A.
Composition. There shall be a Council of seven members elected by
the qualified voters of Peters Township. Four Councilmen shall be
elected by district and three Councilmen shall be elected at large.
B.
Eligibility. Only qualified voters of the township shall be eligible
to hold the office of Councilman.
C.
Election and terms. The regular election of Councilmen shall be held
at the municipal election in the manner provided by the state election
code. At the first election under this charter, two Councilmen shall
be elected at large for two years. At the next regular municipal election,
five Councilmen shall be elected, four by districts and one at large,
for a term of four years. In similar manner thereafter, two Councilmen
shall be elected at large, and then five Councilmen, four by district
and one at large, at alternate municipal elections.
Each of the Councilmen elected after the initial election shall
serve for a term of four years. The terms of Councilmen shall begin
on the first Monday of January of the year after their election.
The Council may determine the annual salary of Councilmen by
ordinance, but no ordinance increasing such salary shall become effective
until the date of commencement of the terms of Councilmen elected
at the next regular election, provided that such election follows
the adoption of such ordinance by at least six months. Councilmen
shall receive no other compensation, direct or indirect, for the performance
of their duties: they shall receive no pensions, insurance or other
forms of fringe benefits. They shall, however, be entitled to their
actual expenses incurred in the performance of their duties.
All powers of the township shall be vested in the Council, except
as otherwise provided by law or this charter, and the Councilmen shall
provide for the exercise thereof and for the performance of all duties
and obligations imposed on the township by law.
A.
No Councilman shall hold any other elective or appointive township
office nor be an employee of the township during his term of office
as a member of Council.
B.
In all matters the Council shall act as a body, and it is contrary to the spirit of this charter for any of its members to seek individually to influence the official acts of the township manager or any other officer, or for the Council or any of its members to direct or request the appointment of any person to, or his removal from office, or the interfere in any way with the performance by such officers of their duties. The Council and its members shall deal with the administrative service solely through the township manager and shall not give orders to any subordinates of the township manager, either publicly or privately. These prohibitions shall not pertain to the power of Council to approve the appointment of department heads or to make inquiries and investigations as provided in § C-2.05.
The Council may make investigations and inquiries into the affairs
of the township and the conduct of any township department, office,
commission, authority, or agency and for this purpose may subpoena
witnesses, administer oaths, take testimony, and require the production
of evidence. Council may seek a contempt citation from the Court if
any person refuses to obey a lawful order issued in the exercise of
these powers of the Council.
The Council shall appoint a township manager. The offices of
township manager and of township secretary may be held by the same
person.
The Council shall continue or create and determine and define
the powers and duties of administrative departments, boards and offices
as it may deem necessary for the proper and efficient conduct of the
affairs of the township. Any department, board or office so continued
or created may, at any time, be abolished by the Council.
A.
Vacancies. The office of Councilman shall become vacant upon death,
resignation, removal from office in any manner authorized by law or
by this charter or by forfeiture of office.
B.
Forfeiture of office. A Councilman shall forfeit his office if he:
1.
Lacks at any time during his term of office any qualifications for
the office prescribed by this charter or by law;
2.
Violates any express prohibition of this charter;
3.
Is convicted of a crime involving a felony or misdemeanor, as well
as murder in the first degree;
4.
Is absent from three consecutive regular meetings of the Council
without being excused by Council.
C.
Filling of vacancies. Council shall declare the office vacant at
least 10 days before the office shall be filled by appointment. The
Council shall, by the vote of a majority of its remaining members,
fill such vacancy within 30 days therefore, by electing a qualified
person to serve until that first Monday of January when his successor,
who shall have been elected by the qualified voters at the next municipal
election held at least 200 days after such vacancy occurs, is duly
sworn into office for the remainder of the term of the person originally
elected to said office. If Council fails to fill a vacancy on Council
within 30 days of the occurrence of the vacancy, then the Council
of Common Pleas shall upon petition of 10 or more qualified electors,
fill such vacancy by the appointment of a qualified person for the
portion of the unexpired term as above provided.
If the number of Councilmen becomes less than four, then the
remaining members of Council shall fill the vacancies on Council in
the manner set forth in the Charter.
The Council shall be the judge of the qualifications of its
members and of the grounds for forfeiture of their office and for
that purpose shall have power to subpoena witnesses, administer oaths
and require the production of evidence. A member charged with conduct
constituting grounds for forfeiture of his office shall be entitled
to a public hearing on demand, and notice of such hearing shall be
published in one or more newspaper of general circulation in the township
at least one week in advance of the hearing. Decisions made by the
Council under this section shall be subject to review of the courts
in accordance with existing law.
A.
Oath of office. The Councilmen, prior to assuming office, shall take
and shall sign an oath of office as shall from time to time be prescribed
by the laws of the Commonwealth of Pennsylvania.
B.
Meetings. The Council shall meet and organize itself during the first
week of January of each year. The Council shall meet regularly at
least twice in every month at such times and places as the Council
may prescribe by rule. The Council shall elect one of their number
chairman of Council and one vice chairman for the purpose of the conduct
of meetings. All meetings of Council at which any formal or informal
vote is taken shall be public. Special meetings may be held upon the
call of the chairman or upon the written request of four or more members
of Council provided that at least 24 hours notice is given to each
Councilman.
C.
Rules and journal. The Council shall determine its own rules and
order of business and shall provide for the keeping of minutes of
its proceedings. The minutes of Council shall be a public record.
The agenda of business of all meetings of Council shall be made public
at least 24 hours prior to the convening of Council. An emergency
item may be added to the agenda upon a majority vote, if such item
concerns the public health and safety.
D.
Voting. All voting of Council shall be public. Voting, except on
procedural motions shall be by roll call and the ayes and nays shall
be recorded in the minutes. Four members of Council shall constitute
a quorum for official business, but a smaller number may adjourn from
time and may compel the attendance of absent members in the manner
and subject to the penalties prescribed by the rules of Council. The
action of a majority of the Councilmen present and entitled to vote,
unless otherwise stated, shall be binding upon and constitute action
of Council.
E.
Citizens' right to be heard. 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.
In addition to any other actions required by law or by this
charter to be taken by ordinance, those actions of the Council shall
be by ordinance which:
1.
Adopt or amend an administrative code or establish, alter or abolish
any municipal department, office or agency;
2.
Adopt or amend a code establishing a personnel system;
3.
Provide for a fine or other penalty or establish a rule or regulation
for violation of which a fine or other penalty is imposed, except
for fines of less than $1 per violation;
4.
Levy taxes;
5.
Grant, renew or extend a franchise;
6.
Establish, alter or abolish rates charged for any utility or other
service supplied by the township;
7.
Authorize the borrowing of money;
8.
Purchase, convey or lease or authorize the purchase, conveyance or
lease of any lands of the township;
9.
Amend or repeal any ordinance previously adopted unless such previous
ordinance action could have been taken by resolution or motion;
10.
Establish wages, hours, or fringe benefits of employees of the township.
Each ordinance shall be introduced in writing and in the form
required for final adoption. An ordinance may be introduced by any
member of Council at any regular or special meeting of Council. An
ordinance not requiring prior notice may be adopted at the same meeting
at which it is introduced. A copy of such proposed ordinance shall
be on file with the manager. The Council shall adopt, amend or reject
ordinances upon majority vote.
The penalty for the violation of any ordinance shall not exceed
$500 for each violation, or 30 days' imprisonment for unjustified
default of payment of fine. However, any ordinance may provide that,
for continuing violations, each day that a violation exists may be
regarded as a separate offense and punishable as such. The limit of
fines may be increased by the Council to the extent of the maximum
fine that may be levied by any non-charter municipality in the Commonwealth
of Pennsylvania as that limit is from time to time established by
the General Assembly.
After adoption, all ordinances shall be published one time in
a newspaper of general circulation in the township. The full text
of the ordinance need not be published; instead the title or a general
summary of the substance of the ordinance will be sufficient to meet
the publication requirement. Publication shall occur within 30 days
of the enactment of the ordinance. The effective date of the ordinance
shall be the publication date unless a later date is specified in
the ordinance or required by the laws of the Commonwealth of Pennsylvania.
All ordinances and resolutions of the township shall be entered
verbatim in permanent separate record books for ordinances and resolutions.
No ordinance shall be considered in force until the same is recorded
in the ordinance book. The ordinance book and resolution book shall
be open and available for public inspection at reasonable hours. These
books shall be in the custody and control of the manager and all entries
made therein shall be at the direction of the manager.
No final action shall be taken on the following types of ordinances
and amendments thereto without public hearing thereon pursuant to
at least 10 days prior public notice published in a newspaper of general
circulation in the township.
1.
Zoning ordinance and amendments thereto;
2.
Adoption of the zoning map and amendments thereto;
3.
Subdivision regulations;
4.
Land development and land use regulations;
5.
New taxes or increases in the rates of existing taxes; (No prior
public notice shall be necessary for the reenactment of taxes levied
annually at the same rate.)
6.
Administrative code or amendment thereto;
7.
Adoption with or without amendment of ordinances proposed under the
initiative power;
8.
Ordinances previously adopted or repealed under the referendum power.
The Council may adopt any standard code of technical regulations
by reference thereto in an adopting ordinance. Copies of any adopted
code of technical regulation shall be made available by the manager
for distribution at a reasonable price.
The Council may adopt emergency ordinances in conditions affecting
life, health, property or the public peace. Such emergency ordinances
shall not levy taxes, grant, renew, or extend a franchise, regulate
the rate charged by any public utility, or authorize the borrowing
of money except as provided by the laws of the Commonwealth of Pennsylvania.
An emergency ordinance shall be introduced in accordance with § C-2.12
of this charter, except that it shall be designated as an emergency
ordinance and shall contain a declaration stating the emergency that
exists. The emergency ordinance may be adopted, with or without amendment,
or rejected at the meeting at which it is introduced. It shall become
effective upon adoption or at such later time as it may specify. An
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, if the
emergency still exists. An emergency ordinance may be repealed at
any time.
