Township of Lower Saucon, PA Legislative Officials

Legislative power.

The legislative power of the Township government shall be vested in and exercised by the Council. The Council is charged with enacting ordinances and resolutions, approving the budget, setting tax rates, appointing a Manager and exercising such other legislative functions as provided by general law.

(2)

The Council shall make appointments to authorities within 30 days after recognition of a vacancy. The Council shall have authority to advise and consent to appointments of members of boards and commissions recommended by the Manager and shall exercise such authority within 30 days after submission of appointments to it by the Manager.

(3)

The Council shall, by ordinance, continue or create and determine and define the powers and duties of such executive and administrative departments, boards and offices as it may deem necessary for the proper and efficient conduct of the affairs of the Township, including the office of Assistant Manager. Any department, board or office so continued or created may, at any time, be abolished by councilmanic ordinance. No member of the Council shall head an administrative department nor intrude himself in the conduct of its routine affairs.

[Amended 3-3-2021 by Ord. No. 2021-01]

(4)

The Council may, by resolution, make or cause to be made inquiries, investigations or studies of the affairs of the Township and the conduct of any Township department, office or agency.

Number, election, terms and qualifications of Council members.

(1)

The Council shall consist of five members, elected by the voters of the Township at regular municipal elections.

(2)

The terms of office of the members of the Council shall begin on the first Monday of January next following their election and shall be for four years and until their successors qualify. Three members of the Council shall be elected at the municipal election in November 1975; one member shall be elected at the municipal election in November 1977 and every four years thereafter; and four members shall be elected at the municipal election in November 1975 and every four years thereafter. The Supervisors elected in 1971 and 1973 shall serve out their six-year terms as members of the Council.

(3)

No person shall be eligible to the Office of Council member unless he is a registered voter of the Township.

(4)

If a vacancy exists in the Council by reason of death, resignation, removal from the Township or otherwise, the Council shall, by a majority vote of its remaining members, fill such vacancy within 30 days thereafter by electing a qualified person to serve until that first Monday of January when his successor, who shall have been elected by the qualified voters at the next municipal election occurring at least 50 days after such vacancy exists, is duly sworn into office for the remainder of the term of the person originally elected to said office.

(5)

In case vacancies should exist whereby the offices of a majority of members of the Council become vacant, the remaining members shall fill such vacancies one at a time, giving each new appointee such reasonable notice of his appointment as will enable him to meet and act with the then-qualified member or members of the Council in making further appointments until a bare majority of members of the Council have been qualified, whereupon said members shall fill the remaining vacancies at a meeting attended by said majority members of the Council, such appointees to receive a majority of the votes of the members present at any such meeting. The person or persons selected to fill such vacancy or vacancies shall hold their offices as herein provided.

(6)

If, by reason of a tie vote or otherwise, such vacancy shall not have been filled by the remaining members of the Council within the time as limited herein, the Court of Common Pleas, upon the petition of 10 or more qualified voters, shall fill such vacancy by the appointment of a qualified person for the portion of the unexpired term as above provided.

Salary of Council members.

[Amended 4-18-1990 by Ord. No. 90-6; 12-27-1995 by Ord. No. 95-9]

(1)

Each member of the Council, elected or appointed to office on or after the effective date of this chapter, shall receive the maximum annual compensation provided and allowable by the Municipalities Planning Code, 53 P.S. § 65606, titled "Compensation of Supervisors," and by law. As of the date of this enactment, the maximum annual compensation of the Council members based on the latest official census is $2,500.

(2)

The compensation of the Supervisors shall be an annual amount of $2,500, payable in equal monthly installments.

Organization of the Council. On the first Monday of January following the regular municipal election, the members of the Municipal Council shall assemble at the usual place of meeting and organize and choose one of its number as President of the Council, unless otherwise provided. The President of the Council shall be chosen by ballot by majority vote of all members of the Municipal Council. If the members shall be unable, within five ballots to be taken within the two days of said organization meeting, to elect a President of the Council, then the member who, in the election for members of the Municipal Council, received the greatest number of votes shall be the President of the Council. Should such person decline to accept the office, then the person receiving the next highest vote shall be the President of the Council, and so on, until the office is filled. The President of the Council shall preside at all meetings of the Municipal Council and shall have a voice and vote in its proceedings. The President of the Council shall have no executive responsibilities and shall receive no additional compensation for this position. The Council shall also choose one of its number as Vice President to preside in the absence of the President of the Council.

[Amended 1-20-1988 by Ord. No. 87-14]

Procedure.

(1)

Rules of procedure.

(a)

The Council shall determine its own rules of procedure, not inconsistent with ordinance or statute. A majority of the whole number of members of the Council shall constitute a quorum, and no ordinance or resolution shall be adopted by the Council without the affirmative vote of a majority of all the members of the Council.

(b)

Every legislative act of the Council shall be by ordinance or resolution. No ordinance or resolution shall be introduced unless in written or typewritten form. Actions not legislative in character shall be by resolution or motion.

(c)

Each ordinance or resolution shall be presented and considered as determined by the Council rules of procedure and by general law. The vote upon every motion, resolution or ordinance shall be taken by roll call, and the "yeas" and "nays" shall be entered in the minutes. The minutes of each meeting shall be signed by the officer presiding at such meeting and by the Township Secretary.

(d)

The Council shall exercise reasonable efforts to communicate Township legislative information to residents of the Township.

(2)

Enactment of ordinances. All ordinances shall be considered for adoption only in accordance with the following procedures, unless the Council shall adopt a resolution by the affirmative vote of at least four members of the Council:

(a)

Any Council member desiring to initiate the adoption of an ordinance shall submit a written description of the nature of the same to the Township Secretary at least three days before any regular meeting. The Secretary shall thereupon include the consideration of such ordinance on the agenda of the regular Council meeting following such submission.

(b)

After considering the desirability of any such ordinance, the Council may, by majority vote at such meeting, direct the Solicitor to prepare a written proposed ordinance for consideration by the Council at its next regular meeting or at such other time as the Council may, by resolution, direct.

(c)

The Solicitor shall prepare such proposed ordinance and submit copies of the same to all the Council members, the Secretary and the Manager at least three days prior to the meeting at which such ordinance will be considered.

(d)

The Council, after such submission and at such meeting, shall approve or reject the proposed ordinance or table consideration of the same to a future designated meeting.

(e)

If the Council shall approve such ordinance, the Manager shall cause the contents of the same to be published in accordance with law, with notice that final adoption shall be considered by the Council at its next regular meeting or at such other time as the Council may, by resolution, direct.

(f)

The Council shall, at such meeting, following publication, adopt or reject the ordinance by majority vote.

(g)

Any ordinance adopted as aforesaid shall be recorded in the ordinance book of the Township and shall become effective 10 days following its adoption.

[Amended 3-3-2021 by Ord. No. 2021-01]

(h)

The Council may, by resolution, at any regular or special meeting, direct the Solicitor to prepare any ordinance which it wished to consider, whether the subject of such ordinance appears on the meeting agenda or not. If such a resolution is adopted, the procedures outlined in Subsection E(2)(c), (d), (e), (f) and (g) shall be thereafter implemented.

Meetings of Council.

(1)

The Council shall, by resolution, designate the time and place of holding regular meetings, which shall be at least monthly. All meetings of the Council at which official business is conducted shall be open to the public according to the provisions of the Sunshine Act, P.L. 388, No. 84 (65 P.S. § 271 et seq.).[1]

[1]

Editor's Note: Said Act was repealed 10-15-1998 by P.L. 729, No. 93; see now 65 Pa.C.S.A. § 701 et seq.

(2)

At all meetings of the Council, regular or special, interested citizens with legitimate matters to lay before the Council shall be granted the right and privilege to address the Council. The Council may prescribe procedures for citizen presentation to ensure decorum at all times and to prohibit personal or insulting language, total irrelevances and harassment, either on the part of members of the Council or members of the assembly at the meeting.

(3)

On a regular basis, time shall be provided for a citizens' forum or town meeting to be held at the beginning of the regularly scheduled Council meetings. Such meetings shall be limited to 30 minutes' duration. Additional time may be designated at the discretion of the Council.

(4)

The Council shall have a special meeting for the review of the proposed budget, inviting public participation.

(5)

Public notice of all meetings, whether regular or special, shall be given as required by the Sunshine Act (65 P.S. § 271 et seq.).[2] Such shall be prepared by the Secretary and shall show the date, time and place such meeting shall be held. Notice of the schedule of regular meetings shall be given at least once each calendar year.

[2]

Editor's Note: Said Act was repealed 10-15-1998 by P.L. 729, No. 93; see now 65 Pa.C.S.A. § 701 et seq.

(6)

The Council members shall receive from the Manager, in advance of each meeting, a detailed agenda of items to be considered. The Council shall, however, have the right to take other action, whether or not it appears on the agenda.

(7)

The giving of notice is not applicable when the Council holds a meeting to deal with an actual emergency involving clear and present danger to life or property. Full and complete minutes of any such emergency meeting shall designate the purpose of the special meeting, and no other business shall be considered.

(8)

The minutes of all meetings and a journal of its proceedings shall be made and kept by the Township Secretary. The record books of the Township shall be open and available for public inspection during regular Township business hours or by appointment. Copies of records shall be made available to the public at a fee to cover the cost of duplicating services involved.