Municipality of Kingston, PA
Luzerne County
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Table of Contents
Table of Contents

Section 301 Executive Power.

The executive power of the municipality shall be vested in the Mayor.

Section 302 Election, Term and Qualifications of the Mayor.

A. 
The Mayor shall be elected by the electors of the municipality.
B. 
His term of office shall begin on the first Monday of January next following his election and shall be for four (4) years and until a successor qualifies.
C. 
He shall be an elector of the municipality, shall be at least twenty-five (25) years of age, shall have been a resident of the municipality throughout one (1) year immediately preceding his election and shall reside in the municipality throughout his term of service.

Section 303 Duties and Powers of the Mayor.

The Mayor shall be responsible for the supervision of all departments of the Municipal Government, and shall have all executive and administrative powers and duties of the municipality including but not limited to the following:
A. 
The duty to enforce the charter and ordinances of the municipality and the laws of the Commonwealth of Pennsylvania;
B. 
The duty to report to and inform Council and the public of the work being done in the Municipality and on the conditions and needs of the municipal government.
[Amended 6-5-1996 by Ord. No. 1995-21]
C. 
The power to make recommendations for action by Council as he deems in the public interest;
D. 
The power to approve or veto an ordinance subject to the provisions of this charter;
E. 
The duty to appoint the Municipal Administrator for an indefinite term, subject to the approval of a majority of the total number of Council members, and the power to dismiss the Municipal Administrator on thirty (30) days written notice, with the approval of a majority vote of the total number of Council members.
[Amended 6-5-1996 by Ord. No. 1995-21]
F. 
The power to appoint, suspend and remove all department heads and other municipal appointees, and the right to delegate said power to the Municipal Administrator.
G. 
[Amended 6-5-1996 by Ord. No. 1995-21]
(1) 
The duty to appoint the legal advisor for an indefinite term, subject to the approval of a majority vote of the total number of Council members, and the power to dismiss the legal advisor upon thirty (30) days written notice, with the approval of a majority vote of the total number of Council members.
(2) 
The duty to appoint the finance secretary for an indefinite term, subject to the approval of a majority vote of the total number of Council members, and the power to dismiss the finance secretary upon thirty (30) days written notice, with the approval of a majority vote of the total number of Council members.
H. 
The duty to cause to be prepared the annual budget and capital program of the municipality and submit the same to Council as provided for in this charter;
I. 
The duty to submit to Council, and make available to the public, a complete report on the financial and administrative activities of the municipality; and
J. 
The power to declare a state of emergency when a serious threat to the life, health or safety of its inhabitants shall occur within the municipality.

Section 304 Prohibitions.

The Mayor shall not serve as a member of Council or otherwise hold any other elective office or employment in any municipal government for which compensation is prescribed; nor shall be hold any elective office under the government of the United States or the Commonwealth of Pennsylvania or serve as a member of Congress or of the General Assembly of Pennsylvania; nor shall be hold any office or employment in any political party.

Section 305 Acting Mayor.

The Municipal Administrator shall act as Mayor upon the occurrence of a vacancy in the office of the Mayor or whenever the Mayor shall be prevented by absence, disability, or other cause from attending to duties of his office; and in such event the Administrator shall possess all the rights, powers and duties of the Mayor. The Municipal Administrator shall serve as Mayor until the vacancy is filled or until the Mayor is able to resume his duties.

Section 306 Vacancies.

The office of Mayor shall become vacant through: (a) death; (b) resignation; (c) recall; or (d) forfeiture. Forfeiture occurs when the Mayor 1) lacks the qualifications of the office as defined by the charter; 2) violates any express prohibition of the charter; 3) is convicted of a crime defined as greater than a summary offense under law; or 4) has been unable to attend to his duties for sixty (60) consecutive days and the office is declared vacant by the Council.

Section 307 Filling a Vacancy.

A. 
The Council shall, by a majority vote of the total number of the Council, fill any vacancy in the office of Mayor. Should the Council fail, for any reason whatsoever, to fill a vacancy within thirty (30) days after the vacancy occurs, then the Court of Common Pleas shall, upon petition of any ten (10) citizens of the municipality, fill the vacancy. Any person appointed to fill a vacancy shall be an elector of the same political party as the person who vacated the office.
B. 
If the vacancy occurs during the last year of a term, the appointee shall fill the unexpired term. If the vacancy occurs during the first three (3) years of a term, the appointee shall serve only until the next scheduled Primary, Municipal or General Election, occurring at least sixty (60) days after the vacancy has occurred, at which time the unexpired term shall be filled by the electors of the municipality.
C. 
The person so appointed or elected to fill a vacancy shall take office immediately upon qualifying.

Section 308 Compensation of the Mayor.

A. 
Council shall from time to time fix and determine the compensation of the Mayor, which during his term of office shall neither be increased or decreased. No change in the compensation of the Mayor shall be adopted less than twelve (12) months prior to the commencement of a new term of office of the Mayor. The Mayor shall receive no other municipal compensation, direct or indirect, and shall receive no pension or other form of fringe benefits.
B. 
In the case of the first Mayor to serve under this Home Rule Charter, the compensation for the Mayor shall be five thousand ($5,000) dollars per annum.

Section 309 Executive Appointments.

The Mayor shall, subject to the confirmation of a majority of the Council present, appoint the members of authorities, boards, and commissions of the municipal government. Such appointments shall be made in writing and filed with the Council within ten (10) days after they are made. Appointees shall not take office until confirmed by Council or, if Council has failed to act, thirty (30) days from the time the appointment was filed with the Council. All such appointees shall serve at the pleasure of the Mayor except where a definite term has been established by law or by the Council. The mayor may designate a qualified person to serve in a temporary capacity not in excess of (90) days in any calendar year. If within ninety (90) days the Mayor fails to nominate or fill any position, which by the terms of this Charter requires confirmation by Council shall make the appointment.