The Council members, including the Mayor, prior to assuming office, shall take and shall sign an oath of office as shall from time to time be prescribed by the laws of the Commonwealth of Pennsylvania. Such oath may be taken and signed before any judge, District Justice, the Mayor of Latrobe or notary public 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 Council Secretary.
In addition to any Code of Ethics adopted by the Commonwealth of Pennsylvania, all Council persons, the Chief Executive Officer and department heads in the administrative service, before commencing their official duties, shall affirm to a Code of Ethics as may be adopted by the municipality from time to time. The signed affirmation of such Code of Ethics by Council persons, the Chief Executive Officer and department heads shall be filed with the Council Secretary.
Except as otherwise provided in this Administrative Code, and for the purpose of inquiries and investigations, the Council or its members shall deal with employees solely through the Chief Executive Officer, and neither the Council nor its members shall give orders to such employees either publicly or privately.
All elected officials of the City of Latrobe shall, on or before May 1 of every year during their term in office, file a State Ethics Commission Form with the Council Secretary, which shall be available for public inspection.
Elected officials. No elected official shall hold any other compensated city office during his or her term of office nor any city employment during his or her term of office or for a period of six months after vacating of said office.
Employees are prohibited from engaging in partisan political activity during working hours and at all times in city offices and facilities.
The city, the Civil Service Commission, the Planning Commission and the Zoning Hearing Board shall each have the power to conduct inquiries and investigations in aid of the exercise of their powers and performance of their duties. If any investigation could result in a commingling of investigatory and judicial/legislative functions of Council, the City Manager shall be Council's designate to initiate and supervise the investigation for and on behalf of the city. Council may, if it so chooses, designate an independent investigator.
The Council, the Civil Service Commission, the Planning Commission and the Zoning Hearing Board shall have the power to compel the attendance of witnesses and the production of documents and other evidence at investigative hearings and for that purpose may issue or cause to be issued subpoenas, signed by appropriate officials or commission members and served as provided by law.
The official presiding at any hearing shall have the power to administer oaths to witnesses.
If any person shall refuse or neglect to obey any subpoena, that person shall, upon conviction thereof at a summary proceeding, be sentenced to pay a fine as may be ordained.
If any person shall refuse or neglect to obey any subpoena, the official or board issuing same may, by petition upon approval of Council, apply to the Court of Common Pleas of Westmoreland County for its subpoena to compel the attendance of such person before the official, the commission or the Court. Upon failure to attend, the Solicitor shall request that such person be held in contempt of court and be punished therefor.
No person subpoenaed, as aforesaid, shall be required to respond to the same until mileage and witness fees, equal to those then established by law or ordinance, shall have first been furnished to the witness.
Whenever any time established by this chapter for the taking of any action expires on a nonweekday business day (Saturdays excluded) or on a legal holiday, such time shall not expire on said day but shall expire on the next business day.
Where law or ordinance prescribes certain functions to be performed by a designated department head under the former form of government such function shall be performed by the equivalent department director to which the respective functions have been assigned by this Administrative Code.
The Administrative Code shall be interpreted to grant to the City of Latrobe, a Home Rule Charter Community, the broadest possible powers and rights under a Home Rule Charter, the laws and regulations of the Commonwealth of Pennsylvania authorizing the creation of a Home Rule Charter Community and the case law interpreting the same.
It is the intent of the City of Latrobe, where any law of the Commonwealth of Pennsylvania applicable to a broad base of communities is applicable to the city, to follow not only the substantive law but the procedural law, rules and regulations as well.
It is the intent of the City of Latrobe to retain and maintain in force and effect any and all policies and procedures heretofore enacted by the Borough of Latrobe which are not inconsistent with the Administrative Code. By way of illustration, but not limitation, such policies would include personnel policy manuals; Police Department policies; code of conduct policies for elected officials, employees and other persons; and the building nonsmoking policy.
The City of Latrobe will be in a transition phase beginning January 1, 1998, for the reduction of Council to seven members (six Council members and the voting Mayor). During this transition period, the sections of the Administrative Code setting forth a quorum and a majority for voting purposes shall be suspended. Until the City of Latrobe consists of six members and the voting Mayor, a quorum shall be 1/2 plus one of the then-current number of the voting body (which shall include the then-current Council members and the Mayor) and a majority vote shall be 1/2 plus one of the then-current number of the voting body, whichever is less. In the event that 1/2 of such number (establishment of quorum or majority vote) results in a fraction, a quorum (and majority vote) shall be established by rounding the fractional number to the next lower number, plus one. When the voting body shall finally consist of six Council members and the voting Mayor, a quorum shall be four voting members, and a majority vote shall consist of 1/2 plus one of the quorum or 1/2 plus one of the then-current number of the voting body, whichever is less.
Editor's Note: This ordinance further provided the following as an illustration:
"(A) The voting members shall number 10 (9 council members and the Mayor).
"(B) A quorum of 10 voting members equals one-half (10) plus one = 5 plus 1 = 6.
"(C) If all members are present, a voting majority equals one-half (10) plus one = 5 plus 1 = 6.
"(D) If 6 members are present, a quorum exists. A voting majority for a quorum of 6 = one-half (6) plus 1 = 3 plus 1 = 4.
"(E) If 7 members are present, a quorum exists. A voting majority for a quorum of 7 = one-half (7) plus 1 = 3.5 plus 1 = 3 plus 1 = 3 (rounding to the next lower number) plus 1 = 4.
"(F) If 8 members are present, a quorum exists. A voting majority for a quorum of 8 = one-half (8) plus 1 = 4 plus 1 = 5.
"(G) If 9 members are present, a quorum exists. A voting majority for a quorum of 9 = one-half (9) plus 1 = 4.5 plus 1 = 4 (rounding to the next lower number) plus 1 = 5."
[Added 11-12-2013 by Ord. No. 2013-7]
The Council of the City of Latrobe may, from time to time establish, cancel, amend or increase various fees to be charged by the City or City departments. The establishment, cancellation, amendment or increase of fees may occur by resolution on a temporary basis, which said action shall be subsequently made permanent by ordinance to be enacted at the beginning of each calendar year. Hereafter, all fees adopted and approved by City Council shall be set forth on schedules attached to this Chapter 3, Administrative Code.