All powers of the City shall be vested in the
City Council, except as otherwise provided by law or this Charter,
and the Council shall provide for the exercise thereof and for the
performance of all duties and obligations imposed on the City by law.
A.
Eligibility.
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Only those who are and have been for at least
one (1) year registered voters of the City shall be eligible to hold
the office of Council Member or Mayor. The Mayor and all other Council
Members must retain residence in the City during their terms of office.
If during a term of office a Council Member moves out of the City,
he or she forfeits that position on City Council.
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All Council Members elected by District must
retain residence in the District from which they are elected during
their terms of office. If during a term of office a Council Member
elected by District moves from that District, he or she forfeits that
District position on City Council.
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B.
Terms of Office.
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The term of office of elected officials shall be four (4) years, elected in accordance with Article VI.
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C.
Composition.
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The Council shall be composed of seven (7) members: the Mayor and three (3) members elected by the voters of the City at large and one (1) member from each of three (3) Council Districts elected by the voters of those Districts, as provided in Article VI.
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The Mayor shall devote full-time efforts to
the performance of the duties of the position as established by this
Charter. Other Council Members are expected to devote part time to
the performance of their duties.
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A.
Powers and Duties. The Mayor shall be a voting member
of the City Council and shall:
(1)
Attend and preside at meetings of the Council;
(2)
Represent the City in intergovernmental relationships;
(3)
Appoint, with the advice and consent of the Council,
the members of citizen advisory boards and commissions;
(4)
Publicly present an annual "State of the City and
Its Government" message;
(5)
Appoint the members and officers of Council committees;
(6)
Assign, subject to the consent of Council, agenda
items to committees; and
(7)
Perform other duties specified by the Council.
B.
The Mayor shall be recognized as head of the City government for all ceremonial purposes and by the Governor for purposes of military law as stipulated in Article III. The Mayor shall also be the Chief Executive Officer of the City. The Council shall select a Vice Mayor from among its members to perform the presiding officer duties listed above in the absence or disability of the Mayor.
Council shall establish, by ordinance, the compensation
of the Mayor, other Council Members, and the Controller, but such
ordinances will not take effect until the date of the commencement
of the terms of Council Members elected at the next regular municipal
election, provided that such election follows the adoption of such
ordinance by at least six (6) months. The Mayor shall be entitled
only to the compensation set for the office of Mayor for all of the
duties performed by the Mayor.
A.
No Council Member shall hold any other compensated
elected or appointive City office or City employment.
B.
No Council Member shall serve as a compensated elected
official in the Commonwealth of Pennsylvania or any political subdivision
thereof.
C.
No former Council Member shall hold any compensated
appointive City office or City employment until one (1) year after
his or her resignation or one (1) year after the expiration of the
term for which the member was elected or appointed to the Council.
D.
Except for the purpose of inquiries to obtain information needed by them in the discharge of their duties, including response to constituent requests and investigations under § C-2.09, the Council or its members shall deal with City officers, directors, and employees who are subject to the direction of the City Administrator through the Mayor or City Administrator.
E.
Neither the Council nor any of its members shall,
in any manner, dictate the appointment or removal of any City administrative
officers or employees whom the Mayor or City Administrator are empowered
to appoint except as otherwise provided in this Charter.
F.
No Council Member shall serve as an employee of any
municipal authority which is created solely or jointly by the City
with one or more political subdivisions until one (1) year after the
expiration of the term for which the member was elected or appointed
to Council.
G.
Any Council Member who has a financial interest, direct
or indirect, or by reason of ownership of stock, in any corporation
in any sale of land with the City or in any contract with the City
shall immediately make publicly known their interest and shall refrain
from voting upon or otherwise participating in the sale of such land
or making of such contract. A statement of such interest shall be
filed with the City Clerk. Any Council Member who willfully conceals
such interests shall be guilty of malfeasance in office. Violation
of this section, with the knowledge expressed or implied of the person
or corporation contracting with or making sale to the City, shall
render the contract or sale voidable by the City.
A.
Vacancies.
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The office of Mayor or another Council Member
shall become vacant upon death of the elected official, resignation,
and removal from office in any manner authorized by law or forfeiture
of office.
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B.
Forfeiture of Office.
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The Mayor and any other member of Council shall
forfeit office if the elected official:
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(1)
Lacks at any time during the term of office any qualification
for the office prescribed by this Charter or by law;
(2)
Violates any express prohibition of this Charter;
or
(3)
Is convicted of any crime classified as a misdemeanor
of the second class or higher under the laws of the Commonwealth of
Pennsylvania or the United States or is convicted of any comparable
crime under the laws of any other state in the United States.
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In all cases of forfeiture, the member shall
be entitled to notice and a hearing before Council in accordance with
administrative procedures established by § C-2.07 of this
Charter.
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C.
Filling of Vacancies.
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A vacancy in the office of Mayor or another
member of Council shall be filled by a majority vote of the remaining
members of Council. If the Council fails to act within thirty (30)
days following the occurrence of the vacancy, the Court of Common
Pleas of Northampton County shall, upon petition of three (3) members
of Council or ten (10) qualified voters of the City, fill the vacancy
in such office by the appointment of a qualified resident of the City.
In the case of a vacated District seat, the person appointed to fill
that seat must be a resident of the District. The individual appointed
will remain in the office until the first business day of January
following the election for the remainder of the term of the person
originally elected to such office or, if such term would otherwise
expire on the first Monday following, for a full term.
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The City Council shall be the judge of the election
and qualifications of its members and of the grounds for forfeiture
of their office. In order to exercise these powers, the Council shall
have power to subpoena witnesses, administer oaths, and require the
production of evidence. A member charged with conduct constituting
grounds for forfeiture of office shall be entitled to a public hearing
on demand, and notice of such hearing shall be published in one or
more newspapers of general circulation in the City at least one (1)
week in advance of the hearing.
City Council shall appoint an officer of the
City who shall have the title of City Clerk. The City Clerk shall
give notice of Council meetings to its members and the public; take
minutes of all City Council meetings; keep the minutes of its proceedings;
be or become a notary public; serve as Secretary to the Council; and
perform such other duties as are assigned by the Administrative Code,
the Council or state law.
A.
Council shall have the power, by ordinance, to make
or cause to be made investigations, audits or studies of the City
and the conduct of any City department, office, or agency, and for
this purpose may retain professional and technical assistance, subpoena
witnesses, administer oaths, take testimony, require the production
of evidence and provide funds for such investigation, audit or study.
B.
The subject of such audit, investigation, or study
shall be specifically stated in the authorizing ordinance.
C.
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 and/or imprisonment as determined by an ordinance.
The City Council shall provide for an independent annual audit of all City government accounts and may provide for more frequent audits as it deems necessary. Such audits shall be carried out in accordance with § C-5.11.
A.
The Council shall determine its own rules and order
of business and shall set its own agenda, which will be made public.
A quorum for meetings of the Council shall require participation by
at least four (4) members.
B.
The Council shall hold a regular meeting at least
twice a month in the evening on a day and place as the Council may
prescribe by rules. Council shall hold at least one regular meeting
each year outside of Council Chambers in each of the three (3) Districts
from which the District Members are elected. Council may, by resolution,
cancel a meeting in the event it is deemed not necessary due to a
lack of business. Meetings scheduled to be held in the Districts shall
not be cancelled but may be rescheduled within the same calendar year.
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The Council shall have the right and responsibility
to meet at least three (3) times each year with the Mayor, City Administrator,
Department Directors, and other key management personnel to review
progress towards strategic objectives and offer suggestions and alternative
approaches.
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C.
Special meetings may be held at the call of the Mayor
or the request of at least four (4) members at such time and place
and under such conditions as the Council may prescribe by rule.
D.
All meetings shall be open to the public, except executive
sessions, as authorized by law. The meeting location will be arranged
in such a way as to have all members of the Council facing the public.
E.
All actions of the Council shall require a majority
vote of the members of Council, except for an ordinance or action
requiring a different majority vote as specified elsewhere in this
Charter.
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Voting shall be by roll call and the vote of
each member shall be entered in the minutes of the meeting. Each roll-call
vote shall be taken in rotating order so that each of the members
present will have an opportunity to vote in each voting order position
from first to last.
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F.
The Council shall provide for keeping of minutes of
its proceedings. The minutes shall be a public record and shall be
maintained at City Hall and shall be available to the public. Citizens
may purchase copies at a reasonable cost to be established by the
Council.
G.
The Council shall provide reasonable opportunity for
interested citizens and taxpayers to address the Council on matters
of general or special concern. Citizens' right to be heard shall be
one of the first order of business items at all public meetings. The
public shall be granted the opportunity to comment at Council meetings
subject only to reasonable time limitations established by Council
for each meeting.
In addition to other acts required by law or
by specific provisions of this Charter to be done by ordinance, those
acts of the Council shall be by ordinance which:
A.
Adopt or amend an administrative code or establish,
alter, or abolish any City department, office or agency;
B.
Provide for a fine or other penalty, or establish
a rule or regulation for violation of which a fine or other penalty
is imposed;
C.
Levy taxes;
D.
Grant, renew, or extend a franchise;
E.
Regulate the rate charged for its services by a public
utility;
F.
Authorize the borrowing or lending of money;
G.
Convey or lease or authorize the conveyance or lease
of any lands of the City;
H.
Regulate land use and development;
I.
Amend or repeal any ordinance previously adopted;
J.
Adopt, with or without amendment, ordinances proposed
under the initiative power.
K.
Acts other than those referred to above may be done
either by ordinance or resolution.
A.
Form.
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Every proposed ordinance shall be introduced
in writing and in the form required for final adoption. No ordinance
shall contain more than one subject, which shall be clearly expressed
in the title. The enacting clause shall be "The City of Easton hereby
ordains . . ." Any ordinance which repeals or amends an existing ordinance
or part of the City 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 in brackets or by strikeout type and shall
indicate new matters by underscoring or by italics.
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B.
Procedure.
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Any member at any regular or special meeting
of the Council may introduce an ordinance. Upon introduction of any
ordinance, the City Clerk shall distribute a copy to each Council
Member and to the City Administrator; shall file a reasonable number
of copies in the office of the City Clerk and such other public places
as the Council may designate; and shall publish the ordinance together
with a notice setting out the time and place for the public's right
to be heard thereon and for its consideration by the Council. The
public's right to be heard shall follow the publication by at least
seven (7) days; may be held separately or at 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 required in the case of
a newly introduced ordinance. As soon as practicable after adoption,
the Clerk shall have the ordinance published and made available at
a reasonable price.
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C.
Effective Date.
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Except as otherwise provided in this Charter,
every adopted ordinance shall become effective at the expiration of
thirty (30) days after adoption or at any later date specified therein.
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D.
"Publish" Defined.
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As used in this section, the term "publish"
means to print in the contemporary means of information sharing, which
may include, but is not limited to, one or more newspapers of general
circulation in the City and on the City's website;
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To meet a public emergency affecting the life, health, property or the public peace, the 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 Article V. 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 at least five (5) members 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 the appropriate provisions of § C-5.07, shall automatically stand repealed as of the sixty-first (61st) 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.
The City Council may adopt any standard code
of technical regulations (e.g., a Building, Electrical, or Plumbing
Code) 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:
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(1)
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The requirements of § C-2.13 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
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(2)
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A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be authenticated and recorded by the City Clerk pursuant to § C-2.16A.
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Copies of any adopted code of technical regulations
shall be made available by the City Clerk for distribution or for
purchase at a reasonable price.
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A.
Authentication and Recording.
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The City 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 City Council.
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B.
Codification.
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Within three (3) years after adoption of this
Charter, and at least every ten (10) years thereafter, the City Council
shall provide for the preparation of a general codification of all
City 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 Easton City Code. Copies
of the Code shall be furnished to City officers, placed in libraries,
public offices, and, if available, in a website for free public reference
and made available for purchase by the public at a reasonable price
fixed by the Council.
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C.
Printing of Ordinances and Resolutions.
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The City Council shall cause each ordinance
and resolution having the force and effect of law and each amendment
to this Charter to be printed promptly following its adoption, and
the printed ordinances, resolutions, and Charter amendments shall
be distributed or sold to the public at reasonable prices as fixed
by the Council. Following publication, the first Easton City Code
and, at all times thereafter, the ordinances, resolutions and Charter
amendments shall be printed in substantially the same style as the
Code currently in effect and shall be suitable in form for integration
therein. The Council shall make such further arrangements as it deems
desirable with respect to reproduction and distribution of any current
changes in or additions to the provisions of the Constitution and
other laws of the Commonwealth of Pennsylvania or the codes of technical
regulations and other rules and regulations included in the Code.
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