Township of Kingston, PA
Luzerne County
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Table of Contents
Table of Contents
(a) 
Composition. There shall be a board of supervisors of five members elected at large by the qualified voters of the township.
(b) 
Eligibility. Only qualified voters of the township shall be eligible to hold the office of supervisor.
(c) 
Election and Terms. The regular election of supervisors shall be held on the general municipal election day as established from time to time by the laws of the Commonwealth of Pennsylvania, commencing in the year 1975. At the first election under this charter (1975), three supervisors shall be elected; the two candidates receiving the greatest number of votes shall serve for terms of four years, and the one candidate receiving the next greatest number of votes shall serve for a term of two years. At the next regular election, two supervisors shall be elected, for terms of four years. Commencing at the next regular election and at all subsequent regular elections, either two or three supervisors shall be elected to serve terms of four years as required to replace supervisors whose terms are expiring and in order to maintain the number of supervisors at five.
The board of supervisors may determine the annual salary of supervisors by ordinance, but no ordinance increasing such salary shall become effective until the date of commencement of the terms of supervisors elected at the next regular election, provided that such election follows the adoption of such ordinance by at least six months. Supervisors shall receive reimbursement for their actual and necessary expenses incurred in the performance of their duties of office.
The board of supervisors shall elect from among its members officers of the township who shall have the titles of chairman and vice chairman, each of whom shall serve at the pleasure of the board of supervisors. The chairman shall preside at meetings of the board of supervisors, shall be recognized as head of the township government for all ceremonial purposes and by the governor for purposes of military law, but shall have no administrative duties. The vice chairman shall act as chairman during the absence or disability of the chairman.
All powers of the township shall be vested in the board of supervisors, except as otherwise provided by law or this charter, and the board of supervisors shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the township by law.
(a) 
Holding Other Office. Except where authorized by State or Federal law, no supervisor shall hold any other municipal office or employment during the term for which he was elected to the board of supervisors, and no former supervisor shall hold any compensated appointive township office or employment until one year after the expiration of the term for which he was elected to the board of supervisors.
(b) 
Appointments and Removals. Neither the board of supervisors nor any of its members shall in any manner dictate the appointment or removal of any township administrative officers or employees whom the township manager or any of his subordinates are empowered to appoint, but the board of supervisors may express its views and fully and freely discuss with the manager anything pertaining to appointment and removal of such officers and employees.
(c) 
Interference with Administration. Except for the purpose of inquiries and investigations under section 309, the board of supervisors or its members shall deal with the township officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the board of supervisors nor its members shall give orders to any such officer or employee, either publicly or privately.
(a) 
Vacancies. The office of a supervisor shall become vacant upon his death, resignation, removal from office in any manner authorized by law, or forfeiture of his office.
(b) 
Forfeiture of Office. A supervisors shall forfeit his office if he (1) lacks at any time during his term of office any qualification for the office prescribed by this charter or by law; (2) violates any express prohibition of this charter; (3) is convicted of a crime involving moral turpitude; or (4) fails to attend three consecutive regular meetings of the board of supervisors without being excused by the board of supervisors.
(c) 
Filling of Vacancies. If a vacancy shall occur in the office of the board of supervisors for any reason set forth in this charter, the remaining members of the board of supervisors shall fill such vacancy by appointing a person qualified under this charter to hold such office for the unexpired term thereof. If the board of supervisors shall refuse, fail or neglect, or be unable for any reason whatsoever, to fill such vacancy within forty-five (45) days after the vacancy occurs, then the Court of Common Pleas shall, upon petition of the board of supervisors or of any five (5) citizens of the township, fill the vacancy in such office by the appointment of a qualified resident of the township for the unexpired term of the office. Notwithstanding the requirement in section 310 that a quorum of the board of supervisors consists of three (3) members, if at any time the membership of the board of supervisors is reduced to less than three (3), the remaining members may by majority action appoint additional members to raise the membership to three (3).
The board of supervisors shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of his 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 township at least two (2) weeks in advance of the hearing. Decisions made by the board of supervisors under this section shall be subject to review by the courts.
The board of supervisors may appoint an officer of the township who shall have the title of township clerk. The township clerk shall give notice of board of supervisors' meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned to him by this charter or by the board of supervisors.
The board of supervisors may make investigations into the affairs of the township and the conduct of any township department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the board of supervisors shall be guilty of a misdemeanor and punishable by a fine of not more than three hundred dollars ($300.00), or by imprisonment for not more than thirty (30) days, or both.
(a) 
Meetings. The board of supervisors shall meet regularly at least once in every month at such times and places as the board of supervisors may prescribe by rule. Special meetings may be held on the call of the chairman or of three (3) or of more members and upon no less than twenty-four (24) hours notice to each member. All meetings shall be public; however, the board of supervisors may recess for the purpose of discussing in a closed or executive session limited to its own membership any matter which would tend to defame or prejudice the character or reputation of any person, provided that the general subject matter for consideration is expressed in the motion calling for such session and that final action thereon shall not be taken by the board of supervisors except in public meeting.
(b) 
Rules and Journal. The board of supervisors shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record.
(c) 
Voting. Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. Three (3) members of the board of supervisors shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the board of supervisors. No action of the board of supervisors, except as otherwise provided in the preceding sentence and in section 306, shall be valid or binding unless adopted by the affirmative vote of three (3) or more members of the board of supervisors.