The legislative branch of the government of the Borough of Chalfont
shall consist of an elected governing body which shall be known as
the Borough Council. The Council, when lawfully convened, shall constitute
the legislative, appropriating, policy-determining and governing body
of the Borough.
There shall be a Borough Council of seven members. Members shall
be elected at large.
[Amended 11-7-2000; 7-9-2013 by Ord. No. 407; 1-14-2014 by Ord. No. 411]
A.
Except as otherwise provided in this Charter, the Council shall have
and exercise all such powers and duties now or hereafter conferred
or imposed on said Council by applicable law.
B.
The Council 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 and such other
codes as may be required, from time to time, to protect the safety
and welfare of the citizens.
(3)
To create, alter, combine and abolish municipal departments, committees,
boards, commissions, offices or agencies not headed by an elected
officer or not consistent with the Charter, provided that Council
shall create agencies, boards and commissions related to municipal
planning to operate under terms and conditions set forth in the Pennsylvania
Municipalities Planning Code, Act 247, 1968, as amended. (53 P.S.
§ 10101 et seq.)
(4)
To levy taxes.
(5)
To fix the amount of bonds of officers and employees paid from municipal
funds.
(6)
To fix the compensation of the Mayor, the Council President, the
Manager and its members. The maximum rate of compensation which may
be fixed, from time to time, shall not exceed the maximum rate established
by the Commonwealth of Pennsylvania for the Mayor and Council members
in boroughs of comparable populations. No change in the compensation
of the Mayor and Council members shall become effective in their current
terms of office.
(7)
To make or cause to be made such studies or post audits and investigations
as it deems to be in the best interest of the Borough.
(8)
To hold public hearings on any matter.
(9)
To appoint and remove the Borough Solicitor and members of all authorities,
boards, and commissions which may, or which may from time to time,
be established by the Council, except as otherwise provided by law
or this Charter.
(10)
To adopt, by ordinance, a personnel system.
(11)
To adopt procedures which shall provide for the purchase 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.
(12)
To exercise any of its powers or perform any of its functions and
participate in the financing thereof, jointly or in cooperation, by
contract or otherwise, with the United States of America or any agency
thereof and/or the Commonwealth of Pennsylvania and any political
subdivision or agency thereof. The Borough shall have authority to
cooperate with other municipalities and governmental units to furnish
services to them and to accept services from them.
(13)
To adopt, by resolution, all necessary rules and regulations for
its conduct and procedure. Such rules shall be designed to assure
full and equal participation in the deliberations of the Council by
all its members.
(14)
To provide for all reasonable opportunity for the citizens and taxpayers
of the Borough to address the Council on matters of concern.
(15)
To make provision for any matter of Borough government not otherwise
provided for, including, but not restricted to, any necessary matter
involved in the transition to this Charter form of government.
A.
The Council shall organize on the first Monday of January at 8:00
p.m. of each even-numbered year in the Borough Hall or such other
designated location. In any year when the first Monday of January
shall be a legal holiday, the organization meeting of Council shall
be held on the first day following which is not a legal holiday.
B.
The Council, at this organization meeting, shall elect from its membership a President and a Vice President, who shall hold such offices at the pleasure of Council. The President or, in the absence of the President, the Vice President shall preside at all meetings of the Council. The President and Vice President shall on all questions before the Council have and may exercise the vote to which each is entitled as a Council member, except as outlined in § C3-10.
C.
The Mayor shall preside over the organization of Council until it
has elected a President. In the case of the absence of the Mayor at
the organization meeting, Council shall choose one of its members
to preside.
[Amended 11-7-2000]
The Borough staff shall consist of the following:
A.
Borough Manager. The Manager shall be the Chief Administrative Officer
of the Borough of Chalfont and shall be responsible to Council for
the proper and efficient administration of the affairs of the Borough.
The powers and duties of administration of all Borough of Chalfont
business shall be vested in the Manager, unless expressly imposed
or conferred by statute, by the Charter or by ordinance upon other
Borough of Chalfont officers. The office of Borough Manager shall
not be deemed incompatible with the office of Borough Secretary, Borough
Treasurer or any other Borough office or employment, except that of
Councilperson. Borough Council may delegate, subject to recall, any
of its nonlegislative powers and duties to the Manager. The powers
and duties of the Manager shall include the following:
(1)
Exercise administrative supervision over all Borough departments
except the Police Department and other departments, the supervision
of which has not been delegated to the Manager by Borough Council.
(2)
Hire, suspend or discharge any employee under his or her supervision
with the advice and prior consent of Council.
(3)
Fix wages and salaries of all personnel under his or her supervision,
within a range previously determined by Council.
(4)
Prepare, with the assistance of the President of Council, the budget
for the next fiscal year and explanatory budget message prior to a
date determined by Borough Council. In preparing the budget, the Manager,
or an officer designated by the Manager, shall obtain from the head
of each department, agency, board or officer an estimate of revenues
and expenditures and other supporting data as he or she deems necessary
and requests. The Manager shall assist in reviewing such estimates
and may revise them before submitting the budget to Borough Council.
(5)
Be responsible for the administration of the budget after its adoption
by Borough Council.
(6)
Hold such other Borough of Chalfont offices and head such Borough
of Chalfont departments as Council may, from time to time, direct.
(7)
Shall attend all meetings of Borough Council and may attend committee
meetings with the right to take part in the discussions and shall
receive notice of all special meetings of Borough Council and of its
committees.
(8)
Prepare the agenda for each meeting of Borough Council and provide
the agenda and pertinent facts thereto to each member of Borough Council
in advance of each meeting.
(9)
Keep Borough Council informed as to the conduct of Borough affairs,
submit periodic reports on the condition of the Borough finances and
such other reports as the Borough Council may, from time to time,
request and shall make such recommendations to the Council as deemed
necessary.
(10)
Submit to the Borough Council, as soon as possible after the close
of the fiscal year, a complete report on the financial and administrative
activities of the Borough.
(11)
See that the provision of all franchises, leases, permits and privileges
granted by the Borough are observed.
(12)
Employ, after securing the approval of Borough Council, experts and
consultants to perform work and to advise in connection with any of
the activities and/or functions of the Borough.
(13)
Attend to the letting of contracts as approved by the Borough Council
in due form of law and shall supervise the performance and faithful
execution of the same, except insofar as such duties are expressly
imposed upon some other Borough officer by statute.
(14)
See that all money owed to the Borough is promptly paid and that
proper proceedings are taken for the security and collection of all
of the Borough's claims.
(15)
Be the purchasing officer of the Borough and shall purchase, in accordance
with the provisions of the Borough of Chalfont Home Rule Code, all
supplies and equipment for the various agencies, boards, departments
and other offices of the Borough. The Manager shall keep an account
of all purchases and shall, from time to time, or when directed by
Council, make a full, written report thereof. The Manager shall also
issue rules and regulations, which rules and regulations shall be
subject to the approval of Borough Council, governing the requisition
and purchasing of all Borough supplies and equipment.
(16)
Cooperate with the Borough Council at all times and in all matters
in order that the best interests of the Borough and of the general
public may be maintained.
(17)
All complaints regarding services or personnel of the Borough of
Chalfont, except relating to police, shall be referred to the office
of the Manager. The Manager, or an officer designated by the Manager,
shall investigate and dispose of such complaints and the Manager shall
report thereon to Borough Council.
(18)
Execute and secure enforcement of all resolutions and ordinances
by the Code Enforcement Officer or the Police Department unless said
resolutions or ordinances delegate the authority of enforcement to
another individual(s), in which case enforcement shall be secured
through said individual(s).
B.
Secretary. The Borough Secretary shall keep minutes of Council meetings
and keep its records and shall perform other duties and functions
as the Council shall assign, from time to time, and/or as established
by the Administrative Code.
C.
Treasurer. The Borough Treasurer shall administer the financial affairs
of the Borough and shall:
(1)
Receive, collect, account for and deposit into the Borough treasury
all taxes, fees, funds, assessments or charges that are levied, established
or received by the Borough for general or special purposes. Such deposits
shall be made no later than the first business day following the day
in which the funds are received.
(2)
Disburse Borough funds pursuant to authorization for payment made
by Council and shall sign, along with the individuals specified in
the Administrative Code, all checks, drafts or instruments which disburse
Borough funds. The Administrative Code shall designate the individuals
who shall sign all checks, drafts or other instruments in the absence
of the Borough Treasurer.
(3)
Arrange for investments of Borough funds in the manner provided by
this Charter and the law of the General Assembly of the Commonwealth
of Pennsylvania.
(4)
Deposit the funds of the Borough in depositories as designated by
the Council. All such accounts shall be in the name of the Borough.
(5)
Perform other duties and functions as the Council shall assign, from
time to time, and/or as established by the Administrative Code.
D.
Other officers. Department directors and other officers may be appointed
who shall perform duties and functions established by the Council,
not inconsistent with other provisions of this Charter.
Individual Council members shall not exercise any power of Council
unless such authority shall be specifically delegated by Council or
by this Charter.
[Amended 7-9-2013 by Ord.
No. 407; 1-14-2014 by Ord. No. 411]
A.
All meetings of the Council shall be open to the public and public
notice of all meetings shall be given.
B.
The Council shall convene in regular meetings not less than once
a month at such times and places as the Council may prescribe, except
as otherwise provided in this Charter.
C.
Council may adjourn to a stated time for general business or for
special business.
D.
Special meetings shall be called by the President of Council or upon
written request by at least three of the members of Council. Members
shall have at least 24 hours' notice of special meetings. The
notice shall contain a statement of the nature of the business to
be considered. Presence at a meeting constitutes waiver of notice.
E.
Council may provide for the participation of Council members in meetings
of Council by means of telecommunication devices, such as telephones
or computer terminals, which permit, at a minimum, audio communication
between locations, provided that:
(1)
A majority of the membership of Council then in office is physically
present at the advertised meeting place within the Borough and a quorum
is established at the convening or reconvening of the meeting. If
after the convening or reconvening of a meeting a member has been
disqualified from voting as a matter of law, but is still physically
present, Council members participating by telecommunication device
in accordance with this section shall be counted to maintain a quorum.
(2)
The telecommunication device used permits the member or members of
Council not physically present at the meeting to:
(a)
Speak to and hear the comments and votes, if any, of the members
of Council who are physically present as well as other members of
Council who may not be physically present and who are also using a
telecommunication device to participate in the meeting; and
(b)
Speak to and hear the comments of the public who are physically
present at the meeting.
(3)
The telecommunication device used permits the members of Council
and the members of the public who are physically present at the meeting
to speak to and hear the comments and the vote, if any, of the member
or members of Council who are not physically present at the meeting.
A majority of the members of Council then in office shall constitute
a quorum. The Council shall conduct no business except in the presence
of a quorum. If no quorum is present at a regular or adjourned meeting,
a majority of the members of Council who are present may agree upon
another date and hour for a meeting and members so present may continue
so to agree until a meeting can be held with a quorum in attendance.
The action of a majority of the Council shall be binding upon
and constitute the action of the Council, except as otherwise provided
in this Charter.
A.
All action of the Council shall be taken by the adoption of an ordinance,
resolution or motion. All legislation shall be enacted by the adoption
of an ordinance. All ordinances and resolutions must be in written
form. All final action in adopting ordinances or resolutions shall
be by roll call vote and the vote of each member of Council shall
be entered in the record of the meeting.
B.
All Council members present at the meeting shall be required to vote
on all issues and questions put to a vote of the Council, except as
restricted by this Charter or unless a Council member shall have a
personal or financial interest in the matter, in which case the Council
member shall abstain and inform the Council of the reason for abstaining.
A.
In addition to any other actions required by law or by this Charter
to be taken by ordinance, those actions of the Borough Council shall
be by ordinance which:
(1)
Levy taxes or change the fiscal year.
(2)
Adopt or amend zoning regulations, a Zoning Map, subdivision regulations,
land development and land regulations.
(3)
Establish, alter or abolish rates charged for any utility or other
service supplied by the Borough.
(4)
Authorize the borrowing of money.
(5)
Establish a rule or regulation, the violation of which imposes a
fine or other penalty. All fines and penalties, however, must be authorized
by the ordinance.
(6)
Grant, renew or extend a franchise.
(7)
Convey, lease or authorize the conveyance or lease of any lands of
the Borough.
(8)
Adopt or amend an Administrative Code (Chapter 1, Part 1)[1] and such other codes as may be required, from time to
time, to protect the safety and welfare of the citizens, alter or
abolish any Borough department, office or agency, except agencies,
boards and commissions related to municipal planning operating under
terms and conditions set forth in Pennsylvania Municipalities Planning
Code, Act 247, 1968, as amended.
(9)
Adopt or amend a code establishing a personnel system for the Borough.
(10)
Fix the compensation of Council members and the Mayor.
B.
Actions other than those referred to in this section may be done
either by ordinance, by resolution or by motion.
The enacting clause of all ordinances shall be the "Borough
of Chalfont hereby ordains."
A.
An ordinance may be introduced by any member of the Council or the
Mayor. A copy of each proposed ordinance or an amendment to a proposed
ordinance shall be provided for each Council member and the Mayor
at the time of its introduction and copies shall be provided for public
inspection in the office of the Borough Secretary until it is finally
adopted or fails adoption.
B.
Except in cases of emergency ordinances, every proposed ordinance
shall be considered two times in separate Council meetings, but at
least one week shall elapse between introduction and final passage.
C.
Persons interested in a proposed ordinance shall be given an opportunity
to speak and be heard before the Council in accordance with such rules
and regulations as Council may adopt.
D.
If the Council adopts an amendment to a proposed ordinance which
constitutes a change in substance, the proposed ordinance as amended
shall be placed on file for public inspection in the office of the
Borough Secretary for at least one additional week before final passage.
E.
To meet a public emergency affecting life, health, property or public
safety, the Council may adopt an emergency ordinance at the meeting
at which it is introduced and the Council may make it effective immediately,
except that no such ordinance may be used to levy taxes, grant or
extend a franchise or authorize the borrowing of money except as provided
by the laws of the Commonwealth of Pennsylvania or this Charter. An
emergency ordinance 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 the adoption of an emergency ordinance, the Council shall have
it publicized in full within 10 days in at least one newspaper of
general circulation in the Borough. 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 section if the emergency
still exists. An emergency ordinance may be repealed at any time.
[Amended 7-9-2013 by Ord.
No. 407; 1-14-2014 by Ord. No. 411]
The penalty for the violation of any ordinance shall be in accordance
with the Borough of Chalfont Fee Schedule. 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.
[Amended 11-7-2000; 7-9-2013 by Ord. No. 407; 1-14-2014 by Ord. No. 411]
A.
Prior to adoption, all ordinances shall be published one time in
at least one newspaper of general circulation in the Borough. Publication
shall occur not less than seven days prior to the enactment of the
ordinance and shall include:
B.
The effective date of the ordinance shall be at the date of adoption
of the ordinance, unless a later date is specified in the ordinance.
A.
All ordinances and resolutions of the Borough shall be certified
by the signature of the Borough Secretary.
B.
Every ordinance shall, before it take effect, be submitted by the
Borough Secretary to the Mayor for approval. If the Mayor approves
the ordinance by signature, it shall become law. If disapproved by
the Mayor, the ordinance shall be returned to the Council within 15
days after receipt by the Mayor along with the Mayor's written
reason(s) for disapproval. If the Council shall then pass the ordinance
by an affirmative vote of five members within 15 days after the ordinance
has been returned with the Mayor's disapproval, it shall become
law without the Mayor's approval. If the Mayor does not return
the ordinance within the time required, it shall become law without
the Mayor's approval.
C.
All ordinances and resolutions shall be promptly entered verbatim
in permanent separate record books for ordinances and resolutions.
It shall not be necessary, however, to record in the ordinance book
the full text of any ordinance where there is a specific provision
in the laws of Pennsylvania permitting adoption and recording by reference,
or in the case of any ordinance adopting, with or without amendment
or modification, any building code, plumbing code or other code complete
in itself for the regulation of any trade, occupation or line of activity
or undertaking, but the ordinance adopting the same by reference shall
be entered and the entry shall indicate where the complete code or
ordinance is available for record. These books shall be in the custody
and control of the Borough Secretary and all entries made therein
shall be at the direction of the Secretary.
Within three years after adoption of this Charter and thereafter
at intervals not to exceed eight years, the Council shall provide
for the preparation of a general codification of all Borough ordinances
and resolutions having the force and effect of law. The general codification
shall be adopted by the Council by ordinance and shall be published
promptly in bound or loose-leaf form together with this Charter and
any amendments thereto, pertinent provisions of the Constitution and
other laws of the Commonwealth of Pennsylvania, and such other rules
and regulations as the Council may specify. This compilation shall
be known and cited officially as the "Borough of Chalfont Code." Copies
of the Code shall be furnished to Borough officers and public offices
for free public reference and made available for purchase by the public
at a reasonable price fixed by Council.
