Town of McCandless, PA
Allegheny County
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Table of Contents
Table of Contents
[Ord. 678, passed 6-23-1975]
All legal powers of the Town shall be vested in the Town Council, consisting of seven members elected from seven Councilmanic Districts for terms of four years beginning the first Monday in January following their election. The President of Council shall preside at meetings and shall perform ceremonial duties of the Town's principal elected official. The Vice President shall act as President for any purpose whenever the later is absent or incapacitated.
[Ord. 678, passed 6-23-1975]
Each member of Council must be a qualified voter in the district to be represented at the time of election and continuously throughout his term of office.
[Ord. 678, passed 6-23-1975]
A vacancy shall occur upon a member's death, resignation, conviction of a felony or crime of moral turpitude, failure to maintain his qualifications or absence from three successive meetings of Council without having been excused by the President or by Council. The remaining members of Council shall select by majority vote and appoint a qualified replacement from the same political party. If a vacancy exists for 45 days, Council or any 10 electors may petition the Court of Common Pleas of Allegheny County to appoint a qualified replacement from the same political party.
[Ord. 678, passed 6-23-1975]
Compensation for each member shall be specified by ordinance, may not be increased more than 10% at a time nor more often than every four years and the ordinance must be enacted prior to the year in which that member was last elected. Members of Council shall receive no other compensation nor fringe benefits except liability and accident and health insurance while in the performance of their duties. Members of Council may not hold any other compensated Town office or Town employment.
[Ord. 678, passed 6-23-1975]
(a) 
A meeting may be an organization, regular, special, emergency or adjourned meeting. All meetings, except emergency, must be held in the Town Hall. All meetings are conducted in accordance with Robert's Rules of Order.
(b) 
The organization meeting shall be held at 8:00 p.m. on the first Monday in January of even numbered years (or on Tuesday, January 2, if the first Monday is January 1.) At that meeting Council shall elect a President, a Vice President, a Secretary and an Assistant Secretary. The President and Vice President shall be members of Council. All officers shall be elected to serve a two-year term but they may be removed and/or replaced by Council at any time. At the organization meeting, the President shall appoint such committees as he deems appropriate. At the organization meeting Council may consider and act upon any matter which would be appropriate for decision at any regular meeting of Council.
(c) 
Regular meetings shall be held at least once a month as per a schedule to be adopted at the organization meeting by resolution.
(d) 
Special meetings may be called by the President, the Town Manager or any three members of Council. Written notice must be given to each member, advertised and posted on the bulletin board 72 hours in advance of the meeting time. Only the business stated in the notice of a special meeting may be conducted at that meeting. The presence of a member of Council at a special meeting shall constitute a waiver of notice by that member.
(e) 
An emergency meeting may be called by any member of Council or the Town Manager without notice. If all members present agree emergency action is necessary to protect or promote the public health and safety of the Town and if the meeting is attended by at least a majority of all members of Council, Council may take emergency action. Emergency legislation is valid for a maximum of 90 days.
[Ord. 678, passed 6-23-1975]
Four members constitute the quorum necessary to conduct business. The affirmative vote of a majority of the members present shall constitute official action except for Class A ordinances.
The vote on ordinances and resolutions shall be taken by roll call and recorded in the minutes unless the vote is unanimous.
Minutes shall be kept of all meetings of Council and all meeting of Councilmanic committees. Such minutes shall be distributed to Council members.
[Ord. 678, passed 6-23-1975]
Council may by resolution conduct or authorize any committee, employee or agent of the Town to conduct an investigation of the performance of any member of Council, employee or agent of the Town. Council may also investigate any other proper subject matter in aid of its legislative function. Council may issue subpoenas to compel attendance of any member of Council or any employee or agent of the Town and/or production of records or documents in the possession of such persons which constitute public documents of the Town or which otherwise may be reasonably relevant to the performance of the duties of such person as a member of Council or as an employee or agent of the Town. The presiding officer of the investigating unit shall have the power to administer oaths. Council shall be guided in all such procedures by the advice of the Town Attorney.
[Ord. 1191, passed 10-27-1997]
(a) 
To protect the members of the Town Council and certain key employees from liability in the performance of their duties, indemnification and liability insurance shall be provided by the Town. The amounts and limits of said insurance shall be determined annually.
(b) 
Each member of Town Council shall be indemnified against expenses including attorney's fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by him or her in connection with any adverse action by reason of the fact that he or she is or was a member of Town Council, if the member of Town Council acted in good faith and in a manner he or she reasonably believed to be in the best interests of the Town and, with respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful. The termination of any action, suit or proceeding by judgement, order, settlement, conviction or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the member of Town Council did not act in good faith and in a manner which he or she reasonably believed to be in the best interests of the Town and, with respect to any criminal action or proceeding, had reasonable cause to believe that his or her conduct was unlawful.
(c) 
Expenses incurred in defending a civil or criminal action suit or proceeding against a member of Council shall be paid by the Town in advance of the final disposition of such action, suit or proceeding as authorized by the Town Council in a specific case upon the determination of the Town Council that the member of Town Council acted in good faith and in manner he or she reasonably believed to be in the best interests of the Town, and with respect to any criminal action or proceeding, had no reasonable cause to believe that his or her conduct was unlawful.
(d) 
To the extent that the member of Town Council has been successful on the merits or otherwise in defense of any adverse action, he or she shall be indemnified against expenses, including attorney's fees, actually and reasonably incurred by him or her in connection therewith as of right. In all other instances, indemnification shall be made by the Town only as authorized in a specific case upon a determination that the indemnification of the member of Town Council is proper in the circumstances because he or she has met the applicable standard of conduct set forth above. Such determination shall be made by the Town Council by a majority vote of a quorum consisting of members of Council who are not parties of the adverse action or, if such a quorum is not obtainable or if a disinterested quorum of the Town Council so directs, by an independent legal counsel in a written opinion.
(e) 
Key employees of the Town of McCandless, hereinafter identified as the Manager, Assistant Manager, the Police Chief, the Public Works Superintendent, the Planning and Land Use Administrator, the Building Inspector and the Fire Marshal, shall be indemnified for said expenses, etc. stated in subsection (b) hereof in a specific case upon a determination that the indemnification of said key employee is proper in the circumstances because he or she has met the applicable standard of conduct set forth in subsection (b) hereof. Such determination shall be made by the Town Council by a majority vote of a quorum consisting of members of Council who are not parties to the adverse action or, if such a quorum is not obtainable or if a disinterested quorum of the Town Council so directs, by an independent legal counsel in a written opinion.
(f) 
The indemnification provided by this section shall not be deemed exclusive of any other rights to which those seeking indemnification may be entitled by any contract or as a matter of law.
(g) 
The indemnification shall continue as to such person who has ceased to be a member of Town Council or key employee and shall inure to the benefit of the heirs, executors and administrators of such person.