Pittston City shall own, possess, and control rights to property
of every kind owned, possessed or controlled by Pittston City when
this Charter takes effect. It shall be subject to all debts, liabilities,
and duties prior to the Charter taking effect.
This Charter may be amended as provided by the Pennsylvania
Home Rule Charter and Optional Plans Law, Act 62 of 1972, as amended
from time to time, or as otherwise provided by law.
There shall be such authorities, boards, commissions and committees as shall be established from time to time by applicable state law or by action of the City Council and/or Mayor. Appointments shall be made as provided in Article
VII of this Charter. City Council shall have sole discretion of appointees to any authority, board, commission or committee unless a uniform state law applies and that shall prevail.
The City Council may establish departments, offices or agencies,
in addition to those created by this Charter and may prescribe the
functions of all departments, offices and agencies, except that no
function assigned by this Charter to a particular department, office
or agency may be discontinued or, unless this Charter specifically
so provides, assigned to any other.
The City Administrator shall direct and supervise all departments,
offices, agencies and employees unless otherwise expressly stated
differently in this Charter. The City Administrator may, with the
consent of the City Council, appoint an officer, who is subject to
the City Administrator's direction and supervision, to assist in the
supervision and direction of all departments, offices, agencies and
employees.
Any official, employee or agent who fails to comply knowingly
or unknowingly with any provision, clause, section, or article of
this Charter commits a summary offense and shall, upon conviction,
be sentenced to pay a fine not exceeding $100 plus costs of prosecution.
If the court determines that an official, employee or agent
willfully or with wanton disregard violated a provision, clause, section
or article of this Charter, the court shall award the prevailing party
reasonable attorney fees and costs of litigation or an appropriate
portion of the fees and costs that shall be the official's, employee's
or agent's personal responsibility to pay. If the court finds that
the legal challenge was of a frivolous nature or was brought with
no substantial justification, the court shall award the prevailing
party reasonable attorney fees and costs of litigation or an appropriate
portion of the fees and costs.
If any article, section, subsection, sentence, clause or phrase
in this Charter shall be held unconstitutional, invalid, or inapplicable
by any court of competent jurisdiction, such judgment shall not affect,
impair, or invalidate the remainder of this Charter.