§ 21.13-1302. Appointment and Term of Office.

 A. The President shall nominate, other members of the Board may nominate, and the Board by absolute majority shall appoint to all citizens’ groups those residents whom the Board shall have the power to appoint.

 B. Except for appointment to temporary citizens’ groups (groups which shall not continue to exist for more than ninety days after their creation), such appointments may be made only after notice of intention to make such nomination has been posted in the Township Building and, with respect to the citizens’ groups described in §  21.13-1309, has been advertised in a newspaper of general circulation in the Township at least ten days and not more than thirty days prior to the nomination. Said notice shall indicate the date and time when such nomination shall be made and shall invite citizens to make application for such position. Copies of all applications received shall be provided to each member of the Board prior to or simultaneously with the submission by the President of his nomination.

 C. Except as otherwise provided, the following provisions shall govern the term of office of members of citizens’ groups:

   1. The Board by ordinance shall determine a uniform term of office for each class of members of each citizens’ group. The Board may provide that the terms of members may expire simultaneously or on a staggered basis. If the Board desires to provide for expiration of terms on a staggered basis, it may establish some shorter initial terms when creating a new citizens’ group.

   2. No term of office of any member of a citizens’ group shall be for a period longer than four years, nor for a period of less than the lesser of one year or the remaining period of existence of the citizens’ group.

   3. Appointments to fill a vacancy occurring during the course of a term of office shall be for the remainder of the term.

 D. No person may be appointed to the Civil Service Commission, the Planning Commission, the Zoning Hearing Board, or to any other citizens’ group, or a class of members thereof, which functions other than in an advisory capacity when, in the case of a citizens’ group or class thereof with fewer than five members, such appointment would result in more than two-thirds of the members of such class or such citizens’ group being members of the same political party, or when, in the case of such class or citizens’ group with five or more members, such appointment would result in more than eighty percent of the members of such class or citizens group being members of the same political party. This provision need not be implemented during the two year period following the effective date of this Charter. This provision shall not apply to any class or citizens’ group whose members are required by statute or ordinance to be appointed by virtue of positions they hold at the time of such appointment; provided, that no statute or ordinance, nor any provision of this Charter, shall create or be deemed to create any such class on the Zoning Hearing Board, Planning Commission or Civil Service Commission.

   Commentary: : The President is required by the terms of §  21.13-1302A to make a nomination in order to assure that someone will have that responsibility, but the other Board members may also nominate, and it is the Board which appoints. Because such appointments are important the Charter requires at least an absolute majority of Commissioners to agree.

   The purpose of §  21.13-1302B is to assure, to the extent practicable, that the public is aware that a vacancy on a citizens’ group is to be filled so that interested citizens may apply. Thus, as to the certain important citizens’ groups, advertising is required. As to other citizens’ groups, in order not to delay the Board, advertising is not required, but a notice must be posted in the Township building; any citizen desiring to be informed of such posted intentions to nominate may obtain copies of such notices pursuant to §  21.14-1403A.

   The four-year term provided in §  21.13-1302 is to ensure against indefinite tenure by neglect. The Board must at least review and appoint each four years. A six year term is provided for Civil Service Commission members (§  21.13-1304) since the current Civil Service Commission for police requires such terms, Township Code Section 626, and it was desired to have one such Commission for the Township.

   Section 21.13-1302D enunciates the principle that appointment to citizens’ groups will be made from among Township electors of more than one political party. Although it does not apply to purely advisory bodies, the GSC hopes that the principle is adopted for all citizens’ groups except where size makes its application impractical. This will minimize use of citizens’ group appointments for honoraria or political reward.

   As stated, §  21.13-1302D would not operate to remove any present member from a citizens’ group, but no new appointment or reappointment could be made if this would result in more than two-thirds (or eighty percent where applicable) of that group being composed of members of one political party. To avoid a prohibition against reappointing the member of a citizens’ group whose term first expires after the Charter’s effective date, the operative date of the §  21.13-1302D requirement is postponed for two years after the Charter’s effective date.

   It should be noted that this provision does not pertain to a situation where an ordinance or statute requires such appointment because of the position that a person holds. For example, if an ordinance required that all members of a particular citizens’ group were to be the presidents of ten specific civic associations, then such appointments would be made ‘‘by virtue of positions...’’ and would be made without regard to the membership which such persons might hold in any particular political party.

   If the ordinance provided that those officers in the ten civic associations were to sit with five other persons appointed by the Board, then the civic association representatives would constitute a class, as would the remaining five members to be appointed from the public. Again, the ten representatives of civic associations would be appointed without regard to their political affiliations. Inasmuch as the ordinance does not specify that the remaining five members are appointed because of ‘‘positions’’ they hold, the provisions of this section would apply and not more than four of the five persons appointed in that class could be members of the same political party.

 E. All residents who are appointed as members of a citizens’ group pursuant to §  21.13-1302A shall be registered electors of the Township provided they qualify for registration.

   Commentary: : Some citizens may not qualify for registration—e.g., someone under eighteen. Hence the exception.

   This section cited in 346 Pa. Code §  21.4-401 (relating to organization of the board); and 346 Pa. Code §  21.14-1402 (relating to public right to information).