All powers of the Township, including those powers now in existence
or hereafter conferred on the Township by the Constitutions or the
laws of the United States of America and the Commonwealth of Pennsylvania,
shall be exclusively vested in and exercised by the Council subject
only to the provisions of this Charter.
Council shall be the legislative body charged with the responsibility
and duty to;
A.Â
Establish the policies, goals and objectives for the executive, administrative
and advisory functions;
B.Â
Make and adopt ordinances and resolutions consistent with the Constitutions
and laws of the United States of America and of the Commonwealth of
Pennsylvania and this Charter, and to prescribe fines and penalties
for the violation thereof.
The Township Council shall consist of five members. Each Council
member shall represent one voting district of the Township. If in
fact the voting boundaries are changed in accordance with the provisions
set forth by law, it is the intent of this Charter that the number
of districts remain at five and the number of Council Members remain
at five. Each of the five Council members shall be nominated and elected
by the registered electors of his district.
A Council member shall be a citizen of the United States of
America, a resident of the voting district which he represents throughout
his term of office and, at the time of his nomination, shall have
been a resident of the Township for not less than one year and shall
be a registered elector. Further, he shall not have been convicted
of a felony or embezzlement, bribery, perjury or any crime involving
moral turpitude. No Council member shall hold any other elected or
appointed public office within the Township. Prior to assuming the
position of Council member, a citizen shall affirm by oath that he
is qualified for the office and that he shall act in the best interest
of the Township.
Council members shall serve for four years, commencing at 8:00
p.m. on the first Monday of January following the year in which they
are elected. The terms of Council Members shall be staggered.
No Council member shall serve consecutively more than two full
terms, except that a Council member filling a vacancy may serve two
full terms following the unexpired term.
A.Â
Vacancies. The office of Council member shall become vacant upon
death, resignation, legal certification of incompetence, change of
residence from the voting district, or removal from office in any
manner authorized by law or by this Charter.
B.Â
Forfeiture of Office. A Council member shall forfeit his office if
he:
(1)Â
Is declared by any court of this Commonwealth to lack any qualifications
for the office as prescribed by law;
(2)Â
Is convicted in any court of record of a felony or embezzlement,
bribery, perjury or any crime involving moral turpitude;
(3)Â
Violates any express prohibition of this Charter.
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The following procedure shall be followed to determine whether
a forfeiture has occurred:
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(1)
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Council shall hold a public hearing to decide whether a petition
shall be filed in the Court of Common Pleas of Delaware County, Pennsylvania,
to determine whether the office of a Council member has been forfeited.
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(2)
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Notice of such public hearing with the purpose, date, time and
place specified shall be advertised once not less than ten (10) days
prior to the hearing. Council shall cause such notice to be sent by
certified mail to the named Council member not less than ten (10)
days prior to the hearing.
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(3)
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Within five (5) days following the public hearing, Council shall
determine, by resolution, whether the said petition shall be filed.
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C.Â
Filling of Vacancies:
(1)Â
The Council shall at its first regular or special public meeting
after the vacancy occurs, give notice that a vacancy exists and shall
advertise the same at least two times at least thirty (30) days prior
to the filling of said vacancy. Said notice shall specify that applications
from such persons desiring to fill said vacancy shall be considered.
Said notice shall also specify that applications for said vacancy
are to be filed no later than ten (10) days prior to the date that
said vacancy is to be filled. Further, said notice shall include qualifications
necessary to fill said vacancy as set forth in this Charter. Applications
shall be in writing and filed with the Township Secretary. To be eligible
for selection, an applicant for the vacancy must have made written
application and affirmed that he is qualified to fill said vacancy
within the meaning of this Charter.
The Council shall make an interim appointment to fill the vacancy
at a public meeting which will occur not less than thirty days from
the meeting at which the vacancy is announced. Following such notice,
the Council, by a majority vote of its remaining membership, shall
appoint a registered elector of the voting district in which the vacancy
exists to serve until a duly elected successor is sworn into office.
At the public meeting filling said vacancy, all applications to fill
a vacancy shall be made a part of the public record.
(2)Â
If the Council shall fail to fill a vacancy within sixty days
after public announcement has been made, the Court of Common Pleas
of Delaware County, upon petition of any individual Council member,
or upon petition of ten or more registered electors of the unrepresented
district shall make the interim appointment to fill the vacancy until
a duly elected successor is sworn into office.
(3)Â
Council members appointed by the Council may not continue to
serve unless they stand for election for the unexpired term for which
they were appointed. An appointee shall be required to stand for election
at the next November election which is held not less than ten months
after the date of his appointment.
(4)Â
In the event that sufficient vacancies exist so that the Council
lacks a quorum necessary to do business, the remaining member or members
of the Council shall make an appointment or appointments to fill sufficient
vacancies to constitute a quorum. Such appointees shall meet all of
the qualifications for a Council member as defined in this Charter.
Remaining vacancies shall be filled in accordance with the provisions
of this Charter.
(5)Â
In the event that all of the positions on the Council shall
become vacant, the Court of Common Pleas shall immediately, upon petition
of ten or more registered electors of each voting district make appointments
to fill the vacancies from each voting district within the Township.
Thereafter, vacancies shall be filled as otherwise provided herein.
Council members shall be entitled to receive a compensation
established by ordinance. The ordinance establishing the compensation
for said Council members may not become effective in less than one
year from the date of its passage.
Council members shall receive no other compensation either direct
or indirect, for the performance of their duties. They shall, however,
be entitled to actual, reasonable and necessary expenses incurred
in the performance of their duties as authorized by resolution.
The Township Council shall meet at 8.00 p.m. on the first Monday
of January of each year. The purpose of this meeting shall be to elect
one of their number as Chairman and one of their number as Vice Chairman.
If the first Monday is a legal holiday, the meeting shall be held
the first day following the holiday. The Chairman or, in the Chairman's
absence, the Vice Chairman, shall preside at Council meetings, shall
serve as the Township's Ceremonial Officer and shall be empowered
to sign such documents as may be prescribed by this Charter.
A.Â
Council shall meet regularly in public at least once every month
at the office of the Township or such other location as prescribed
and at such time as Council may prescribe by resolution. Special meetings
may be held on the call of the Chairman or a majority of Council members
with at least twenty-four hours notice to members of Council except
for emergency actions authorized by this Charter.
B.Â
Council shall conduct no business except in the presence of a quorum.
C.Â
Council shall, by ordinance, adopt rules of procedure for its meetings
which shall be designed so as to assure full and equal participation
in the deliberation of Council by all of its members.
D.Â
All meetings of Council must include, as part of the agenda, an element
of the meeting dedicated for interested citizens to address Council
on matters of general or specific concern. Interested citizens attending
special meetings shall limit their comments to the item or items of
specific concern.
E.Â
Official actions by Council shall be taken only at a public meeting
by the adoption of an ordinance, of a resolution or by motion. Voting,
except on procedural motions, shall be by roll call vote only and
a majority of the Council members present and entitled to vote shall
be required to make such vote binding upon Council. The adoption of
an ordinance by the Council shall require a majority vote of the prescribed
members of Council.
F.Â
Council shall act in all matters as a body, and it is contrary to
this Charter for any member of Council, by virtue of his office, to
circumvent established policies, procedures, administrative duties
or functions of Township employees.
Council shall make, protect and preserve written minutes and
records of its proceedings and voting which shall be entrusted to
the care of the Township. Such records shall be readily available
for public inspection during regular business hours at the office
of the Township.
