The legislative branch of the government of
the Municipality of Kingston shall consist of an elective governing
body which shall be known as the Municipal Council.
The Council shall be composed of seven (7) members
elected at large by the electors of the Municipality.
Councilmen shall be elected to serve staggered
terms of four (4) years each and until each of their successors qualifies.
At the first municipal election subsequent to the adoption of this
charter, the offices of the four (4) councilmen whose terms are then
expiring shall be filled. At the next municipal election, the offices
of the three (3) councilmen whose terms are then expiring shall be
filled. Thereafter, at each municipal election four (4) and then three
(3) councilmen shall be elected as the case may be. Their terms of
office shall begin on the first Monday in January next following their
election.
All councilmen shall be electors of the municipality
and shall have been residents continuously in the municipality for
at least one year immediately preceding their election and must remain
continuous residents during their terms of office.
Except as otherwise provided in this charter,
the Council shall have and exercise all legislative powers and duties
now or hereafter conferred or imposed on said Council, or not denied
to it, by applicable law. The Council shall have, but not by way of
limitation, the following powers and duties:
A. To make appropriations, incur indebtedness, approve
contracts, and adopt the budget;
B. To adopt, amend and repeal an administrative code,
not inconsistent with this charter, which may create, alter, combine
and abolish municipal departments, administrative units, authorities,
boards and commissions not headed by elected officers and not provided
for in this charter;
C. To levy taxes not otherwise prohibited by law;
D. To fix the amount of bonds of officers and employees
who are paid from municipal funds;
E. To adopt by resolution all necessary rules and regulations
for its conduct and procedure; and
F. 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 Municipality.
The Council shall have the power to fix the
compensation of its members, except that until 1978 each Councilman
shall receive a salary of $2400 per annum. No change in the compensation
of Council shall become effective for any councilman until the commencement
of his new term of office. Councilmen shall receive no other municipal
compensation, direct or indirect; and they shall receive no pensions
or other forms of fringe benefits.
No councilman, during his Council term, shall
hold any other elective office or employment in any municipal government
for which compensation is prescribed; nor shall be hold any elective
office under the government of the United States or the Commonwealth
of Pennsylvania or serve as a member of Congress or of the General
Assembly of Pennsylvania; nor shall be hold any office or employment
in any political party.
The office of councilman shall become vacant
through: a) death; b) resignation; c) recall; or d) forfeiture. Forfeiture
occurs when a councilman: 1) lacks the qualifications of the office
as defined by the charter; 2) violates an express prohibition of the
charter; 3) is convicted of a crime more serious than a summary offense
as defined by law; or 4) is absent and unexcused from four (4) consecutive
regular meetings of Council and the office is declared vacant by Council.
The Council shall organize on the first Monday
of January of each year. The Council at this organization meeting
shall elect from its membership a President and a Vice President.
The President, or in his absence the Vice President, shall preside
at all meetings of the Council.
The Council shall convene in regular meeting
not less than once a month. All meetings of the Council shall be open
to the public and reasonable and adequate public notice of all meetings
shall be given.
Upon written declaration by the Mayor that an emergency exists within the municipality, Council may, without regard to any other provisions contained in Article
II and Section 303 (D), adopt an ordinance upon the affirmative and majority vote of at least four (4) members of Council who shall be present at any meeting of the Council. The ordinance shall become effective immediately upon its adoption and shall cease to be effective on the thirty first (31st) day following its adoption.
The Council may make inquires and investigations
into the affairs of the municipality and the conduct of any municipal
department, office, agency, or authority. To facilitate the conduct
of such inquiries and investigations, Council shall have the authority,
by subpoena, to compel the production of evidence in the control,
custody and possession of the executive branch, and to administer
oaths, and to take testimony.
The Council shall provide reasonable opportunity
for interested citizens to address the Council at regular or special
meetings on matters of general or specific concern.