CHAPTER 41. BOROUGH OF KINGSTON HOME RULE CHARTER
Art.
Sec.
I. APPLICABILITY AND POWERS OF THE MUNICIPALITY … 41.1-101
II. THE MUNICIPAL COUNCIL … 41.2-201
III. THE MAYOR … 41.3-301
IV. MUNICIPAL ADMINISTRATOR … 41.4-401
V. LEGAL ADVISOR … 41.5-501
VI. FINANCIAL PROCEDURES … 41.6-601
VII. INITIATIVE, REFERENDUM AND RECALL … 41.7-701
VIII. ADMINISTRATIVE CODE … 41.8-801
IX. GENERAL PROVISIONS … 41.9-901
X. TRANSITION … 41.10-1001
The provisions of this Chapter 41 adopted November 5, 1974, effective January 5, 1976, unless otherwise noted.
ARTICLE I. APPLICABILITY AND POWERS OF THE MUNICIPALITY
Sec.
41.1-101. Applicability.
41.1-102. Grant of Powers.
41.1-103. Construction.
41.1-104. Inter-Governmental Relations.
§ 41.1-101. Applicability.
This charter shall apply to the Borough of Kingston, Luzerne County, Pennsylvania, which shall include all territory within the boundaries of the borough at the time when this charter shall take effect, and all territory that may lawfully be added to the borough at any time thereafter. The borough of Kingston shall be hereafter known and referred to as the Municipality of Kingston.
The Municipality of Kingston shall have full and complete powers of local self government as is or may be in the future possible under the constitution and laws of the Commonwealth of Pennsylvania and this Home Rule Charter; and, in addition, shall have all other powers not denied to it by said constitution and laws of Pennsylvania and by this charter.
The powers of the municipality shall be construed liberally and broadly in favor of the municipality, and the specific mention of particular powers in this charter shall not be construed as limiting in any way the general powers stated in this Article. All possible powers of the municipality are to be considered as if specifically and individually set forth in this Article, whether such powers are presently available to the municipality or may hereafter become available.
The municipality may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in-cooperation, by contract or otherwise, with the United States of America, or any agency thereof, and/or the Commonwealth of Pennsylvania and any political sub-division or agency thereof.
Sec. This article cited in 340 Pa. Code § 41.2-214 (relating to emergency ordinances); 340 Pa. Code § 41.7-704 (relating to recall); and 340 Pa. Code § 41.10-1007 (relating to temporary ordinances).
The legislative branch of the government of the Municipality of Kingston shall consist of an elective governing body which shall be known as the Municipal Council.
The Council shall be composed of seven (7) members elected at large by the electors of the Municipality.
Councilmen shall be elected to serve staggered terms of four (4) years each and until each of their successors qualifies. At the first municipal election subsequent to the adoption of this charter, the offices of the four (4) councilmen whose terms are then expiring shall be filled. At the next municipal election, the offices of the three (3) councilmen whose terms are then expiring shall be filled. Thereafter, at each municipal election four (4) and then three (3) councilmen shall be elected as the case may be. Their terms of office shall begin on the first Monday in January next following their election.
All councilmen shall be electors of the municipality and shall have been residents continuously in the municipality for at least one year immediately preceding their election and must remain continuous residents during their terms of office.
Except as otherwise provided in this charter, the Council shall have and exercise all legislative powers and duties now or hereafter conferred or imposed on said Council, or not denied to it, by applicable law. The Council shall have, but not by way of limitation, the following powers and duties:
A. To make appropriations, incur indebtedness, approve contracts, and adopt the budget;
B. To adopt, amend and repeal an administrative code, not inconsistent with this charter, which may create, alter, combine and abolish municipal departments, administrative units, authorities, boards and commissions not headed by elected officers and not provided for in this charter;
C. To levy taxes not otherwise prohibited by law;
D. To fix the amount of bonds of officers and employees who are paid from municipal funds;
E. To adopt by resolution all necessary rules and regulations for its conduct and procedure; and
F. To make or cause to be made such studies or post audits and investigations as it deems to be in the best interest of the Municipality.
The Council shall have the power to fix the compensation of its members, except that until 1978 each Councilman shall receive a salary of $2400 per annum. No change in the compensation of Council shall become effective for any councilman until the commencement of his new term of office. Councilmen shall receive no other municipal compensation, direct or indirect; and they shall receive no pensions or other forms of fringe benefits.
No councilman, during his Council term, shall hold any other elective office or employment in any municipal government for which compensation is prescribed; nor shall he hold any elective office under the government of the United States or the Commonwealth of Pennsylvania or serve as a member of Congress or of the General Assembly of Pennsylvania; nor shall he hold any office or employment in any political party.
The office of councilman shall become vacant through: a) death; b) resignation; c) recall; or d) forfeiture. Forfeiture occurs when a councilman: 1) lacks the qualifications of the office as defined by the charter; 2) violates an express prohibition of the charter; 3) is convicted of a crime more serious than a summary offense as defined by law; or 4) is absent and unexcused from four (4) consecutive regular meetings of Council and the office is declared vacant by Council.
A. The Council shall, by a majority vote of the total number of the Council, fill any vacancies in the office of councilmen. Should the Council fail, for any reason whatsoever, to fill a vacancy within thirty (30) days after the vacancy occurs, then the Court of Common Pleas shall, upon petition of any ten (10) citizens of the municipality, fill the vacancy. Any person, appointed to fill a vacancy shall be an elector of the same political party as the person who vacated the office.
B. If the vacancy occurs during the last year of a term, the appointee shall fill the unexpired term. If the vacancy occurs during the first three years of a term, the appointee shall serve only until the next scheduled primary, municipal or general election, occurring at least sixty (60) days after the vacancy has occurred, at which time the unexpired term shall be filled by the electors of the municipality.
C. The person so appointed or elected to fill a vacancy shall take office immediately upon qualifying.
The Council shall organize on the first Monday of January of each year. The Council at this organization meeting shall elect from its membership a President and a Vice President. The President, or in his absence the Vice President, shall preside at all meetings of the Council.
The provisions of this § 41.2-212 amended May 16, 1995. Immediately preceding text appears at serial pages (104445) to (104446). This section cited in 340 Pa. Code § 41.9-903 (relating to definitions and rules of construction).
A. The Municipal Administrator shall cause all ordinances to be published in summary form within (10) days following their enactment, at least once in a newspaper circulating generally within the municipality.
B. An ordinance shall become effective thirty (30) days following its publication date unless the ordinance shall specify a later date. This section cited in 340 Pa. Code § 41.6-606 (relating to adoption of budget); and 340 Pa. Code § 41.10-1007 (relating to temporary ordinances).
Upon written declaration by the Mayor that an emergency exists within the municipality, Council may, without regard to any other provisions contained in Article II and § 41.3-303 (D), adopt an ordinance upon the affirmative and majority vote of at least four (4) members of Council who shall be present at any meeting of the Council. The ordinance shall become effective immediately upon its adoption and shall cease to be effective on the thirty first (31st) day following its adoption.
A. All ordinances and resolutions of the municipality shall be entered, as approved, in the record books of the municipality. The record books shall be open and available to the public for inspection at reasonable hours. These books shall be in the custody and control of the Municipal Administrator. All entries made therein shall be at his direction.
B. All municipal ordinances and any existing resolutions having legislative effect shall be codified and the codification kept current. Copies of the codified ordinances and resolutions shall be made available to the public upon request at a reasonable charge.
The Council may make inquiries and investigations into the affairs of the municipality and the conduct of any municipal department, office, agency, or authority. To facilitate the conduct of such inquiries and investigations, Council shall have the authority, by subpoena, to compel the production of evidence in the control, custody and possession of the executive branch, and to administer oaths, and to take testimony.
The Council shall provide reasonable opportunity for interested citizens to address the Council at regular or special meetings on matters of general or specific concern.
Sec. This article cited in 340 Pa. Code § 41.7-704 (relating to recall).
The executive power of the municipality shall be vested in the Mayor.
A. The Mayor shall be elected by the electors of the municipality.
B. His term of office shall begin on the first Monday of January next following his election and shall be for four (4) years and until a successor qualifies.
C. He shall be an elector of the municipality, shall be at least twenty-five (25) years of age, shall have been a resident of the municipality throughout one (1) year immediately preceding his election and shall reside in the municipality throughout his term of service.
The Mayor shall be responsible for the supervision of all departments of the Municipal Government, and shall have all executive and administrative powers and duties of the municipality including but not limited to the following:
A. The duty to enforce the charter and ordinances of the municipality and the laws of the Commonwealth of Pennsylvania.
B. The duty to report to and inform Council and to the public, at regularly scheduled Council meetings, of the work being done in the municipality and on the conditions and needs of the municipal government.
C. The power to make recommendations for action by Council as he deems in the public interest.
D. The power to approve or veto an ordinance subject to the provisions of this charter.
E. The duty to appoint a Municipal Administrator for an indefinite term, subject to the approval of a majority of the total number of Council members, and the power to dismiss the Municipal Administrator on thirty (30) days written notice, with the approval of a majority vote of the total number of Council members.
F. The power to appoint, suspend and remove all department heads and other municipal appointees, and the right to delegate said power to the Municipal Administrator.
G. (1) The duty to appoint the legal advisor for an indefinite term, subject to the approval of a majority vote of the total number of Council members, and the power to dismiss the legal advisor upon thirty (30) days written notice, with the approval of a majority vote of the total number of Council members.
(2) The duty to appoint the finance secretary for an indefinite term, subject to the approval of a majority vote of the total number of Council members, and the power to dismiss the finance secretary upon thirty (30) days written notice, with the approval of a majority vote of the total number of Council members.
H. The duty to cause to be prepared the annual budget and capital program of the municipality and submit the same to Council as provided for in this charter.
I. The duty to submit to Council, and make available to the public, a complete report on the financial and administrative activities of the municipality.
J. The power to declare a state of emergency when a serious threat to the life, health or safety of its inhabitants shall occur within the municipality. The provisions of this § 41.3-303 amended November 8, 1994; amended November 7, 1995. Immediately preceding text appears at serial pages (195072) to (195073). This section cited in 340 Pa. Code § 41.2-214 (relating to emergency ordinances).
The Mayor shall not serve as a member of Council or otherwise hold any other elective office or employment in any municipal government for which compensation is prescribed; nor shall he hold any elective office under the government of the United States or the Commonwealth of Pennsylvania or serve as a member of Congress or of the General Assembly of Pennsylvania; nor shall he hold any office or employment in any political party.
The Municipal Administrator shall act as Mayor upon the occurrence of a vacancy in the office of the Mayor or whenever the Mayor shall be prevented by absence, disability, or other cause from attending to duties of his office; and in such event the Administrator shall possess all the rights, powers and duties of the Mayor. The Municipal Administrator shall serve as Mayor until the vacancy is filled or until the Mayor is able to resume his duties.
The office of Mayor shall become vacant through: (a) death; (b) resignation; (c) recall; or (d) forfeiture. Forfeiture occurs when the Mayor 1) lacks the qualifications of the office as defined by the charter; 2) violates any express prohibition of the charter; 3) is convicted of a crime defined as greater than a summary offense under law; or 4) has been unable to attend to his duties for sixty (60) consecutive days and the office is declared vacant by the Council.
A. The Council shall, by a majority vote of the total number of the Council, fill any vacancy in the office of Mayor. Should the Council fail, for any reason whatsoever, to fill a vacancy within thirty (30) days after the vacancy occurs, then the Court of Common Pleas shall, upon petition of any ten (10) citizens of the municipality, fill the vacancy. Any person appointed to fill a vacancy shall be an elector of the same political party as the person who vacated the office.
B. If the vacancy occurs during the last year of a term, the appointee shall fill the unexpired term. If the vacancy occurs during the first three (3) years of a term, the appointee shall serve only until the next scheduled Primary, Municipal or General Election, occurring at least sixty (60) days after the vacancy has occurred, at which time the unexpired term shall be filled by the electors of the municipality.
C. The person so appointed or elected to fill a vacancy shall take office immediately upon qualifying.
A. Council shall from time to time fix and determine the compensation of the Mayor, which during his term of office shall neither be increased nor decreased. No change in the compensation of the Mayor shall be adopted less than twelve (12) months prior to the commencement of a new term of office of the Mayor. The Mayor shall receive no other municipal compensation, direct or indirect, and shall receive no pension or other form of fringe benefits.
B. In the case of the first Mayor to serve under this Home Rule Charter, the compensation for the Mayor shall be five thousand ($5,000) dollars per annum.
The Mayor shall, subject to the confirmation of a majority of the Council present, appoint the members of authorities, boards, and commissions of the municipal government. Such appointments shall be made in writing and filed with the Council within ten (10) days after they are made. Appointees shall not take office until confirmed by Council or, if Council has failed to act, thirty (30) days from the time the appointment was filed with the Council. All such appointees shall serve at the pleasure of the Mayor except where a definite term has been established by law or by the Council. The mayor may designate a qualified person to serve in a temporary capacity not in excess of (90) days in any calendar year. If within ninety (90) days the Mayor fails to nominate or fill any position, which by the terms of this charter requires confirmation by Council, the Council shall make the appointment. This section cited in 340 Pa. Code § 41.9-905 (relating to authorities, boards and commissions).
Sec. There shall be a Municipal Administrator who shall be appointed by the Mayor, with the approval of the majority of the total number of Council members. If Council fails to act on the appointment within thirty (30) days thereafter, the appointment shall become final. The Municipal Administrator shall serve the municipality on a full-time basis and shall be responsible directly to the Mayor. He shall serve for an indefinite term and may be dismissed by the Mayor at any time with thirty (30) days written notice, with the approval of a majority vote of the total number of Council members. The provisions of this § 41.4-401 amended November 8, 1994; amended November 7, 1995. Immediately preceding text appears at serial page (195075).
The Municipal Administrator shall be chosen on the basis of his executive and administrative qualifications and experience. He shall be at least twenty-five (25) years of age and, although he need not be a resident of the municipality or the Commonwealth at the time of his appointment, during his tenure he shall reside within the municipality, unless excused by Council.
During his tenure, the Municipal Administrator shall not hold any other appointive or any elective governmental office, and shall not engage in any other business, occupation or employment.
The Municipal Administrator shall assist the Mayor in directing and supervising the activities of the departments of the municipal government. He shall serve as contact officer between the Mayor and such departments. He shall be responsible for the preparation of the annual budget; the establishment and maintenance of an accounting system, which shall be designed to accurately reflect the assets, liabilities, receipts, and expenditures of the municipality; the collection, custody, and disbursement of all borough funds; the administration of a personnel program; the administration of a purchasing program; the making of suggestions for the agenda of Council and the attendance thereat upon the request of Council; and the performance of such other duties as may be required by the Mayor, this Charter, or the administrative code. In the event of a vacancy in the office of Mayor, or if the Mayor is unable to attend to his duties for any reason, the Municipal Administrator shall act as Mayor and shall possess all the rights, powers, and duties of that office.
Sec. The Mayor, with the approval of a majority of the total number of Council, shall appoint a legal advisor for an indefinite period. The legal advisor shall be a person or a firm of persons licensed to practice law in the Commonwealth. The Mayor may remove the legal advisor at any time, with or without cause, with thirty (30) days written notice, with the approval of a majority vote of the total number of Council members. The provisions of this § 41.5-501 amended November 8, 1994; amended November 7, 1995. Immediately preceding text appears at serial page (195076).
The legal advisor shall be the chief legal officer of the municipality and shall furnish legal advice to the Mayor, to the Council, and to officers, boards, and commissions concerning any matter arising in connection with the exercise of their official powers and duties. The legal advisor shall have the right to access to the records of any officer, department, board, or commission of the municipality as necessary in the performance of his duties.
Neither the Mayor nor any member of Council or employee of any department, agency, or authority shall serve as legal advisor. The legal advisor shall not serve as legal counsel for any authority of the municipal government.
Sec. The fiscal year of the municipality shall commence on the first day of January and conclude on the last day in December of each year.
Prior to October 15 of each year the Mayor shall present to the Council the proposed budget for the next fiscal year and an accompanying budget message. The budget shall be a complete financial plan for the municipality, shall consist of an operating budget and a capital budget, and shall include the anticipated revenues and expenditures of all funds of the municipal government. It shall include the tax levies necessary to produce anticipated revenues.
The Mayor’s budget message shall explain the programs to be undertaken and their financial implications. It shall describe the important features of the budget; indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes; summarize the borough’s debt position; and include such other material as the Mayor deems desirable.
The budget shall be a public record available for public inspection after submission to the Council and prior to adoption, and after adoption, during regular business hours.
Not later than the first of November there shall be published in a newspaper circulating generally within the municipality a notice of the time and place of a public hearing on the budget. This meeting shall be held no later than the 15th of November.
Upon completion of the public hearing, but not later than December 1 of the year in which the proposed budget is submitted, Council shall adopt the budget by ordinance with or without amendment. Council may add to, delete from, increase or decrease any appropriation item in the operating or capital budget. No amendment to the budget shall increase authorized expenditures to an amount greater than the total of estimated income and cash reserve unless action is also taken to increase revenue to such a level. No amendment shall change expenditures required by law or for debt service or for any estimated unpaid obligations. The budget as adopted shall be of public record and shall become effective on January 1 of the following year, without regard to § 41.2-213B of this Charter.
If the Council fails to adopt a budget on or before December 1 of the year in which the budget is submitted, the proposed budget as submitted by the Mayor shall stand adopted.
Funds for the proposed expenditures shall stand appropriated to the same extent as if favorable action thereon had been taken by the Council.
Upon adoption of the budget by the Council, it shall be delivered within three (3) days to the Mayor, who within ten (10) days thereafter may veto or change any item contained in it. If the Mayor vetoes or changes any item in the budget, he shall return it to the Council with reasons for his veto or change stated in writing. The Council may re-approve any item over the veto or change of the Mayor within fifteen (15) days with an affirmative vote of a majority plus one of the total number of the Council.
When the budget shall have been finally adopted, the Council shall thereupon establish such tax rates as required by the budget so that the budget shall be balanced as to revenue and expenditures.
A. At any time during the fiscal year the Mayor may make transfers of unencumbered funds within departments and shall report such transfers promptly to the Council.
B. Council may by ordinance increase or decrease maximum expenditures in any department or make transfers between departments within the limitations of this Charter.
To meet a public emergency as declared by the Mayor, the Council may, by emergency ordinance, make emergency appropriations from contingent funds, revenue received from budgeted sources but in excess of estimates, revenue received from sources not budgeted, or revenue from any other source available to the municipality in an emergency.
Prior to September 15 of each year, the Mayor shall submit to the Council a comprehensive long-range plan for public services, capital improvements, and fiscal policy. Final Council adoption of the long-range plan shall occur prior to adoption of the annual budget.
No payment shall be made or obligation incurred against any appropriation unless there is a sufficient unencumbered balance in such appropriation. No payment of any funds of the municipality shall be made except upon approval of the Mayor or his designee. Directives for payment so approved shall be certified to the Municipal Administrator or any other person designated by the Mayor who shall be responsible for the preparation of checks or drafts of the municipality in conformity with the directives for payment so approved. In order to be valid, all checks and/or drafts of the municipality shall bear the signature of any two (2) of the four (4) officials of the municipality hereinafter designated from time to time by the Mayor. Designated signatories for all checks and/or drafts of the municipality are the Mayor, Municipal Administrator, Financial Secretary or Municipal Secretary. The provisions of this § 41.6-613 amended November 7, 1995. Immediately preceding text appears at serial pages (104454) to (104455).
Every appropriation, except an appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital expenditure shall continue in force until the purpose for which it was made has been accomplished, but it shall lapse if three years pass without any disbursement from or encumbrance of the appropriation.
The Council shall provide for an independent annual audit of all municipal revenues and accounts by a certified public accountant who has no personal interest, direct or indirect, in the fiscal affairs of the municipal government or any of its elected or appointed officers. The Council may provide for more frequent audits, as well as special audits, as it deems necessary. The results of the annual audit and the financial statement of the fiscal affairs of the municipality shall be presented to the Council and published in a newspaper circulating generally in the municipality by April 1 of the year following the fiscal year audited. The same accounting firm shall not be used for more than three consecutive years.
Sec. In accordance with the procedures hereinafter provided, the people of the municipality of Kingston reserve the power to propose and enact or reject ordinances independent of the Council; to approve or reject ordinances by referendum; and to recall any elective municipal officer.
Initiative petitions may, except as otherwise provided herein, propose ordinances on any subject. Such petitions shall be signed by qualified electors equal in number to at least twenty percent (20%) of the number of total votes cast for the office of Mayor in the most recent election for Mayor in the municipality. Each petition shall contain the full text of the measure and an enacting clause which shall read as follows: ‘‘Be it enacted by the people of the municipality of Kingston:’’. No signature contained in a petition on initiative shall be valid unless affixed to the petition within sixty (60) days prior to filing of the petition. The affirmative vote of the majority of those voting on the proposed ordinance shall be sufficient for its adoption, and upon certification by the County Board of Elections the ordinance shall become effective.
Petitions signed by five hundred (500) qualified electors and filed with the Municipal Administrator within ten (10) days after the enactment of an ordinance shall serve to postpone for forty (40) days the effective date of such ordinance. Within this 40-day postponement, petitions proposing a referendum on such ordinance shall be signed and filed by qualified electors equal in number to at least twenty percent (20%) of the number of total votes cast for the office of Mayor in the most recent election for Mayor in the municipality. Any ordinance duly referred to the people in this manner shall be adopted only when approved by a majority of those voting on the referendum and upon certification by the County Board of Elections shall become effective.
Petitions demanding the recall of any elective municipal officer shall be signed by qualified electors equal in number to at least forty five percent (45%) of the number of total votes cast for the office of mayor in the most recent election for Mayor in the municipality. No signature contained in a petition on recall shall be valid unless affixed to the petition within ninety (90) days prior to filing of the petition. If the majority of the votes cast on the question are in favor of recall, the office shall become vacant immediately upon certification of the results by the County Board of Elections. Any vacancy created by recall shall be filled in accordance with Articles II and III of this Charter.
Initiative, referendum, and recall shall be governed by the procedures and rules for form and sufficiency of petitions set forth in this Article as well as other procedures and rules regarding form and sufficiency of petitions as the Council may impose by ordinance consistent with the provisions, spirit, and purpose of this Article. All petitions shall be filed with the County Board of Elections, which shall be the judge of their sufficiency. Any duly proposed ordinance, or any question of approving or rejecting an ordinance or any question on recall, shall be submitted to the voters of the municipality at the next primary, municipal, or general election held at least sixty (60) days after the petitions are filed at the County Board of Elections.
Initiative and referendum powers shall not extend to:
A. The budget or capital program, or any ordinance relating to the appropriation of money or levy of taxes. In addition, initiative shall not extend to any ordinance relating to the salaries of municipal officials or employees, and referendum shall not extend to emergency ordinances.
B. No recall petition shall be filed against any incumbent of an elective office within the first year or the last year of the term of his office, nor shall such petition be filed more than once during his term of office; but an officer who has been re-elected for a successive term shall be subject to recall at any time, but not more than once, during such term.
Any ordinance adopted or approved by the voters of the municipality under this Article may not be amended or repealed within two (2) years of the effective date, except upon vote of the electorate. Any ordinance repealed through referendum shall not be re-enacted within two (2) years of the effective date of the repeal, except through initiative procedures.
If two or more conflicting ordinances are approved or adopted in the same election, Council shall, within sixty (60) days, enact amendments or repeals or both as may be necessary to remove the conflict between these two or more ordinances. In so doing, Council shall whenever reasonably possible preserve the provisions of that ordinance which, among those in conflict, was adopted or approved by the greatest number of affirmative votes.
Sec. This article cited in 340 Pa. Code § 41.10-1008 (relating to administrative organizations); and 340 Pa. Code § 41.10-1009 (relating to personnel actions).
Within four (4) months after the effective date of this Charter, the Mayor shall propose and submit to the Council an administrative code for the municipal government consistent with the provisions, spirit, and purpose of this Charter. If the Council fails to adopt an administrative code by ordinance within two (2) months after submission, the administrative code as proposed by the Mayor shall stand adopted. At any time, the Council may adopt, by ordinance, amendments to the administrative code.
The administrative code shall set forth the organization and administrative structure and procedures of the municipal government and shall include, among other things, an enumeration of departments, offices, and other administrative units of the municipal government and the division of powers among them; the internal procedures for their operations; the duties of the administrative heads, and their relationship to the Mayor and the Municipal Administrator. In addition, the administrative code shall, at all times, make adequate and specific provision for, but not be limited to, the following: purchasing procedures; a personnel system; conflict of interest provisions; a code of ethics; and any other rules, regulations, and procedures necessary and desirable to the efficient administration of the municipality.
Purchasing procedures in the administrative code shall include but not be limited to the following:
A. All contracts shall be executed on behalf of the municipality by the Mayor or his designated agent, except as otherwise provided by this Charter or by applicable law.
B. Except as otherwise provided in this Charter, all contracts in excess of One Thousand ($1,000.00) Dollars, to and including the sum of Four Thousand Nine Hundred Ninety-Nine ($4,999.00) Dollars, shall be awarded to the lowest responsible bidder only upon and after the solicitation of three (3) telephonic bids, where practicable, which bids shall be obtained and noted in writing by the Administration as to the identity of the bidder solicited, as well as the dates, times and amounts of said bids. All contracts of Five Thousand ($5,000.00) Dollars or more shall be awarded upon competitive sealed bid to the lowest responsible bidder. In awarding contracts, such factors as availability, cost and quality of service may be taken into consideration.
C. Procedures for competitive bidding shall include, but not be limited to: advertising, definitions, publication requirements, deposit and bond requirements, conditions, terms, rules and regulations. Council may change the minimum for competitive bidding by an ordinance adopted by a favorable vote of a majority plus one of the total number of Council. Terms of contracts for the purchase of materials and supplies shall not exceed twenty-four (24) months.
D. Competitive bidding shall not be required for: contracts with other governmental entities; contracts for emergency repairs or services involving danger to the health and safety of employees or the public; contracts for professional or unique service; contracts for the purchase of services, materials, or supplies available from only one vendor; and contracts relating to the acquisition or use of real property.
E. Negotiation of contracts for professional or unique services shall include advertisement of planned purchases containing an accurate and specific description of the services or items sought, together with necessary technical requirements; and a statement of the amount over which such contracts shall not be awarded except after public hearing held by the municipal executive. The provisions of this § 41.8-803 amended November 8, 1994. Immediately preceding text appears at serial page (104459).
The personnel system to be included in the administrative code for employees of departments, offices, authorities, boards, commissions, or administrative units of the municipal government shall be based on the merit principle and appointment and promotion shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of competence. The personnel system shall provide for, but not be limited to, policies and procedures for employee recruitment, selection, and advancement, training and career development, job classification, salary administration, fringe benefits, discipline, discharge, and other related activities. No person shall be appointed, promoted, demoted, dismissed or in any way discriminated against with respect to municipal employment because of race, color, sex, religion, or national origin.
A. The conflict of interest provisions to be included in the administrative code for elected municipal officials and employees of departments, offices, and other administrative units, and members and employees of authorities, boards, and commissions of the municipality shall, among other things, provide that no employee or officer of the municipality shall solicit, benefit by, or be financially interested in any contract for the purchase of property or services which involves municipal funds, except the services for which he is specifically retained. Any contract made in violation may be declared void by the Mayor or the Council. It shall also be provided that each elected or appointed employee of the municipality and each member or employee of a municipal authority, board, commission, or committee shall abstain from voting on or participating in the consideration or approval of any matter of municipal business in which he has any personal financial interest.
B. The code of ethics for elected municipal officials and employees of departments, offices, and other administrative units, and members and employees of authorities, boards, and commissions of the municipality shall provide, among other things, that no elected or appointed officer or employee of the municipality shall direct or compel any other officer or employee of the municipality to do or perform any outside private work during the hours he is employed by the municipality nor shall any officer or employee use or cause to be used any municipal-owned property for any private purpose.
C. The administrative code shall provide penalties for violations of the conflict of interest provisions and the code of ethics. The penalty for violation of any of the specific prohibitions of this section shall be forfeiture of office or employment, as well as other penalties provided by law.
There shall be designated in the administrative code the officials and employees of the municipality, and the members and employees of authorities, boards and commissions of the municipality who shall be bonded and the conditions and the amount of the bond. Bond premiums shall be paid by the municipality.
Sec. The Municipality of Kingston shall own, possess, and control rights to property of every kind owned, possessed or controlled by the Borough of Kingston when this Charter takes effect. It shall be subject to all debts, liabilities, and duties of the Borough.
This Charter may be amended as provided by the Pennsylvania Home Rule Charter and Optional Plans Law, Act 62 of 1972, as amended from time to time, or as otherwise provided by law.
A. Where a public hearing is required by this Charter, or by ordinance, it shall consist of a special meeting held by the Council, or the Mayor, as the case may be, at which there will be only one order of business, and at which the public shall be permitted to speak on the subject specified. For required public hearings, public notice must be given at least seven (7) days prior to the calling of the meeting, by the placement of a legal advertisement in at least one newspaper circulating generally within the municipality.
B. Public notice of the schedule of regular meetings shall be given once for each calendar year, and shall show the regular dates and times for meetings and the place at which meetings are held. Public notice of each special meeting and of each rescheduled regular or special meeting shall be given as to the date, time, and place of each meeting as herein provided.
C. Public notice of the schedule of regular meetings shall consist of the placement of a legal advertisement in at least one newspaper circulating generally in the municipality not less than twenty-four (24) hours prior to the time of the first regularly scheduled meeting of each year, and the posting of a copy of said notice prominently in the municipal building.
D. Public notice of each special meeting and of each re-scheduled regular or special meeting shall be given as to the date, time and place of such meeting by the posting of a copy of such a notice in the municipal building no less than twenty-four (24) hours prior thereto.
E. Adoption of an ordinance occurs when Council has completed all action necessary prior to submission of the ordinance to the Mayor for his approval or veto.
F. Enactment of an ordinance occurs when it is adopted by the Council and signed by the Mayor; or it is passed by the Council by an affirmative vote of a majority plus one of the total number of Council over the veto of the Mayor; or the Mayor fails to either veto or sign a measure adopted by Council within the ten-day period provided in § 41.2-212 of this Charter; or Council fails to act within the required period of time on those ordinances proposed by the Mayor, as outlined in this Charter, which shall become law in the absence of action by the Council.
G. An elector is a person who is legally qualified and eligible to vote, having met the age, residency and registration requirements as set forth by law.
H. The masculine pronoun shall be construed to include the feminine pronoun. The singular shall be construed to be the plural whenever the context shall require.
The municipality shall not deny to any person the enjoyment of any civil right, or discriminate against any person in the exercise of any civil right, because of race, color, religious belief, ancestry, sex or national origin.
A. General. There shall be such authorities, boards, and commissions as shall be established from time to time by applicable state law or by action of the Council.
B. Appointments. Except as otherwise provided in this Charter, all members of authorities, boards, and commissions shall be appointed by the Mayor in accordance with § 41.3-309 of this Charter. Upon failure of the Mayor to nominate a person to fill a vacancy within ninety (90) days after the vacancy has occurred, the Council shall make the appointment.
If any provision of this Charter shall be held by any court of competent jurisdiction to be invalid, such invalidity shall not affect any other provision of this Charter, it being the intent of the electors of this municipality that the remaining provisions of this Charter be given full force and effect as completely as if such invalid provision had not been included herein.
Sec. The provisions of this Article shall relate to the transition from the existing form of government to the form of government provided in this Charter. Where inconsistent with the preceding articles of this Charter, the provisions of this article shall constitute temporary exceptions thereto.
This Charter shall be submitted to a vote of the electors of Kingston Borough at the general election to be held on the fifth (5th) day of November 1974. The affirmative vote of a majority of those voting on the proposed charter shall be sufficient for its adoption.
The Charter shall, upon approval by referendum in the manner provided by law, become effective as of the first Monday of January 1976.
A. All municipal ordinances, resolutions, rules and regulations, which are in force at the time this Charter becomes effective and are not inconsistent with the provisions of this Charter shall continue in force until amended or repealed. Unless forbidden by the Constitution of the Commonwealth of Pennsylvania or an Act of the General Assembly, all laws relating to or affecting this municipality or its agencies, offices, or employees, which are in force when this Charter becomes effective, are superseded to the extent that they are inconsistent or interfere with the effective operation of this Charter or of ordinances or resolutions adopted pursuant thereto.
B. All municipal departments, bureaus, administrative units, offices, agencies, authorities, boards and commissions shall continue to exercise the powers conferred upon them, unless modified by the provisions of this Charter or by action taken thereunder.
A. All elected officials in office at the time this Charter becomes effective shall remain in office for the full term to which they were elected. However, they shall have the responsibilities, duties, authority, and compensation as set forth in and pursuant to this Charter.
B. The elected tax collector of the borough shall continue in office under the same term, conditions, and compensation existing on the date this Charter becomes effective until the expiration of his current term of office or until the office becomes vacant, whichever first occurs. When the current term of the tax collector shall become vacant as provided in this Charter, the office of tax collector shall cease to exist, and the duties of the tax collector shall be assumed by the executive branch of the municipality.
A. Nothing in this Charter, except as otherwise specifically provided, shall affect or impair the rights or privileges of persons who are officials or employees at the time this Charter is adopted; and nothing shall diminish the rights or privileges of any former employee or any present employee in his pension or retirement benefits.
B. Employees holding a municipal position on the effective date as well as the adoptive date of this Charter shall not be subject to competitive tests as a condition for continuance in the same position, but in all other respects such employees shall be subject to the personnel system provided for in this Charter.
C. Members of authorities, boards, or commissions in office at the time this Charter takes effect shall remain in office for as long as their respective terms of appointment shall continue, unless and until an authority, board, or commission shall be abolished, combined with another, or reconstituted, pursuant to this charter, in which case the members thereof shall vacate their respective offices upon written notice from the Mayor.
A. The Council may at any meeting held within ninety (90) days of the effective date of this Charter, adopt temporary ordinances to deal with cases in which there is urgent need for prompt action in connection with the transition of government, and in which the delay incident to the appropriate ordinance procedure would cause serious hardship or impairment of effective municipal government. Every temporary ordinance shall be plainly labeled as such but shall be introduced in the form and manner prescribed for ordinances generally.
B. A temporary ordinance may be considered and adopted with or without amendment at the meeting at which it is introduced and shall become effective upon enactment or at such later time as it may specify without regard to § 41.2-213B. After enactment of the temporary ordinance, the council shall cause it to be published as prescribed for other enacted ordinances in § 41.2-213A.
C. Every temporary ordinance, including any amendments made thereto after enactment, shall automatically stand repealed as of the effective date of the administrative code and shall not be re-adopted, renewed, or otherwise continued except in the manner prescribed in Article II of this Charter for ordinances.
Subject to the provisions of Article VIII of this Charter and until the effective date of the administrative code, the Mayor shall have the authority to provide for the issuance of written directives for the administration of the executive branch in such a manner as he shall deem necessary for the most efficient operation of the municipality. Copies of all such directives shall be forwarded to the Council within twenty-four (24) hours after being issued.
Until the effective date of the personnel system required by Article VIII of this Charter, the Mayor shall have the authority to establish by written directive a personnel system for municipal employees with regard to the hiring, discharging, or promotion of such employees. All personnel transactions shall be made on the basis of merit and fitness and in accordance with the provisions of said personnel system established by a written directive. A copy of said directive, and copies of any amendments thereto, shall be forwarded to Council within twenty-four (24) hours after being issued.
§ 41.1-102. Grant of Powers.
§ 41.1-103. Construction.
§ 41.1-104. Inter-Governmental Relations.
41.2-201. Status and Title.
41.2-202. Composition.
41.2-203. Staggered Term.
41.2-204. Qualifications.
41.2-205. Powers and Duties.
41.2-206. Salaries.
41.2-207. Prohibitions.
41.2-208. Vacancies.
41.2-209. Filling of Vacancies.
41.2-210. Organization.
41.2-211. Meetings.
41.2-212. Forms of Action by the Council.
41.2-213. Publication and Effective Date of Ordinance.
41.2-214. Emergency Ordinances.
41.2-215. Recording.
41.2-216. Inquiries and Investigations.
41.2-217. Citizens’ Right To Be Heard.
§ 41.2-201. Status and Title.
§ 41.2-202. Composition.
§ 41.2-203. Staggered Term.
§ 41.2-204. Qualifications.
§ 41.2-205. Powers and Duties.
§ 41.2-206. Salaries.
§ 41.2-207. Prohibitions.
§ 41.2-208. Vacancies.
§ 41.2-209. Filling of Vacancies.
§ 41.2-210. Organization.
§ 41.2-211. Meetings.
§ 41.2-213. Publication and Effective Date of Ordinances.
§ 41.2-214. Emergency Ordinances.
§ 41.2-215. Recording.
§ 41.2-216. Inquiries and Investigations.
§ 41.2-217. Citizens’ Right To Be Heard.
41.3-301. Executive Power.
41.3-302. Election, Term and Qualifications of the Mayor.
41.3-303. Duties and Powers of the Mayor.
41.3-304. Prohibitions.
41.3-305. Acting Mayor.
41.3-306. Vacancies.
41.3-307. Filling a Vacancy.
41.3-308. Compensation of the Mayor.
41.3-309. Executive Appointments.
§ 41.3-301. Executive Power.
§ 41.3-302. Election, Term and Qualifications of the Mayor.
§ 41.3-303. Duties and Powers of the Mayor.
§ 41.3-304. Prohibitions.
§ 41.3-305. Acting Mayor.
§ 41.3-306. Vacancies.
§ 41.3-307. Filling a Vacancy.
§ 41.3-308. Compensation of the Mayor.
§ 41.3-309. Executive Appointments.
41.4-401. Appointment of Municipal Administrator.
41.4-402. Qualifications.
41.4-403. Prohibitions.
41.4-404. Powers and Duties.
§ 41.4-401. Appointment of Municipal Administrator.
§ 41.4-402. Qualifications.
§ 41.4-403. Prohibitions.
§ 41.4-404. Powers and Duties.
41.5-501. Appointment and Qualifications of Legal Advisor.
41.5-502. Powers and Duties.
41.5-503. Prohibitions.
§ 41.5-501. Appointment and Qualifications of Legal Advisor.
§ 41.5-502. Powers and Duties.
§ 41.5-503. Prohibitions.
41.6-601. Fiscal Year.
41.6-602. Municipal Budget.
41.6-603. Budget Message.
41.6-604. Public Record.
41.6-605. Budget Hearing.
41.6-606. Adoption of Budget.
41.6-607. Failure to Adopt.
41.6-608. Item Veto or Changes in the Budget.
41.6-609. Balanced Budget.
41.6-610. Budget Modifications.
41.6-611. Emergency Appropriations.
41.6-612. Operational and Capital Plan.
41.6-613. Payment of Funds.
41.6-614. Lapse of Appropriations.
41.6-615. Independent Audit.
§ 41.6-601. Fiscal Year.
§ 41.6-602. Municipal Budget.
§ 41.6-603. Budget Message.
§ 41.6-604. Public Record.
§ 41.6-605. Budget Hearing.
§ 41.6-606. Adoption of Budget.
§ 41.6-607. Failure to Adopt.
§ 41.6-608. Item Veto or Changes in the Budget.
§ 41.6-609. Balanced Budget.
§ 41.6-610. Budget Modifications.
§ 41.6-611. Emergency Appropriations.
§ 41.6-612. Operational and Capital Plan.
§ 41.6-613. Payment of Funds.
§ 41.6-614. Lapse of Appropriations.
§ 41.6-615. Independent Audit.
41.7-701. General Powers.
41.7-702. Initiative.
41.7-703. Referendum.
41.7-704. Recall.
41.7-705. General Procedures, Form, and Sufficiency.
41.7-706. Limitations.
41.7-707. Repeal and Amendment of Ordinances.
41.7-708. Conflicts.
§ 41.7-701. General Powers.
§ 41.7-702. Initiative.
§ 41.7-703. Referendum.
§ 41.7-704. Recall.
§ 41.7-705. General Procedures, Form, and Sufficiency.
§ 41.7-706. Limitations.
§ 41.7-707. Repeal and Amendment of Ordinances.
§ 41.7-708. Conflicts.
41.8-801. Procedure for Adoption.
41.8-802. Provisions.
41.8-803. Purchasing Procedures.
41.8-804. Personnel.
41.8-805. Conflict of Interest and Code of Ethics.
41.8-806. Bonding.
§ 41.8-801. Procedure for Adoption.
§ 41.8-802. Provisions.
§ 41.8-803. Purchasing Procedures.
§ 41.8-804. Personnel.
§ 41.8-805. Conflict of Interest and Code of Ethics.
§ 41.8-806. Bonding.
41.9-901. Rights and Liabilities of the Municipality.
41.9-902. Amendment.
41.9-903. Definitions and Rules of Construction.
41.9-904. Guarantees of Non-Discrimination.
41.9-905. Authorities, Boards, and Commissions.
41.9-906. Severability.
§ 41.9-901. Rights and Liabilities of the Municipality.
§ 41.9-902. Amendment.
§ 41.9-903. Definitions and Rules of Construction.
§ 41.9-904. Guarantees of Non-Discrimination.
§ 41.9-905. Authorities, Boards, and Commissions.
§ 41.9-906. Severability.
41.10-1001. Nature of Article.
41.10-1002. Election to Adopt Charter.
41.10-1003. Effective Date of the Charter.
41.10-1004. Continuity.
41.10-1005. Authority of Existing Elected Officials.
41.10-1006. Officers and Employees.
41.10-1007. Temporary Ordinances.
41.10-1008. Administrative Organizations.
41.10-1009. Personnel Actions.
§ 41.10-1001. Nature of Article.
§ 41.10-1002. Election to Adopt Charter.
§ 41.10-1003. Effective Date of the Charter.
§ 41.10-1004. Continuity.
§ 41.10-1005. Authority of Existing Elected Officials.
§ 41.10-1006. Officers and Employees.
§ 41.10-1007. Temporary Ordinances.
§ 41.10-1008. Administrative Organizations.
§ 41.10-1009. Personnel Actions.
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