§ 21.1-101. Name.

 The boundaries of the Township shall be the actual boundaries of the Township on the effective date of this Charter, and as they may be lawfully changed thereafter.

 The Township shall have and may exercise any power and may perform any function not denied by the Constitution of Pennsylvania, by this Charter, or by the General Assembly, including without limitation any powers which may hereafter become available.

 The powers of the Township under this Charter shall be liberally construed in favor of the Township at all times in order to provide the Township with the greatest possible power of self-government, and the specific mention of any particular power in this Charter shall not be construed as limiting any general power stated in this Article.

   Commentary: : Sections 21.1-103 and 21.1-104 change present law. Today, unless the First Class Township Code (‘‘the Township Code’’) expressly gives power, the Township does not have it. Under this Charter, the Township will have all powers a Township can have unless some state law withdraws it.

ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION

Sec.

§ 21.2-201. Definitions.

 As used in this Charter:

   A. ‘‘Township’’ shall mean the Township of Cheltenham in Montgomery County, Pennsylvania.

   B. ‘‘Board’’ shall mean the Board of Commissioners of the Township of Cheltenham.

   C. ‘‘Absolute Majority’’ referring to a vote of the Board requires the affirmative vote of at least one more than half the number of Commissioners then authorized, including vacant seats.

   D. ‘‘Absolute Two-Thirds Vote’’ referring to a vote of the Board requires the affirmative vote of at least two-thirds of the number of Commissioners then authorized, including vacant seats.

   E. ‘‘Absolute Three-Quarters Vote’’ referring to a vote of the Board requires the affirmative vote of at least three-quarters of the number of Commissioners then authorized, including vacant seats.

   F. ‘‘Majority’’ referring to a vote of the Board requires the affirmative vote of one more than half the number of Commissioners present at the relevant meeting.

   G. ‘‘Unless otherwise provided’’ shall mean unless prohibited or required to be done differently by the Constitutions or statutes of the United States of America or the Commonwealth of Pennsylvania, by other provisions of this Charter, or by the final order of any court from which all appeals have been exhausted and after the time for filing such appeals has expired.

   H. ‘‘Compensation’’ shall include direct salary, fringe benefits such as insurance, and deferred compensation such as pensions.

   I. ‘‘Adopt’’, when used in reference to a Code, Codification or Ordinance, shall include the power thereafter to amend from time to time.

 In construing and applying this Charter, the following rules shall apply:

   A. This Charter shall be liberally construed and applied to promote its underlying purposes and policies.

   B. The Commentary of the Government Study Commission should be consulted in the construction and application of this Charter, but if text and commentary conflict, text controls.

   C. Section captions are not part of this Charter.

   D. Nouns and pronouns of masculine gender shall be deemed to refer or apply to persons of both sexes.

   Commentary: : At the present time Cheltenham Township’s government operates under the First Class Township Code. The State Act which permits Government Study Commissions, and Home Rule Charters (53 P. S. §  1-101 et seq.) provides that an adopted Charter supercedes the First Class Township Code (except for certain limited areas) insofar as the involved municipality is concerned. Throughout the Commentary to this Chapter, there are references to the First Class Township Code and comparisons between how Cheltenham presently operates under that Code and how this operation may change under this Charter. Whenever the First Class Township Code is referred to in Commentary, it is called the ‘‘Township Code.’’

ARTICLE III. TOWNSHIP BOARD OF COMMISSIONERS

Sec.

§ 21.3-301. Vesting of Powers.

 A. There shall be one Commissioner elected from each of the wards of the Township.

 B. The initial wards of the Township shall be the seven wards on the effective date of this Charter.

 C. The number of wards may not be reduced to a number not less than five or increased to a number not more than nine upon an absolute three-quarters vote.

   Commentary: : Although it is expected that the present seven ward structure will continue indefinitely, it was felt desirable to give flexibility to the Commissioners in the future to change to five or nine members without Charter amendment. The three-quarters vote requirement assures that such a change would not be made except with the near unanimous agreement of the Board. Under Sections 401 and 504 of the Township Code it is possible to have from five to fifteen Commissioners.

 The terms of all members of the Board shall be for a period of four years commencing at 8:00 p.m. on the first Monday of January following their election (or on the following day if such Monday is a legal holiday) except that a Commissioner filling a vacancy shall serve only for such time as provided in §  21.3-309, and except that a two year term may be established for a Commissioner following redistricting as provided in §  21.3-305.

   Commentary: : In its first drafts, the GSC provided that Commissioners’ terms would commence on the first Monday of December in the year of election, and also that the Board would organize at that time each year. It was deemed desirable to minimize the ‘‘lame duck’’ period, presumably the reason the State Legislature and School Districts organize on the first Monday in December, and Federal terms were moved from March to January. However, unlike those bodies, the Township budgets on a calendar year and (although this Charter does not require it) presumably will continue to do so. Budget preparation begins several months before adoption in late December. Several persons commenting on the earlier drafts felt bringing new Commissioners into the middle of the budget procedure might cause difficulty. For these reasons, the Charter provides that the terms of Township officials commence and the Board reorganizes on the first Monday of January, which is the present procedure under the Township Code.

   Consideration was given to institutionalizing the current practice of having newly elected Commissioners sit in before their terms commence. It was decided not to formalize this current practice, but its continued utilization is encouraged.

 Commissioners shall be nominated at the municipal primaries and elected at the municipal elections at the times and in accordance with the procedures established from time to time by the general laws of the Commonwealth of Pennsylvania. The procedures for filling a vacancy in the office of Commissioner shall be as set forth in § §  21.3-308A6 and 21.3-309.

 A. The Board shall by ordinance redistrict the Township into wards which are compact and contiguous and as nearly equal in population as is practicable:

   1. When the number of wards is reduced or increased pursuant to §  21.3-302C.

   2. When the population of any ward is fifty percent higher than any other ward.

   3. At any time the Board determines by ordinance that redistricting is necessary or the Board is ordered to do so by final court order.

   4. Within one year after receipt by the Township of that information, from the Federal Decennial Census, which is necessary for redistricting, unless there has been a redistricting pursuant to §  21.3-305A1—A3 within the five years immediately preceding receipt of such information.

 B. Such redistricting shall become effective on the first Monday in January after the municipal election following enactment of the redistricting ordinance for which there is sufficient time for the completion of the municipal primary election procedure then established by the general laws of the Commonwealth of Pennsylvania. For the purposes of such municipal primary and municipal election, such redistricting shall apply.

 C. In any redistricting ordinance, the Board shall number the wards consecutively, and shall specify when the terms of Commissioners of such redistricted wards shall commence, with the terms of odd numbered wards commencing simultaneously and those in even numbered wards commencing at a two year interval therefrom.

 D. Notwithstanding the provisions of §  21.3-303, the Board may fix initial terms of two years for any redistricted or new ward in order to accomplish the principle set forth in §  21.3-305C.

 E. At the municipal primary and municipal election to which such redistricting shall apply, an election shall be held for a term of two years in any of the redistricted wards in which an election would not normally be held at such time, but in which no elected Commissioner is residing as of the initial date for circulating nominating petitions for such municipal primary.

 F. Each elected Commissioner holding office upon the effective date of redistricting shall complete the term for which he has been elected, notwithstanding the requirement of ward residency in §  21.3-306, provided he continues to be a resident of the Township; provided, however, that his term shall terminate on the first Monday of January following any municipal primary election in which he has been nominated for the office of Township Commissioner.

   Commentary: : The Municipal Reapportionment Act of 1974 (53 P. S. §  11601 et seq.) presently would require reapportionment after every Federal decennial or special census. This would override the proviso in §  21.3-305A4. However, here and in several other provisions, the GSC has drafted what it deems most desirable should state law be changed or repealed. The ‘‘determines...is necessary’’ language of §  21.3-305A3 tracks the state statute (53 P. S. §  11508).

   The requirement that the Board redistrict whenever the most populous ward is 150% of the population of the least populous ward (§  21.3-305A2) is designed to establish a fair minimal standard for redistricting during the period between decennial censuses.

   Currently the initial census reports are in census tracts which do not provide sufficient information to redistrict. The time period described in §  21.3-305A4 begins when the Township receives the information (usually in blocks) which it must have to redistrict.

   The provision in §  21.3-305B makes the redistricting effective at the next municipal election following enactment of the redistricting ordinance, thus eliminating the distortion of the popular will and of the one-man, one-vote principle which occurs if the redistricting ordinance is made effective immediately and a Commissioner or Commissioners are appointed, thus resulting in a Board with an excessive number of members and with some constituents represented by two Commissioners, one of whom they elected and one of whom has been appointed.

   The provisions of §  21.3-305D and E contemplate that in the municipal election in which redistricting is to become effective, it may be necessary to elect a Commissioner for two years to make certain that a new ward will not be without an identifiable Commissioner residing therein.

   The provisions of §  21.3-305F with regard to the completion of term, and the removal of the ward residency requirement in that Section and in §  21.3-306, are necessary so as to accomplish the completion of term and make it possible for a Commissioner to move from the ward where he lives after redistricting to the ward in which his former constituents live without running afoul either of the continuing residency requirement during incumbency or the one year prior ward residency requirement (§  21.3-306). Should he be elected in such a ward where he does not live he will of course be required to establish residence in such ward prior to the beginning of his term, and he must maintain such residency throughout that term pursuant to §  21.3-306.

   The reason for the special exception from the completion-of-term rule which pertains in the case of a Commissioner who voluntarily seeks a new four year term while having two years to serve of his pre-redistricting term and the election machinery pertinent thereto are set forth in the commentary to §  21.3-308A6.

   It should be noted that the system for effectuating redistricting avoids the custom of appointment which inevitably further distorts the one-man, one-vote principle which redistricting is designed to implement. As the commentary to §  21.3-308A6 indicates, the GSC is aware that under certain circumstances the redistricting system here adopted will lead to a Board with more or less Commissioners than are currently authorized; the system adopted is designed to limit the circumstances under which this result may occur.

 A Commissioner shall be a citizen of the United States and shall have been a resident of the Township for a continuous period of at least two years, and of the ward he represents for a continuous period of at least one year, immediately prior to the date on which his term commences, except that the ward residence requirement shall not apply in the first municipal election after any redistricting. A Commissioner during his entire term of office shall be a registered elector and shall reside in the said ward except as otherwise provided in §  21.3-305F.

   Commentary: : The two-year residency requirement is new but deemed appropriate to insure that the Commissioners know the Township. Under §  21.5-504 of the Township Code, there is presently a one-year ward residency requirement. It was decided to retain this provision as to wards because of the same principle justifying the township residency requirement. It was necessary to remove all ward residence requirements on redistricting.

 The initial compensation of Commissioners shall be that compensation in effect on the date this Charter becomes effective. Thereafter, compensation shall be set by ordinance, passed by an absolute two-thirds vote. Any ordinance fixing compensation shall provide uniform compensation for the office of Commissioner. However, no change in compensation shall apply to a given Commissioner during a term of office if such ordinance is enacted less than one year prior to the commencement of that term. Furthermore, the Board at its discretion and by an absolute majority vote may pay as additional compensation to the President of the Board an amount equal to ten percent of the compensation then fixed for Commissioners. Commissioners shall receive no other direct or indirect compensation for the performance of their duties. They shall, however, be entitled to the actual, reasonable and necessary expenses incurred in the performance of their duties.

   Commentary: : This provision follows the general rule that an elected official shall not be permitted to benefit from an increase in compensation for which he or his fellow officials vote unless and until he is reelected. It extends that limitation for a period of one year before the term commences so that compensation to be paid will be known by any person contemplating seeking election to office. ‘‘Compensation’’ is defined in §  21.2-201H.

 A. The office of Commissioner shall become vacant:

   1. Upon the death of a Commissioner.

   2. Upon the written resignation of a Commissioner, which shall be submitted to the Township Manager.

   3. Upon the removal of a Commissioner from office in any manner authorized by law or by this Charter.

   4. For failure to take the oath of office after election or appointment thereto within ninety days after the commencement of his term or tenure.

   5. Upon determination by the Board that a Commissioner has forfeited his office, which shall occur as follows:

     a. If at any time during his term of office he lacks any qualification for office as prescribed by this Charter or by law.

     b. If at any time during his term of office he pleads nolo contendre or guilty to, or if he has exhausted all direct appeals from, a conviction for the commission of a crime involving malfeasance or misfeasance in his office of Commissioner.

     c. If without the approval of the Board he does not attend at least one meeting of the Board within any six-month period.

     d. The Board shall determine whether an act of forfeiture has occurred at a meeting where that matter is on the agenda and the Commissioner in question has been given at least ten days prior written notice. Such determination shall require an absolute majority. In the event that the Board determines that a forfeiture has taken place, it shall cause notice of such determination to be sent by certified mail to the Commissioner involved at least ten days before any action shall be taken to fill said office.

   6. Upon the termination of the term of a Township Commissioner prior to its normal termination date pursuant to §  21.3-305F, where the effect of such termination will be that no incumbent Commissioner shall thereafter be residing in the ward in which the terminated Commissioner resided as of the date of the enactment of the redistricting ordinance.

   Notwithstanding the provisions of §  21.3-309, such vacancy shall be filled by a special election to be held at the municipal election immediately preceding the termination of such term of office and the term of any person elected in such election shall commence on the first Monday of January following:

 B. In addition to the vacancy which shall occur as set forth in §  21.3-308A, the office of a Commissioner shall become vacant if the Board in its discretion shall determine by an absolute two-thirds vote that the ability of such Commissioner to perform his responsibilities has been impaired because he has, during such term of office, pleaded nolo contendre or guilty to or has been sentenced by a court of plenary jurisdiction for any of the crimes enumerated in §  21.14-1413. The Board shall follow the procedural requirements set forth in §  21.3-308A5d in making this determination.

   Commentary: : Criminal activity on the part of a Township Commissioner is the ground for removal from office under three separate provisions. Automatic removal is provided in certain limited situations in §  21.3-308A5b, discretionary removal by the Board is provided in a broader range of situations in §  21.3-308B, and should the Board not so remove, removal by the voters in the same circumstances is permitted through the use of recall, as provided in §  21.14-1413.

   A separate framework for removal for criminal activity exists under state statute (65 P. S. §  121) which provides for forfeiture of office upon conviction of the crimes enumerated in § §  21.3-308B and 21.14-1413 of this Charter. It presently is unclear as to when in the criminal process such forfeiture occurs and how and by what agency it is declared. Additionally, removal may occur under the Pennsylvania Constitution (Article Six, Section Seven) which provides for removal of all civil officers on conviction of ‘‘misbehavior in office’’ or any ‘‘infamous crime;’’ here too, the timing and procedure are unclear. The state statute and Constitutional provision continue to be applicable to Cheltenham officials.

   The provision of §  21.3-308A6 is part of the redistricting system (see the text and commentary at §  21.3-305). It provides for a special election to fill a vacancy where a Commissioner, who has two more years to serve of a term at the time of a municipal election in which redistricting becomes effective, decides to seek a four year term. It was the GSC’s view that his continuation on the Commission under such circumstances should depend upon his acceptability to the voters in the new district in which he seeks election. If he is successful in his efforts, he does not need the remaining two year term since he has a new four year term; if he is unsuccessful in seeking election, he should not be permitted to serve as a Commissioner for two years after rejection by the voters.

   Because the original term of this Commissioner will terminate on the first Monday in January following the municipal election in which he is seeking a four year term in the new district, a special election will be required to select a person to serve the remaining two years of the original term. The special election will take place at the same November municipal election in which the incumbent Commissioner is seeking a new four year term. The normal primary machinery cannot be used since the forfeiture of his remaining two year term is dependent upon his nomination in the primary (§  21.3-305F); accordingly, the nominating procedure employed in a special election, involving nomination by political parties, is utilized.

   The proviso clause ‘‘where the effect of such termination will be that no incumbent Commissioner shall thereafter be residing in the ward in which the terminated Commissioner resided...’’ is added so as to avoid the filling of the ‘‘vacancy’’ where there is no absence of a resident Commissioner, e.g., where two Commissioners reside in what will become the new ward after passage of the redistricting ordinance and one will remain even after the termination of the term of the Commissioner seeking a four year term pursuant to §  21.3-305F.

   The GSC recognizes that the redistricting system and the various procedures are not perfect and may lead to a situation where there are less or more than the authorized number of Commissioners for a period of two years. However, the procedure is designed to limit to the extent reasonably possible the circumstances under which such a distortion will occur.

   The only perfect way to avoid the possibility of an enlarged or reduced Board of Commissioners for two years would be to require election of the entire Board in the municipal election following redistricting, some for terms of two years and some for terms of four years. Such a scheme was deemed to be unfair to incumbent Commissioners and a factor which might make more difficult the recruitment of competent Commissioners in face of the possibility that their terms might be reduced to two years through no voluntary act of their own.

 Any vacancy which shall occur in the office of Commissioner shall be filled for the unexpired term in the following manner:

   A. By majority vote of the committee persons in the ward where the vacancy exists who are of the same political party or parties which nominated the Commissioner whose office has become vacant. In the event the Commissioner whose office has become vacant was not a nominee of a political party which has committee persons, then by a majority vote of all of the committee persons in said ward of all political parties which elected committee persons in at least half of the voting districts in said ward in the preceding municipal primary election. The vote shall be taken by secret ballot at a meeting convened by the Township Manager within forty-five days after the occurrence of such vacancy. Committee persons may vote only in person. Said meeting shall be open for public attendance and shall be held not less than six days nor more than thirty days after notice of the time and place thereof shall have been advertised in a newspaper of general circulation in the Township. The Township Manager shall promptly certify the results of the vote to the Board, at which time the tenure of the Commissioner so selected shall commence. In the event that the term of such newly designated Commissioner shall subsequently become vacant, such subsequent vacancy shall be filled by the same committee persons (or their successors) who had designated such Commissioner. The tenure of the Commissioner selected under this §  21.3-309A shall terminate on the first Monday of January following the municipal election in which a person is elected to complete the unexpired term in accordance with §  21.3-309B or is elected to a full term pursuant to §  21.3-304.

   B. By election at the next municipal election in accordance with the regular municipal primary and municipal election procedures, providing there has been time for the completion of such primary and election procedures, and provided that following the first Monday in January subsequent to such municipal election there is a period remaining in the term of the Commissioner whose office has become vacant. The tenure of the Commissioner so elected shall commence on the first Monday of January following such municipal election.

   Commentary: : Initially, the GSC considered requiring vacancies to be filled at the next election, whether primary or general, and with no interim appointment. While this provides assurance that the new Commissioner represents his electorate, there could be Board deadlock with only six members during the interim. The next draft then provided for appointment until the next election, which solved the deadlock problem. But several people objected to electing a Commissioner at a primary or at the Presidential or gubernatorial general elections. It was felt the local election could be overshadowed and its results distorted by other events (e.g., where only one of the political parties had a primary contest). The GSC was urged to delay until the next municipal election.

   The final text resolves these competing values. The vacancy is filled within forty-five days after its occurrence, thus preventing deadlock. It is filled, however, by the party committee people from that district, thus giving that constituency a say in naming the replacement, and also avoiding the anomalous situation of having a Commissioner of one party replaced by someone of a different party because of the Board’s political composition at that time (the result currently possible under Section 530 of the Township Code).

   The Manager is given the administrative responsibility for arranging the public meeting and placing the advertisement. He also is responsible for ascertaining the relevant committee people, and presumably will consult them before fixing a meeting date. The election itself is held by secret ballot. This is closest to the regular election procedure and is also consistent with the present manner in which the Township’s political parties endorse nominees. The Manager certifies to the Board who has been elected.

 Each Commissioner, prior to entering upon the duties of his office, shall take an oath or affirmation as follows: ‘‘I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States, the Constitution of this Commonwealth and the Cheltenham Township Charter, and that I will discharge the duties of my office with fidelity.’’ The foregoing oath shall be administered by a person authorized to administer oaths, shall be signed in his presence, and filed with the Township Manager.

   Commentary: : Although it has been traditional for the oath to be administered at the organization meeting, this provision does not require the oath to be taken at a particular time or place. Neither does present law, Township Code, Section 601, but under this Charter failure to take the oath can create a vacancy (§  21.3-308A4).

ARTICLE IV. OPERATION AND PROCEDURES OF THE BOARD

Sec.

§ 21.4-401. Organization of the Board.

 A. The Board shall organize at 8:00 p.m. on the first Monday of January of each year (or on the following day if such Monday is a legal holiday) and shall elect by an absolute majority vote one of its members as President and one of its members as Vice President. In the event the Board does not elect a President within thirty days, the Commissioner with the most seniority in office shall become the temporary President until such time as the Board shall elect a President. If two or more Commissioners share highest seniority, whichever of those Commissioners received the highest percentage of the vote cast in his last election contest for Commissioner shall act as temporary President. The same procedure shall be utilized to select a temporary Vice President if the Board does not elect a Vice President within thirty days.

 B. The Board by resolution shall create standing committees which shall continue until dissolved or changed by subsequent Board resolution. Special committees may be created by Board resolution or by the President’s designation for such term as the creator determines.

 C. The President, with the advice and consent of the Board:

   1. shall appoint the members of all standing committees promptly after his election, and the members of all special committees upon their creation, and shall fill vacancies as they occur.

   2. shall designate the chairman and vice-chairman of each committee.

   3. may remove any member of any committee or add additional members to any committee at any time.

   In making appointments of Commissioners to committees, and in nominating Commissioners as members of citizens’ groups pursuant to §  21.13-1302, the President shall, to the extent practicable, allocate such memberships equitably among the other members of the Board.

   Commentary: : Under this Charter, the President has been given new responsibilities for initiating planning and budget suggestions to the Board. See Article VI. He is nevertheless given only a one-year term for several reasons. First, the Board must be content with the direction in which the President is moving and a one-year term permits periodic reaffirmation. Second, there has been a tendency to automatic election of the most senior Board member as President. While this was understandable when the President’s function was essentially to preside, it is a less desirable tradition given the President’s expanded role. The Board may certainly want to elect or reelect its most senior member President, but hopefully for qualities other than mere longevity. Requiring election of a President each year permits frequent and regular appraisal of the President’s performance.

   The present Board has developed the salutary practice of utilizing committee review prior to Board action wherever such is feasible. It is anticipated by the GSC that this practice will be continued.

 A. The Board shall meet officially at least once a month at a stated time and place. At its organizational meeting, the Board shall establish and shall promptly thereafter advertise the calendar of regular monthly meetings for the following twelve months. If no quorum is present at a meeting, a 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. Additional official meetings may be called by the President upon his own motion and shall be called by the President, upon the written request to him of at least one-third of the Commissioners then in office, within ten days following the delivery of such request.

 B. All members shall be given at least twenty-four hours written notice of all meetings of the Board and of its committees, except where an emergency makes such notice impractical the members shall receive such notice as it is possible to give. At the same time a copy of such notice shall be given the public by posting it prominently in the Township Building. The notice shall contain a statement of the nature of each item of business then expected to be proposed for consideration.

 C. All meetings of the Board at which official action is to be taken, and all meetings of its committees at which a vote to recommend official action is to be taken, shall be open for public attendance. At such time as otherwise permitted by state statute, the foregoing shall not limit the right of the Board or its committees to engage in private discussions of matters upon which a vote to recommend or take official action is subsequently taken at a public meeting.

   Commentary: : Posting notice of a meeting is a new requirement, and is one of the several vehicles used to provide additional public notice of the Board’s prospective activities. The first sentence of §  21.4-402C follows the state’s present ‘‘Sunshine Law.’’ The second sentence of that section could not presently be followed because the ‘‘Sunshine Law’’ with limited exceptions does not permit executive sessions even if the actual action is taken at subsequent public meetings. However, it was the GSC’s desire to enumerate in §  21.4-402C the principles which should apply to Township meetings if the ‘‘Sunshine Law’’ were repealed or changed to permit such procedures.

   The GSC believes a proper balance must be struck between the beneficial effect of ‘‘sunshine’’ and the modesty of expression which such public exposure often requires of normally careful politicians. In order to encourage free expression among the Commissioners of what might be easily misconstrued views, the rule is adopted that the Board and its committees may meet privately without restriction as to the subject matter of such private meetings, provided an opportunity for public expression of views by the Commissioners is required prior to an official action or a committee decision leading to such Board action. The Sunshine Law permits such private meetings only as to limited subject matters which the Legislature expects might be sensitive, e.g., labor negotiations, while the principle incorporated in the foregoing text recognizes the possibility of such sensitivity as to any subject matter.

 A. The Board by ordinance shall adopt rules of procedure for the meetings of the Board and its committees, and until it does so, the then current edition of Robert’s Rules of Order shall apply. In either event the applicable rules of procedure must include the following:

   1. No second shall be required for any Commissioner to propose any action specified in §  21.4-405 hereof.

   2. All votes of the Board on all proposed ordinances, and on any other matter when requested by any Commissioner, shall be taken by roll call.

   3. The citizens’ right to be heard, as provided in §  21.14-1406, may not be limited or contravened.

   4. Such other rules as are necessary to implement the procedural provisions of this Charter.

 B. The Board may, by ordinance, adopt rules of procedure for meetings of citizens’ groups of the Township or may delegate that responsibility to those bodies. Until such rules have been adopted by the Board or a particular citizens’ group, rules in use by the Board pursuant to §  21.4-403A shall apply.

 A. Official action by the Board shall be taken only by an affirmative or negative vote on the proposed adoption of an ordinance, a resolution, an administrative directive or a procedural motion, or by an election. Official action may be taken only by the Board at an official meeting. While this exclusive right to take official action may not be delegated to any one or more members or committees of the Board, each member and committee of the Board nonetheless shall have the absolute right to seek and obtain information at any time from any employee of the Township.

 B. An administrative directive is any instruction or suggestion to the Township Manager or Township personnel not contained in an ordinance or resolution.

 C. All actions of a legislative character shall be taken by ordinance or resolution which must be presented to the Board in written form prior to enactment. In addition to any other actions required by law or by this Charter to be taken by ordinance, those actions of the Board shall be taken by ordinance which:

   1. Provide for a fine or other penalty, or establish a rule or regulation for violation of which a fine or other penalty is imposed.

   2. Levy or enact taxes, fix tax rates or collect taxes.

   3. Grant, renew or extend a franchise.

   4. Establish, alter or abolish rates or charges for any utility or other service supplied by the Township.

   5. Authorize the borrowing of money except for revenue anticipation or emergency loans.

   6. Exercise the power of eminent domain.

   7. Amend or repeal any ordinance previously adopted.

   8. Establish, alter or amend any zoning ordinance, comprehensive plan, subdivision or land development ordinance.

   9. Approve or authorize any intergovernmental agreement that transfers the exercise of any Township power or function to any other governmental body, or which transfers to the Township the exercise of any power or function of any other governmental body.

   10. Open or vacate streets.

   11. Ordain the construction or assessment for sewers, streets, curbs, sidewalks or other assessable public capital improvements.

   12. Authorize the promulgation of regulations by the Township Manager, Township Staff, or citizens’ groups if permitted by §  21.13-1301C. Each such ordinance shall provide for an appeal from the promulgation or enforcement of any regulation so authorized, unless the Administrative Code provides a general appeal procedure for such matters. Such appeal procedures may include a right of appeal to the Manager and must include a right of appeal to the Board.

   13. Adopt or amend the operating or capital budget as provided in Article XII.

   Commentary: : This section defines how the Board acts. An Administrative Directive is the method by which the Board tells the Manager or Township staff what to do. Legislative action can be by Ordinance or perhaps by Resolution. Ordinances are more formal actions, requiring procedural formality and notice. Resolutions of celebration, congratulations, etc., need not meet the procedural requirement of ordinances, nor need they be in writing prior to adoption as is required for resolutions of a legislative character.

   The reference in §  21.4-405C8 to subdivision and land development ordinances refers to such ordinances as defined in Section 503 of the Municipalities Planning Code. Under this Charter, as under the current practice, where an individual plot is rezoned it will require an ordinance, but the subdivision of such individual plot may be approved by resolution provided the procedural requirements of the subdivision ordinance have been followed.

 The Board shall cause accurate minutes of its meetings and committee meetings to be made and preserved. There shall be recorded in the minutes the vote or abstention of each member on a roll call vote, and the reason why a Commissioner has disqualified himself pursuant to §  21.11-1110 if requested by such Commissioner. These minutes shall be open for public inspection and copying at cost during business hours.

 The Board shall have power, by resolution, to authorize inquiries and investigations to be conducted by the entire body or by any of its committees in aid of its legislative, appropriating, policy-determining and governing powers and functions. The President of the Board or the Chairman of any of its committees shall have the power to administer oaths to witnesses.

 The Board shall have power to issue subpoenas over the signature of the President to require the attendance of witnesses and the production of records and papers pertaining to any investigation or inquiry. The fees of such witnesses for attendance and travel shall be the same as for witnesses appearing in the courts. If any person shall refuse or neglect to obey any subpoena issued by the Board, the Board may petition the Court of Common Pleas of Montgomery County for an order requiring the attendance of such person before the Board or the Court, there to testify and to produce any records and papers necessary, and in default thereof he shall be held in contempt of Court.

ARTICLE V. ORDINANCES

Sec.

 A. Unless otherwise provided, the Board may consider for enactment only such proposed ordinances as shall have been posted and advertised in the following manner:

   1. The advertisement of a proposed ordinance shall contain the title and a synopsis of the proposed ordinance and shall designate the date and place of the meeting where it will be considered by the Board for enactment. Such advertisement shall appear in a newspaper of general circulation in the Township not more than thirty days nor less than six days prior to the meeting at which the ordinance is to be considered for enactment.

   2. The proposed ordinance, in substantially the form in which it will be considered by the Board for enactment, shall be posted prominently in the Township Building for a period of at least the forty-eight hours immediately prior to the meeting at which the proposed ordinance will be considered for enactment.

 B. At the meeting noticed in the advertisement, or at any subsequent meeting to which the matter is referred by official action of the Board at the advertised meeting, the Board may enact the ordinance.

 C. The Board may amend a proposed ordinance before final adoption, but if an amendment makes any significant substantive change from the proposed ordinance as originally advertised and posted, no final action may be taken until the proposed amended ordinance has again been advertised and posted in accordance with §  21.5-501A.

 D. Every ordinance shall contain the date of its enactment, and its enactment shall be verified by the signature of the presiding officer of the meeting at which final action was taken. The official seal of the Township shall be affixed to the original copy of each ordinance. However, failure to affix the official seal shall not in any way invalidate an otherwise valid ordinance.

 E. No ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be: ‘‘The Board of Commissioners of the Township of Cheltenham hereby ordains....’’ In its proposed form, any ordinance which repeals or amends an existing ordinance shall set out in full the ordinance portion 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 italics.

 F. The Board may adopt any standard code of technical regulations by adopting an ordinance incorporating said standard code and by attaching a copy thereof to the ordinance as enacted. The details of such standard codes need not be advertised but copies of such codes shall be available at the office of the Township for public inspection. The Township shall also have the responsibility of assuring that copies of such codes are available for purchase at a reasonable charge. Adoption of standard codes shall be in accordance with the procedures set forth in this §  21.5-501.

 G. Promptly after enactment and in any event within thirty days thereafter, all ordinances shall be advertised in a newspaper of general circulation in the Township. The title of an ordinance and a synopsis will constitute sufficient advertisement. The advertisement shall clearly indicate the location and the hours that such ordinance can be inspected and the procedure whereby a copy of the ordinance can be obtained.

 H. The effective date of an ordinance shall be ten days following the advertisement date except where a later date is specified in the ordinance or unless otherwise provided.

 I. Any appeal otherwise provided by law from the passage of any Township ordinance must be taken, if at all, within thirty days from the effective date of such ordinance. Upon such appeal, the court may require the filing of a bond with sufficient security for the payment of costs by any person aggrieved.

   Commentary: : Under this Charter, an ordinance may not be considered by the Board prior to six days after advertisement, except for emergencies. This is a new provision, as is the requirement of posting and having a copy of the proposed ordinance available for inspection. At present, the Township Code does not require any advertisement before an ordinance is passed. A First Class Township could literally pass an ordinance (except for zoning) upon its initial consideration, and the first time the public would hear about it could be when it was advertised after passage. That is not true today for Second Class Townships, where prior advertisement of proposed ordinances is required. Furthermore, the Municipalities Planning Code now requires prior advertisement and public hearing before passage of any zoning ordinance. Under this Charter, the public will have the right to know what ordinances are being considered for passage, and the right to make its views known to the Board before passage.

   The Charter does not specify who must order the advertisement, only that it must be placed. The Board may adopt the practice of ordering advertisements itself, or permitting them to be ordered by committees, their chairmen, Commissioners, the Township Manager, or other township personnel.

   At present, the Commission hears from the public more fully at the committee level, although it sometimes entertains public discussion at Board meetings. However, there is no formal procedure to notify the public as to what will be considered by a committee. Under Charter § §  21.14-1406 and 21.5-501, the Board has an option. It can advertise that a committee will be considering a proposed ordinance, and, if a quorum of the Board is present at the committee meeting, the Board will then not be required to hear again from the public at the subsequent Board meeting. Or it can have the committee consider and recommend an ordinance without such advertisement but then the public must be heard at the Board meeting. In either event, the fact that the Board will be subsequently considering the proposed ordinance must be advertised.

   If a committee of the Board orders an advertisement of an ordinance so as to permit Board consideration and if the committee desires to avoid the necessity of hearing from the public at the Board meeting, the effect of § §  21.14-1406 and 21.5-501 would be to require the committee to advertise both its meeting at which the public will be heard and the meeting of the Board at which the ordinance will be considered for enactment; this could be done either in one advertisement or two. If, on the other hand, the committee is satisfied that the public should be heard by the Board at its meeting before enactment, it is not required to hold another committee meeting to hear the public.

   ‘‘Significant substantive change’’ requires readvertisement and a second consideration by the Board only when an amendment to the proposed ordinance so changes its purpose and effect that those persons who would have been affected and might have desired to make their views known to the Board or its committee would not have been placed on notice by the language or advertisement of the proposed ordinance in its prior form. Although an ordinance amending or repealing an existing ordinance will contain, in its proposed form, brackets or underlining designating the change as required in §  21.5-501E, the ordinance in final form would not be required to include such emphasis or reference to deleted material.

   The GSC does not believe that these requirements for public notification significantly slow down the ordinance procedures or interfere with the Board in its activities. Such limitations as they may place on the Board are more than outweighed by the gain in public awareness of what the Board is proposing to do.

   With respect to standard Codes adopted by the Board, the Township must have a copy available for inspection. It need not have copies available for purchase if it can direct interested parties to a source where such codes are available.

   The ordinance procedures of this section, where inconsistent, do not apply to budget procedures (see §  21.12-1205G) or to emergency ordinances.

 All Township ordinances and resolutions shall be entered verbatim in permanent record books maintained separately for ordinances and resolutions. Ordinance and resolution books shall be in the custody of the Township Manager and shall be available for public inspection during business hours.

 A. Within one year after the effective date of this Charter, a codification of ordinances of general application and of a continuing nature shall be created and thereafter shall be maintained on a regular basis. In any codification, any standard code adopted pursuant to §  21.5-501F may be incorporated by reference and need not be separately printed.

 B. A copy of the codification shall be available for public inspection at the office of the Township during business hours, and copies shall be available for purchase at a reasonable charge to be fixed by the Township. Citizens may also receive by subscription copies of all changes in the codification made to maintain it on a continuing basis, at a reasonable charge to be fixed by the Township.

   Commentary: : Present law does not require codification although Township Code Section 1502 governs procedures if it is done. There is no present requirement that citizens may obtain copies of an ordinance, or a class of ordinances.

   The Township Solicitor has completed what is probably the Codification this section requires, and it may be adopted by the Board after its review. It is the anticipation of the GSC that the Board will use a looseleaf or similar system so that additions or deletions may be easily inserted where required.

 A. To meet a public emergency affecting life, health, property or the public peace, the Board may adopt one or more emergency ordinances as may be required. An emergency ordinance shall be clearly so designated and shall contain a declaration of the emergency in clear and specific terms.

 B. Emergency ordinances shall take effect immediately upon enactment and shall expire no more than sixty-one days from the date of enactment; nothing however, shall prevent a single extension of the emergency ordinance for not more than thirty days should the emergency still exist.

 C. The Board may waive by emergency ordinance the requirement for competitive bidding for such services and materials as may be required to deal with the emergency situation.

 D. Emergency ordinances shall not be subject to the general ordinance requirements provided in §  21.5-501 except subsections D, E and I.

 E. Emergency ordinances shall be advertised as soon as possible after the date of enactment.

   Commentary: : Section 21.5-505 provides ample authority to deal with an emergency—but there must, in fact, be a described emergency. All of the §  21.5-501 prepassage formalities are waived, although the ordinance must be in requisite form and be advertised after passage. The twenty-four hour written notice of meeting requirement of §  21.4-402B might not apply; that section requires in emergencies only such notice as it is possible to give. An emergency ordinance is limited to sixty-one days maximum, with a maximum thirty day extension, which should give the Commissioners adequate time to pass an ordinance by normal procedures. Of course, a regular ordinance could be self-limiting to expire at the end of a particular condition, so that it need not necessarily ordain a permanent change.

   This section cited in 346 Pa. Code §  21.12-1206 (relating to amendments of budget during the fiscal year).

ARTICLE VI. THE BOARD PRESIDENT

Sec.

 The President of the Board shall have the following two functions in addition to any others required by law or this Charter:

   A. He shall be the presiding officer of the Board.

   B. He shall supervise the development of financial and planning policies for the Township for submission to the Board for its review and for such adoption and implementation as it deems appropriate. Such policies shall include the development of long range objectives, the setting of priorities, and the consideration of other matters relating to the quality of life in the Township.

   Commentary: : See Commentary following §  21.6-602.

 A. In performing the function set forth in §  21.6-601A, the President shall discharge the following duties:

   1. Chair meetings of the Board. He may, however, without leaving the Chair, exercise any of his perogatives as Commissioner.

   2. Call additional official meetings as permitted or required by §  21.4-402A.

   3. Create special committees as permitted by §  21.4-401B.

   4. Appoint and remove members of committees and designate officers thereof with the advice and consent of the Board as provided in §  21.4-401C.

   5. Participate as fully as he may desire in activities of all committees, including the right to vote.

 B. In performing the functions set forth in §  21.6-601B, the President shall discharge the following duties:

   1. Supervise the preparation of and submit annually to the Board for its consideration, in such form as shall reflect his recommendations, the Financial Plan which shall include his proposed Operating and Capital Budgets and his Budget Message, all as more specifically provided in Article XII.

   2. Submit to the Board annually his message on the State of the Township.

   3. Cause to be prepared and submit to the Board for its consideration the Annual Report of the Board to the People.

   4. Submit to the Board from time to time for its review, and for such adoption and implementation as it deems appropriate, such plans, policies, resolutions and ordinances which he would recommend as the result of the planning process supervised by him, and he may submit to the Board his recommendations on such plans, policies, resolutions or ordinances relating to financial or planning policies as are submitted to the Board or a Board committee by the Manager or his staff or any citizens’ group.

   In the performance of the above functions, the President shall supervise and review the preparation of any report, recommendation or message for which he has responsibility under this Charter, so that it contains his personal evaluations, recommendations, and statement of priorities.

 C. In the performance of the functions set forth in §  21.6-601, and in the discharge of duties set forth in §  21.6-602A and B, the President may utilize all of the instrumentalities of the Township, including the Manager, Township personnel, the Board and its committees, the Planning Commission and all other Township citizens’ groups. The President shall be a non-voting member of the Planning Commission and may assign to that Commission any special or continuing project.

   Commentary: : The Board President has been given new functions under this Charter to provide cohesion to the planning function and to give him some responsibility for initial suggestions on policy and direction. Although the Commission-Manager structure is well suited to Cheltenham’s needs generally, that form inherently tends to address immediate or short term needs and problems. Also, Commission government is by definition one of diffused leadership. This provides the benefit of many perspectives, but runs the danger of failing to define direction.

   The President is the logical commissioner to whom to assign long range planning responsibility. It is contemplated that he will utilize the Planning Commission to assist him in predicting and suggesting policy for the future of the Township. Preparation of the Capital Budget is another aspect of that activity.

   In addition, the President is given other opportunities to initiate suggested policy or program to the Board. The Budget Message and both Operating and Capital Budgets are prepared under his direction. The Board’s Annual Report to the People is prepared under him for submission to the Board.

   The Charter also provides that the President shall annually give a State of the Township message. This will allow an annual occasion for the President to reflect on the past and suggest for the future. In an earlier draft, this message was required to be given in February, since the Budget Message would probably be given in the Fall. This requirement was deleted to permit the President to decide when the message is best given.

   Despite his increased role, the President nevertheless is subject totally to official action of the Board. He makes suggestions to the Board, but it is the Board which accepts, revises, or rejects. Nonetheless, the power to initiate and to suggest is significant and that is the President’s brief.

 The Board may remove the President or Vice President at any time by an absolute two-thirds vote.

   Commentary: : The President’s term is only for one year unless renewed, and it has been argued that such a short period is not adequate time for a new President to perform the functions assigned him. If this is so, such a problem is accentuated if the Board can remove him at any time. Also, that power may cause the President to be more timid in suggesting potentially controversial matters.

 If the President or Vice President ceases to be a Commissioner, or if the Board removes either, the Board shall fill such vacancy by an absolute majority vote.

ARTICLE VII. TOWNSHIP MANAGER

Sec.

§ 21.7-701. Functions, Appointments, Qualifications and Compensation.

 A. The Township Manager shall be the chief administrative officer of the Township.

 B. The Board shall, at its organization meeting on the first Monday of January following each municipal election, appoint a Township Manager for a term of two years or until his successor is appointed, subject to removal pursuant to §  21.7-703. In the event of a vacancy in the office of Township Manager, the appointment of a successor shall be for a term expiring on the first Monday of January following the next municipal election. The appointment of a Manager or his successor shall be by an absolute majority vote of the Board.

 C. The Manager shall be selected on the basis of the Board’s evaluation of his administrative training, professional qualifications and experience. The Manager need not be a Township resident when appointed, but must become a Township resident within six months after his initial appointment and thereafter remain such a resident so long as he is Township Manager.

 D. The Board shall fix the compensation of the Manager by separate ordinance or by specific indentification of such compensation in the annual budget. If the Manager is employed pursuant to a contract which sets compensation, Board approval of that contract by ordinance represents compliance with this provision. No reduction in compensation shall effect the Manager then serving during his then current term of office.

 E. During his tenure, the Township Manager shall not have any other employment for compensation without the approval of the Board, nor shall he hold any elective public office or the office of Township Controller or Solicitor. In addition to the prohibitions of §  21.11-1107 hereof, and except in the performance of his official duties, the Manager shall not engage in activities in any way related to the election to public office of any public official other than by voting.

   Commentary: : Managers are given two-year terms so that the Board can review that decision regularly. It may be necessary, to induce someone to leave another position, to provide some contractual protection, as provided in §  21.7-704. The manager can be removed at any time, but that removal may trigger severance pay. However, the Board cannot reduce a Manager’s pay to drive him out. The Manager is the one Township official who should be as insulated from political affairs as possible.

 The Manager shall be in charge of the administration of all Township affairs except those delegated to citizens’ groups in accordance with §  21.13-1301. In administering the affairs of the Township the Manager shall be solely responsible and subject to the supervision of the Board which shall be effected by official action. He shall have the following powers and duties:

   A. Carry out all policies established by the Board by ordinance, resolution or administrative directive.

   B. Appoint heads of departments, with the advice and consent of the Board, and suspend any head of department subject to an appeal to the Board. No appointment shall be for a term longer than that of the Manager. The Board may suspend or terminate any such appointment at any time.

   C. Appoint, suspend or remove other Township employees pursuant to the provisions of the personnel system created under Article XI hereof. He may authorize any head of department or the immediate subordinate serving under such head of department to exercise such powers or any of them with respect to his respective subordinates, providing any such authorized exercise shall be ultimately subject to the Manager’s supervision, review and modification.

   D. Make such reports and recommendations on the administration of Township affairs as the Board or any Board member may request, but all such reports or recommendations shall be provided to all members of the Board.

   E. Direct the activities of all Township employees. Unless this Charter otherwise provides, this responsibility shall be exclusively the Manager’s except where such activity has been specifically directed by official action of the Board. The Manager may delegate such responsibility as he deems appropriate to department heads or other Township employees provided any such authorized exercise of direction shall be ultimately subject to the Manager’s supervision, review and modification.

   F. Supervise the development and promulgation of regulations as authorized by the Board.

   G. Enforce the ordinances, resolutions and regulations of the Township, the provisions of this Charter and applicable State and Federal law.

   H. Act as the secretary of the Board and, in that capacity, prepare the agenda for meetings of the Board and its committees, attend Board meetings, place such advertisements and give such notices as are required to be given to the members of the Board and the public, keep the Commissioners and public informed of relevant Township activities, and make or cause appropriate records to be made, preserved and certificated as required by state law, this Charter or official action of the Board. He shall attest the execution of all instruments and record all ordinances and he shall have custody of the minutes of the Board and the Township corporate seal.

   I. Perform such contracting and financial functions as are assigned to him pursuant to Article XII of this Charter or authorized by the Board.

   J. All action of the Township Manager is subject to modification or reversal at any time by official action of the Board.

 By an absolute majority vote the Board may by resolution remove the Manager at any time with or without cause. Upon removal, or non-renewal of a term, the Board may by resolution provide for severance compensation in an amount not exceeding the Manager’s salary for six months. Any resolution removing the Manager, providing severance compensation, or both, shall be adopted only in accordance with the procedures set forth for ordinances in Sub-sections A, B, and D of §  21.5-501 of this Charter and shall be effective immediately upon enactment, unless a later date is specified in the resolution. If severance compensation is payable under a contract as provided by §  21.7-704, severance compensation authorized by this Section may not be greater than the amount by which the Manager’s salary for six months exceeds the amount he is to receive under that contract.

   Commentary: : Section 21.7-703 permits severance compensation for the Manager on removal or non-renewal. This is at the Board’s discretion. Although the Board must and does have an unlimited right to remove him, a Manager can assume that he will usually complete his term. To encourage that result, and provide inducement to accept or retain the position, §  21.7-704 permits but does not require a contract which can stipulate severance compensation on removal (presumably without cause, although this is left for contract negotiation). A removed Manager can receive more severance compensation under a contract than would otherwise be permitted under §  21.7-703. If the contract gives him less, then the Board may authorize a payment which brings aggregate severance compensation up to the maximum §  21.7-703 permits. The Board is given the right to pay severance compensation on non-renewal to provide for those rare situations where a Manager might reasonably have expected renewal, made no other arrangements, and then been disappointed by a sudden turn of events.

 When appointing a Manager, the Board shall have the power to enter into an employment contract with him for a period not to exceed his term, which may provide, in the event of his removal, for severance compensation in an amount not exceeding the lesser of his salary for the remainder of the term or his salary for one year.

 A. The Manager shall designate in writing, subject to the approval of the Board, an employee of the Township who shall exercise the powers and duties of the Manager during his absence or disability.

 B. In the event of a vacancy in the office of Township Manager, the Board by resolution shall appoint a township employee to serve as acting manager until the vacancy is filled pursuant to §  21.7-701B hereof.

 C. In the event of the appointment of an acting manager pursuant to §  21.7-705B, or in the event that an employee exercises the Manager’s powers and duties pursuant to §  21.7-705A, the Board may provide for additional compensation to such acting manager or employee above his then salary, provided that his total compensation shall not exceed that theretofore paid to the Manager.

 D. The Board shall at all times have the right to change a Manager’s designation of his substitute pursuant to §  21.7-705A, to make such a designation if none was made, and at any time to designate an acting manager under any circumstances or to change any prior designation.

ARTICLE VIII. FINANCE OFFICER

Sec.

§ 21.8-801. Elected Finance Officer.

 A Finance Officer shall be elected at an at-large election in the municipal election of 1977 and at four year intervals thereafter. The Finance Officer shall be a citizen of the United States and shall have been a resident of the Township for a continuous period of at least two years immediately prior to the date on which his term commences and must be a resident of the Township during his entire term of office. The Finance Officer shall be a registered elector. He shall serve for a four year term beginning on the first Monday of January following his election.

   Commentary: : Under this Charter the Finance Officer will be elected; currently, under the Township Code, a Treasurer is elected. The Finance Officer will perform some of the present Treasurer’s functions. Each, ‘‘by virtue of his office’’, is the Tax Collector (compare §  21.8-803A with §  21.8-805 of the Township Code), and because the Finance Officer is elected, the School District and County and its institutional district are required to use him to collect taxes within the Township. Bogdan v. School District Coal Township, 369 Pa. 147 (1952); Black v. Duquesne Boro School District, 239 Pa. 96, 103; Public School Code of 1969 (24 P. S. §  6-683).

   The elected Treasurer is converted into an elected Finance Officer to give the Board the option, as more specifically set forth in §  21.8-803 of restricting his duties to tax collection or of assigning him either the additional duties traditionally performed by a treasurer or the additional duties of Controller.

   Currently, several officers and auditors perform these Township financial functions: pre-audit (Manager and appointed Finance Director); tax collection (elected Treasurer); disbursement and investment of funds (elected Treasurer) and post-audit (an independent auditing firm and three elected auditors). The Charter can be implemented by an independent auditing firm, the elected Finance Officer and another person acting either as Treasurer or Controller.

   Thus, the Charter operates to eliminate the elected auditors and to free the Manager from the pre-audit control functions. The GSC believes that the current Treasurer and Finance Director could perform the functions of the elected Finance Officer, Controller and a Treasurer (investing and disbursing) under the Charter. The present Treasurer and Finance Director share that view.

 A. The Finance Officer by virtue of his office shall be the tax collector and shall collect the Township taxes in the manner provided by state law and as directed by the Board.

 B. The Finance Officer shall collect all County, Institution District, Township, School and other taxes, levied by authorities empowered to levy taxes within the Township, and shall be permitted to collect taxes for such other governmental entities as may from time to time engage his services. It is the purpose and intent of this section that no local taxes shall be collected in the Township except by the Finance Officer of the Township.

 C. The Finance Officer shall perform the duties of Controller if the Board by resolution determines to appoint him as Controller and provided he meets the qualifications set forth in §  21.9-901B.

 D. The Finance Officer shall perform such duties other than those set forth in §  21.8-803A and B which involve the receipt, disbursement or investment of Township funds as the Board may by resolution direct, subject at all times to the supervision and direction of the Manager and the Board in the performance of such assigned duties.

 E. If the Finance Officer has been appointed Controller, he shall not be assigned the function of disbursing Township funds, nor shall he be required to accept any of the other duties described in §  21.8-803D.

   Commentary: : The Charter provides for an elected Finance Officer. The Board may appoint him Controller or Treasurer, but not both, and he must accept that function. If he is appointed Controller, he may also agree (but cannot be required) to be involved in the interim investment of funds. He cannot perform any other disbursement functions if he is Controller, because he would then be performing functions which it would be his duty as Controller to audit.

   The Board is not required to give the Finance Officer additional functions, because it has no control over who is elected Finance Officer and the person elected at a given time may be unqualified for either of the functions described in §  21.8-803C or D.

   As an elected official, the Finance Officer is not affected by the limitations on political activity of §  21.11-1107, even if he is appointed to the controller or treasurer functions as provided in this Section.

 A vacancy shall occur in the office of Finance Officer for any of the reasons set forth as to Commissioners in Sub-sections 1 through 5 (except for 5c) of §  21.3-308A and B; in each case the determination of vacancy shall be made by the Board in accordance with the procedures set forth in §  21.3-308. In the event of such vacancy, the office of Finance Officer shall be filled in the manner set forth for the filling of the vacancy in the office of Commissioner as provided in §  21.3-309 except that the selection pursuant to §  21.3-309A for the period therein described shall be by the Board by an absolute majority vote at a meeting called by the President and held within forty-five days of the occurrence of the vacancy. Notice that a selection shall be made at such meeting shall be advertised not less than six nor more than thirty days previously in a newspaper of general circulation in the Township. The person selected shall at the time the vacancy occurred have been a member of a political party, if any, which nominated the Finance Officer whose office has become vacant, unless the person so selected shall at such time have been a registered nonpartisan elector.

   Commentary: : It is the Board which fills a vacancy for Finance Officer since, unlike the situation where a vacancy exists for Commissioner, the Board collectively represents the same constituency which elected the Finance Officer.

 The Finance Officer shall be compensated for his work for the Township by the Board at an annual rate fixed by separate ordinance. Any subsequent change in said compensation shall not apply to the Finance Officer during his current term if such ordinance is enacted less than one year prior to the commencement of that term.

   Commentary: : The Board may deem it advisable in fixing the Finance Officer’s salary: 1) to fix one lump sum salary to be paid the Finance Officer regardless of what duties he fulfills, or 2) to specify separate amounts of compensation to be paid him for acting as Finance Officer and, if he is asked to perform them, for acting as Controller or as the investor and disburser of funds. Whichever alternative the Board selects, all aspects of compensation must be set forth in the ordinance.

 Notwithstanding any other provisions of this Article, provided the Board determines that there is a more efficient and economical method of collecting all of the taxes collected by the Finance Officer, the elected office of Finance Officer may be abolished by ordinance by an absolute two-thirds vote. Such ordinance shall make other provisions for the collection of Township taxes. Any such ordinance shall not become effective prior to the expiration of the current term of office of the Finance Officer serving at the time of the adoption of said ordinance.

   Commentary: : It is conceivable that a better, more efficient and economical system for tax collection might be created some time, in which event this section would permit the Board to abolish the office of Finance Officer but only by an absolute two-thirds vote and on a finding that a better way exists to collect all taxes collected in the Township. Since this would remove from the county and school district the requirement that they use the collector, it is expected that the office will not be abolished soon or without good reason.

ARTICLE IX. TOWNSHIP CONTROLLER

Sec.

§ 21.9-901. Appointment, Function, Qualifications and Compensation.

 A. There shall be a Township Controller appointed by absolute majority vote of the Board, for such period as it selects, but such appointment shall in any event terminate on the first Monday of January following the next municipal election.

 B. The Controller shall be selected on the basis of the Board’s evaluation of his training in fiscal affairs, professional qualifications and experience.

 C. The Controller shall perform the following functions:

   1. Approve in advance all proposed expenditures after determining that they are in accordance with the Township budget and in accord with the provisions of state law, this Charter and any applicable ordinances, resolutions and administrative directives.

   2. Whenever an appropriation is exhausted, the object of which is not complete, immediately report that fact to the Board and accompany such report with a statement of the monies which have been drawn on such appropriation and the particular purpose for which they were drawn.

   3. Suggest plans to the Commissioners for the management and improvement of the financial affairs of the Township as often as he may deem expedient or the Board shall direct.

   4. Perform such other duties and functions consistent with the foregoing responsibilities as may be assigned to him by the Board.

 D. The Board shall fix the compensation of the Township Controller by separate ordinance or by specific identification of such compensation in the annual budget.

   Commentary: : There must be a Controller. He must be qualified by education and training. If the Finance Officer is not so qualified, he cannot be Controller.

   There is some feeling that the Controller should be elected, as is done in Philadelphia and Pennsylvania and optionally provided for in the Township Code paragraphs 525-526, in lieu of elected auditors. This is because the City Controller and State Auditor General have ‘‘watchdog’’ functions beyond regular pre-audit procedures. But in business corporations, even massive ones, the Controller is appointed by the Board.

   This Charter provides for the Controller to be appointed by the Board because he is to check the Manager and his staff for the Board, and report to the Board. He is not there to check on the Board. Thus, permitting the Controller to be independent of the Board could be counter-productive, and the Controller has not been given the ‘‘Watchdog’’ function over the Board.

   The requirement that the Controller approve in advance all proposed expenditures would not prevent the establishment of a petty cash fund with appropriate safeguards.

 The Board may by absolute majority vote remove the Township Controller or Acting Controller at any time with or without cause.

   Commentary: : Since the Controller is an officer who acts for and is responsible to the Board, the Controller serves at the Board’s pleasure and must maintain its confidence at all times. Since he was appointed by an absolute majority, he can be removed by the same number.

ARTICLE X. TOWNSHIP SOLICITOR

Sec.

§ 21.10-1001. Appointment, Function, Qualifications and Compensation.

 A. There shall be a Township Solicitor appointed by absolute majority vote of the Board, for such period as it selects, but such appointment shall in any event terminate on the first Monday of January following the next municipal election.

 B. The Township Solicitor shall serve as the chief legal advisor of the Board, the Manager and all Township departments and offices, shall represent the Township in all legal proceedings and shall perform any other duties prescribed by state law, this Charter, ordinance, resolution or administrative directive. No official or official body of the Township, except as otherwise provided by law or this Charter, shall employ additional counsel without the consent of the Board.

 C. The Township Solicitor shall be a member of the bar of the Supreme Court of Pennsylvania.

 D. The Board shall fix the compensation of the Township Solicitor by separate ordinance or by specific identification of such compensation in the annual budget.

 The Board may remove the Township Solicitor by absolute majority vote at any time with or without cause, in which event the Solicitor shall be entitled to compensation for services rendered and for no other amount.

ARTICLE XI. OPERATION OF THE TOWNSHIP

DEPARTMENTS AND ADMINISTRATIVE CODE

Sec.

§ 21.11-1101. Township Departments and Offices.

 Except as otherwise provided, the Board by ordinance shall create and prescribe the functions of Township departments and offices and may from time to time by ordinance alter or abolish any such department or office or its functions.

 The Township Manager, Finance Officer, Controller and such other Township officers as are engaged in the handling and disbursement of funds shall deliver a bond or bonds to the Township with a surety or sureties approved by the Board, conditioned upon the faithful performance of their official duties. The bond(s) shall be in such amount(s) as the Board shall from time to time provide in the Administrative Code. All such bonds shall be approved by the Township Solicitor as to form and sufficiency. The Board may from time to time require other Township officers, employees or citizens’ group members or their employees to deliver such bonds by so providing in the Administrative Code. The Township shall pay the cost of all such bonds.

PERSONNEL

§ 21.11-1104. Personnel System.

 The personnel system of the Township shall be based upon the principles of merit and fitness.

 The Board shall, within eighteen months of the effective date of this Charter, adopt by ordinance a Personnel Code. The Code adopted by the Board at a minimum shall include:

   A. Methods for determining the merit and fitness of candidates for appointment and promotion which shall include competitive examinations open to all qualified candidates or such other methods as the Board deems appropriate to attain the objective of selecting the most competent applicant. The evaluation of candidates for permanent and full time non-policy making positions shall be made by the Civil Service Commission, and the Township Manager, pursuant to §   21.7-702C, shall appoint and promote to such positions from among the candidates certified as qualified by the Civil Service Commission.

   B. Classification of all Township positions, by duties, authority and responsibility, including provision for reclassification.

   C. Development of a pay plan for all Township positions based on the principle of equal pay for equivalently classified positions.

   D. The policies and procedures regulating reduction in force and disciplinary action, including suspension and removal of employees.

   E. The hours of work, overtime compensation, and provisions for sick and vacation leave, holidays and pensions.

   F. Procedures for handling grievances, including hearings.

   G. General procedures establishing and protecting employees rights by due process of law, including the right of non-policy making employees to a hearing and determination by the Civil Service Commission in connection with any determination by it or the Manager pursuant to §  21.11-1105A and, in the event of disciplinary action, including suspension and removal.

   The Board may by ordinance eliminate the right to a hearing as herein provided in the event and to the extent to which the individual employees of the particular class have been provided the right to an equivalent hearing under a collective bargaining agreement.

   Commentary: : Sections 21.11-1104 and 21.11-1105A impose the obligation upon the Township to employ on the basis of merit. Although the Township is encouraged to utilize competitive examinations, it is not required to do so in situations where other methods of finding the most competent applicant are more appropriate. It may impose additional or licensing standards where relevant. For example, the Township Engineer may be required to be a licensed professional civil engineer. The administration is required in selecting an applicant to choose the person most competent; in doing so; it has reasonable discretion.

   Section 21.11-1105G recognizes that where employees are covered by union contracts, grievance procedures therein provided could duplicate the Civil Service appeal provisions. In such situations, if an individual employee’s rights are equivalent and the Board determines there is no value in retaining parallel procedures which could permit an initial determination by its own agency, it has the option to eliminate the Civil Service hearing for such employee.

 Neither the Township nor any of its citizen’s groups, in the hiring, promotion or discharge of employees, shall discriminate on the basis of race, religion, age, sex, or national origin or, as to non-policy making positions, on the basis of political opinion or affiliation.

   Commentary: : Section 21.11-1106 provides for non-discrimination in hiring and treatment of employees. It is the Commission’s perception that there is very little political hiring by the Township, if any, but that many citizens believe the situation to be otherwise. Thus, the GSC feels that the prohibition of discrimination in employment because of political affiliation or opinion will require no significant change in Township practices, but will reassure the public.

 No employee of the Township or any employee of any of its citizens’ groups shall serve as an elected or appointed official of a political party, nor shall he solicit funds on behalf of a political party or a candidate for public office, nor shall he on election day be within one hundred yards of a polling place except for the purpose of voting or on official business, nor shall he engage in political activity related to the election of officials of the Township or of its school board; provided, however, that the foregoing prohibitions shall not apply to any such employee when he is running for nomination or election to any elective office other than office in a political party. This section shall not apply to any elected Township official.

   Commentary: : The prohibition of political activity is a limited one designed to eliminate such participation only in situations where it could conceivably compromise the proper governmental operations of the Township or present the appearance of so doing. It is the GSC’s understanding that with few, if any, exceptions the rules here incorporated are followed currently in practice; the purpose of this provision is to require the continuation of this current practice.

   Township employees remain free to engage in political activities in county, state, or national elections where the officials elected will not directly supervise the Township employees, but they cannot work at the polls or solicit funds in these or any other elections. They also remain free to contribute to political parties or candidates, although in accordance with state law they cannot be compelled to do so. They also are free to attend meetings or rallies of a political nature provided they do not become actually involved in the campaigns of candidates for Township office or for the school board.

   Hopefully the limited prohibitions set forth strike the proper balance between a concern for politically unbiased government and the desire for maximum political participation of all members of the community, including those who may be government employees.

   This section cited in 346 Pa. Code §  21.7-701 (relating to functions, appointments, qualifications and compensation); 346 Pa. Code §  21.8-803 commentary (relating to duties); and 346 Pa. Code §  21.13-1303 and commentary (relating to operation).

INDEPENDENT AUDIT

§ 21.11-1108. Independent Audits.

 The Board shall provide for an annual independent audit of the Township’s financial statements, to be made by a Certified Public Accountant in accordance with generally accepted auditing standards. The Board may provide for more frequent audits, as well as special audits, as it deems necessary. An audit report containing the Township’s financial statements and the Certified Public Accountant’s opinion relating thereto shall be submitted to the Manager and to the members of the Board. A summary of the audit report, in such forms as may be approved for such purposes by the Certified Public Accountant, shall be included in the Board’s Annual Report to the People and shall be published at least once in a newspaper of general circulation in the Township within one hundred twenty days after the close of the fiscal year.

   Commentary: : The Board may appoint an individual CPA or a CPA firm to perform the independent audit. It is contemplated that the summary of the audit report included in the Report to the People may be more detailed than the summary which is advertised. Elected auditors have been eliminated since their function will be performed by the Certified Public Accountant.

   This section cited in 346 Pa. Code §  21.14-1405 (relating to the annual report of the board to the people).

CONFLICTS OF INTEREST AND CODE OF ETHICS

§ 21.11-1109. Representation of Others.

 Except in the performance of his official duties, no elected or appointed official of the Township or employee thereof shall represent or appear on behalf of any other person before any citizens’ group or any department or office of the Township, nor shall such official or employee, other than a member of the Board, so appear before the Board or any of its committees.

   Commentary: : No Township officer or employee shall appear in any representative capacity before the Township Board, its committees, its departments or its citizens’ groups, except in an official capacity or for his own personal business.

   This provision prohibits a Commissioner from appearing on behalf of his constituents before bodies such as the Zoning Hearing Board, the members of which the Commissioner might have a part in selecting.

 Any elected or appointed official or employee of the Township, and any member or employee of a citizens’ group, who has a direct or indirect financial interest in any matter requiring decision by any of the foregoing, whether that interest be as an employee, a principal, a partner, a stockholder (except where such interest is in the nature of minimal stock holding in a public corporation), or otherwise, shall not participate in nor directly or indirectly seek to influence the making of such decision.

 Whenever the Manager or any member of the Board is aware that he has such an interest, he shall disclose that fact at the Board meeting next following his becoming aware of it. In no event shall the Township enter into any contract with any Board member, the Manager, or any entity in which either has a direct or indirect financial interest as described above, if such contract is of the nature described in §   21.12-1207C5 or C6, or, in the case of the Manager only, as described in §  21.12-1207C2.

   Commentary: : A Commissioner is prohibited from participating in a matter in which he has a financial interest or in seeking to influence a decision thereon to be made by another Township official. In addition he is required to disclose publicly his interest so that the general public can