The following terms, as used in this Charter, are defined as
follows:
1.
The words "absolute majority" mean a majority of all Councilmen in
office.
2.
The words "Councilmen," "he," and other similar terms are used generically
and, when so used, are intended to include the feminine and masculine.
3.
The words "employee" and "Borough employee" mean a person hired by
the Borough to work for wages or salary. No officer of the Borough
shall be classified as a Borough employee.
4.
The words "officer of the Borough" mean any person elected to public
office within the Borough and/or any person or agency appointed or
retained by the Council to perform specific services of a technical
or professional nature for the Borough. Officers of the Borough shall
include, but shall not be limited to, Councilmen, the Mayor, the Solicitor,
the Tax Collector, the Treasurer, the Auditors and the Engineer, the
Building Inspector and the Plumbing Inspector, if such officer be
appointed by the Council.
This Charter shall become effective on the first Monday of January
1976, except in the following particulars:
1.
Councilmen shall be elected in 1975 under the provisions of this
Charter, and for that purpose all sections of this Charter relating
to the election of Councilmen shall become effective immediately upon
the adoption of this Charter by the qualified voters of the Borough.
2.
Appropriations shall be made in the budget and salary ordinances
for the year 1976 so as to implement fully the provisions of this
Charter.
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The Council shall as promptly as possible adopt any legislation
necessary to implement the provisions of this Charter.
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Councilmen in office at the time this Charter becomes effective
shall be entitled to remain in office for the full terms for which
they were elected. However, they shall have responsibilities, duties
and authority only as set forth pursuant to this Charter. All other
officers of the Borough in office at the time this Charter becomes
effective shall be entitled to remain in office for the full term
for which they were elected or under the terms and conditions by which
they were appointed, as the case may be, and they shall continue to
receive the same compensation which they received prior to the effective
date of this Charter unless and until said compensation is increased
or decreased pursuant to the terms of this Charter.
Members of authorities, boards and commissions in office at
the time when this Charter takes effect shall remain in office under
the terms of this Charter for as long as their respective terms of
appointment shall continue, unless and until an authority, board or
commission shall be abolished, combined with another agency, or reconstituted,
in which case the members thereof shall vacate their respective offices
upon notice from the Council to do so.
Nothing in this Charter shall affect or impair any right or
privilege possessed by or vested in any person who shall be a Borough
employee at the time of the adoption of this Charter, and the adoption
of this Charter shall in no way diminish or remove any of such rights
and privileges.
All ordinances, regulations and resolutions in force at the
time when this Charter takes effect which are not inconsistent with
the provisions of this Charter shall remain in full force and effect
until altered, modified or repealed by or under authority of this
Charter or by ordinance or expired by their own terms. All ordinances
and resolutions in continued effect as of the effective date of this
Charter shall be construed as if enacted under this Charter but as
of the date of their original enactment.
The Borough shall continue to own, possess and control all rights
and property, of every kind and nature, owned, possessed or controlled
by it when this Charter shall take effect and shall be subject to
all its debts, obligations, liabilities and duties.
All officers of the Borough and all members of Borough authorities,
boards and commissions, prior to assuming office, shall take and shall
sign an oath of office or affirmation to support the Constitution
of the United States and the Commonwealth of Pennsylvania and to perform
the duties of their respective offices with fidelity, and/or such
other oath or affirmation as may from time to time be prescribed by
the laws of the Commonwealth of Pennsylvania. Such oath may be taken
and signed before any Judge or District Magistrate of the Commonwealth
of Pennsylvania, and no person shall be permitted to assume such office
until the oath, in written form, is filed with the Borough.
Within one year after the effective date of this Charter, the
Council shall adopt by ordinance, and thereafter from time to time
may amend by ordinance, an Administrative Code establishing and defining
as a minimum the responsibilities of all Borough departments and agencies
as well as such procedures as it shall deem to be of basic importance
in the operation of the Borough government.
Elected officers of the Borough shall hold their offices on
the condition that they behave themselves well while in office and
shall be removed upon the commission of misbehavior in office or of
any infamous crime. The term "misbehavior in office" shall include,
but shall not be limited to, the doing of any act prohibited by this
Charter or the failure to perform duties required by this Charter.
The Council, after due notice and hearing, may remove any elected
officer of the Borough found subject to removal or proceedings for
removal may be commenced in the court having jurisdiction thereof.
It is the intention of the electors of the Borough that if this
Charter cannot take effect in its entirety because of the judgment
of any court of competent jurisdiction holding invalid any part or
parts hereof, the remaining provisions of this Charter shall be given
full force and effect as completely as if the part or parts held invalid
has not been included herein.
