The provisions of this article shall relate to the transition
from the City of Pittston's existing form of government (Third Class
City) to the form of government provided in this Charter. The provisions
of this article shall constitute temporary exceptions thereto.
This Charter shall be submitted to a vote of the electors of
Pittston City at the general election to be held on the sixth day
of November 2012. The affirmative vote of a majority of those voting
on the proposed Charter shall be sufficient for its adoption.
This Charter shall, upon approval by referendum in the manner
provided by law, become effective as of January 2, 2013.
All ordinances, resolutions, rules and regulations, which are
in force at the time this Charter becomes effective and are not inconsistent
with the provisions of this Charter shall continue in force until
amended or repealed. Unless forbidden by the Constitution of the Commonwealth
of Pennsylvania or an Act of the General Assembly of Pennsylvania,
all laws relating to or affecting this City or any of its divisions,
agencies, offices, departments, or employees, which are in force when
this Charter becomes effective, are superseded to the extent that
they are inconsistent or interfere with the effective operation of
this Charter or of ordinances or resolutions adopted pursuant thereto.
All City departments, units, offices, agencies, authorities,
boards, commissions and committees shall continue to exercise the
powers conferred upon them, unless modified by the provisions of this
Charter or by action taken hereunder.
All elected officials in office at the time this Charter becomes
effective shall remain in office for the full term to which they were
elected and they shall assume the duties, powers and responsibilities
of their respective offices as set forth in this Charter.
Upon approval of this Charter by the voters of Pittston City,
a Transition Committee shall be formed to help ensure that necessary
and desirable transitional activities are successfully completed to
the ends that this Charter shall become fully operational on its effective
date resulting in a smooth, orderly, and seamless transition from
the City's existing form of government to the form provided under
this Charter.
The Transition Committee shall be comprised of the seven members
of the Government Study Commission, one of whom shall be designated
as the Chair of the Committee.
Any vacancy on the Transition Committee shall be filled by a
majority vote of the remaining members of the Transition Committee.
Any person filling a Transition Committee vacancy shall be an elector
of the City of Pittston.
The Transition Committee shall have the following powers and
duties:
A.
Shall be responsible for drafting the Administrative Code, Code of
Ethics, conflict of interest, personnel policy, procurement policy,
competitive bidding process and any other policy, rule, regulation
and procedure that is necessary or desirable to advance the efficient
transition of the administration of the City under the Charter.
B.
Shall engage in other activities it deems appropriate for ensuring
transitional activities are successfully completed.
C.
Shall complete all tasks and responsibilities by December 31, 2013,
and the Transition Committee shall be dissolved on said date.
D.
Members of the Transition Committee shall serve in their capacity
without compensation.
A.
Nothing in this Charter, except as otherwise specifically provided,
shall affect or impair the rights or privileges of persons who are
City elected officials or employed by the City under the terms of
a collective bargaining agreement at the time this Charter is adopted;
and nothing shall diminish the rights or privileges of any former
employee or any present employee relative to their pension or retirement
benefits.
B.
Employees holding a municipal position on the effective date as well
as the adoptive date of this Charter shall not be subject to competitive
tests as a condition for continuance in the same position, but in
all other respects such employees shall be subject to the personnel
policy and other sections provided for in this Charter.
C.
The City Manager/Clerk holding that position on the effective and
adoptive date of this Charter shall become the City Administrator
with the full duties, responsibilities and powers as outlined in this
Charter.
D.
Members of authorities, boards, commissions or committees in office
at the time this Charter takes effect shall remain in office for as
long as their respective terms of appointment shall continue, unless
and until an authority, board, commission or committee shall be abolished,
combined with another, or reconstituted, pursuant to this Charter,
in which the case the members thereof shall vacate their respective
offices upon written notice.
Subject to provisions of this Charter and until the effective
date of the Administrative Code, the City Administrator with consent
of the City Council shall have the authority to provide for the issuance
of written directives for the administration of the City government
in such a manner as the City Administrator and City Council shall
deem necessary for the most efficient operation of the City. All directives
shall be copied to the Transition Committee upon issuance.
Subject to provisions of this Charter and until the effective date of the personnel policy required by Article XIII of this Charter, the City Administrator shall have the authority to establish by written directive a personnel policy for City employees with regard to the hiring, discharging, disciplining and promotion of such employees. All personnel actions shall be made on the basis of merit and in accordance with the provisions of said personnel policy established by written directive. A copy of the directive shall be copied to the Transition Committee and the City Council upon issuance.
A.
The 110% revenue cap instituted in § C11.06A shall not be effective for the 2013 budget and shall be applied initially for the 2014 budget.
B.
City Council shall have all taxing authority under this Charter and
the Pennsylvania Home Rule Charter and Optional Plans Law, Act 62
of 1972, effective immediately upon adoption of the Charter for the
preparation and adoption of the 2013 budget. Any tax rate changes
made under this authority shall not be effective prior to January
2, 2013. City Council shall further have the ability to amend the
2013 budget until March 1, 2013.
