[HISTORY: Adopted by the Borough Council of the Borough of
Downingtown 12-1-2021 by Ord. No. 2021-03. Amendments noted where applicable.]
The purpose of this chapter is to authorize Borough Council
to establish citizen-oriented advisory committees that will review,
research, analyze, discuss and make recommendations to Borough Council
on specific topics, areas, needs or issues that Borough Council determines
to be important to the overall health, safety and welfare of the Borough.
A citizen advisory committee shall furnish information and recommendations
to Borough Council but shall not have any actual or de facto decisionmaking
authority.
A.
Borough Council 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 determines the Borough would benefit
by engaging the various skills and expertise of its citizens in addressing
current and future needs of the Borough.
B.
Each citizen advisory committee created shall be effective upon the
adoption by Borough Council of a resolution establishing: i) the name
and purpose of the advisory committee; ii) the number of members to
serve on the advisory committee; iii) the frequency with which the
advisory committee shall meet; iv) the information, report, recommendation,
or other deliverable product, if any, the advisory committee is instructed
to provide to Borough Council; and v) whether the advisory committee
is to be a standing committee or an ad hoc committee that is to exist
for a specific and finite period of time. Unless Borough Council establishes
an end date for an advisory committee, the advisory committee shall
continue to exist until Borough Council takes official action to dissolve
the advisory committee.
C.
Each advisory committee shall consist of an odd number of members
having no less than five and no more than nine members.
D.
Borough Council shall appoint the members of an advisory committee
by a majority vote. All but one member of an advisory committee shall
be a resident of Downingtown Borough, or an owner of property or business
in Downingtown Borough, Chester County, Pennsylvania. Borough Council
may appoint one member to an advisory committee who is not a resident
of Downingtown Borough or an owner of property or a business in Downingtown
Borough, where this member can provide expertise, knowledge, or experience
that Borough Council deems to be particularly helpful to the advisory
committee.
E.
The term for members of a standing advisory committee shall be three
years. The term for members of an ad hoc advisory committee that will
exist for less than three years will be for the duration of that ad
hoc advisory committee. Upon the establishment of a standing committee,
the initial terms for members shall be staggered as set forth below,
with any future terms thereafter being set for three years.
(1)
On a standing committee of five members, two members shall be appointed
to a three-year initial term, two members shall be appointed to a
two-year initial term, and one member shall be appointed to a one-year
initial term.
(2)
On a standing committee of seven members, three members shall be
appointed to a three-year initial term, two members shall be appointed
to a two-year initial term, and two members shall be appointed to
a one-year initial term.
(3)
On a standing committee of nine members, three members shall be appointed
to a three-year initial term, three members shall be appointed to
a two-year initial term, and three members shall be appointed to a
one-year initial term.
F.
Borough Council may renew the term of a standing advisory committee
member up to two times, for a total of three consecutive terms.
G.
Advisory committees serve at the pleasure of the Board of Commissioners
and may be dissolved at any time by a majority vote of Borough Council.
A.
Borough Council shall annually appoint by majority vote the Chair
and Vice Chair for each advisory committee it establishes.
B.
Each advisory committee will select its own recording secretary.
The recording secretary shall take minutes of the public meeting and,
once approved by the advisory committee, forward copies of the approved
meeting minutes to Borough Council and the Borough Secretary.
C.
When establishing an advisory committee, Borough Council may establish
a meeting schedule or a minimum number of times the advisory committee
must meet per year; otherwise, an advisory committee shall meet at
least four times a year.
D.
An 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 Borough
Council.
F.
The Chair, Vice Chair or an authorized member of the advisory committee
shall provide an update to Borough Council every 90 days during a
regularly scheduled meeting of Borough Council on the advisory committee's
activities and any findings or recommendations it may have.
G.
Borough Council 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 a third party to enforce its provisions should
an advisory committee fail to comply with any provision of this chapter.
A.
The objective of an advisory committee is to examine a public issue
identified by Borough Council in order to develop policy recommendations
or proposals for Borough Council to consider.
B.
An advisory committee should seek to adopt the following principles:
(1)
Accept and incorporate broad-based input from Borough citizens into
its planning and decisionmaking.
(2)
Develop recommendations based on a focused examination of the issue(s)
at hand.
(3)
Provide a forum for in-depth and focused involvement and input from
a wide range of community stakeholders and perspectives.
(4)
Promote public participation by Downingtown Borough residents.
(5)
Operate transparently, ethically, and in the best interest of the
Borough and its residents.
C.
Borough staff may work with the Chair or Vice Chair of an advisory
committee to respond to reasonable requests from the advisory committee
for Borough documents and information but is not required to provide
any document or record that would not otherwise be available to the
general public under Pennsylvania's Right to Know Law. [1]
[1]
Editor's Note: See 65 P.S. § 67.101 et seq.
D.
Advisory committees are strictly advisory in nature, have no decisionmaking
authority, and are prohibited from incurring expenses, making payments
entering into contracts, leases, obligations otherwise binding itself
or the Borough without the express consent of Borough Council.
