The legislative branch of the government of the Township shall consist of an elective governing body which shall be known as the Township Board of Commissioners, The Board, when lawfully convened, shall constitute the legislative, appropriating, policy-determining and governing body of the Township.
A. 
The Board shall, except as otherwise provided in this Charter, provide for the exercise and for the performance of all duties and obligations imposed on the Township by law.
B. 
The Township Board of Commissioners shall have, but not by way of limitation, the following powers and duties.
(1) 
To make appropriations, incur indebtedness and adopt the budget.
(2) 
To adopt, amend and repeal an administrative code.
(3) 
To create, alter, combine and abolish any Township agency or agencies, with the exception of a department authorized by the Charter, and any committee appointed by the Mayor under Article V, § 5.08(M) of this Charter.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
(4) 
To levy taxes.
(5) 
To fix the amount of bonds for officers and employees, which bonds shall be paid from Township funds.
(6) 
To adopt by resolution all rules and regulations necessary for the governing of its own activities and procedures and for assuring the proper conducting of the business of the Township.
(7) 
To make or cause to be made such studies, investigations or audits which it deems necessary or to be in the best interests of the Township.
(8) 
To make provision for any matter of Township government not otherwise provided for including, but not limited to, any necessary matter involved in the transition of this Charter form of government.
The Board of Commissioners shall be composed of seven members elected at-large at the municipal general elections by the qualified voters of the Township.
[Amended 1-13-2002 by Ord. No. 2387, approved 5-20-2003]
The terms of office of all Commissioners shall be four years, commencing at 8:00 p.m. on the first Monday of January next following the year in which they are elected and ending at the commencement of the terms for which their successors are elected; except that a Commissioner appointed to fill a vacancy shall serve only until the next municipal election at which a successor is elected. Four Commissioners shall be elected at the Municipal General Elections in November, 1975, and every four years thereafter. Three Commissioners shall be elected at the Municipal General Elections in November, 1977, and every four years thereafter. Commissioners in the office at the time of the adoption of this Charter shall continue in office until their terms expire.
[Amended 12-28-1989 by Ord. No. 1661, approved 5-15-1991]
Each Commissioner shall receive a salary at the rate of $2,000 per annum or such other sum as the Board shall from time to time determine; provided, however, that no ordinance increasing such salary shall become effective for at last 4 years after the effective date of this Charter. No change in the compensation of Commissioners shall become effective in their current term of office. Commissioners shall receive no other compensation, directly or indirectly, for the performance of their duties; they shall receive no pensions, health or life insurances or other forms of fringe benefits. They shall, however, be entitled to payment of their actual expenses, and to protection from liability incurred in the proper performance of their duties.
[Amended 7-13-2015 by Ord. No. 3015, approved 11-2-2015]
Commissioners shall be qualified voters of the Township, shall have been residents of the Township continuously for at least one year preceding election and shall reside in the Township throughout their terms of office. The replacement commissioner shall be a qualified member of the same party as the person vacating the seat, or, if the person vacating the seat had no party affiliation, a person of any party affiliation as appointed by the Board of Commissioners.
[Amended 12-28-1989 by Ord. No. 1661, approved 5-15-1991; 1-14-2008 by Ord. No. 2708, approved 4-22-2008]
Except where authorized by law or by this Charter, no current or former Commissioner shall hold any other Township office or employment in which he or she receives salary, compensation or emolument, until one year has passed since the expiration of the full term for which he or she was elected or appointed to the Board unless he/she is duly elected to such new position by the citizens in a municipal election.
[Amended 12-28-1989 by Ord. No. 1661, approved 5-15-1991]
The office of Commissioner shall be come vacant upon death, resignation, removal from office, forfeiture of office or for failure to assume such office after election thereto within 45 days after commencement of the term thereof. A Commissioner shall forfeit office if he or she:
A. 
Lacks at any time during his or her term of office any qualifications of his or her office prescribed in this Charter or by law.
B. 
Is convicted of a felony or a crime involving moral turpitude or a crime relating to the office of Commissioner.
C. 
Fails to attend three consecutive regular meetings without being excused by the Board of Commissioners.
D. 
Fails to attend regular meetings for a period of 90 consecutive days without an excuse deemed acceptable by the Board.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
The Board of Commissioners shall, by appointment by a majority vote of the total remaining members of the Board, fill any vacancy in the office of Commissioner. Should the Board fail, for any reason whatsoever, to fill a vacancy within 45 days after the vacancy occurs, then the Court of Common Pleas shall, upon petition of the Mayor, a member of the Board or of any five citizens of the Township, fill by appointment the vacancy in such office. Any person appointed to fill a vacancy shall possess all the qualifications required of members of the Board as set forth in this Charter.
The Board shall organize at 8 p.m. on the first Monday of January of each even-numbered year. The Board at the organizational meeting shall elect from its membership a President, Vice President and a Secretary, who shall hold such offices at the pleasure of the Board. The President, or in his or her absence the Vice President, shall preside at all meetings of the Board. The officers of the Board shall have and may exercise the rights to which they are otherwise entitled as Board members. The Secretary shall also possess the powers and duties as set forth in Article VIII, § 8.02, of this Charter.
If the first Monday is a legal holiday, the meeting and organization shall take place the first day following the legal holiday. The Board may transact any further business it deems necessary or appropriate at the organizational meeting.
If a majority of the Board shall not attend the organizational meeting of the Board, those present may adjourn the meeting to such time as they determine. Those who attend the second of such adjourned meetings, although less than a quorum, as fixed in § 3.17 of this Article, shall, nevertheless constitute a quorum for the sole purpose of electing the officers of the Board, but not for any other purpose.
The Board may appoint from among its members any committees and officers of the Board not expressly established by this Charter, who shall perform the duties and functions charged by the Board to the extent not inconsistent with other provisions of this Charter.
[Amended 12-28-1989 by Ord. No. 1661, approved 5-15-1991]
A. 
Regular meetings of the Board shall be convened at least once a month at such times as the Board may determine, except as otherwise provided in this Charter. Written notice shall be given to each Commissioner at least 5 days prior to the meeting.
B. 
Special meetings may be called by the President of the Board or, upon the written request of two members of the Board, by the Secretary. At least 48 hours prior notice shall be given to each member. Said notice shall designate the purpose, time and place of the special meeting, which time may be other than that required for regular meetings. At a special meeting, no business shall be considered other than that designated in the notice of the meeting.
C. 
Presence of a Commissioner at any meeting shall constitute a waiver of notice of such meeting, except where a Commissioner attends a meeting for the express purpose of objecting to the transaction of any business because the meeting was not lawfully called or convened.
D. 
If a meeting cannot be organized because a quorum has not attended, those present may adjourn the meeting to such time as they may determine.
E. 
All meetings of the Board shall be held at the Township Municipal Building, or at such other location as shall be designated in a lawful public meeting notice, following approval of such other location by the Board of Commissioners.
The Board shall provide for minutes of all regular and special meetings, which minutes shall be open and available for public inspection at the Township Municipal Building during the Township's regular business hours.
A. 
Every public meeting of the Board shall be open to the public. Advance notice of the intent of the Board to take forthcoming actions at regularly scheduled meetings shall be published once in a newspaper of general circulation.
B. 
The Board shall hold all public meetings, at specified times and places, of which public notice shall be given. Public notice of the schedule of regular meetings shall be given once for each calendar year and shall show the regular dates and times for meetings and the place at which meetings are held. Public notice of each special meeting and of each rescheduled regular or special meeting shall be given, setting forth the date, time and place of each meeting. Public notice shall be given by posting a copy of the notice prominently at the Township Municipal Building and by publishing the notice once in a newspaper of general circulation in Whitehall Township. Public notice shall be given at least 3 days prior to the time of each regular meeting and at least 48 hours prior to the time of the meeting in the case of special or rescheduled meetings. The Board shall supply, on request, copies of the public notice thereof to any newspaper of general circulation in Whitehall Township and to any radio station, television and television cable system which regularly broadcasts into Whitehall Township. The advertising and public notice requirements of this Charter, to the extent inconsistent with the provisions of the First Class Township Code, shall be deemed to supersede the provisions of that statute.
The Board, before taking any vote, shall provide reasonable opportunity for persons to address the Board on matters of concern.
A. 
The Board shall, by ordinance, adopt rules of procedure for its organization, meetings and committees as part of its Administrative Code.
B. 
The Board shall, by ordinance, adopt rules for the form of ordinances and resolutions, and procedures for the presentation and adoption of motions, ordinances and resolutions, all as part of its Administrative Code.
[Amended 12-28-1989 by Ord. No. 1661, approved 5-15-1991]
The majority of the current membership of the Board shall constitute a quorum. The Board shall conduct no business unless a quorum is present, except as otherwise provided in § 3.10 of this Article.
[Amended 12-28-1989 by Ord. No. 1661, approved 5-15-1991]
The action of the majority of a duly constituted quorum of the Board shall be binding upon and constitute the action of the Board, except as otherwise provided in this Charter.
All legislation, certain specific actions enumerated in § 3.20 of this Article, and any other actions required by law or by the Charter to be adopted by ordinance shall be enacted through the adoption of an ordinance. All other action of the Board may be taken by ordinance, resolution or motion. All ordinances and resolutions must be in written form. All actions in adopting ordinances, resolutions or motions shall be by roll call vote and the vote of each member of the Board shall be entered in the minutes of the meeting.
[Amended 12-28-1989 by Ord. No. 1661, approved 5-15-1991]
The following actions of the Board shall require an ordinance to establish their validity:
A. 
The adoption, amendment or repeal of any provision of an administrative code or the creation, establishment, alteration, combination or abolition of any Township agency or agencies.
B. 
Establishment of any fine or other penalty or the establishment of a rule or regulation for violation of which a fine or other penalty is imposed.
C. 
The levy of any tax.
D. 
The grant, renewal or extension of a franchise.
E. 
The establishment, alteration or abolition of rates charged for any utility or other service supplied by the Township.
F. 
The authorization to borrow money.
G. 
The conveyance or lease, or authorization of the conveyance or lease, of any land of the Township.
H. 
The amendment or repeal of any ordinance previously adopted.
I. 
The establishment of wages, hours or fringe benefits of Township employees.
J. 
The determination of powers, duties and authority of the Mayor, Deputy Mayor, Solicitor or Treasurer beyond those created by this Charter.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
K. 
The authorization to make any capital expenditures in excess of $25,000.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
The Mayor shall, within 3 days of passage, receive a written copy of each ordinance or resolution approved by the Board for his approval or veto. Within 10 days after receipt, the Mayor shall return the ordinance or resolution to the Board with his or her approval or with a written statement explaining his or her reasons for the veto thereof.
If the Mayor shall veto an ordinance or resolution, the Board, within 10 days after receiving the veto, may override such veto by a two-thirds vote of the total members of the Board. If the Mayor fails to return the ordinance or resolution to the Board within 10 days after receipt, either approving or vetoing the same, the ordinance or resolution shall be deemed to be finally adopted as though approved and signed by the Mayor.
A. 
After final adoption in accordance with § 3.21, all ordinances shall be published one time in a newspaper circulating generally within 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, the places where copies of it have been filed and the times when they are available for public inspection will be sufficient to satisfy the publication requirements of this Article. Publication shall occur within 30 days after the final adoption of an ordinance in accordance with § 3.21.
B. 
Ordinances shall take effect when specified therein except that no ordinance, other than the Township budget ordinance, shall take effect less than 30 days after final adoption in accordance with § 3.21, unless the Board shall adopt a resolution declaring an emergency and at least a majority plus one of the total number of the Board vote in favor of such resolution. If an ordinance does not contain a specified effective date, it shall be effective 30 days after its final adoption in accordance with § 3.21.
All motions, ordinances and resolutions of the Township shall be entered verbatim in permanent separate record books for each. The books shall be open and available for public inspection at the Township Municipal Building during the Township's regular business hours. These books shall be in the custody and control of the Secretary to the Board and all entries made therein shall be at the direction of the President within 30 days after passage.
[Amended 12-28-1989 by Ord. No. 1661, approved 5-15-1991]
No final action shall be taken on the following types of ordinances and amendments thereto without two public hearings thereon, with at least 10 day intervals between the public hearings and at least 10 days prior public notice of each public hearing thereof published in a newspaper of general circulation in the Township:
A. 
Adoption of a zoning ordinance, a zoning map or of amendments thereto.
B. 
Adoption of subdivision, land development and land uses, regulations or of amendments thereto.
C. 
Authorization of the conveyance or leasing of any lands to or from the Township.
D. 
Adoption, amendment or repeal of any administrative code provisions.
[Amended 12-28-1989 by Ord. No. 1661, approved 5-15-1991]
A. 
All proceedings for the violation of any ordinances and for the recovery of fines or penalties imposed thereby shall be brought as prescribed by statute or by Township ordinance.
B. 
Unless otherwise specified and authorized by law, the penalty for the violation of any ordinance shall not exceed the amount established in the First Class Township Code for the violation in question or 30 days imprisonment in default of payment of fine. 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 Board may, by ordinance, increase any penalty beyond that set forth in the First Class Township Code to the extent permitted by law.