The legislative branch of the government of Nanticoke City shall
consist of an elective governing body which shall be known as the
"City Council."
The City Council shall be composed of five members elected at
large by the electors of the City.
Members of City Council shall be elected to serve staggered
terms of four years. At the first municipal election subsequent to
the adoption of this Charter in 2013, the offices of three current
members of City Council (two members of City Council and the Mayor)
are then expiring and shall be filled. Two City Council offices shall
be for four-year terms and the third City Council office shall be
a one-time two-year term that shall be a four-year term in subsequent
years. In the second municipal election subsequent to the adoption
of this Charter in 2015, the offices of three members of City Council
are then expiring and shall be filled. Thereafter, at each municipal
election, two and then three members of City Council shall be elected,
as the case may be. Their terms of office shall begin on the first
Monday in January next following their election. If the first Monday
is a legal holiday, the term of office shall begin the next day following
the holiday.
[Amended 7-21-2021 by Ord. No. 4-2021[1]]
All members of City Council shall be electors of the City, at
least the age of 18, and shall have been residents continuously in
the City for at least one year immediately preceding their election
and must maintain all qualifications through the duration of their
term.
[1]
Editor's Note: This ordinance was approved by referendum 11-2-2021.
The City Council shall have, but not by way of limitation, the
following powers and duties:
A.
To adopt, amend, and/or repeal motions, resolutions, ordinances and
other materials of legislative intent.
B.
To approve debt.
C.
To approve contracts outside of normal day-to-day administrative,
operational contracts.
D.
To adopt the budget.
E.
Review and approve monthly financial reports and the payment of bills
as submitted by the Mayor.
F.
To make, or cause to be made, such studies, audits and investigations
as it deems to be in the best interest of the City.
G.
To have subpoena power to compel records and testimony of City officials,
employees and representatives.
Initial annual base salary compensation for a member of City
Council shall be $2,000. Members of City Council shall be also paid
an additional $50 per meeting in physical attendance. Total annual
compensation shall not exceed $3,400. Any change in compensation of
City Council shall only become effective for any member of City Council
following the expiration of the term of their current seat. Members
of City Council shall receive no other City compensation, direct or
indirect; they shall receive no reimbursements for expenses unless
previously approved by City Council and the Mayor at a public meeting;
and they shall receive no pensions, personal or family insurances,
unless otherwise required by law, nor other forms of fringe benefits.
City Council shall have the power to fix the salary and meeting compensation
of its members by ordinance.
No member of City Council, during his/her City Council term,
shall hold any other elected public office or employment with the
City, whether paid or unpaid.
The office of member of City Council shall become vacant through
death, resignation, recall (if permitted by Constitutional amendment),
or forfeiture. Forfeiture occurs when a member of City Council lacks
the qualifications of the office as defined by the Charter or violates
an express prohibition of the Charter.
A.
The City Council shall, by an affirmative vote of three members of
City Council, fill any vacancy in the office of member of City Council.
Should the City Council fail to reach three affirmative votes, the
Mayor shall be granted the authority to cast the third affirmative
vote. Should this process fail, for any reason whatsoever, to fill
a vacancy within 30 days after the vacancy occurs, then the Court
of Common Pleas shall fill the vacancy.
B.
Any person filling a City Council vacancy shall be an elector that
meets all of the Charter's qualifications for City Council membership
regardless of political affiliation.
C.
The person appointed to fill a vacancy shall take office immediately
upon appointment and shall fill the term only until the next municipal
election, at which time the unexpired term, if applicable, shall be
filled by the electors of the City.
Members of City Council may not serve more than three elected,
consecutive City Council terms.
A.
The City Council shall meet to organize on the first Monday of January
of each even-numbered year. If the first Monday is a legal holiday,
the City Council shall meet to organize the next day following the
holiday.
B.
The City Council at this organization meeting shall elect from its
membership a President and a Vice President. The President or, in
his/her absence, the Vice President shall preside at all meetings
of City Council. Whenever any action by the City Council shall result
in a specific written contract or agreement or requirement for a signature
from City Council, the President or, in his/her absence, the Vice
President shall be authorized to and shall affix his/her signature.
[Amended 7-21-2021 by Ord. No. 4-2021[1]]
The City Council shall convene a regular business meeting at
least once a month and shall convene a regular work session at least
once a month. All regular meetings must occur at or after 6:00 p.m.
A meeting can only be held if at least three members of City Council
are in attendance, as defined by Pennsylvania law, which shall constitute
a quorum. Special meetings of City Council may be held if they are
publicly advertised in the legal section of a newspaper, on the City's
website and posted in the municipal building at least seven days in
advance.
[1]
Editor's Note: This ordinance was approved by referendum 11-2-2021.
A.
Notice of legislation considered for adoption as an ordinance must
be advertised in the legal section of a newspaper of general circulation
within the City, on the City's website and posted within the Municipal
Building in a conspicuous location at least seven calendar days prior
to consideration of adoption. The City Clerk shall be responsible
for the legal notice to be published. Full text of the ordinance shall
be available at the office of the City Clerk and posted on the City's
website.
B.
Ordinances and other legislation shall require three affirmative
votes of City Council to be considered passed and adopted.
C.
The power to approve or veto an ordinance is subject to the provisions
of this Charter. If the Mayor deems it to be in the public's or City's
best interest to veto an ordinance, the Mayor shall have 10 calendar
days after City Council adoption to exercise a veto or it shall be
deemed approved.
D.
In the event the Mayor vetoes an ordinance or legislation, the City
Council may override the veto with at least four affirmative votes.
E.
Legislation shall take effect 30 days after enactment, unless qualified
as an emergency pursuant to the emergency section of this Charter.
Upon written declaration by the Mayor that an emergency exists within the City, City Council may, without regard to any other provisions contained in § 2.13, adopt a related ordinance upon the affirmative and majority vote of at least three members of City Council who shall be physically present at a meeting of City Council. The ordinance shall become effective immediately upon its adoption and shall cease to be effective upon the Mayor's declaration the emergency has ceased or on the 30th day following its adoption, whichever shall occur first.
All ordinances and resolutions of the City shall be entered,
as approved, in the record books of the City. The record books shall
be open and available to the public for inspection during posted business
hours. The books shall be in the custody and control of the City Clerk
and City Manager. All entries shall be made by the City Clerk. All
ordinances and resolutions having legislative effect shall be codified.
Codification shall be maintained on a regular basis and updated annually.
City Council shall provide reasonable opportunity for interested
residents, taxpayers and interested parties to address the City Council
and Mayor at all meetings.
