[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.
