The Board shall protect and promote the right of the citizens
of Whitemarsh Township to participate in a positive and constructive
manner in the government of the Township. Any qualified citizen of
the Township may participate in the government of the Township by:
a.
Seeking the office of and voting for candidates for Supervisor;
b.
Serving on boards, commissions, authorities or other agencies of
the Township;
c.
Attending and being heard at all public meetings of the Board, and
other boards, commissions, authorities or other agencies of the Township;
d.
Addressing suggestions to the Board and others to provide guidance
for their actions; and
e.
Exercising the right of initiative and referendum as provided in
this Charter or general law.
The Board shall make every effort to appoint qualified citizens
to boards, commissions, authorities or other agencies of the Township
in order to make the greatest possible use of the talents and interests
of such citizens, thereby promoting the public interest and welfare
of the Township.
Registered electors of the Township shall have the following
powers:
a.
Initiative: to propose ordinances to the Board which are consistent
with this Charter and general law and to adopt or reject the same
at a primary, municipal or general election if the Board fails to
adopt an ordinance so proposed without any change in substance; and
b.
Referendum: to require repeal by the Board of any adopted ordinance
and, if the Board fails to repeal said ordinance, to repeal it at
a primary, municipal or general election.
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These powers shall be utilized in a two-step procedure.
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Petition papers, circulated for the purpose of initiative or
referendum, shall contain the names and addresses of five registered
electors of the Township designated as the Committee of the Petitioners
and the full text of the ordinance proposed or to be repealed. When
the petition papers bear the signatures and addresses in ink of at
least 100 registered electors of the Township, said Committee shall
file the papers with the Manager as one instrument, each page of which
shall contain an affidavit, executed by the circulator thereof, stating
that all signatures thereon are genuine and were affixed in his presence
after the signer had opportunity to read the full text thereof. The
Manager shall within 20 days thereafter determine whether the petition
complies with the provisions of this Charter and general law. If the
Manager certifies the petition as valid, the ordinance shall be presented
at the next meeting of the Board for introduction and first consideration
and be subject to other provisions of this Charter. If the Manager
determines the petition to be invalid, he shall certify the results
of his examination by registered mail to the Committee of the Petitioners
describing the particulars in which it is defective. The defects may
be corrected by amendment within 10 days after said notification.
If the proposed or repealing ordinance is not adopted by the
Board within 45 days after the date of introduction and first consideration,
petition papers may again be circulated according to the procedures
in § 1004 with the exception that a complying petition must
bear the signatures and addresses in ink of at least 15% of the registered
electors of the Township collected within 60 days thereafter. If,
within 60 days after the submission of the certified petition for
introduction and first consideration, the Board fails to adopt or
repeal the ordinance as requested by the initiative or referendum
petition, the Manager, within 10 days thereafter, or the Committee
of Petitioners if the Manager fails to act, shall file the petition
with the Board of Elections of Montgomery County, Pennsylvania, to
be voted upon by registered electors of the Township at the next primary,
municipal or general election to be held not less than 60 days thereafter.
An initiative or referendum election shall be held by special election
as provided in the election laws of the Commonwealth of Pennsylvania.
If a majority of the registered electors voting on the proposed
ordinance votes in favor thereof, such ordinance shall become a valid
and binding ordinance of the Township upon certification of the election
results. If the provisions of two or more ordinances adopted at the
same election conflict, then the ordinance receiving the greatest
affirmative vote shall control. If the majority of the registered
electors voting to repeal an ordinance votes in favor thereof, the
ordinance shall be considered repealed upon certification of the election
results.
Initiative and referendum powers shall not extend to the budget
or capital programs in their entirety nor to any emergency ordinance.
However, such exception shall not apply to specific projects of the
budget or capital program. Any proposed ordinance which requires the
expenditure of Township revenues shall provide for the funding thereof.
