The number of Council members, their terms, election and qualifications
and the filling of Council vacancies shall be as provided in Article
Three, The Council, of the Home Rule Charter.
All meetings of the Council shall be open to the public as provided
by the Pennsylvania Sunshine Act (Opening Meeting Law).
Council welcomes and provides for public participation in the
local legislative policymaking. This section specifies the process
for public participation.
A. Citizens and taxpayers desiring to be placed on the agenda to address
the Council at a duly advertised meeting may do so by providing written
notice to the Town Manager specifying the issue or concern to be discussed
at least 24 hours prior to the day of the meeting. Such advance notice
provides members of Council an opportunity to adequately prepare a
response.
B. Citizens or taxpayers in attendance at a duly advertised meeting
shall be provided the opportunity to address the Council on any agenda
item without written notice. The presiding officer shall limit the
time each person shall speak to three minutes and shall give equal
time to all. Such discussion shall occur prior to the vote on the
agenda item.
C. When a group of persons wishes to address the Council on the same
subject matter, it shall be proper for the presiding officer to request
that a spokesperson be chosen by the group to address the Council
and to limit the number of persons addressing the Council on the same
matter so as to avoid unnecessary repetition.
D. Citizens are permitted by the Pennsylvania Sunshine Act (Open Meetings
Act) to record meetings with an audio or video recorder. Council
may issue reasonable rules concerning the use of recording devices
in order to avoid disruption of meetings.
E. Any person making offensive, insulting, threatening, insolent, slanderous,
or obscene remarks or who becomes boisterous or who makes threats
against any person or against public order and security while in the
Council chamber shall be forthwith barred by the presiding officer
from further audience at the meeting unless permission to continue
is granted by the majority vote of the Council members in attendance.
A police officer on duty during a meeting of Council may be designated
as ex officio Sergeant at Arms of the Council to carry out instructions
given by the presiding officer for the purpose of maintaining order
and decorum in the Council chamber.
The Council may, at any time, provide for standing, special
and ad hoc committees to assist with the carrying out of its function
to develop public policy and provide oversight of municipal administration
in areas such as finance, public works, recreation, and public safety.
The presiding officer shall appoint the chairperson for each committee.
Committees shall be comprised of no more than three members. All Council
members shall serve on at least one standing committee. Any such committee
appointed by the Council shall, thereafter, report to the Council
at the regular stated meetings of that body. The presiding officer
shall be the chair when Council meets as the Committee of the Whole.
Consistent with Article Three, Section 3.12(b) of the Home Rule
Charter and the Pennsylvania Sunshine Act (Open Meetings Act), minutes of all voting meetings of the Town Council and
committees of the Town Council shall be kept. Minutes shall record
the time, date and place of the meeting, the names of the members
present, the substance of all official action taken during the meetings,
and a record of how each individual voted. The minutes also must list
all members of the public who participated in the meeting and a summary
of their comments. Minutes shall not contain a verbatim record of
any proceeding, except a public hearing where testimony is taken under
oath required by the Home Rule Charter or state or federal laws.
Official actions of the Council shall be taken by ordinance,
resolution, or motion, as provided in Article Three of the Home Rule
Charter.
A. Motions.
(1) Motions are used by Council to initiate actions to adopt ordinances
and resolutions as well as transact or approve routine business items
such as approve minutes or accept reports that do not require an ordinance
or resolution.
(2) Any member making a motion shall indicate his intention, and no motion
shall be considered in debate until it shall have been stated by the
Mayor and, when demanded by a majority of the members of Council present,
shall be reduced to writing and read before the same shall be debatable.
B. Ordinances.
(1) Actions requiring an ordinance. Acts of the Council shall be by ordinance
in accordance with Article Three of the Home Rule Charter which provides
the form, procedure, effective date and publication specifications.
All votes on ordinances shall be by roll call.
(2) Introduction of ordinances. An ordinance may be introduced by any
member of Council at any stated monthly or special meeting of the
Council. At the time of its introduction, the member of the Council
introducing the ordinance, or anyone who may be designated to do so,
shall give a brief description of the purpose and content of the ordinance.
Upon introduction of any ordinance, a copy shall be distributed to
each Council member and to the Town Manager, and a reasonable number
of copies shall be filed in such other public places as the Council
may designate.
(3) Ordinances requiring prior public notice and hearing. No final action
shall be taken on the following types of ordinances and/or amendments
thereto without public hearing thereon and at least 10 but not more
than 30 days following published public notice, unless otherwise specified
by state or federal law:
(a)
Adopt or amend an Administrative Code or establish, alter, or
abolish any Town department, commission, office, or an authority;
(b)
Provide for a fine or other penalty or establish a rule or regulation
for violation of which a fine or other penalty is imposed;
(d)
Grant, renew, or extend a franchise;
(e)
Regulate the rate charged for its services by a public utility;
(f)
Authorize the borrowing of money;
(g)
Convey or lease or authorize the conveyance or lease of any
lands of the Town;
(h)
Regulate land use and development;
(i)
Amend or repeal any ordinance previously adopted; or
(j)
Adopt, with or without amendment, ordinances proposed under
the initiative power.
(4) Copies of ordinances. Copies of ordinances shall be available to
all persons requesting them upon payment of a reasonable reproduction
charge as established by Town Council.
C. Resolutions.
(1) Resolutions: generally. Resolutions are generally used for purposes,
including, but not limited to, the following:
(a)
Ceremonial or congratulatory expressions of the goodwill of
the Council;
(b)
Statements of public policy of the Council;
(c)
Approval of formal agreements of the Town, except for agreements
arising under an established purchasing system of the Town;
(d)
Approval, if required, of administrative rules, regulations
and bylaws arising under state statutes or Town ordinances; or
(e)
The filling of Town-appointed positions and of vacancies of
elected officials.
(2) Resolutions: emergency declarations. To respond to a public emergency
affecting life, health, property, or the public peace, the Council
may adopt one or more emergency resolutions within seven days of a
declaration of emergency issued by the Mayor, which may be adopted
without prior notice and may be made effective immediately. An emergency
resolution shall be introduced in the form and manner prescribed for
resolution generally, except that it shall be plainly designated as
an emergency resolution and shall contain, after the enacting clause,
a declaration stating that an emergency exists and describing it in
clear and specific terms. After its adoption the resolution shall
be published and printed as prescribed for other legislative actions.
It shall become effective upon adoption or at such later time as it
may specify. Every emergency resolution shall automatically stand
repealed as of 90 days following the date on which it was adopted,
but this shall not prevent reenactment of the resolution in the manner
specified in this subsection if the emergency still exists. An emergency
resolution may also be repealed by adoption of a repealing resolution
in the same manner as specified for the adoption of an emergency resolution.
Provisions as to salary and expense reimbursement shall be as
provided in Article Three, Section 4, of the Home Rule Charter.