The Council shall be the legislative, policy-making and goal-setting body of the Municipality. It is the intent of this Article that the Council members shall act in all matters as a body and shall have equal authority except as otherwise specifically provided.
There shall be a Municipal Council of five (5) members consisting of a Mayor and four (4) other members elected at large.
The Mayor and the other four (4) members of Council shall be citizens of the United States, and shall have attained the age of eighteen (18) years, and shall have been residents of the Municipality for at least one (1) year. All criteria shall be applicable as of the last day for filing nomination petitions for the primary election in which they seek nomination.
The terms of the Mayor and the other four (4) members of Council shall be for four (4) years, commencing at 8:00 p.m. on the first Monday of January following the year in which they were elected. They shall continue in office until their successors are elected and qualified or appointed. If, for any reason, an elected successor fails to qualify for office, that member of Council receiving the highest number of votes when elected shall have the first option to hold over until the office is filled in accordance with this Charter.
The election of the Mayor and the other four (4) members of Council shall be held on the general municipal election day as established from time to time by the laws of the Commonwealth of Pennsylvania, commencing in the year 1975. At the first election under this Charter, the Mayor and the other four (4) members of Council shall be elected. The Mayor and the two (2) members of Council receiving the greatest number of votes shall serve for terms of four (4) years; the two (2) candidates receiving the next greatest number of votes shall serve for terms of two (2) years. Thereafter, members of Council shall be elected for full four (4) year terms.
The procedure for nomination and election of the Mayor and the other four (4) members of Council shall be in accordance with the general laws of the Commonwealth of Pennsylvania for municipal elections.
The Mayor and the other members of Council, prior to assuming office, shall take and sign an oath of office as shall from time to time be prescribed by the laws of the Commonwealth of Pennsylvania. Such oath may be taken and signed before any judge, justice of the peace, or notary public of the Commonwealth of Pennsylvania, and no person shall be permitted to assume such office until the oath, in written form, is filed with the Municipality.
The Mayor shall receive compensation of $4,800.00 per annum, and each other member of Council shall receive compensation of $3,600.00 per annum or such other sum as the Council shall from time to time ordain; provided, however, that such compensation shall not be increased or decreased during the term for which any of said officials were elected or appointed. No ordinance increasing or decreasing compensation shall be adopted less than ten (10) months prior to an election at which the office of Mayor or Member of Council will be on the ballot. Members of Council shall receive no other compensation, direct or indirect, for the performance of their duties. They shall not participate in employee pension plans or insurance programs for the benefit of Municipal employees, except, however, that nothing in this section shall preclude the right of the Municipality to provide accident and health insurance or liability insurance coverage for members of Council when on Municipal business, or when in the performance of their official duties, limited to the duration of their term. Members of Council shall be entitled to reimbursement for actual expenses incurred provided that the expenditure:
a. 
Is related to the performance of official duties; and
b. 
Was authorized in advance by Council at a public meeting; and
c. 
Is included in an itemized list presented prior to payment.
The Office of Mayor or Member of Council shall become vacant upon death, resignation, nonresidency, removal from office in any manner authorized by law or this Charter, or forfeiture of office, or for failure to assume such office for any reason, after election thereto within forty-five (45) days after the commencement of the term thereof. A member of Council or the Mayor shall forfeit office if he or she:
a. 
Lacks at any time any eligibility factor for office as prescribed by this Charter;
b. 
Violates any of the prohibitions in Section 16 of this Article or Article XIX;
c. 
Is convicted of a felony or a crime involving moral turpitude;
d. 
Fails to attend three (3) consecutive stated monthly meetings of Council unless excused by Council.
e. 
Is found to have committed an act or acts which constitute malfeasance in office, misfeasance in office, or violation of the oath of office. For purposes of this Section:
(1) 
"Malfeasance in office" means an unlawful act committed willfully by any elective public officer;
(2) 
"Misfeasance in office" means the fulfillment of a statutorily imposed duty in an unlawful or improper manner by an elective public officer;
(3) 
"Violation of the oath of office" means the neglect or failure by an elective public officer to perform faithfully a duty imposed by law.
When forfeiture occurs by reason of nonattendance, Council shall declare the office vacant at a public meeting held at least ten (10) days before appointing a successor. (Amended May 17, 1977)
a. 
If two (2) or less vacancies occur on Council, for any reason set forth in this Charter, except for vacancies caused by a recall election or by forfeiture of office under subsection b, c or a of Section 8 of this Article, the remaining members of Council shall fill each such vacancy by appointing a person eligible under the Charter to hold such office. If the vacancy occurs 120 days prior to the next general Municipal election, the appointee shall hold the office until the end of the year in which the next general Municipal election occurs. The vacant position shall be filled through the election process at the next general Municipal election for the remainder of the unexpired term. If the vacancy occurs less than 120 days prior to the next general Municipal election, the appointee will hold the office until the end of the year in which the general Municipal election occurs following the year of the appointment, or for the unexpired term, whichever occurs first.
b. 
Should Council fail to fill the vacancy within forty-five (45) days after the vacancy occurs, or should a vacancy occur by a recall election or by forfeiture of office under subsection b, c or a of Section 8 of this Article, or should three (3) or more vacancies exist, the Court having proper jurisdiction shall, upon petition of the remaining members of Council or with any five (5) electors of the Municipality, fill the vacancy or vacancies by appointment of an eligible Penn Hills resident in the procedure set forth under Article III, Section 9, subsection a. If three (3) or more vacancies exist, the Court may order a special election to fill vacancies until the next general Municipal election, provided the special election is held more than ninety (90) days prior to the next general Municipal election. (Amended November 6, 1984)
a. 
The Council shall be the judge of the election and eligibility of its members.
b. 
Except for alleged forfeitures of office under subsection b. or e. of Section 8 of this Article, the Council shall be the judge of the grounds for forfeiture of their office and for that purpose shall have the power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office on grounds other than that set out in subsections b., c., d. or e. of Section 8 shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one (1) or more newspapers of general circulation in the Municipality at least one (1) week in advance of the hearing. Decisions made by the Council under this Section shall be subject to review by the Court of Common Pleas of Allegheny County.
c. 
The Court of Common Pleas of Allegheny County shall have jurisdiction and be the judge of the grounds for forfeiture of office where a complaint in writing by at least one hundred (100) registered electors of the Municipality is filed with the Court alleging forfeiture of office under subsections b. or e. of Section 8 of Article III of this Charter. The Court shall issue upon such officer or officers named an order to show cause why their office or offices should not be declared vacant and another appointed in their stead. (Amended May 17, 1977)
All powers of the Municipality shall be vested in Council, except as otherwise provided by law or this Charter, and the Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the Municipality by law.
The Mayor shall be recognized as the head of the Municipal government, shall preside at the meetings of the Council, and shall have a voice and a vote in all matters before Council. In addition, the Mayor shall have the following powers and duties:
a. 
Represent the Municipality in deliberations with other governmental bodies;
b. 
Have the authority to negotiate intergovernmental cooperative agreements which shall be subject to the final ratification of Council. The Mayor shall give prior notification to Council of any intent to negotiate such agreements and shall provide Council with periodic reports of the negotiations.
c. 
Appoint, with the advice and consent of the Council:
(1) 
The Municipal Manager. The appointment of the Manager shall require the approval of four-fifths (4/5) of the entire Council.
(2) 
The Municipal Attorney;
(3) 
Members of any boards, commissions and authorities which are established under the provisions of this Charter or which may, from time to time, be established by the Council, except as otherwise provided for by law or this Charter;
d. 
Report, on behalf of Council, to the public from time to time regarding the state of affairs of the Municipality;
e. 
Execute or authenticate by signature such instruments as the Council, this Charter, or any State or Federal law shall require;
f. 
Be recognized, by the Governor, as the head of government for purposes of martial law, and any powers that the Council may establish by ordinance to resolve emergencies shall devolve upon the Mayor;
g. 
Prepare, in consultation with the other members of Council and the Manager, an annual report on behalf of the Council. The Mayor shall annually, in public session, make a report to the community which will recount the accomplishments of the preceding year, set forth the problems and prospects facing the community, and outline future plans for the Municipality.
At its organization meeting the Council shall elect, from among its members, a Deputy Mayor. The Deputy Mayor shall exercise the powers and duties of the Mayor during the absence or disability of the Mayor. When the office of Mayor shall become vacant for any of the reasons provided for under this Charter, that office shall be filled by the Deputy Mayor for the unexpired term of the Mayor. Upon assuming the office of Mayor, the office of the Council member so doing shall become vacant and shall be filled as prescribed by Article III, Section 9. (Amended November 6, 1984)
a. 
Inquiries and Investigations. The Council shall have the power, by resolution, to authorize inquiries-and investigations to be conducted by the entire body or by any of its committees in aid of its legislative powers and functions.
b. 
Witnesses and Documents. The Council may compel the attendance of witnesses and the production of books, papers or other evidence at any meeting of the Council or any committee thereof, and for that purpose may issue subpoenaes, signed by any member of Council, and cause the same to be served in any part of the Commonwealth of Pennsylvania.
c. 
Oaths of Witnesses. The member of Council presiding at any meeting held pursuant to this Section shall have the power to administer oaths to witnesses.
d. 
Witness Fees. No person subpoenaed as aforesaid shall be required to respond to the same until mileage and witness fees, equal to those then established by the General Assembly, shall have been first furnished to the witness.
e. 
Subpoenaes; Fine for Violation. If any person shall refuse or neglect to obey any subpoena issued by the Council, that person shall, upon conviction thereof at a summary proceeding, be sentenced to pay a fine as may be ordained, and in default of the payment of such fine and costs shall be imprisoned not to exceed thirty (30) days.
f. 
Subpoenaes; Court Proceedings. If any person shall refuse or neglect to obey any subpoena issued by the Council, Council may apply by petition to the Court of Common Pleas for its subpoena, requiring the attendance of such persons before the Council or the court.
a. 
The Council shall provide for an independent annual audit of all Municipal accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the Municipal government or any of its officers. The Council may designate such accountant or firm annually or for a period not exceeding three (3) years, provided that the designation for any particular fiscal year shall be made no later than thirty (30) days after the beginning of such fiscal year.
b. 
The auditors shall audit, settle and adjust the accounts of all Municipal officers and other officers and persons receiving and disbursing or authorizing the disbursement of the moneys of the Municipality during the preceding fiscal year.
c. 
The auditors may issue subpoenaes to obtain the attendance of officers and persons whose accounts they are required to adjust, their executors and administrators and any other persons whom it may be necessary to examine as witnesses and compel their attendance by attachment and may also compel the production of all books, vouchers and papers relevant to such accounts. Such subpoena and attachment shall be issued by a justice of the peace and be served and executed by a Municipal constable or other proper officer.
The auditors may administer oaths and affirmations to all persons appearing before them, and all persons guilty of swearing or affirming falsely shall be liable to indictment and punishment for perjury.
d. 
The auditors shall complete their audit settlement and adjustment and file copies thereof with the Municipal Manager and the Department of Community Affairs and the Pennsylvania Department of Transportation not later than ninety (90) days after the end of the fiscal year. Said report shall also show a complete statement of the financial condition of the Municipality, giving in detail the actual indebtedness, the amount of the funded debt, the amount of the floating debt, the valuation of taxable property therein, the assets of the Municipality, with the character and value thereof and the date of maturity of the respective forms of funded debt thereof.
e. 
The amount of any balance or shortage, or of any expenditure of a fund, or made in a manner, prohibited, or unauthorized by law, which causes financial loss to the Municipality, shall be a surcharge against any officer against whom such balance or shortage shall appear, or who by vote, act or neglect, has permitted or approved such expenditure.
f. 
The auditors shall cancel all orders and vouchers presented to them which they find have been paid by writing or stamping the word "audited" on the face thereof.
g. 
The auditors shall within ten (10) days after completion of their audit publish by advertisement in at least one (1) newspaper of general circulation in the Municipality a concise financial statement of Municipal fiscal matters such as to comply with the provisions of all acts of the General Assembly relative thereto.
h. 
It shall be lawful for the Municipality or any taxpayer thereof, on its behalf, or any officer whose account is settled or audited, to appeal from the settlement or audit, as shown on the auditors report, to the Court of Common Pleas of the County, not later than sixty (60) days from the date of publication referred to in the preceding subsection.
Whenever an appeal has been taken as aforesaid, any taxpayer of the Municipality may intervene in such appeal to prosecute the same on behalf of the Municipality or defend it against the appeal of the person charged with any sum.
i. 
Any balance, in any report of the auditors, against any officer of the Municipality shall constitute a surcharge and, unless appeal is taken as heretofore provided, the auditors shall cause the same to be entered in the office of the Prothonotary as a judgment against such officer in favor of the Municipality.
j. 
Judgments entered by the auditors or the Court, after hearing on appeal, may be enforced by appropriate proceedings, by the party prevailing.
a. 
Holding Other Office. No member of Council shall hold any other elective office in the Municipal government, the School District of Penn Hills, the County of Allegheny, or the Commonwealth of Pennsylvania, during the term for which the member of Council was elected. This does not preclude a person serving a political party as a committee person from seeking office. However, if elected, this person must resign the committee position.
b. 
Employment. No member of Council shall be in the employment of the Municipal government of Penn Hills or the government of Allegheny County. In addition, no member of Council may accept employment, or serve as a paid consultant with the Municipal government of Penn Hills for a period of at least one (1) year following expiration of term.
c. 
Membership on Boards, Commissions or Authorities. No member of Council shall be an appointed member of any board, commission or authority of the Municipality during the member's term of office.
d. 
Interference with Administration. Except for the purpose of inquiries and investigations, the Council or its members shall deal with Municipal officers and employees who are subject to the direction and supervision of the Manager solely through the Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately.