A.
Council shall be the governing body of the municipality and shall
possess all legislative authority for the municipality. It shall be
responsible for all duties and obligations imposed on the municipality
by law. Council shall function as a committee of the whole.
B.
Council shall have the power to enact, amend or repeal all ordinances
and resolutions not inconsistent with this Charter or with the laws
of the Commonwealth of Pennsylvania.
C.
Council shall have the power to create or abolish all authorities,
boards, commissions, committees, departments, offices or agencies.
D.
Council shall have the power to appoint and remove all members of
authorities, boards, commissions and committees, and any and/or all
members of its legislative and legal staff.
E.
Council shall have the power to receive and accept all gifts or donations
of real or personal property or interest therein in the name of the
municipality.
F.
Council shall have the power to make inquiries and investigations
into the affairs of the municipality and its government and into conduct
of any municipal department, office or agency.
G.
Council shall have the power to hold public hearings on any matter.
Notice of every such hearing shall be given at least 20 hours prior
to the meeting through a public medium by the municipality, and all
interested persons shall have the opportunity to be heard.
A.
Council shall appoint a municipal Manager. In the event of a vacancy
in the position of Manager, Council shall employ a replacement within
a reasonable time.
B.
Council shall adopt an administrative code which establishes and
defines the responsibilities of the municipal departments and agencies,
as well as such procedures as it may deem to be of basic importance
in the operation of the municipal government. Council shall have the
continuing authority thereafter, by amendment of the administrative
code, to make changes in departments and administrative organizations
and procedures.
C.
Council shall appoint the municipal Solicitor, who shall be an attorney
at law, or assistants as Council shall deem necessary from time to
time. The Solicitor or assistants shall be directly under the supervision
and control of municipal Council.
D.
Council shall appoint a municipal Clerk who shall be directly under
the supervision and control of Council. The municipal Clerk shall
serve as Clerk of the Council, keep its records and the minutes of
its proceedings, and perform such functions as may be required by
law or local ordinance.
E.
Council shall adopt a personnel system which provides for the appointment,
promotion and removal of all appointed officers and employees of the
municipality. Such system shall provide, among other things, that
all appointments and promotions of appointed municipal officers and
employees shall be made solely on the basis of merit and fitness demonstrated
by examination or other evidence of competence. Race, creed, color,
sex or political affiliation or beliefs shall not be a factor in any
appointment or promotion.
F.
Council shall adopt procedures which shall provide for the purchasing
of products, goods and services, the making of contracts and the sale
or lease of personal or real property of the municipality. Such procedures
shall provide for negotiated contracts, competitive bidding, detailed
bidding procedures, assurances of control on aggregate spending and
safeguards against special interests.
G.
Whenever a petition shall be presented to Council, signed by at least
2% of the number of people voting in the most recent municipal election,
requesting that Council consider and take action on the subject matter
thereof, it shall be the duty of Council to place the subject matter
of the petition on its agenda for a regular or special meeting taking
place within two months after receipt of the petition. Prior notification
of the time and place of such meeting shall be published in a newspaper
of general circulation within the municipality. At such a meeting,
Council shall consider and take action on such matter, provided the
same subject matter shall not be presented to Council by petition
pursuant to this section more than one time in any two-year period;
provided, further, this section is not intended to prevent any individual
or group of individuals from petitioning Council in any other legal
manner.
Council shall, in the conduct of its powers, be subject to the
following limitations:
A.
Individual Councilmen shall not exercise any power of Council unless
such authority shall be specifically delegated by Council or by this
Charter.
B.
Neither Council nor any of its members shall in any manner dictate
activities or the appointment or removal of any municipal officer
or employee who is appointed by the municipal Manager, but Council
or any of its members may express its views and discuss with the Manager
anything pertaining to the activities or appointment or removal of
any of his subordinates.
C.
Any Councilman who shall have a special personal or financial interest
in any matter before Council shall abstain from voting on the question
and shall inform Council of his reasons for abstention.
The following actions of the municipal Council shall be taken
by ordinance:
A.
Adoption of the Administrative Code, referred to in § C-19B
of this Charter.
B.
Adoption of the Personnel Code, referred to in § C-19E
of this Charter.
C.
Adoption of procedures for purchasing of products, goods or services,
for the making of contracts, and for the sale or lease of personal
or real property of the municipality, as referred to in § C-19F
of this Charter.
D.
Adoption of tax levies and authorizations for service charges, fees
and assessments.
E.
The setting of salaries of elected officers.
F.
All other actions which are legislative in nature, which affect or
regulate the conduct of the public, which create or establish any
long-term, permanent physical change, right or privilege, or which
amend or repeal any previously enacted ordinance.
