Article V Borough Council; Powers, Duties, Limitations and Legislation

[Charter, 5/21/1974, § 501]

All legislative power of the Borough shall be vested in Council.

Council shall have the power to enact, amend or repeal all ordinances and resolutions not inconsistent with this Charter or with the laws of the Commonwealth of Pennsylvania.

Council shall have the power to create or abolish all boards, commissions, committees, departments, offices or agencies.

Council shall have the power to appoint and remove all members of boards, commissions and committees and any and all members of its legislative and legal staff.

Council shall have the power to receive and accept all gifts or donations or real and personal property or interest therein in the name of the Borough.

Council, as a body, or through a committee thereof, shall have the power to make inquiries and investigations into the affairs of the Borough and its government and into the conduct of any Borough department, office or agency, or any of the committees thereof.

Council shall have the power to hold public hearings on any matter. Notice of every such hearing shall be given in the manner determined by Council, and all interested persons shall have the opportunity to be heard.

§ 502 Duties.

[Charter, 5/21/1974, § 502]

Council shall appoint a Borough Manager.

Council shall adopt an administrative code within 12 months after the adoption of this Charter, which establishes and defines the responsibilities of the Borough departments and agencies, as well as such procedures as it shall deem to be of basic importance in the operation of the Borough government. Council shall have the continuing authority thereafter, by amendment of the administrative code, to make changes in departmental and administrative organizations and procedures.

Council shall appoint the Borough Solicitor, who shall be an attorney at law or a firm of attorneys. The Solicitor, and any subordinates that he may be authorized to have in the Borough government, shall be directly under the supervision and control of the Borough Council.

Council shall adopt a personnel system which shall provide for the appointment, promotion and removal of all appointed officers and employees of the Borough. Such system shall provide, among other things, that all appointments and promotions of appointed Borough officers and employees shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of competence. The nondiscrimination provisions of § 301 of this Charter shall apply in any appointment or promotion, and political affiliation or beliefs shall not be a factor.

Council shall adopt procedures which shall provide for the purchasing of products, goods and services, the making of contracts and the sale or lease of personal or real property of the Borough. Such procedures shall provide for negotiated contracts, competitive bidding, detailed bidding procedures, assurance of controls on aggregate spending, and safeguards against special interests.

Whenever a petition shall be presented to Council, signed by at least two percent of the number of registered voters at the time of the most recent municipal election, requesting that Council consider and take action on the subject matter thereof, it shall be the duty of the Council to place the subject matter of the petition on its agenda for a regular or special meeting taking place within 2 months after receipt of the petition. Prior notification of the time and place of such meeting shall be published in a newspaper of general circulation within the Borough. At such a meeting, Council shall consider and take action on such matter. Provided: The same subject shall not be presented to Council by petition pursuant to this Section more often than one time in any 2-year period. Provided, further: This Section is not intended to prevent any individual or group of individuals from petitioning Council in any other legal manner.

§ 503 Limitations.

[Charter, 5/21/1974, § 503]

Council shall, in the conduct of its powers, be subject to the following limitations:

Individual Councilmen shall not exercise any power of Council unless such authority shall be specifically delegated by Council or by this Charter.

Except where authorized by law, no Councilman shall hold any other Borough office or Borough employment during his term of office. No Councilman shall resign his position to hold any compensated Borough office or employment nor shall be act as a paid consultant to the Borough concurrent with the term for which he was elected to the Council.

Neither Council nor any of its members shall in any manner dictate activities or the appointment or removal of any Borough officer or employee who is appointed by the Borough Manager; but Council or any of its members may express its views and discuss with the Manager anything pertaining to the activities or appointment or removal of any of his subordinates.

All Councilmen present at a Council meeting shall be required to vote on all issues and questions put to a vote of the Council, except as the restrictions of this Charter of Council ordinance may take effect. Any Councilman who shall have a special personal or financial interest in a matter before Council shall abstain from voting on the question.

§ 504 Legislation.

[Charter, 5/21/1974, § 504]

The following actions of the Borough Council shall be taken by ordinance:

Adoption of the Administrative Code, referred to in § 502.2 of this Charter.

Adoption of the Personnel System, referred to in § 502.4 of this Charter.

Adoption of procedures for purchasing of products, goods or services, for the making of contracts and for the sale or lease of personal or real property of the Borough, as referred to in § 502.5 of this Charter.

Adoption of tax levies and authorization for service charges, fees and assessments.

Adoption of zoning ordinance.

Adoption of zoning map.

Establishing land subdivision regulations.

Providing for land development and land use regulations.

The setting of Councilmanic salaries.

The codification of Borough ordinances.

Authorization for the borrowing of money.

All other actions which are legislative in nature, which affect or regulate the conduct of the public, which create or establish any long-term permanent physical change, right or privilege, or which amend or repeal any previously enacted ordinance.

Ordinances shall become effective following the carrying out of publication and recording requirements; however, a later date may apply when required by law or when specified in the ordinance.