Township of Peters, PA Article II Council Organization and Procedure

§ 5-3 Members.

The number of Councilpersons, their terms, election and qualifications and the filling of Council vacancies shall be as provided in the Charter.[1]

[1] Editor's Note: See also Charter, Art. II.

§ 5-4 Organization meeting; presiding officer of Council.

A. The day, time and place of the organization meeting of the Council shall be as provided in the Charter.[1]

[1] Editor's Note: See also Charter, § C-2.10.

B. The first order of business shall be the election of a Chairman and a Vice Chairman of the Council and such other officers required by the Charter or as the Council may deem appropriate. Until such election is accomplished, the current Chairman shall preside.

C. In the absence of the Chairman, the Vice Chairman shall exercise the duties of the Chairman. In the absence of both the Chairman and the Vice Chairman, the Council shall appoint a Chairman pro tem who shall have all the powers of the Chairman.

§ 5-5 Meetings.

A. Public notice. Provisions governing public notice of meetings shall be as provided by law and the Charter.[1]

[1] Editor's Note: See also Charter, Art. II.

B. Regular meetings. It shall be the duty of the Council to meet stately at least twice a month, at 8:00 a.m. on the first and third Mondays of each month at the Municipal Building, or at such other time and place as the Council may from time to time designate. The Council may adjourn to a stated time for general business or for special business. If no quorum is present at a stated monthly or adjourned meeting, a majority of those who do meet may agree upon another date.

C. Special meetings. Special meetings may be called by the Chairman of the Council or upon the written request of at least four of the members of the Council. A written notice shall be mailed or delivered to each Council member at least 24 hours before a special meeting is held. Such notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeting by the Council. Presence at the meeting constitutes waiver of notice.

D. Emergency meetings. The Council may convene emergency meetings to pass and enact ordinances of an emergency nature as provided by § C-2.18 of the Home Rule Charter in a manner consistent with the procedures outlined in that section.

E. Executive sessions. The Council may hold executive sessions as permitted by law. No official act shall be taken by the Council on any matter in executive sessions. Such executive sessions shall be conducted in conformity with Pennsylvania's Sunshine Act, 65 Pa.C.S.A. § 701 et seq. (October 15, 1998, P.L. 729, No. 93).[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 5-6 Agenda.

A. An emergency item may be added to the agenda upon a majority vote, if such item concerns the public health and safety.

B. The proposed agenda for any regular meeting shall be forwarded to all members of Council and be available to the public at least three days prior to the regular semimonthly meeting. In addition, the agenda for regular semimonthly meetings, adjourned monthly meetings, special meetings, and where possible, emergency meetings, shall be posted on the bulletin board in the municipal building, the Post Office in Venetia and in other places in the municipality of frequent public use.

C. The Council shall provide reasonable opportunity for interested citizens to address the Council on matters of general or special concern. This opportunity may be afforded the public either at the regular meetings of Council or at meetings held specially for this purpose.

§ 5-7 Conduct of business.

A. At the time appointed for any meeting of the Council, the Chairman shall take the chair and call the meeting to order. If a quorum is present, as provided in the Charter,[1] the Chairman shall proceed with the order of business prescribed for the meeting. If, upon the call of the roll, a quorum is not present, the Chairman shall order a recess for a period of 30 minutes, and if a quorum has not developed by that time, the Chairman shall declare the meeting adjourned.

[1] Editor's Note: See also Charter, § C-2.10.

B. Unless a majority of the Council votes otherwise, the order of business for each regular meeting shall be as follows:

(1) Roll call;

(2) Approval of the Minutes of the previous meeting;

(3) Reports of the Township Manager, committees, or special advisory groups;

(4) Unfinished business;

(5) New business;

(6) Audience comments may be called for at the discretion of the Chairman; and

(7) Adjournment.

§ 5-8 Rules of procedure.

A. The presiding officer shall be responsible for the orderly conduct of business at each Council meeting and shall preserve order and decorum at such meetings.

B. The Council at its organization meeting shall adopt rules governing its procedures.

C. The presiding officer shall announce all decisions of the Council and shall decide all questions of order without debate; subject, however, to an appeal by any Council member. Any ruling by the presiding officer may be overruled by a majority of the members present.

D. Every member of the Council desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine remarks to the question under debate. A member of the Council, once recognized, shall not be interrupted when speaking unless it is for the purpose of calling such person to order. If a member of the Council, while speaking, is called to order, that person shall cease speaking until the question of order is determined. When two or more members request the floor at the same time, the presiding officer shall name the one entitled to the floor.

E. The roll of members shall be called on a random rotating basis so that no member of Council will have an advantage in voting.

F. No member of the Council shall speak more than five minutes upon the same motion in the same meeting, nor for more than 10 minutes at a time, without the consent of the presiding officer.

§ 5-9 Public participation.

A. Citizens desiring to place an item on the agenda of a regular semimonthly meeting of Council may do so by providing written notice thereof to the Manager at least five days prior to the day of the meeting.

B. A citizen shall be provided a reasonable opportunity to address the Council on any agenda item, consistent with the provisions of § C-2.10 of the Charter, without written notice, and subject to the discretion of the Chairman. The Chairman shall limit the time each person shall speak, giving equal time to all. Such discussion shall occur prior to the vote on the agenda item.

C. When a group of persons wishes to address the Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesperson or spokespersons be chosen by the group to address the Council and to limit the number of persons addressing the Council on the same matter so as to avoid unnecessary repetition.

D. Any person making offensive, insulting, threatening, insolent, slanderous or obscene remarks or who becomes boisterous or who makes threats against any person or against public order and security while in the Council chamber shall be forthwith barred by the presiding officer from further audience at the meeting unless permission to continue be granted by the majority vote of the Council members present.

§ 5-10 Committees of Council.

The Council may, at any time, provide for standing and ad hoc committees to assist with the carrying out of its function. Each committee so designated by the Council shall elect its officers and provide for rules governing its procedure. Any such committee appointed by the Council shall, thereafter, report to the Council at a regular meeting when requested by Council.

§ 5-11 Official actions of Council.

Official actions of the Council shall be taken by ordinance, resolution, or motion, as provided in the Charter.

§ 5-12 Ordinances.

Ordinances shall be enacted pursuant to § C-2.11 of the Home Rule Charter.

A. Ordinance form and procedure.

(1) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be "The Municipality of Peters Township, Washington County, Pennsylvania ordains. . ." Any ordinance which repeals or amends an existing ordinance shall set out in full the ordinance, sections or subsections to be repealed or amended, and shall indicate matter to be omitted by enclosing it in brackets or by strike-out type and shall indicate new matter by underscoring or by italics.

(2) An ordinance may be introduced by any member of Council at any stated semimonthly or special meeting of the Council. Upon introduction of any ordinance, a copy shall be distributed to each Council member and to the Township Manager, and a reasonable number of copies shall be filed in such other public places as the Council may designate.

B. Ordinance requiring prior public notice and hearing. No final action shall be taken on the following types of ordinances and amendments thereto without public hearing thereon and at least 10 days' published public notice, or such longer notice as may be required by applicable state law:

(1) Zoning Ordinance[1] and amendments thereto;

[1] Editor's Note: See Ch. 440, Zoning.

(2) Adoption of the Zoning Map and amendments thereto;

(3) Subdivision regulations;

(4) Land development and land use regulations;

(5) New taxes, service charges and permit fees, or increases in the rate of these revenue sources; and

(6) Adoption or amendment of the budget.

C. Copies of ordinances. Copies of ordinances shall be available to all persons requesting them upon payment of a reasonable charge.

D. Emergency ordinances. To meet a public emergency affecting life, health, property, or the public peace, the Council may adopt, pursuant to § C-2.18 of the Charter, one or more emergency ordinances, which may be adopted without prior notice and may be made effective immediately. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. After its adoption, the ordinance shall be published and printed as prescribed for other ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed as of the 61st day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this subsection if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this subsection for adoption of emergency ordinance.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

E. Codes of technical regulations. The Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally except that:

(1) The requirements of this section for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations as well as the adopting ordinance; and

(2) A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be authenticated and recorded.

§ 5-13 Independent audit.

A. The Council shall provide for an independent post-audit as provided for in the Charter.[1] The Council may designate such accountant or firm annually or for a period not exceeding three years, provided that the designation for any particular fiscal year shall be made no longer than 30 days after the beginning of such fiscal year.

[1] Editor's Note: See also Charter, § C-5.11.

B. The Council shall, within 30 days after completion of the audit, publish a statement setting forth the Municipality's financial condition and the date the independent auditor's report was filed with the Council.

§ 5-14 Compensation and expenses.

A. Provisions as to salary and expense reimbursement shall be as provided in the Charter.[1] Members of the Council shall receive no other compensation, direct or indirect, for the performance of their duties. However, nothing in this section shall preclude the right of the Municipality to provide accident or liability insurance, errors and omissions coverage and such other fringe benefits as may be appropriate for members of the Council when on municipal business, or when in the performance of their official duties, limited to the duration of their term.

[1] Editor's Note: See also Charter, Art. II, and Ch. 60, Salaries and compensation, Art. I, Council.

B. Members of the Council shall be entitled to reimbursement for actual expenses incurred, provided that the expenditure:

(1) Is related to the performance of official duties;

(2) Was authorized in advance by the Council at a public meeting; and

(3) Is included in an itemized list presented prior to payment.

§ 5-15 Council staff.

The appointment, supervision, tenure and duties of Township Manager shall be as provided in the Charter.[1] Under special circumstances, to be determined by resolution, the Council may employ the services of legal counsel and such other staff as it deems appropriate.

[1] Editor's Note: See also Charter, Art. III.