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.