A.
A "citizens' group" is any entity, other than the Board of Commissioners
or the township administration, however created, exercising any power
of municipal government or advising any agency of municipal government
in Cheltenham Township, which the Board either creates or to which
the Board has the power to appoint any member.
B.
Unless otherwise provided, the Board, by ordinance, by an absolute
majority vote, may create, modify or abolish citizens' groups,
whether called boards, commissions, authorities or by any other designation,
in each instance prescribing the functions and organization thereof,
and providing for the compensation, if any, to be paid to employees
thereof.
C.
Citizens' groups shall be advisory only, except that a citizens'
group may exercise such governmental functions as are conferred upon
it by the Board or state law in any of the following cases:
(1)
Where the creation of a citizens' group is required by state
law or this Charter.
(2)
Where at least one (1) member of the citizens' group has been
appointed by a governmental instrumentality other than the Board.
(3)
Where any significant portion of funding to the township or to a
citizens' group is to be provided by sources other than the Board
when the condition of any such appropriation, grant, gift or loan
is that such citizens' group shall have such governmental functions.
(4)
An administrative function otherwise exercisable by the Township
Manager may be delegated to a citizens' group when an ordinance
of the Board provides that any administrative action of such group
may be approved, modified or rejected by the Manager at the instance
of any aggrieved party and that the action of the citizens' group
or the Manager may be approved, modified or rejected by the Board
on its own motion or on appeal thereto by the citizens' group
involved or by any aggrieved party.
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Commentary: "Citizens' group"
is the generic name used by this Charter to describe any agency of
government. It would not include the Board, its committees or the
township officers or employees. For example, a meeting of township
department heads would not be a citizens' group, but a township
department head could be one (1) member of a citizens' group.
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The threshold question is what function should be delegated to citizens' groups and in what manner. Obviously, unless statutes require otherwise, the power to make policy should be left to the Board. It was felt that even administrative functions should not be delegated generally except with supervisory review by the Manager and ultimately by the Board. Section C1301C(4) states the general principle. One (1) example would be the Electrical Examining Board.
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The only other areas where it is contemplated that governmental functions will be exercised by other than the Board are those areas where there is a public purpose which transcends the fundamental principle that governmental functions in the township should be exercised by the Board. Such areas are where a joint function is to be undertaken with other governmental units such as another township or the Cheltenham School Board [see § C1301C(2)]; or where the condition of a grant from the state or federal government (or in significant amounts from a private source) is that the funds are to be administered by a citizens' group [see § C1301C(3)].
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The Fire Board is a citizens' group permitted
by this Charter. The fire companies are not citizens' groups.
Nothing in this Charter prohibits the continued appropriation of township
funds to fire companies as is the current practice.
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A.
The President shall nominate, other members of the Board may nominate
and the Board by absolute majority shall appoint to all citizens'
groups those residents whom the Board shall have the power to appoint.
B.
Except for appointment to temporary citizens' groups [groups which shall not continue to exist for more than ninety (90) days after their creation], such appointments may be made only after notice of intention to make such nomination has been posted in the Township Building and, with respect to the citizens' groups described in § C1309, has been advertised in a newspaper of general circulation in the township at least ten (10) days and not more than thirty (30) days prior to the nomination. Said notice shall indicate the date and time when such nomination shall be made and shall invite citizens to make application for such position. Copies of all applications received shall be provided to each member of the Board prior to or simultaneously with the submission by the President of his nomination.
C.
Except as otherwise provided, the following provisions shall govern
the terms of office of members of citizens' groups:
(1)
The Board, by ordinance, shall determine a uniform term of office
for each class of members of each citizens' group. The Board
may provide that the terms of members may expire simultaneously or
on a staggered basis. If the Board desires to provide for expiration
of terms on a staggered basis, it may establish some shorter initial
terms when creating a new citizens' group.
(2)
No term of office of any member of a citizens' group shall be
for a period longer than four (4) years, nor for a period less than
the lesser of one (1) year or the remaining period of existence of
the citizens' group.
(3)
Appointments to fill a vacancy occurring during the course of a term
of office shall be for the remainder of the term.
D.
No person may be appointed to the Civil Service Commission, the Planning
Commission, the Zoning Hearing Board or to any other citizens'
group, or a class of members thereof, which functions other than in
an advisory capacity when, in the case of a citizens' group or
class thereof with fewer than five (5) members, such appointment would
result in more than two-thirds (2/3) of the members of such class
or such citizens' group being members of the same political party
or when, in the case of such class or citizens' group with five
(5) or more members, such appointment would result in more than eighty
percent (80%) of the members of such class or citizens group being
members of the same political party. This provision need not be implemented
during the two-year period following the effective date of this Charter.
This provision shall not apply to any class or citizens' group
whose members are required by statute or ordinance to be appointed
by virtue of positions they hold at the time of such appointment;
provided that no statute or ordinance, nor any provision of this Charter,
shall create or be deemed to create any such class on the Zoning Hearing
Board, Planning Commission or Civil Service Commission.
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Commentary: The President is required by the terms of § C1302A to make a nomination in order to assure that someone will have that responsibility, but the other Board members may also nominate, and it is the Board which appoints. Because such appointments are important, the Charter requires at least an absolute majority of Commissioners to agree.
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The purpose of § C1302B is to assure, to the extent practicable, that the public is aware that a vacancy on a citizens' group is to be filled so that interested citizens may apply. Thus, as to the certain important citizens' groups, advertising is required. As to other citizens' groups, in order not to delay the Board, advertising is not required, but a notice must be posted in the Township Building; any citizen desiring to be informed of such posted intentions to nominate may obtain copies of such notices pursuant to § C1403A.
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The four-year term provided in § C1302C is to ensure against indefinite tenure by neglect. The Board must at least review and appoint each four (4) years. A six-year term is provided for Civil Service Commission members (see § C1304) since the current Civil Service Commission for police requires such terms, Township Code Section 626,[1] and it was desired to have one such Commission for the
township.
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Section C1302D enunciates the principle that appointment to citizens' groups will be made from among township electors of more than one (1) political party. Although it does not apply to purely advisory bodies, the GSC hopes that the principle is adopted for all citizens' groups except where size makes its application impractical. This will minimize use of citizens' group appointments for honoraria or political reward.
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As stated, § C1302D would not operate to remove any present member from a citizens' group, but no new appointment or reappointment could be made if this would result in more than two-thirds (2/3) [or eighty percent (80%), where applicable] of that group being composed of members of one (1) political party. To avoid a prohibition against reappointing the member of a citizens' group whose term first expires after the Charter's effective date, the operative date of the § C1302D requirement is postponed for two (2) years after the Charter's effective date.
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It should be noted that this provision does not pertain
to a situation where an ordinance or statute requires such appointment
because of the position that a person holds. For example, if an ordinance
required that all members of a particular citizens' group were
to be the presidents of ten (10) specific civic associations, then
such appointments would be made "by virtue of positions..." and would
be made without regard to the membership which such persons might
hold in any particular political party.
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If the ordinance provided that those officers in the
ten (10) civic associations were to sit with five (5) other persons
appointed by the Board, then the civic association representatives
would constitute a class, as would the remaining five (5) members
to be appointed from the public. Again, the ten (10) representatives
of civic associations would be appointed without regard to their political
affiliations. Inasmuch as the ordinance does not specify that the
remaining five (5) members are appointed because of positions they
hold, the provisions of this section would apply, and not more than
four (4) of the five (5) persons appointed in that class could be
members of the same political party.
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[1]
Editor's Note: See 53 P.S. § 55626.
A.
Each citizens' group shall elect, from its own members, its
officers who shall serve for terms of one (1) year.
B.
Each citizens' group shall report its activities to the Board
at the times (but not less frequently than annually) and in the manner
specified by the Board.
C.
Any citizens' group which is authorized to purchase goods or services shall do so in accordance with the principles of competitive bidding set forth in Article XII of this Charter.
D.
Any citizens' group which is authorized to hire employees shall do so solely upon the principles of merit and fitness, and such citizens' group shall be subject to the principles set forth in § C1106. Each such citizens' group may create a personnel system in accordance with the principles established in § C1105 unless or until its employees are included within the personnel system created by the Board in accordance with § C1104. All employees of citizens' groups and members of the Zoning Hearing Board, Civil Service Commission and any other quasi-judicial citizens' group shall be subject to the prohibition against political activity set forth in § C1107, except that such prohibition shall not apply to persons who are also elected township officials.
E.
The members of citizens' groups and any employees thereof shall
be subject to the prohibitions and restrictions regarding conflicts
of interest set forth in §§ C1109 through C1113 or
adopted pursuant to § C1114 of this Charter.
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Commentary: Presently each citizens'
group reports to the Board through the committee of the Board which
is most interested in its work. It is assumed that this reporting
procedure will continue until and unless the Board decrees otherwise.
Alternatively, the Board could provide that a particular citizens'
group should report its activities to the Township Manager.
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A /citizens' group may be authorized to purchase goods or services pursuant to a statute or in accordance with an ordinance promulgated as provided in § C1301. Certainly such a group should not be permitted to purchase goods or services in a manner less restrictive or careful than that mandated for the Board itself.
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The provisions of § C1303D extend the bar against certain political activity to employees of citizens' groups because they, too, in reality are employees of the township and are so perceived by the public. The justification for this limited prohibition is the same as expressed in the commentary to § C1107. Generally, the § C1107 restrictions are not imposed on elected officials or members of citizens' groups. Its imposition on members of the Zoning Hearing Board and the Civil Service Commission (other than a member who is also an elected official) is justified by reason of the sensitive quasi-judicial nature of these groups.
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A.
There shall be a Civil Service Commission consisting of three (3)
members, only one (1) member of which may be a member of the Board.
They shall serve for terms of six (6) years, which terms shall commence
at two-year intervals.
B.
The Civil Service Commission shall perform the functions assigned to it in § C1105A(1) and (7) hereof and shall perform such other functions in the administration of the personnel system as are assigned to it by state law or by ordinance of the Board.
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Commentary: The three-member, six-year
term provisions are identical to those required by state law for the
Civil Service Commission which presently administers civil service
for police. This Commission will now expand its functions to include
administration of the township's personnel system for all permanent,
full-time, non-policy-making employees. The basic evaluation of candidates
for township employment shall continue to be made by the Township
Personnel Director, who will now be supervised in performing that
function by the Civil Service Commission.
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A.
There shall be a Planning Commission consisting of five (5) members.
They shall serve for terms of four (4) years. The terms of not more
than two (2) members shall commence in any one (1) year. The Board
may, by ordinance, expand the Planning Commission to seven (7) members
by absolute majority vote, in which event it may set initial terms
of fewer than four (4) years, more than two (2) of which may commence
in one (1) year, so that thereafter appointments shall be for four
(4) years and the terms of not more than two (2) members shall commence
in any one (1) year.
B.
The Planning Commission shall perform the following functions in
addition to those which are bestowed upon it by the state law, other
provisions of this Charter or ordinance of the Board:
(1)
The Planning Commission shall make recommendations for the development of financial and planning policies for the township as described in § C601B hereof.
(2)
The Planning Commission shall undertake and discharge assignments
or projects given to it by the President or the Board. In addition,
consonant with its budget, it may at its own instance undertake projects
or studies relating to the above matters.
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Commentary: The Municipal Planning
Code, 53 P.S. § 10101 et seq. (the "MPC"), permits a Planning
Commission of three (3) to nine (9) members, with four-year terms,
but its creation is optional. The MPC does not require a Planning
Commission, but this Charter mandates it. Under the MPC, any such
Commission may be required to submit a Comprehensive Plan and has
the power to involve itself in broad questions of land use, housing,
environment and capital improvements, if the Board requests. The Planning
Commission must also be consulted on any change to the Comprehensive
Plan, the Official Map or any Zoning or Subdivision Ordinance, under
the MPC. This Charter specifies the Planning Commission's responsibilities,
which go well beyond land use questions. The present Planning Commission
felt that a group of five (5) to seven (7) was more manageable, and
the GSC accepted this judgment.
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[1]
Editor's Note: Former § C1306, Joint Parks
and Recreation Board, was repealed 12-21-1999 by Ord. No. 1951-99.
A.
There shall be a Library Board consisting of seven (7) members.
B.
The Library Board shall supervise, maintain and operate the township's
library facilities and such other library facilities as it may agree
to supervise, maintain and operate. The Library Board shall coordinate
the township library operations to the extent practicable with the
school district library operations.
[1]
Editor's Note: Former § C1308, Joint Financial
Resources Board, was repealed 12-21-1999 by Ord. No. 1951-99.
The entities referred to in § C1304 through C1308, any Zoning Hearing Board or any other citizens' group which may be required by state law are subject to all of the provisions of this Article XIII, except that the citizens' groups referred to in §§ C1304 through C1308 may not be abolished by the Board or modified in any way which would be inconsistent with the provisions of this Article XIII.
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Commentary: All citizens' groups, as defined in § C1301, are subject to the provisions of Article XIII. The purpose of § C1309 is to make clear that this Article also applies to particular groups mandated by state statutes and to immunize others from Board change. For example, a Zoning Hearing Board is now required by the Municipalities Planning Code.[1] It is not required by this Charter. If the MPC requirement
were dropped, the township would be free to reappraise zoning procedures
without any restrictions in this Charter. But so long as a Zoning
Hearing Board exists, it is a citizens' group under this Charter.
The MPC specifies only that there shall be three (3) members who shall
have three-year terms. But the Charter additionally requires that
no more than two (2) members of the Zoning Hearing Board could be
of the same political party (except that the terms of those in office
when the Charter becomes effective shall continue without interruption).
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Generally, the Board may create, modify or abolish any citizens' group. It does not have that power as to the groups specifically mandated by the Charter. The transition provision will keep all present citizens' groups for a time. But it will be the Board which will then decide whether the non-Charter groups continue or not, and it will have to continue a group by specific affirmative direction in an ordinance. See § C1504.
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[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Except as otherwise provided, members of the Board may be appointed
to citizens' groups.
