All elected officials of the City shall, on or before January
15, of every year during their term of office, file a disclosure,
as of January 1 of that year, with the controller, which shall be
available for public inspection and shall contain the following information:
a.
the names
of all business or non-profit corporations, associations, partnership,
joint ventures, estates, proprietorships, trusts business activities
and organizations, other than religious organizations and religious
corporations:
1.
with
which the official has any connection as an owner, officer, employee,
consultant, contractor, creditor, shareholder, member, partner, joint
venture, trustee, beneficiary or participant; or
2.
in
which the official has any financial or property interest in any form,
whether a legal interest or equitable interest or otherwise: stating
as to each name, the nature of the connection or interest:
b.
a brief
description of all legal and equitable interests of any degree in
real property held by the official;
c.
a statement
of the remaining amounts of any funds and contributions related to
the officials most recent nomination and election, and by whom and
how held; and
d.
the names
of all creditors of the official and debts as to which the official
is co-signer, surety or guarantor in excess of $1,000.
In connection with every election city office, each candidate
for nomination or election, and every treasurer of a political committee
or person acting as treasurer, shall file a public preliminary account
or receipts and expenses five days prior to the election. The preliminary
account shall be in the same form and contain the same information
as required by law to be filed following an election except that the
information shall be provided as of a time seven days prior to election.
The office of any elected official shall become vacant upon
death, resignation or upon removal from office in any manner authorized
by law or this charter or upon forfeiture or failure for any reason
to assume office within forty-five days after commencement of the
term.
Elected officials of the City shall forfeit their office if
they:
a.
at any
time during their term lack any qualification for the office prescribed
by this charter or by law, or
b.
are convicted
of first degree murder or felony of the first or second degree as
set forth in the penal code of this Commonwealth and all appellate
remedies exhausted, or
Council shall by ordinance, determine the penalty for any violation
of any provision of this charter except where the charter expressly
provides a penalty.
Every elected official or officer pursuant to impeachment proceedings
may be impeached, suspended or removed from office in the event of
mental incapacity, incompetency, neglect of duty malfeasance, mismanagement
or for any corrupt act or practice.
Impeachment proceedings may be initiated by presentation of
a written petition to the Court of Common Pleas signed by at least
twenty qualified electors who reside in the City. If in the opinion
of the court, reasonable grounds are set forth in the petition, the
court shall appoint a citizen investigating committee to make a written
report to the court. If the committee reports the charges well founded,
council shall sit as a court and the president judge of the Court
of Common Pleas shall preside. Except in cases where the city solicitor
or the mayor is accused, the city solicitor shall act as prosecuting
attorney. If the City solicitor or the mayor is accused, or the city
solicitor is unable to serve as prosecuting attorney, the solicitor
for the controller shall act as prosecuting attorney. The decision
shall be filed in the Court of Common Pleas. If the accused is found
guilty of any charge specified, the court shall enter an appropriate
judgment and declare the accused's office vacant.
In any case where an elected official, officer, or unit of government
has the power to conduct public hearings the elected official, officer
or unit of government shall the authority to issue subpoenas for the
attendance of witness and to compel testimony and the production of
documents and other evidence. The subpoena shall issue in the name
of the City and shall be signed by the elected official, officer or
presiding officer of the unit of government. Any witness who refuses
to obey a subpoena, or who refuses to testify under oath or affirmation,
may be cited for contempt in any Court of Common Pleas having jurisdiction.
The executive branch shall conduct and maintain an annual inventory
of all city property which shall be readily accessible to all units
of government.
City records, the disclosure of which would invade a person's
right to privacy, hinder law enforcement, endanger the public safety,
or breach a legally recognized duty or confidence or the nondisclosure
of which is legally privileged, or which have been prepared for or
by the city solicitor for use in actions or proceedings to which the
City is or may be a party, shall not be available for public inspection.
All other city records shall be open for public inspection, but the
officer, unit head, board or commission or other governmental agency
of the City having the care and custody of such records may make reasonable
regulations governing the time, place and manner of their inspection.
For the purposes of preservation, copies of city records may be substituted
for inspection in lieu of original records.
In the event this charter cannot take effect in its entirety
because of the judgment of any court of competent jurisdiction holding
invalid any provision, the remaining provisions of the charter shall
be given full force and effect as completely as if the provision held
invalid were not included.
Subject to pertinent enabling legislation authorizing a home
rule charter, this charter shall supersede any existing charter and
all acts or parts of acts, local special or general and all ordinances
and resolutions of the City to the extent that they are inconsistent
or in conflict with this charter. All existing acts of parts of acts
and ordinances affecting the organization, government and powers of
the City, not inconsistent or in conflict with this charter shall
remain in full force and shall be construed as if enacted under this
charter, but as of the date of their original enactment. No contract
existing on the effective date of this charter shall be affected by
it. Council by ordinance or resolution may supersede any act of the
general assembly insofar as permitted by pertinent enabling legislation
and this charter.
This charter shall become effective on the first Monday of January
1976, except in the following particulars:
a.
Members
of council shall be elected in 1975 under the provisions of this charter,
and for that purpose all sections of this charter relating to election
of members of council shall become effective immediately upon the
adoption of this charter by the electors.
b.
Council
seats filled in the 1973 municipal election which become vacant for
any reason after the adoption of this charter shall be filled in accordance
with the provisions of this charter except for the first vacancy which
shall remain unfilled.
c.
Appropriations
shall be made for the year 1976 so as to implement fully the provisions
of this charter. Council shall as promptly as possible adopt any legislation
necessary to implement all provisions of this charter.
