Article THREE THE COUNCIL

Eligibility. Only qualified voters of the borough shall be eligible to hold the office of Councilmember. A councilmember shall have been a citizen of the United States and a resident of the borough for a continuous period of one year immediately prior to the date of filing for election and shall remain a resident of the borough during the entire term.

Terms and Elections. The term of office of elected officials shall be four years. Municipal elections will be held in the odd numbered years. Three members of council will be elected at-large every two years. Every four years a mayor will be elected as stated in Section 3.3(b). Council members filling an unexpired term will hold the seat until the next general municipal election and can be candidates in that election.

Composition. There shall be a Borough Council composed of seven members. Beginning January 1, 2022, and continuing thereafter, one of the Council members shall be the mayor.

Council Training. The Borough is committed to the best practices of municipal governance, innovation and administration, including those related to ethics, finances, budgeting, public safety, infrastructure, human resources, planning and development, and current issues facing the Borough. To achieve these goals, councilmembers including the mayor shall complete training on the best practices of municipal governance and administration. The Borough shall provide Councilmembers with available training. Training shall consist of a minimum of eight contact hours of instruction for new councilmembers and councilmembers who have been re-elected. Council members shall provide the Borough Clerk with a copy of any training certification upon completion, which shall be filed with the Borough Clerk.

Section 3.3 Office of Mayor.

[Amended 7-31-2025 by Ord. No. 1663]

Mayor Elected At Large. The voters of the Borough shall elect a mayor at large for a term of four years. The council shall elect from among its members a deputy mayor who shall act as mayor during the absence or disability of the mayor and, if a vacancy occurs, shall become mayor for the remainder of the unexpired term. Once the vacant council position is filled in accordance with Section 3.6, Council shall elect a new deputy mayor.

Power and Duties. Beginning January 1, 2022, the mayor shall be a voting member of the Borough Council and shall attend and preside at meetings of the council, appoint with the advice and consent of the council the members of citizen advisory boards and commissions, present an annual State of the Borough message, appoint the members and officers of council committees, assign subject to the consent of council agenda items to committees, and perform other duties specified by the council. The Mayor shall be recognized as head of the Borough government for all ceremonial purposes and by the governor for purposes of military law but shall have no administrative duties.

Section 3.4 Compensation; Expenses.

[Amended 7-31-2025 by Ord. No. 1663]

The Borough Council may determine the annual salary of the mayor and council members by ordinance, but no ordinance increasing such salary shall become effective until the date of commencement of the terms of council members elected at the next regular election. The mayor and council members shall be reimbursed for all authorized business expenses approved by the council.

Section 3.5 Prohibitions.

[Amended 7-31-2025 by Ord. No. 1663]

Holding Another Office. Except where authorized by law, no council member shall hold any other elected public office during the term for which the member was elected to the council. No council member shall hold any other borough office or employment during the term for which the member was elected to the council.

Nothing in this section shall be construed to prohibit the council from selecting any current or former council member to represent the borough on the governing board of any regional or other intergovernmental agency.

Appointments and Removals. Neither the Borough Council nor any of its members shall in any manner control or demand the appointment or removal of any borough administrative officer or employee whom the Borough Manager or any subordinate of the Borough Manager is empowered to appoint, but the council may express its views and fully and freely discuss with the Borough Manager anything pertaining to appointment and removal of such officers and employees.

Interference with Administration. Except for the purpose of inquiries and investigations under Section 3.10, the council or its members shall deal with borough officers and employees who are subject to the direction and supervision of the Borough Manager solely through the Borough Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately.

Section 3.6 Vacancies; Removal from Office; Filling of Vacancies.

Authority. All Councilmanic authority shall be asserted by the Councilmanic body only. No individual member of Council shall have any authority whatsoever under this Charter unless such authority is specifically delegated by the Charter or by Council acting as a body.

(e)

Eminent Domain. Council shall have no authority to grant to others by franchise, contract or otherwise its power and right of eminent domain.

[Amended 7-31-2025 by Ord. No. 1663]

Vacancies. The office of a council member shall become vacant upon the member's death, resignation, or removal from office or forfeiture of office in any manner authorized by law.

Removal from Office. A council member may be removed from that office:

by impeachment;

by the Governor for reasonable cause after due notice and full hearing on the address of two-thirds of the Senate, or

on conviction of misbehavior in office or of any infamous crime.

Filling of Vacancies. If a vacancy shall occur in the Council, the remaining Council members shall fill the vacancy within 60 days by appointing a qualified person as the person being replaced. Such vacancy shall be filled by a majority vote of the remaining members of Council.

Notice of the vacancy shall be read aloud at the next regularly scheduled meeting of the Council following the vacancy and, within ten days of this meeting, shall be:

Posted in conspicuous places in the Borough offices;

Published in a newspaper of general circulation in the Borough.

The notice shall contain a schedule of times and places Council will conduct public interviews of all qualified candidates and shall include an invitation to any qualified Borough resident who desires consideration to schedule a public interview with Council by informing the Borough Clerk of such an intention within 10 days of publication of the notice. The Borough Clerk shall inform the mayor, or the deputy mayor when acting as mayor, of all candidates to be interviewed.

At a regularly scheduled meeting, held within 60 days after publication of the notice, council shall fill the vacancy by appointing from the candidates interviewed that candidate who receives the majority of votes of the council members present and voting. In the event of a hopeless deadlock, the matter shall be presented to the Court of Common Pleas within 30 days of this meeting, and the Court shall fill the vacancy by appointing a qualified resident of the Borough.

(4)

(Reseved)

(5)

Council members filling an unexpired term will hold the seat until the next general municipal election occurring at least 50 days after the vacancy began, and whoever is elected will serve the remainder of the term of the person who was originally elected into the office.

(6)

(Reserved)

Section 3.7 Judge of Qualifications.

[Amended 7-31-2025 by Ord. No. 1663]

The Borough Council shall be the judge of the election and qualifications of its members. In order to exercise these powers, the council shall have power to subpoena witnesses, administer oaths and require the production of evidence.

Section 3.8 Borough Clerk.

[Amended 7-31-2025 by Ord. No. 1663]

Borough Clerk. The Borough Council shall appoint an officer of the borough who shall have the title of Borough Clerk.

Duties. The Borough Clerk shall give notice of council meetings to its members and the public, keep the minutes of its proceedings, and perform such other duties as are assigned by this Charter or by the Council or by state law.

Borough Manager as Borough Clerk. The Borough Manager may be designated the Borough Clerk and hold both positions unless Council determines it requires two separate positions. In that case, the Borough Clerk shall report to and be a subordinate of the Borough Manager.

Section 3.9 Treasurer.

[Amended 7-31-2025 by Ord. No. 1663]

Treasurer. The Borough Council shall designate a treasurer, who shall be responsible for the receipt and disbursement of funds in accordance with the actions of council.

Bond. The treasurer shall be bonded.

Borough Manager as Treasurer. The Borough Manager may be designated the Treasurer and hold both positions unless Council determines it requires two separate positions. In that case, the Treasurer shall report to and be a subordinate of the Borough Manager.

Section 3.10 Investigations.

[Amended 7-31-2025 by Ord. No. 1663]

Investigations. The Borough Council may make investigations into the affairs of the borough and the conduct of any borough department, office, or agency with respect to any proper subject matter in aid of its legislative functions and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Failure or refusal to obey a lawful order issued in the exercise of these powers by the council shall be a misdemeanor punishable by a fine of not more than one hundred dollars ($100.00).

Witness Oath. The Mayor or the presiding member at any meeting of Council or any committee thereof in connection with an investigation duly authorized in accordance with this Section shall have the power to administer oaths to witnesses.

Section 3.11 Independent Audit.

[Amended 7-31-2025 by Ord. No. 1663]

The Borough Council shall provide for an independent annual audit of all borough accounts and may provide for more frequent audits as it deems necessary. Such audits shall be carried out in accordance with Section 6.15.

Section 3.12 Procedure.

[Amended 7-31-2025 by Ord. No. 1663]

Meetings. The council shall meet regularly at least once in every month at such times and places as the council may prescribe by rule. Special meetings may be held on the call of the mayor or of three or more members and, whenever practicable, upon no less than twenty-four hours' notice to each member. Except as allowed by state law, all meetings shall be public; however, the council may recess for the purpose of discussing in a closed or executive session matter which is enumerated in Section 708 of Pennsylvania's Sunshine Act. Council shall announce the reason for such executive session at the public meeting either before or directly after the executive session.

Rules and Minutes. The Borough Council shall determine its own rules and order of business and shall provide for keeping minutes of its proceedings. The minutes shall be a public record.

Voting. Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the minutes. Four members of the council shall constitute a quorum. Council shall conduct no business in the absence of a quorum.

Telecommunication. Council shall provide for the participation of Council members in Council meetings by means of telecommunication devices, such as telephones or computer terminals, which permit, at a minimum, audio communication between locations, if:

A quorum of members is present. A quorum can consist of members not physically present at the meeting but who nonetheless participate in the meeting. A quorum can take official action, provided that the absent members are able to hear the comments of and speak to all those present at the meeting and all those present at the meeting are able to hear the comments of and speak to such absent members contemporaneously.

Council has authorized participation by telecommunication device for specific reasons which shall be stated in the codified rules of council as part of the administrative code.

Section 3.13 Action Requiring an Ordinance.

Nothing in this subsection shall be construed to limit the protections and prohibitions contained in any law or regulation relating to the rights of the disabled.

[Amended 7-31-2025 by Ord. No. 1663]

Required Ordinance. In addition to other acts required by law or by specific provision of this Charter to be done by ordinance, those acts of the Borough Council shall be by ordinance which:

adopt or amend an administrative code or establish, alter, or abolish any borough department, commission, office, or an authority;

provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed;

levy taxes;

(4)

grant, renew, or extend a franchise;

(5)

regulate the rate charged for its services by a public utility;

(6)

authorize the borrowing of money;

(7)

convey or lease or authorize the conveyance or lease of any lands of the borough;

(8)

regulate land use and development;

(9)

amend or repeal any ordinance previously adopted; or

(10)

adopt, with or without amendment, ordinances proposed under the initiative power.

Ordinance or Resolution. Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution.

Section 3.14 Ordinances in General.

[Amended 7-31-2025 by Ord. No. 1663]

Form. Every proposed ordinance shall be introduced in writing, numbered, and in the form required for final adoption. No ordinance shall contain more than one subject, which shall be clearly expressed in its title. The enacting clause shall be "The Borough of Greenville hereby ordains . . ." Any ordinance which repeals or amends an existing ordinance or part of the borough code shall set out in full the ordinance, sections or subsections to be repealed or amended and shall indicate matters to be omitted by enclosing it in brackets or by strikeout type and shall indicate new matters by underscoring or by italics.

Procedure. Except as otherwise provided in Section 3.13, notice of any proposed ordinance to be considered and acted upon by Council shall be announced at any regular or special meeting of the council no more than ninety (90) days and no less than seven (7) days prior to its enactment. Upon introduction of any ordinance at a Council meeting, the Borough Clerk shall publish the ordinance together with a notice setting out the time and place for a public hearing thereon and for its consideration by the council. The public hearing shall follow the publication by at least seven days, may be held separately or in connection with a regular or special council meeting and may be adjourned from time to time; all persons interested shall have an opportunity to be heard. After the hearing the council may adopt the ordinance with or without amendment or reject it, but if it is amended as to any matter of substance, the council may not adopt it until the ordinance or its amended sections have been subjected to all the procedures herein before required in the case of a newly introduced ordinance. As soon as practicable after adoption, the clerk shall have the ordinance and a notice of its adoption published and available at a reasonable price.

Effective Date. Except as otherwise provided in this Charter, every adopted ordinance shall become effective at the expiration of 30 days after adoption or at any later date specified therein with the exception of fiscal matters.

Section 3.16 Codes of Technical Regulations.

Publish Defined. As used in this section, the term "publish" means to print in the contemporary means of information sharing, which includes but is not limited to one or more newspapers of general circulation in the borough, and, if available, in a web site: (1) the ordinance or a brief summary thereof, and (2) the places where copies of it have been filed and the times when they are available for public inspection and purchase at a reasonable price.

Section 3.15 Emergency Ordinances.

[Amended 7-31-2025 by Ord. No. 1663]

To meet a public emergency affecting life, health, property or the public peace, the Borough Council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money except as provided in Section 6.7(b). An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of a majority of the members of the Council present and voting shall be required for adoption. After its adoption the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance except one made pursuant to Section 6.7(b) shall automatically stand repealed as of the sixty-first day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

[Amended 7-31-2025 by Ord. No. 1663]

Adoption. The Borough Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally except that:

The requirements of Section 3.14(b) for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations as well as of the adopting ordinance, and

A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be authenticated and recorded by the Borough Clerk pursuant to Section 3.17(a).

Section 3.17 Authentication and Recording; Codification; Administrative Code; Printing of Ordinances and Resolutions.

Availability. Copies of any adopted code of technical regulations shall be made available by the borough clerk for distribution or for purchase at a reasonable price.

[Amended 7-31-2025 by Ord. No. 1663]

Authentication and Recording. The Borough Clerk shall authenticate by signing and shall record in full in a properly indexed book kept for the purpose all ordinances and resolutions adopted by the borough council.

Codification. On an annual basis the Borough Council shall provide for the preparation of a general codification of all borough ordinances and resolutions having the force and effect of law. The general codification shall be adopted by the council by ordinance and shall be published, together with this Charter and any amendments thereto, pertinent provisions of the constitution and other laws of the Commonwealth of Pennsylvania, and such codes of technical regulations and other rules and regulations as the council may specify. This compilation shall be known and cited officially as the Greenville Borough Code. Copies of the code shall be furnished to borough officers, placed in libraries, public offices, and, if available, in a web site for free public reference and made available for purchase by the public at a reasonable price fixed by the council.

Administrative Code. No later than the final meeting in January, each new council shall, by ordinance, adopt an administrative code, as specified in Section 3.13(1) above, which shall be binding on both elected officials and administrative employees.