Borough of West Chester, PA
Chester County
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Table of Contents
Table of Contents
The Mayor, in addition to any other powers and duties provided in this Charter, shall be recognized as head of the Borough government for all ceremonial purposes and shall:
A. 
Select and submit to Council for approval the Chief of Police and supervise the administration of the Police Department and its employees, subject to the provisions of the Administrative Code.
B. 
Select and submit to Council for approval candidates for police officer and candidates for promotions, subject to the provisions of the Administrative Code.
C. 
Have the power to preserve order in the Borough, and enforce all resolutions and ordinances that do not delegate enforcement authority to other individual(s) in which case enforcement be secured through said individual(s).
D. 
Prepare and submit to Council through the Borough Manager for inclusion in the annual Borough budget, the Police Department operating budget and capital program for the ensuing year.
E. 
Report monthly to the Borough Council on matters related to the activities of the Police Department.
F. 
Attend meetings of the Council with an equal right to participate in its deliberations, subject to any restrictions applicable to Members of Council contained in the Council procedures, rules and regulations. The Mayor shall have no right to vote except to break a tie vote of Council or to vote in or veto matters as otherwise specifically authorized by this Charter.
(1) 
In all cases where, by reason of a tie or split vote, the Council shall be unable to enact or pass any ordinance, resolution, or motion, or to declare or fill any vacancy in its membership, or in any other Borough office, or to take any action on any matter lawfully brought before it, the Mayor, if in attendance at the meeting, may at his or her option cast the deciding vote, or request that the matter be tabled until the next regular or special meeting of Council held within not less than five (5) days, at which time the matter shall be reconsidered by Council and, if a tie or split vote still exists, it shall be the duty of the Mayor at that time to cast the deciding vote.
(2) 
If such a tie or split vote shall occur at any meeting when the Mayor is not in attendance, the matter shall be tabled to the next regular or special meeting held within not less than five (5) days, for which the Mayor shall be given at least five (5) days' notice of such meeting, at which meeting it shall be the duty of the Mayor to cast the tie-breaking vote.
G. 
Have power to administer oaths and affirmations in matters pertaining to Borough affairs.
H. 
Have necessary and incidental powers to perform and exercise any of the duties and functions as set forth in this Charter or lawfully delegated to the Mayor.
I. 
Until appropriate action can be taken by Council, to declare a state of emergency, when a serious threat to life, health, or safety of the citizens of the Borough shall occur within the Borough, and to take appropriate actions in such circumstances. Any person violating such proclamation of emergency shall be guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine not to exceed three hundred dollars ($300) and costs, or to undergo imprisonment not to exceed thirty (30) days.
A. 
The term of the Mayor shall be four (4) years, commencing on the first Monday in January following the calendar year in which he or she was elected, except that a Mayor appointed to fill a vacancy shall serve only until the first regularly scheduled meeting of the Council at which an elected successor assumes office.
B. 
The Mayor shall be nominated and elected every four (4) years, so that he or she shall be elected in 1997 and every four years thereafter.
C. 
Any vacancy shall be filled by a qualified resident of the Borough.
No Mayor shall consecutively serve more than two (2) complete four-year terms and the balance of an unexpired term. Thereafter, no such person shall be elected or appointed to serve as Mayor for at least two (2) years.
The Mayor shall be a qualified voter of the Borough and shall have been a resident continuously in the Borough for at least one (1) year preceding his or her election or appointment, and shall remain a continuous resident of the Borough during his or her term of office.
A. 
The Mayor may receive compensation to be fixed by ordinance, which shall be enacted prior to the fifteenth day of February of any year in which the Mayor is normally elected, as prescribed in Section 402(B). Such compensation shall not exceed the maximum established by Section 1025 of the Borough Code. No ordinance shall change the salary of the Mayor after his or her election or appointment.
B. 
The Mayor shall receive no other compensation from the Borough, direct or indirect. He or she may, however, receive reimbursement of expenses actually incurred in the performance of his or her duties. The Administrative Code shall prescribe the procedure for the authorization and approval of such expenses.
The same prohibitions set forth in Section 208 relating to Members of Council shall apply to the Mayor.
The office of Mayor shall become vacant upon his or her death, legal incompetency, resignation, forfeiture, or removal from office in any manner authorized by this Charter or General Law.
Whenever a vacancy exists in the office of Mayor, the vacancy shall be filled under the following procedures:
A. 
The Council, by a majority vote of its total membership, shall within thirty days from the time the office becomes vacant make an interim appointment of a qualified person per Section 404 to fill the vacancy.
B. 
Should the Council, for any reason, fail to fill a vacancy within thirty days after the vacancy occurs, the Court of Common Pleas, upon petition of any Member of Council or any five registered voters of the Borough, shall make an interim appointment of a qualified person per Section 404 to fill the vacancy.
C. 
The person appointed to fill a vacancy shall serve until the first regularly scheduled meeting of the Council at which an elected successor assumes the office following a municipal, general, or primary election at which the successor shall have been elected.
D. 
If there would remain at least four months of the unexpired term after the date of the next regularly scheduled primary, general, or municipal election which occurs at least ninety (90) days after the vacancy occurs, then at that election a qualified person shall be elected. A person elected to fill a vacancy shall assume office at the start of the first regularly scheduled meeting of the Council following certification of election, and shall serve for the remainder of the unexpired term.
A. 
The office of Mayor shall be forfeited, for cause, if the Mayor:
(1) 
Lacks any qualifications for the office prescribed by this Charter or by General Law;
(2) 
Violates any express prohibition of the Charter;
(3) 
Is convicted for any offense or violation described in Section 211(A)(3).
(4) 
Fails or neglects to perform the duties of Mayor.
B. 
The following procedure shall be followed to determine whether a forfeiture has occurred:
(1) 
Council shall hold a public hearing and decide thereat by resolution whether the office of Mayor has been forfeited for cause.
(2) 
Notice of such public hearing with the purpose, date, time and place thereof shall be advertised at least once in one (1) or more newspapers of general circulation in the Borough not more than thirty (30) days or less than ten (10) days prior to the hearing. Council shall cause such notice to be sent by registered mail to the Mayor not less than thirty (30) days prior to the hearing. The Mayor and other interested parties shall be given an opportunity to testify at such public hearing.
(3) 
Within ten (10) days following the completion of the hearing, Council shall, by the affirmative vote of a majority of the Members of Council, render its decision as to whether or not it has been demonstrated and proven that the office of Mayor has been forfeited for cause. Copies of the written decision shall be mailed within forty-eight (48) hours of the date of said decision, to the Mayor and to other interested parties who filed a written request therefor during the hearing. The decision of Council shall be subject to review by the Court of Common Pleas of Chester County, Pennsylvania, on appeal filed within thirty (30) days of the date of said decision by the Mayor or any interested party.