filled, the number
of openings and the terms of each.
B.
Any Supervisor may nominate one or more persons for consideration.
C.
After nominations have been closed, the Board shall vote by roll
call announced by the Secretary in alphabetical order.
D.
Each Supervisor may vote for one or more of the persons nominated
according to the number of positions to be filled.
E.
No Supervisor shall cast more than one vote for any individual nominated.
F.
If a majority of the entire Board of Supervisors has not voted for
a particular individual for any position, then the nomination process
shall start over again for that position.
11.
Any decision made at a Centre Region Council of Governments general
forum meeting, which commits the Township to the expenditure of funds
in a calendar year other than the current year, shall require prior
approval at a meeting of the Board of Supervisors.
[Ord. 228, 4/27/1982, § 3; as amended by Ord. 258,
5/10/1983, § 2; and by Ord. 374, 1/10/1989]
1.
To achieve maximum efficiency and to insure open communication lines
with all facets of community life, the Board of Supervisors shall
appoint committees from among its members as well as special committees:
A.
Ad hoc committees shall be formed for a specific purpose and situation
terminating upon completion of the assigned task.
B.
Standing committees shall be available for any legislative problems
relating to specific areas when desired and decided by a majority
vote of the entire Board of Supervisors.
C.
The operating rules set up by committees shall be approved by the
Board of Supervisors. Each committee shall be appointed by a majority
vote of the entire Board of Supervisors.
D.
Centre Region Council of Government Committees (COG). As a member
of the Centre Region Council of Governments, the committees of that
body shall be represented by members of the Board of Supervisors as
appointed by the Board of Supervisors at their annual organizational
meeting. In the absence of the appointed Supervisor, the Supervisors
may request another Supervisor or the Manager to attend the COG Committee
meeting with full voting privileges. All Supervisors shall serve on
at least one such committee.
[Ord. 758, 8/7/2000, § 1]
1.
Article II, § 2.09, of the Township of Ferguson Home Rule Charter provides that "[a] supervisor shall forfeit his/her office if he/she lacks at any time during his/her term of office, any qualifications for the office prescribed in this chapter, or by law or is convicted of a felony or a crime involving moral turpitude or fails to attend three consecutive regularly scheduled meetings in a one-year period without being excused by the Board." In order to implement said provision of the Home Rule Charter, the Board of Supervisors shall employ the following established procedures:
A.
Conviction of a Felony or Crime Involving Moral Turpitude.
(1)
A member of the Board of Supervisors that is convicted of a
felony or a crime of moral turpitude shall immediately forfeit his/her
office upon such conviction becoming final and unappealable. The forfeiture
shall be communicated to the Board of Supervisors in writing within
48 hours of such conviction becoming final and unappealable.
(2)
The Chair of the Board of Supervisors shall be responsible for
providing notice to the Board of Supervisors at the first public meeting
after the conviction of any member of the Board of Supervisors of
a felony or crime involving moral turpitude becomes final and unappealable.
In the event that the Chair is convicted of such a crime, it shall
be the responsibility of the Vice Chair to provide notice to the remaining
Board members in accordance with the procedure set forth above.
(3)
Should the convicted member fail to forfeit his/her office immediately,
and after notice to the Board of Supervisors at said public meeting,
the Board shall consider a motion to petition the Pennsylvania Attorney
General and/or the Centre County District Attorney to file a complaint
in quo warranto against the convicted Supervisor to declare his/her
office forfeited and vacant. The motion shall require a majority of
a quorum of the Board of Supervisors.
(4)
In the event that a member of the Board of Supervisors subject to § 1-610 Subsection 1A, contends that the conduct does not constitute an offense or offenses within the meaning of or involving "Conviction of a Felony or Crime Involving Moral Turpitude," a hearing before the other members of the Board of Supervisors may be demanded, in writing, directed to the Chair or Vice Chair, as the case may be, and a hearing shall be scheduled and held within 14 days of the demand for hearing.
[Added by Ord. 1030, 4/17/2017]
B.
Failure to Attend Three Consecutive Meetings.
(1)
The Chair of the Board of Supervisors shall be responsible for
providing notice to the Board of Supervisors of the failure of any
member of the Board of Supervisors to attend three consecutive regularly
scheduled meetings of the Board of Supervisors without being excused
by the Board. This notice shall be given by the Chair at the next
regularly scheduled Board meeting after the third unexcused absence
occurs. In the event that the Chair fails to attend three consecutive
regularly scheduled meetings of the Board of Supervisors, it shall
be the responsibility of the Vice Chair to provide notice to the remaining
Board members in accordance with the procedure set forth above.
(2)
Should the member fail to forfeit his/her office and, after
notice to the Board of Supervisors at a public meeting, the Board
may consider a motion to petition the Pennsylvania Attorney General
and/or the Centre County District Attorney to file a complaint in
quo warranto against the Supervisor to declare his/her office forfeited
and vacant. The motion shall require a majority of a quorum of the
Board of Supervisors.
(3)
In the event that a member of the Board of Supervisors subject to § 1-610, Subsection 1B, contends that the conduct does not constitute a violation of the above provision entitled "Failure to Attend Three Consecutive Meetings," a hearing before the other members of the Board of Supervisors may be demanded in writing directed to the Chair or Vice Chair, as the case may be, and a hearing shall be scheduled and held within 14 days following the demand for hearing.
[Added by Ord. 1030, 4/17/2017]
[Added by Ord. No. 1041, 3/19/2019]
As used in this Part, the following terms shall have the meanings
indicated:
Any interest which shall yield, directly or indirectly, a
monetary or other material benefit to the official or employee or
to any person employing or retaining the services of the official
or employee. Financial interest shall not include cases where the
official or employee is a party to or is associated with a party to
a transaction with the Township when such official or employee has
no possible influence in the transaction.
Any interest arising from blood or marriage relationships
or from close business associations, whether or not any financial
interest is involved.
