Article 111 Council

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.

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.

§ 111.03 Council members; number, election and term.

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]

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.

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.

Election and terms. The regular election of Council shall be held at the municipal election in the manner provided by the State Election Code.[1] 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.

[1]

Editor's Note: See 25 P.S. § 2600 et seq.

§ 111.04 Organization of Council.

[11-10-2022 by Ord. No. 8423]

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.

The Council shall meet and organize itself during the first week of January of each even-numbered year.

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,[1] or pursuant to any successor law.

[1]

Editor's Note: See 65 Pa.C.S.A. § 701 et seq.

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.

§ 111.05 Salary.

[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.

§ 111.06 Powers and duties.

[11-10-2022 by Ord. No. 8423]

The following are Council powers and responsibilities:

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.

To enact, amend, or repeal all ordinances and resolutions, provided they do not conflict with the Charter or the laws of the commonwealth.

To appoint or remove the City Administrator and City Solicitor in accordance with the provisions of the Charter.

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.

§ 111.07 Continuing education.

[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.

§ 111.08 Prohibitions.

[11-10-2022 by Ord. No. 8423]

No elected official shall hold any elected or appointed City office other than the one to which s/he was elected or appointed.

No elected official shall hold any compensated position of City employment.

Elected officials of the City shall not accept gifts from any persons who may gain personally from any transaction with the City.

§ 111.09 Vacancies and forfeiture of office.

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]

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.

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.

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.