[Home Rule Charter, Section 501]
a. All legislative power of the Municipality shall be vested in Council.
b. 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.
c. Council shall have the power to create or abolish all authorities,
boards and commissions, committees, departments, offices or agencies.
d. Council shall have the power to appoint and remove all members of
authorities, boards, commissions and committees and all members of
its legislative and legal staff.
e. Council shall have the power to receive and accept all gifts or donations
of real and personal property or interest therein in the name of the
Municipality.
f. Council, as a body or through a committee thereof, shall have the
power to make inquiries and investigations into the affairs of the
Municipality and its government and into the conduct of any municipal
department, office or agency or any of the committees thereof.
g. 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 an opportunity to
be heard.
[Home Rule Charter, Section 502]
a. Council shall appoint a Municipal Manager.
b. Council shall adopt an Administrative Code{20}, establishing and
defining the responsibilities of the municipal departments and agencies
as well as such procedures as it shall deem to be of basic importance
in the operation of the municipal government. Council shall have the
continuing authority thereafter, by amendment of the Administrative
Code, to make changes in departmental and administrative organizations
and procedures, and to abolish any department, board, commission or
other agency not required by law or by this Charter to be established
and maintained.
c. Council shall appoint the Municipal Solicitor, who shall be an attorney
at law or a firm of attorneys, and the Municipal Secretary. The Secretary
shall be directly under the supervision and control of Council.
d. Council shall adopt a Personnel System{30}, which shall provide for the appointment, promotion and removal of all appointed officers and employees of the Municipality. Such system shall provide, among other things, that all appointments and promotions of appointed municipal officers and employees shall be made on the basis of merit and fitness demonstrated by examination or other evidence of competence. The nondiscrimination provisions of §
1-104 of this codification shall apply in any appointment or promotion and political affiliation or beliefs shall not be a factor.
e. 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 Municipality{40}. Such
procedures shall provide for negotiated contracts, competitive bidding,
detailed bidding procedures, assurance of controls on aggregate spending
and safeguards against special interests.
f. Whenever a petition shall be presented to Council by registered electors
of the Municipality, comprising at least 2% of the electors voting
at the most recent municipal election, requesting that Council consider
and take action on the subject matter of the petition, it shall be
the duty of Council to place the subject matter thereof on its agenda
for a regular or special meeting taking place within two months after
receipt of the petition. At such meeting, Council shall consider and
take action on such subject matter. However, the same subject shall
not be presented to Council by petition pursuant to this section oftener
than one time in any two-year period. This section is not intended
to prevent any individual or group of individuals from petitioning
Council in any other legal manner.
[Home Rule Charter, Section 503]
Council shall, in the conduct of its powers, be subject to the
following limitations:
a. Individual Councilmen shall not exercise any power of Council unless
such authority shall be specifically delegated by Council or by this
charter.
b. Except where authorized by law, no Councilman shall hold any other
municipal office or municipal employment during his term of office.
c. Neither Council nor any of its members shall in any manner dictate
activities or the appointment or removal of any municipal officer
or employee who is appointed by the 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.
d. Any Councilman who shall have a special financial interest in a matter
before Council shall abstain from voting on the question.
[Home Rule Charter, Section 601; amended by Ord. 916 and
917, 11/8/1977{50}]
Council shall hold its organizational meeting on the first Monday
of January of each even-numbered year. At the organization meeting,
it shall elect one of its members as President of Council, who shall
hold such office at the pleasure of Council. The Council shall transact
any other business that it may deem necessary or appropriate at the
organization meeting.
In any year when the first Monday of January shall be a legal
holiday, the organization meeting of Council shall be held on the
following day.
It shall be the responsibility of the President of Council to
designate the committees of Council and to appoint Council members
to such committees, subject to the approval of Council.
[Home Rule Charter, Section 602]
Council shall hold regular meetings at least once a month on
such day and at such time as Council, from time to time, determines
and schedules.
Council may adjourn to a stated time for general business or
for special business. A majority of the members of Council in office,
not including the Mayor in his capacity as presiding officer, shall
constitute 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.
Special meetings may be called by the Mayor on his own initiative
or shall be called by him upon written request of at least two of
the members of Council. Members shall have at least 24 hours' notice
of special meetings. The notice shall state the nature of the business
to be considered. Presence at a meeting constitutes waiver of notice.
[Home Rule Charter, Section 603]
Meetings of Council shall be open to the public and shall be
conducted according to rules of procedure that shall be adopted from
time to time by Council. Such rules shall be designed to assure full
and equal participation in the deliberations of Council by all of
its members.
[Home Rule Charter, Section 604]
Council shall cause minutes of all its meetings to be made and
preserved. The minutes shall be open to public inspection in the municipal
offices, during regular business hours.
[Home Rule Charter, Section 605]
In the conduct of inquiries and investigations, Council shall
have authority to compel the attendance of witnesses and the production
of books, papers or other evidence at any meeting of Council or of
any committee thereof and for that purpose may issue subpoenas, signed
by the Mayor or the Chairman of the Committee, as the case may be,
and may cause the same to be served in any part of the Commonwealth
of Pennsylvania. The Mayor or Committee Chairman, as the case may
be, shall have the power to administer oaths to witnesses.
[Home Rule Charter, Section 504]
The following actions of Council shall be taken by ordinance:
a. Adoption of the Administrative Code{60}.
b. Adoption of the Personnel Rules and Regulations{70}.
c. 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 Municipality{80}.
d. Adoption of tax levies and authorization for service charges, fees
and assessments{90}.
e. 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.
f. Ordinances shall become effective following the carrying out of the
publication and recording requirements; however, a later date may
apply when required or when specified in the ordinance.
g. All other actions shall be taken by resolution or motion.
[Home Rule Charter, Section 1006]
All ordinances, resolutions, rules and regulations of the Municipality
of legislative nature, or portions thereof, in force when this charter
takes effect, and not in conflict herewith, shall remain and continue
in force until they either expire by their own terms or are amended
or specifically repealed, either in whole or in part pursuant to this
charter.
Council shall have the power to amend, repeal or replace such
enactments, pursuant to this charter, or, when they deal with a matter
outside the purview of this charter, pursuant to the applicable enabling
legislation.
All ordinances and resolutions or amendments thereof in continued
effect as of the effective date of this charter shall be construed
as if enacted under this charter, but as of the date of their original
enactment or amendment, as the case may be.
[Home Rule Charter, Section 606; amended by Ord. 919, 11/8/1977{100}]
Action on any ordinance shall be at a lawful meeting of Council
and shall be by majority vote of the members present. If such ordinance
receives such affirmative majority vote, it shall then be signed by
the President of Council or, in his absence, any other Councilman
and attested by the Municipal Secretary, who shall affix the Municipal
Seal and insert the date of the Council vote. Such ordinance shall
then be presented to the Mayor for his approval. If the Mayor approves
such ordinance, he shall sign it; if the Mayor shall not approve the
ordinance, he shall have the power to veto it within 14 days of its
date. If the Mayor vetoes such ordinance, he shall, at the same time,
give his reasons in writing for such veto. Council may, by an affirmative
vote of five members of Council, override the veto of the Mayor at
the next meeting of the Council following the veto, whether such meeting
is a regular, special or adjourned meeting.
The enactment of an ordinance shall be the date when the Mayor
shall approve it or the date of passage by Council over the veto of
the Mayor or, in the case of any ordinance neither approved nor vetoed
by the Mayor, then on the date which is 15 days after the original
approval by Council.
Ordinances shall be numbered consecutively and shall contain
a clear statement that the document is an ordinance.
[Home Rule Charter, Section 607; amended by Ord. 1770, 2/2/2004]{110}
Notices of ordinances adopted by Council shall be published
in one or more newspapers of general circulation in the Municipality
within seven days of enactment. Such publication shall state where
the full text of the ordinance may be examined and copies obtained.
In addition to the publication herein required after enactment
of an ordinance, prior public notice of the intent to take action
on a proposed ordinance may be made in any case at the discretion
of Council.
[Home Rule Charter, Section 608]
Within seven days after the enactment of an ordinance, the Municipal
Secretary shall cause to be recorded in the Municipal Ordinance Book,
a verbatim copy of such ordinance, which shall contain a notation
of the date of enactment and the date of publication and the name
of the newspaper in which publication was made.
It shall not be necessary 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, in the latter cases, it shall be necessary
only to record the ordinance adopting the same by reference and indicating
the municipal office where the complete code or ordinance shall be
available.
Whenever an ordinance shall be specifically amended or repealed,
the Municipal Secretary shall cause a notation to the effect to be
made in the Ordinance Book at the location where the recording of
such ordinance shall commence.
[Home Rule Charter, Section 609]
The Ordinance Book shall be open and available for public inspection
and perusal in the Municipal Building during office hours and the
Municipality shall make available, at a cost of reproduction, copies
of any ordinance, upon request.
[Home Rule Charter, Section 610]
The Municipality shall cause the valid ordinances and the permanent
ordinances to be codified and indexed, and the codification shall
be kept current by updating on a biennial or more frequent basis.
[Home Rule Charter, Section 611]
Violation of an ordinance shall constitute a summary offense
and prosecution for every such offense shall be according to the practice
in the case of summary convictions, except where the laws of Pennsylvania
shall specifically provide otherwise. Any ordinance may prescribe
a penalty for the violation thereof, which may not exceed the maximum
penalty that may be imposed by any non-charter Borough in the Commonwealth
for violation of an ordinance. All fines, penalties and costs collected
shall be paid to the municipal treasury for use of the Municipality.
Any ordinance may provide that, for continuing violations, each
day that a violation exists may be regarded as a separate violation.