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.
