The number of Council members, their terms, election and qualifications and the filing of the Council vacancies shall be as provided in the Charter. (Article III, Sections 301 through 312.)
A.
The day, time and place of the organization meeting of the Council shall be as provided in the Charter. (Article III, Section 313.)
B.
The first order of business shall be the election
of Deputy Mayor of the Council and such other officers required by
the Charter or as the Council may deem appropriate.
C.
In the absence of the Mayor, the Deputy Mayor shall
exercise the duties of the Mayor. In the absence of both the Mayor
and the Deputy Mayor at any meeting, the Council shall appoint a Mayor
Pro Tem who shall have all the powers of the Mayor for that meeting.
A.
Public. Meetings to be public; all meetings of the
Council shall be open to the public as provided by law or Charter.
All official votes of the Council shall be taken at a meeting advertised
as open to the public.
B.
Regular meetings. It shall be the duty of the Council
to meet at least once a month. At the first meeting in January, Council
shall establish the times for regular meetings and approve the schedule
of meetings for the year. Council may adjourn to a stated time for
general business or for special business. If no quorum is present
at a regular or adjourned meeting, the majority of those who do meet
may agree upon another date for a meeting and may continue to so agree
until the meeting is held.
C.
Special meetings. Special meetings may be called by
the Mayor or upon written request of at least three members of Council.
A written notice shall be mailed or delivered to each Council member
giving at least 48 hours' notice of such special meetings. Such notice
shall specify the time and place of the special meeting and the business
to be transacted. No other business shall be considered at such meeting
by the Council. Presence at a meeting constitutes waiver of notice.
D.
Emergency meetings. The Council may hold and take
action at an emergency meeting at any time. Such emergency meetings
may be called by the Mayor provided that a quorum is present as provided
in the Charter, and a majority of the Council determines that the
holding of such meeting and the taking of emergency action at that
time is necessary to protect or promote the public health and safety
of the municipality.
E.
Executive sessions. The Council may hold executive
sessions as permitted by law. No official action shall be taken by
Council on any matter in executive session.
F.
Quorum. As otherwise defined in this chapter, a majority
of the City Council, including the Mayor, constitutes quorum for the
transaction of business. A quorum must be present at the anchor location
to convene an electronic meeting of the City Council unless provided
otherwise by state or federal law, rule, or regulation.
[Amended 12-13-2021 by Ord. No. 2021-22]
G.
Majority action. Four affirmative votes of Council
shall constitute a majority action for approval of all resolutions
and ordinances unless otherwise stated in this Charter.
H.
Council
members participating in an electronic meeting from a remote location
shall be considered present and are authorized to participate in the
meeting as if they were at the anchor location.
[Added 12-13-2021 by Ord. No. 2021-22]
I.
In
the event of an equipment failure, or other similar event causing
an interruption of communication with the remote location, the Mayor
present at the anchor location has the discretion to either: i) act
on the matters up for consideration on its agenda; or ii) continue
the matter to a subsequent meeting.
[Added 12-13-2021 by Ord. No. 2021-22]
J.
Electronic
public participation. Provided that the City has the technical capabilities,
members of the public can participate from a remote location by means
of telecommunication devices, such as telephones or computer terminals,
which permit, at a minimum, two-way audio communication between locations.
[Added 12-13-2021 by Ord. No. 2021-22]
K.
Electronic
meeting general procedures.
[Added 12-13-2021 by Ord. No. 2021-22]
(1)
Notice
of any electronic meeting of the Council shall be given in the same
manner as provided for all other City Council meetings. Meeting procedures
for electronic meeting of the Council shall be the same as for nonelectronic
meetings, except as noted below.
(2)
A speakerphone,
or similar amplifying electronic device, shall be connected in such
a manner that comments made by the persons participating electronically
will be broadcast at the anchor location and to all remote participants.
The presiding officer shall allow remote participants to participate
in the discussion to the same extent as if they were present at the
anchor location.
(3)
Matters
called to a vote in an electronic meeting shall be via roll-call vote,
and Council members or the Mayor (if applicable) participating from
a remote location must state their name and their vote audibly when
asked by the recorder. A roll-call vote shall also apply to motions,
in addition to votes upon resolutions or ordinances.
(4)
Minutes
of all meetings shall record the presence of members participating
through electronic means and members of the public who participate
through electronic means. The roll call for members present will be
taken verbally and recorded.
L.
Telecommunication.
Council may provide for the participation of council members in council
meetings by means of telecommunication devices, such as telephones
or computer terminals, which permit, at a minimum, audio and video
communication between locations, if the following apply:
[Added 12-13-2021 by Ord. No. 2021-22]
(1)
A majority
of the membership of council then in office is physically present
at the advertised meeting place within the City and a quorum is established
at the convening or reconvening of the meeting. If, after the convening
or reconvening of a meeting, a member has been disqualified from voting
as a matter of law, but is still physically present, council members
participating by telecommunication device in accordance with this
section shall be counted to maintain a quorum.
(2)
The telecommunication
device used permits the member or members of council not physically
present at the meeting to:
(a)
Speak
to and hear the comments and votes, if any, of the members of Council
who are physically present, as well as other members of Council who
may not be physically present and are also using a telecommunication
device to participate in the meeting; and
(b)
Speak
to and hear the comments of the public who are physically present
at the meeting.
(3)
The telecommunication
device used permits the members of Council and the members of the
public who are physically present at the meeting to speak to and hear
the comments and the vote, if any, of the member or members of Council
who are not physically present at the meeting.
(4)
Physical
absence of a Council member. Council members may only be authorized
to participate by telecommunication devices under one or more of the
following reasons:
(5)
Nothing
in this subsection shall be construed to limit the protections and
prohibitions contained in any law or regulation relating to the rights
of the disabled.
M.
Limitations
on remote participation. No member of Council shall miss more than
three consecutive business meeting at which he or she attends physically
unless excused by vote of Council. Any Council member who shall miss
more than three unexcused consecutive business meetings (attend physically)
may incur the following sanctions:
[Added 12-13-2021 by Ord. No. 2021-22]
N.
Declaration
of emergency. The physical quorum requirement at the anchor location
shall be suspended during the period of emergency unless declared
by state or federal law, rule, or regulation. In this situation, a
quorum can be established by utilizing both the number of members
present at the anchor location and the number of remote participating
members to achieve a quorum.
[Added 12-13-2021 by Ord. No. 2021-22]
O.
Meetings:
electronic participation. City Council members, the Mayor, and/or
City staff may participate in an electronic meeting of the City Council
as set forth in this section. All actions undertaken at an electronic
meeting held in compliance with this section are valid and binding,
to the same extent as if all participants had been physically present
at the anchor location. A notification to participate by City Council,
the Mayor, and/or City staff shall be made to the Mayor or City Manager
not less than 48 hours prior to the meeting. The forty-eight-hour
time limitation may be waived by vote of council upon cause shown.
[Added 12-13-2021 by Ord. No. 2021-22]
A.
The proposed agenda for any meeting of the Council
shall be prepared by the City Manager in consultation with the Mayor.
B.
The proposed agenda for any stated meeting shall be
forwarded to all members of the Council and be available to the public
at least 72 hours prior to the stated monthly meeting. In addition,
the agenda for the stated monthly meetings, adjourned monthly meetings,
special meetings and, where possible, emergency meetings shall be
posted in the municipal building.
C.
The title of any ordinance or resolution to be considered
shall be published as part of the agenda.
D.
The published agenda may be amended at the meeting
by a majority of the members present. No matters other than those
on the agenda as amended shall be acted upon by the Council.
E.
Supporting materials, including the full text of any
ordinances or resolutions to be considered, will be provided to members
of the Council and will be available in the office of the City Manager
to the public. The materials are to be available at least 72 hours
prior to the regular meeting, and, upon request, copies can be reproduced
at a reasonable fee.
A.
At the time appointed for any meeting of the Council,
the Mayor shall take the Chair and call the meeting to order. If a
quorum is present as provided in the charter, the Mayor shall proceed
with the order of business prescribed for the meeting. If, upon the
call of the roll, a quorum is not present, the Mayor shall order a
recess for a period of 30 minutes, and, if a quorum has not developed
by that time, the Mayor shall declare the meeting adjourned.
B.
Unless a majority of the Council votes otherwise,
the order of business for each regular meeting shall be as follows:
(1)
Pledge of Allegiance.
(2)
Roll call.
(3)
Approval of the minutes of the previous meeting.
(4)
Presentation and approval of bills.
(5)
Citizens requests.
(6)
Reports of municipal officials, committees and special
advisory groups.
(7)
City Manager report.
(8)
Unfinished business.
(9)
New business.
(10)
Adjournment.
C.
If there is an item of obvious controversy or of wide
public concern that has brought an overflow crowd to the meeting,
the presiding officer has the authority to enter that item as the
first item of new business (or unfinished business) on the agenda.
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.
A.
The presiding officer shall be responsible for the
orderly conduct of business at each Council meeting and shall preserve
order and decorum at such meetings.
B.
The Council at its organization meeting shall adopt
rules governing its procedure. The presiding officer shall announce
all decisions of the Council and shall decide all questions of order
without debate, subject however, to an appeal by any Council member.
Any ruling by the presiding officer may be overruled by a majority
of the members present.
C.
Every member of the Council desiring to speak shall
address the Chair and, upon recognition by the presiding officer,
shall confine remarks to the question under debate, avoiding all indecorous
language or reference to personalities. A member of the Council, once
recognized, shall not be interrupted when speaking unless it is for
the purpose of calling such person to order. If a member of the Council,
while speaking, is called to order, that person shall cease speaking
until the question of order is determined. When two or more members
request the floor at the same time, the presiding officer shall name
the one entitled to the floor.
D.
Any roll call vote of members shall be called randomly,
except that the Mayor shall be called last.
E.
No member of the Council shall speak more than 10
minutes upon the same motion in the same meeting, nor for more than
five minutes at a time, without the consent of the majority of the
Council members present.
F.
Roberts' Rules of Orders shall be followed at each
Council meeting.
A.
Any resident may provide comments to the Council during
the allotted public participation segment of the meeting. Every citizen
shall provide his or her name and address prior to making any statement.
B.
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 be granted a two-thirds majority vote of the
Council members present and voting.*(*Note: A two-thirds majority
vote shall consist of 2/3 of the Council members then present and
voting. If this number is a fractional number, it shall be rounded
to the next higher number.) Subsequent similar conduct shall be grounds
for barring a person for any number of future meetings as established
by action of Council.
The Council may, at any time, provide for special
committees to assist with the carrying out of its function. The presiding
officer shall appoint the Chairperson for each such committee. Each
committee so designated by the Council shall elect its officers and
provide for written rules governing its procedure. Any such committee
appointed by the Council shall, thereafter, report to the Council
at the regular stated meetings of that body.
Official actions of Council may be taken by
approval of an ordinance, of a resolution or by motion. All ordinances
and resolutions must be in written form. All actions of a legislative
character shall be taken by ordinance. All other actions of Council
shall be by resolution or motion, unless otherwise required by the
Charter, or in the ordinance establishing the rules of councilmanic
procedure. All final action in approving ordinances or resolutions
shall be by roll call vote, and the vote of each member of Council
shall be entered in the minutes of the meeting.
A.
Action requiring an ordinance. In addition to requirements
provided by law of the Charter, acts of the Council shall be by ordinance
which:
(1)
Adopt or amend an administrative code or abolish any
department, office or agency of the municipality.
(2)
Adopt or amend a code establishing a personnel system.
(3)
Provide for a fine or other penalty or establish a
rule or regulation for violation of which a fine or other penalty
is imposed.
(4)
Levy taxes.
(5)
Grant, renew or extend a franchise.
(6)
Establish, alter or abolish rate charges for any utility
or other service.
(7)
Authorize the borrowing of money.
(8)
Convey or lease or authorize the conveyance or lease
of any lands of the City of Latrobe.
(9)
Amend or repeal any ordinance previously adopted unless
such previous ordinance could have been taken by resolution or motion.
(10)
Establish wages, hours or fringe benefits of any positions
of the City of Latrobe.
(11)
Create any standing commission, board, authority or
any other similar agency.
(12)
Adopt the city budget.
B.
Ordinance form and procedure.
(1)
Every proposed ordinance shall be introduced in writing
and in the form required for adoption. No ordinance shall contain
more than one subject which shall be clearly expressed in its tide.
The enacting clause of all ordinances shall be: "The City of Latrobe
hereby ordains:" Any ordinance which repeals or amends an existing
ordinance shall set out in full the ordinance, sections or subsection
to be repealed or amended and shall indicate matter to be omitted
by enclosing it in brackets or by strike-out type and shall indicate
new matter by underscoring or by italics.
(2)
An ordinance 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 ordinance,
whereupon it shall be laid upon the table until presented for reconsideration
at a subsequent meeting on the motion of any member of the Council.
At the time of such introduction of an ordinance, or shortly thereafter,
and in any event more than three days prior to the meeting which such
ordinance will be considered for passage, each Council member shall
be supplied with a written copy of the ordinance and copies of the
same also shall be kept on file in the office of the Council Secretary.
An ordinance may be passed at the meeting at which it is introduced
unless tabled to the next regular meeting or special meeting set forth
by Council.
C.
Ordinance requiring prior public notice and hearing.
No final action shall be taken on the following types of ordinances
and amendments thereto without public hearing thereon and at least
10 days' prior public notice:
(1)
Zoning Ordinance and amendments thereto.
(2)
Adoption of the Zoning Map and amendments thereto.
(3)
Subdivision regulations.
(4)
Land development and land use regulations.
(5)
New taxes or increases in the rates of existing taxes.
No prior public notice shall be necessary for the reenactment of taxes
levied annually at the same rate.
(6)
New or increases in service charges.
D.
Copies of ordinances. Copies of ordinances shall be
available to all persons requesting them upon payment of a reasonable
reproduction charge.
E.
Codes of technical regulations. The Council may adopt
any standard code of technical regulation by reference thereto in
an adopting ordinance. The procedure and requirements governing such
an adopting ordinance shall be as prescribed for ordinances generally
except that:
(1)
The requirements of this section for distribution
and filing of copies of the ordinances shall be construed to include
copies of the code of technical regulations as well as the adopting
ordinances; and
(2)
A copy of each adopted code of technical regulations
as well as of the adopting ordinance shall be authenticated and recorded.
F.
Authentication and recording; codification.
(1)
Authentication. Every ordinance shall contain the
date of its enactment, and its enactment shall be verified by the
signature of the Mayor and Council Secretary who shall affix the Official
Seal of the City of Latrobe to the original copy of each ordinance.
(2)
Publication and effective date of ordinances. After
adoption, all ordinances shall be published one time in a newspaper
circulating generally within the City of Latrobe. Only the title and
a general summary of the substance of the ordinance need be published.
Publication shall occur within 30 days of the enactment of the ordinance.
The effective date of the ordinance shall be the publication date
unless a later date is specified in the ordinance or required by the
laws of the Commonwealth of Pennsylvania.
(3)
Recording of ordinances and resolutions. All ordinances
and resolutions of the City of Latrobe shall be entered verbatim in
permanent separate record books for ordinances and resolutions. No
ordinance shall be considered in force until the same is recorded
in the Ordinance Book. The Ordinance Book and the Resolution Book
shall be open and available for public inspection at reasonable hours.
These books shall be in the custody and control of the Council Secretary,
and all entries made therein shall be at the direction of the Council
Secretary.
(4)
Submission of ordinances and resolutions. The agenda
for all regular monthly meetings shall be prepared and transmitted
to the members of Council at least 72 hours prior to the stated meeting.
Resolutions and/or ordinances in written form shall be attached to
the agenda. The agenda may be amended to include a late resolution
or ordinance by a two-thirds majority vote of the Council members
present and voting.* (*NOTE: A two-thirds vote shall consist of 2/3
of the Council members then present and voting. If this number is
a fractional number, it shall be rounded to the next higher number.)
(5)
Penalty. Fine limits may be established by ordinance
to the extent of the maximum fine that may be levied by any non-Charter
municipality in the Commonwealth of Pennsylvania as that limit is
from time to time established by the General Assembly. Any ordinance
may provide that for continuing violations, each day that a violation
exists may be regarded as a separate offense and punishable as such.
Provisions as to salary and expense reimbursement
shall be as provided in the Charter. Members of the Council shall
receive no other compensation, direct or indirect, for the performance
of their duties. However, nothing in this section shall preclude the
right of the municipality to provide accident or liability insurance
coverage for members of the Council when on municipal business or
when in the performance of their official duties, limited to the duration
of their term. Members of the Council shall be entitled to reimbursement
for actual expenses incurred, provided that the expenditure:
The appointment, supervision, tenure and duties
of the Council Secretary shall be as provided in the Charter. Under
special circumstances, to be determined by resolution, the Council
may employ the services of legal counsel and such other staff as it
deems appropriate.
