A.
Legislative power.
(1)
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.
B.
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.
C.
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.
D.
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]
E.
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.
F.
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.
A.
Appointment and duties. A Township Secretary shall
be appointed by the Council. The Secretary shall serve as clerk of
the Council, attend the Council meetings unless otherwise directed
by the Council, keep its minutes and records of its proceedings, maintain
and compile its ordinances and resolutions and perform such functions
as may be required by law, by local ordinance or by the Council. The
Secretary shall, prior to his appointment, have been qualified by
training or experience to perform the duties of the office. The offices
of Manager and Secretary may be held by the same person.
B.
Minutes, ordinances and resolutions of the Council
shall be entered into the proper record books of the Township by the
Secretary. Special books designed for such legal entries shall be
supplied to the Secretary by resolution of the Council. These record
books shall be in the custody of the Secretary and shall be deposited
and preserved in a safe and convenient place in the Town Hall.
C.
Section 524 of the Commonwealth Administrative Code[1] provides that records not needed for current or anticipated
future operations may be disposed of only with the approval of the
Commonwealth Historical and Museum Commission. Any records of permanent
value or historical importance shall be turned over to the Commission
for preservation in the archives.
[1]
Editor's Note: See 71 P.S. § 204.
