[11-10-2022 by Ord. No. 8423]
The legislative power of the City government shall be vested
in and exercised by the Council, except as may be otherwise provided
by general law. All powers of the City, including any such power which
may hereafter be conferred on the City by amendment of the Constitution
of the United States or of the Constitution of Pennsylvania or by
act of the General Assembly or of this Charter unless otherwise specifically
set forth in this Charter, shall be vested in the Council. The Council
members shall be elected, shall organize and shall function as provided
in the Charter.
[11-10-2022 by Ord. No. 8423]
(a) Only registered voters of the City who have resided in the City for
a period of one year before the primary election in which the person
is a candidate and be at least 18 years of age shall be eligible to
hold the office of Council member. All Council members must retain
residency in the City during their terms of office. If during a term
of office a Council member moves out of the City, s/he forfeits that
position on Council.
(b) No officer of the United States or of the Commonwealth of Pennsylvania
(except notaries public or officers of the militia), nor any county
officer, nor any officer of any school district embraced in the territory
of the City, nor any officer or employee of the City, or any department
thereof, nor any member or employee of a municipal authority of which
the City is a member, shall serve as a Council member during such
service or employment, except as may be otherwise provided by general
law.
(c) Elected or appointed members of the Council may be elected and serve
on government study commissions and the Home Rule Charter Review Committee.
[11-10-2022 by Ord. No. 8423]
(a) Composition. The City shall be governed by a seven-member Council,
elected at large to staggered four-year terms, one of whom shall be
the Mayor. The Mayor shall be independently elected at large and shall
be the presiding officer of the Council and the official representative
for the City.
(b) Deputy Mayor. The Council shall select a Deputy Mayor from among
its members to perform the presiding officer duties in the absence
or disability of the Mayor.
(c) Election and terms. The regular election of Council shall be held
at the municipal election in the manner provided by the State Election
Code. Three Council members shall be elected at one municipal
election and three Council members at alternate municipal elections.
The initial elections to transition to the six Council members is
detailed in § 12.3 of the Charter. Each of the Council members
elected after the initial election shall serve for a term of four
years and until their successor has been seated. The terms of Council
members shall begin on the first Monday of January of the year after
their election.
[11-10-2022 by Ord. No. 8423]
(a) The Council member, prior to assuming office, shall take and shall
sign an oath of office as shall from time to time be prescribed by
the laws of the Commonwealth of Pennsylvania.
(b) The Council shall meet and organize itself during the first week
of January of each even-numbered year.
(c) Special meetings may be held upon the call of the Mayor, Deputy Mayor
in his/her absence or disability or upon the written request of three
or more members of Council to the City Administrator, provided that
at least 24 hours' notice is given to each member of the Council
and public notice has been provided as required under the Sunshine
Law, or pursuant to any successor law.
(d) The Council shall determine its own rules and order of business and
shall provide for the keeping of minutes of its proceedings. The minutes
of Council shall be a public record.
(e) All voting of Council shall be public.
(1)
Each member of the Council in attendance is required to cast
an affirmative or negative vote unless there is a written conflict
of interest stated prior to the vote.
(2)
If by voting a member of the Council would be violating the
laws of the Commonwealth of Pennsylvania, the member of the Council
may abstain and must announce his/her reason for doing so prior to
the vote. If a member of the Council abstains for other reasons not
required by law, she/he must state the reason why. If a member of
the Council abstains from a vote without stating a reason therefor,
or if said reason is not a valid reason for abstaining, said abstention
shall be considered and recorded as an affirmative vote.
(3)
Voting shall be by roll call vote and shall be recorded in the
minutes.
(4)
Four members of the Council shall constitute a quorum for official
business.
(5)
For resolutions and motions, the action of a majority of Council
present and entitled to vote, unless otherwise stated, shall be binding
upon and constitute action of Council.
(6)
Ordinances shall be enacted by a majority of Council present subject to §
115.07.
[11-10-2022 by Ord. No. 8423]
Compensation of Council members, in the form of a salary, may
be changed by ordinance no later than February 15 of the year of a
municipal election. The new salary shall become effective on the date
that the Council member takes office. Until such time as the annual
compensation of Council members is changed in accordance with this
section, said compensation will continue at the rate in effect at
the time of the adoption of the Charter. Council members shall receive
no other compensation, direct or indirect, for the performance of
their duties: they shall receive no pensions, insurance, health benefits
or other forms of fringe benefits. They shall, however, be entitled
to their actual expenses incurred in the performance of their duties.
[11-10-2022 by Ord. No. 8423]
The following are Council powers and responsibilities:
(a) To adopt an Administrative Code within one year after the Charter
is approved by vote of the electorate and certified by the Lawrence
County Office of Elections, establishing and defining the responsibilities
of City departments, agencies and offices as well as procedures as
it shall deem to be of basic importance in the proper and efficient
operation of the City government. Council shall have the continuing
authority thereafter by amendment of the Administrative Code to make
changes in departmental, personnel and administrative procedures,
to create, abolish or alter any department, board, commission, agency
or position, except as may be required by law or the Charter to the
extent that such matters are not inconsistent with the Charter and
with existing applicable laws.
(b) To enact, amend, or repeal all ordinances and resolutions, provided
they do not conflict with the Charter or the laws of the commonwealth.
(c) To appoint or remove the City Administrator and City Solicitor in
accordance with the provisions of the Charter.
(d) To approve the appointment of Department Directors as recommended
by the City Administrator.
(e) To make appropriations, incur indebtedness, and adopt the annual
budget of all City funds and a capital budget.
(f) To make or cause to be made special studies or post-audits as it
deems to be in the best interest of the City.
(g) To hold public hearings on any matter.
(h) To appoint committees or commissions of its own members or of citizens
to conduct inquiries and investigations into the conduct of any officer,
department, commission, authority, or agency or any matter relating
to the welfare of the City and shall delegate to such committees or
commission such powers of inquiry as the Council may deem necessary.
(i) To compel the attendance of witnesses and the production of books,
records, papers, documents or any other evidence at any meeting of
the Council or any committee thereof, and for that purpose may issue
subpoenas signed by the Mayor. Any person called as a witness as provided
in this section shall testify and be examined under oath, which shall
have been administered by the presiding officer of Council or the
committee involved.
(j) To fix the amount of fidelity bonds for officers and employees paid
from municipal funds.
(k) To adopt by resolution or motion policies, rules and regulations
for its conduct and procedures governing the management and administration
of the City.
(l) To make provision for any matter of City government not otherwise
provided for, including but not restricted to any necessary matter
involved in the transition to the Home Rule Charter form of government.
[11-10-2022 by Ord. No. 8423]
The City shall offer to Council members the opportunity to attend
a newly elected officials training course or equivalent offered by
a local government training organization and participate in continuing
education relative to their duties and responsibilities throughout
their tenure. The cost of such training shall be borne by the City.
[11-10-2022 by Ord. No. 8423]
(a) No elected official shall hold any elected or appointed City office
other than the one to which s/he was elected or appointed.
(b) No elected official shall hold any compensated position of City employment.
(c) Elected officials of the City shall not accept gifts from any persons
who may gain personally from any transaction with the City.
(d) Members of the Council may not direct any employee and/or official
of the City and must act with Council, as a body, to direct the appointed
City Administrator.
[11-10-2022 by Ord. No. 8423]
(a) The office of Council member shall become vacant upon death, resignation,
removal from office in any manner authorized by law or by the Charter
or by forfeiture of office.
(b) A Council member shall forfeit his/her office if she/he lacks at
any time during her/his term of office any qualifications for the
office prescribed by the Charter or by law.
(c) Council shall declare the office vacant at least 10 days before the
office shall be filled by appointment. The Council shall, by the vote
of a majority of the remaining members of the Council, fill such vacancy
within 45 days therefor, by electing a qualified person to serve until
that first Monday of January when her/his successor, who shall have
been elected by the qualified voters at the next municipal election
held at least 60 days after such vacancy occurs, is duly sworn into
office for the remainder of the term of the person originally elected
to said office. If Council fails to fill a vacancy on the Council
within 45 days of the occurrence of the vacancy, then the Lawrence
County Court of Common Pleas shall, upon petition of 10 or more qualified
electors, fill such vacancy by the appointment of a qualified person
for the portion of the unexpired term as above provided.
(d) If the number of Council be comes less than a quorum, then the remaining
members of the Council shall fill the vacancies on Council one at
a time so that any newly appointed member will participate in a vote
to fill remaining vacancies on Council and shall do so in the manner
set forth in the Charter.