[HISTORY: Adopted by the Board of Commissioners of the Township
of Manheim 2-2020 by Ord. No. 2020-05. Amendments noted where applicable.]
The purpose of this chapter is to authorize the Board of Commissioners
to establish citizen-oriented advisory committees that will review,
research, analyze, discuss and make recommendations to the Board of
Commissioners on specific topics, areas, needs or issues that the
Board of Commissioners determine are important to the overall health,
safety and welfare of the Township. A citizen advisory committee shall
furnish information and recommendations to the Board of Commissioners
but shall not have actual, or de facto, decision-making authority.
A.
The
Board of Commissioners shall have the authority to create, by resolution,
citizen advisory committees from time to time to aid in the execution
of its corporate powers when it has determined a need exists to engage
various skills and capabilities of the Township citizenry to advise
it on the best approaches and practices in addressing current and
future needs.
B.
Each
citizen advisory committee created shall be effective upon the adoption
by the Board of Commissioners of a resolution establishing the name
and purpose of the advisory committee; the number of members to serve
on the committee; how frequently the committee should meet; what information,
report, recommendation or other deliverables the advisory committee
is expected to provide to the Board of Commissioners; and whether
the advisory committee is a standing committee or an ad-hoc committee
that exists only for a specified timeframe. Unless the Board of Commissioners
establishes an end-date for a citizens advisory committee, the committee
will continue until the Board of Commissioners takes official action
to discontinue the committee or to place the committee into an inactive
status.
C.
Each
citizen advisory committee enacted shall consist of an odd number
of members having no less than five members and no more than 15 members.
[Amended 8-10-2020 by Ord. No. 2020-20]
D.
The
Board of Commissioners shall appoint the members of a citizen advisory
committee by majority vote. All but one member of a citizen advisory
committee shall be a resident, landowner or business owner of Manheim
Township, Lancaster County, Pennsylvania. The Board of Commissioners
may appoint one member to a citizen advisory committee who is not
a resident, landowner or business owner in Manheim Township who can
provide expertise, knowledge or experience that the Board of Commissioners
deems to be particularly helpful to a committee.
E.
The
term for members of a standing committee shall be three years, but
may be reduced to two years as part of the resolution establishing
the committee. The term for members of an ad-hoc committee that will
be in existence for less than three years will be for the duration
of the existence of that committee.
[Amended 8-9-2021 by Ord.
No. 2021-13]
(1)
Upon the establishment of a standing committee with three-year terms,
the initial terms for members shall be staggered as set forth below
with any future terms, thereafter, being set for three years:
(a)
On a committee of five members, two shall be appointed for three
years, two shall be appointed for two years and one shall be appointed
for one year;
(b)
On a committee of seven members, three shall be appointed for three
years, two shall be appointed for two years and two shall be appointed
for one year;
(c)
On a committee of nine members, three shall be appointed for three
years, three shall be appointed for two years and three shall be appointed
for one year;
(d)
On a committee of 11 members, four shall be appointed for three years,
four shall be appointed for two years and three shall be appointed
for one year;
(e)
On a committee of 13 members, five shall be appointed for three years,
four shall be appointed for two years and four shall be appointed
for one year; and
(f)
On a committee of 15 members, five shall be appointed for three years,
five shall be appointed for two years and five shall be appointed
for one year.
(2)
Upon the establishment of a standing committee with two-year terms,
the initial terms for members shall be two years for one-half of the
total number of committee members rounded up and shall be one year
for 1/2 of the total number of committee members rounded down. (e.g.,
a committee of nine would have initial terms of two years for five
members and initial terms of one year for four members).
F.
The
Board of Commissioners may renew the term of a citizen advisory committee
member up to two times for a total of three consecutive terms; i.e.,
nine years.
G.
Citizen
advisory committees serve at the pleasure of the Board of Commissioners
and may be abolished by a majority vote of the Board of Commissioners.
A.
The
Board of Commissioners by majority vote shall annually appoint the
chair and vice chair for each citizen advisory committee it establishes
or may, in the resolution creating the committee, delegate to the
advisory committee the selection of a chair and vice chair.
[Amended 8-9-2021 by Ord.
No. 2021-13]
B.
Each
citizen advisory committee will select its own recording secretary.
The recording secretary shall take minutes of the public meetings,
record them in a minute book and forward copies of the meeting minutes
to the Board of Commissioners within 10 days after a meeting.
C.
When
establishing a citizen advisory committee, the Board of Commissioners
may establish a meeting schedule or a minimum number of times the
committee must meet per year; otherwise, a committee shall meet at
least four times a year.
D.
A
citizen advisory committee may be aided from time to time by experts
or advisors in their particular area of study. No expert, advisor
or consultant shall be contracted without the express consent of the
Board of Commissioners.
E.
While
a citizen advisory committee is not subject to the Pennsylvania Sunshine
Act,[1] all meetings of a citizen advisory committee should be
open to the public and should provide an opportunity for public comment,
subject to reasonable rules and regulations. The date, time and location
of meetings for citizen advisory committees should generally be available
to the public. This could include posting the meetings on the Township
website, placing them in the Township's newsletter or announcing them
at a Board of Commissioners' meeting. In addition, all meeting minutes
of a citizen advisory committee and any official reports, findings
or recommendations shall be available for review and copying by the
public.
[1]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
F.
The
chair, vice chair or an authorized member of a citizen advisory committee
shall provide an update to the Board of Commissioners every 90 days
during one of the Board of Commissioners' regularly scheduled public
meetings on the committee's activities and any findings or recommendations
it may have.
G.
The
Board of Commissioners shall have the authority to take whatever action
it deems appropriate to address an advisory committee that fails to
comply with the provisions of this chapter. This chapter does not
create a cause of action or otherwise vest any statutory or legal
rights in the public or in a third party to enforce its provisions
should an advisory committee fail to comply with any provision of
this chapter.
A.
The
objective of a citizen advisory committee is to examine a public issue
identified by the Board of Commissioners by meeting over an extended
period of time to examine the issue in order to develop policy recommendations
or proposals for the Board of Commissioners to consider.
B.
A
citizen advisory committee should seek to incorporate the following
principles in its advisory committee role:
(1)
Have broad-based input from Township citizens into planning and decision-making
on the issue it has been authorized to address;
(2)
Develop recommendations based on a focused examination of issues;
(3)
Provide a forum for in-depth and focused involvement and input from
a wide range of stakeholders, ideas and perspectives;
(4)
Welcome various perspectives and ideas;
(5)
Promote public participation by the citizens of Manheim Township;
(6)
Operate transparently, ethically and in the best interest of the
public.
C.
Township
staff shall work with the chair or vice chair of a citizen advisory
committee to respond to reasonable document and material requests,
subject to limitations for certain personnel and legal-related matters
or other material that is confidential.
D.
Citizen
advisory committees are strictly advisory in nature and have no decision-making
authority and are prohibited from incurring expenses, making payments,
entering contracts, leases or obligations or otherwise binding the
Township without the expressed consent of the Board of Commissioners.
