§ 21.13-1301. Creation and Functions.

 A. A ‘‘citizens’ group’’ is any entity, other than the Board of Commissioners or the Township Administration, however created, exercising any power of municipal government or advising any agency of municipal government in Cheltenham Township, which the Board either creates or to which the Board has the power to appoint any member.

 B. Unless otherwise provided, the Board by ordinance by an absolute majority vote may create, modify or abolish citizens’ groups, whether called boards, commissions, authorities, or by any other designation, in each instance prescribing the functions and organization thereof, and providing for the compensation, if any, to be paid to employees thereof.

 C. Citizens’ groups shall be advisory only, except that a citizens’ group may exercise such governmental functions as are conferred upon it by the Board or state law in any of the following cases:

   1. Where the creation of a citizens’ group is required by state law or this Charter.

   2. Where at least one member of the citizens’ group has been appointed by a governmental instrumentality other than the Board.

   3. Where any significant portion of funding to the Township or to a citizens’ group is to be provided by sources other than the Board when the condition of any such appropriation, grant, gift or loan is that such citizens’ group shall have such governmental functions.

   4. An administrative function otherwise exercisable by the Township Manager may be delegated to a citizens’ group when an ordinance of the Board provides that any administrative action of such group may be approved, modified or rejected by the Manager at the instance of any aggrieved party, and that the action of the citizens’ group or the Manager may be approved, modified or rejected by the Board on its own motion or on appeal thereto by the citizens’ group involved or by any aggrieved party.

   Commentary: : ‘‘Citizens’ group’’ is the generic name used by this Charter to describe any agency of government. It would not include the Board, its committees, or the Township officers or employees. For example, a meeting of Township department heads would not be a citizens’ group, but a Township department head could be one member of a citizens’ group.

   The threshhold question is what function should be delegated to citizens’ groups and in what manner. Obviously, unless statutes require otherwise, the power to make policy should be left to the Board. It was felt that even administrative functions should not be delegated generally except with supervisory review by the Manager and ultimately by the Board. Section 21.13-1301C4 states the general principle. One example would be the Electrical Examining Board.

   The only other areas where it is contemplated that governmental functions will be exercised by other than the Board are those areas where there is a public purpose which transcends the fundamental principle that governmental functions in the Township should be exercised by the Board. Such areas are: a) where a joint function is to be undertaken with other governmental units such as another township or the Cheltenham School Board (§  21.13-1301C2); or b) where the condition of a grant from the state or federal government (or in significant amounts from a private source) is that the funds are to be administered by a citizens’ group (§  21.13-1301C3).

   The Fire Board is a citizens’ group permitted by this Charter. The fire companies are not citizens’ groups. Nothing in this Charter prohibits the continued appropriation of Township funds to fire companies as is the current practice.

   This section cited in 346 Pa. Code §  21.4-405 (relating to form of action by the board); 346 Pa. Code §  21.7-702 (relating to powers and duties); and 346 Pa. Code §  21.13-1303 commentary (relating to operation); 346 Pa. Code §  21.13-1309 commentary (relating to application of Article XIII to specifically designated entities); and 346 Pa. Code §  21.15-1504 (relating to citizen’s groups).