CHAPTER 41. BOROUGH OF NORRISTOWN HOME RULE CHARTER

Art. Sec.

I.    NAME AND BOUNDARIES…41.1-101
II.    POWERS OF THE MUNICIPALITY…41.2-201
III.    LEGISLATIVE BRANCH…41.3-301
IV.    ORDINANCES…41.4-401
V.    EXECUTIVE BRANCH—THE MAYOR…41.5-501
VI.    ADMINISTRATIVE OFFICERS—POWERS AND DUTIES…41.6-601
VII.    FINANCIAL PROCEDURES…41.7-701
VIII.    CITIZEN PROVISION…41.8-801
IX.    RECALL…41.9-901
X.    CODE OF ETHICS…41.10-1001
XI.    GENERAL PROVISIONS…41.11-1101
XII.    TRANSITIONAL PROVISIONS…41.12-1201

Source

   The provisions of this Chapter 41 adopted November 6, 1984, effective January 6, 1986, except for the transitional provisions of Article XII of this Charter which shall become effective upon certification of the adoption of this charter, unless otherwise noted.

ARTICLE I. NAME AND BOUNDARIES


Sec.


41.1-101.    Name.
41.1-102.    Boundaries.

§ 41.1-101. Name.

 The Home Rule Municipality of the Borough of Norristown shall be a municipal corporation having the name of ‘‘Borough of Norristown’’. As used in this Charter, the words Borough, Municipality, and Norristown shall mean the Home Rule Muncipality of the Borough of Norristown, Montgomery County, Pennsylvania.

§ 41.1-102. Boundaries.

 The boundaries of Norristown shall be the actual boundaries of the Borough of Norristown, an incorporated borough under the Borough Code, on the effective date of this Charter and as may be lawfully changed thereafter.

ARTICLE II. POWERS OF THE MUNICIPALITY


Sec.


41.2-201.    Powers Defined.
41.2-202.    Division of Powers—General.
41.2-203.    Allocation of Certain Powers and Duties.
41.2-204.    Continuation of Powers.
41.2-205.    Eminent Domain.
41.2-206.    Construction.
41.2-207.    Inter-governmental Relations.

§ 41.2-201. Powers Defined.

 Norristown shall have and may exercise all powers and perform any functions not denied by the Constitution of Pennsylvania, the General Assembly of Pennsylvania or this Charter as fully and completely as though they were specifically enumerated in this Charter.

Cross References

   This section cited in 346 Pa. Code §  41.3-301 (relating to council—legislative powers and duties).

§ 41.2-202. Division of Powers—General.

 The powers of the Borough government shall be divided between the executive and legislative branches of the Borough. Powers belonging to one branch of the government shall not be exercised by the other branch, except as expressly provided in this charter.

§ 41.2-203. Allocation of Certain Powers and Duties.

 Where the Borough has any power or duty and the responsibility for the exercise of such power or the performance of such duty is not fixed by this Charter, by the Acts of the General Assembly of Pennsylvania that are uniform and applicable throughout the Commonwealth (hereinafter called ‘‘General Law’’), or by special law applicable only to Home Rule Municipalities, such power or duty shall be exercised as follows:

   A. All powers or duties of the Borough which are legislative in nature shall be exercised and performed by the Council.

   B. All powers or duties of the Borough which are executive in nature shall be exercised and performed by the Mayor or such other employee of the Borough as the Mayor shall designate, except as otherwise specifically provided in this Charter.

   C. In the event the nature of the power or duty is uncertain or the law creating such power or duty requires cooperation between branches of the Borough, the President of the Council and the Mayor shall fix responsibility for the exercise of such power or duty.

§ 41.2-204. Continuation of Powers.

 All powers and functions of the Borough of Norristown contained in any or all ordinances, resolutions, by-laws, rules and regulations or portions thereof, which are in force on the effective date of this Charter, and are not inconsistent with or in conflict with the provisions of this Charter, shall continue in full force and effect until amended, repealed, superseded, or expired by their own terms.

§ 41.2-205. Eminent Domain.

 The Borough may acquire by purchase, gift, devise, or condemnation any property which may be needed by the Borough for any public use or purpose in accordance with the provisions of the Pennsylvania Eminent Domain Code and General Law.

§ 41.2-206. Construction.

 The powers of the Borough shall be liberally construed in favor of the Borough in order to provide Norristown with the greatest possible powers of self-government allowable in the Commonwealth of Pennsylvania. Any specific mention of powers in this Charter shall not be construed as limiting in any way the general powers of the Borough.

§ 41.2-207. Inter-governmental Relations.

 In the exercise of any of its powers or performance of any of its functions or responsibilities and the financing thereof, the Borough shall have those powers of inter-governmental cooperation as set forth in Article IX, Section 5 of the Constitution of the Commonwealth of Pennsylvania.

ARTICLE III. LEGISLATIVE BRANCH


Sec.


41.3-301.    Council, Legislative Power and Duties.
41.3-302.    Composition of Council.
41.3-303.    Qualifications.
41.3-304.    Prohibitions.
41.3-305.    Terms of Office.
41.3-306.    Election.
41.3-307.    Salary.
41.3-308.    Expense Account.
41.3-309.    Vacancies.
41.3-310.    Filling Vacancies.
41.3-311.    Oath of Office.
41.3-312.    Forfeiture of Office.
41.3-313.    Organization and Officers.
41.3-314.    Borough Secretary.
41.3-315.    Meeting Procedure and Agenda.
41.3-316.    Quorum and Majority Action.
41.3-317.    Forms of Council Action.
41.3-318.    Appearance of the Mayor and Other Administrative Officers Before Council.
41.3-319.    Council Meetings to be Public.
41.3-320.    Records.
41.3-321.    Reports.
41.3-322.    Investigations.

§ 41.3-301. Council—Legislative Powers and Duties.

 A. All powers and duties of the Borough, including those set forth in §  41.2-201 of this Charter and those in existence or hereafter conferred on the Borough by the Constitution of Pennsylvania, or General Law shall be exclusively vested in and exercised by Council except as otherwise provided in this Charter.

 B. Council shall be the legislative body of the Borough charged with the responsibility and duty to:

   1. Establish the policies, goals and objectives for the legislative, executive, administrative and advisory functions of the Borough; and,

   2. Make and adopt ordinances and resolutions consistent with the Constitution and laws of this Commonwealth and this Charter, and to prescribe fines and penalties for the violation thereof.

§ 41.3-302. Composition of Council.

 The Council shall consist of seven (7) members. Three (3) members shall be known as ‘‘Council Members at large’’ and shall be nominated and elected by the qualified voters of the Borough at large. Four (4) members shall be known as ‘‘District Council Members’’ and shall be nominated and elected by the qualified voters of their respective districts. Unless otherwise indicated in this Charter, Council Members at large and District Council Members shall be individually or collectively called ‘‘Council Member’’ or ‘‘Council Members’’.

§ 41.3-303. Qualifications.

 A. A Council Member shall:

   1. Be a citizen of the United States of America;

   2. Be a qualified voter of the Borough;

   3. Have been a resident of the Borough and, in the case of a District Council Member, a resident of the district he or she represents for at least one year prior to nomination;

   4. In the case of a District Council Member, remain a resident of the district in which he or she is elected to represent;

   5. Not have been convicted of embezzlement of public monies, bribery, perjury or other infamous crime; and,

   6. Not otherwise be disqualified from office by the terms of this Charter or by General Law.

 B. The qualifications set forth herein shall apply to any person appointed to fill a vacancy in the office of Council Member.

Cross References

   This section cited in 346 Pa. Code §  41.3-310 (relating to filling vacancies).

§ 41.3-304. Prohibitions.

 A. Holding Other Office. No Council Member, during his or her term of office shall:

   1. Hold any other elective office, appointed office or employment in the government of the Borough; or,

   2. Hold any elective office of the County of Montgomery, the Commonwealth of Pennsylvania or the United States of America.

 B. Appointments and Removals. The Council and its Council Members shall not in any manner dictate the appointment or removal of administrative officers or employees of the Borough for whom the Municipal Administrator or any of his or her subordinates are, without approval of Council, empowered to appoint or remove.

 C. Interference with Administration. Except for the purpose of official investigations under §  41.3-322 of this Charter, Council and its Council Members shall deal with Borough officers and employees, who are subject to the direction and supervision of the Municipal Administrator, solely through the Municipal Administrator. Council and its Council Members shall not give orders or directions to any such officers or employees at any time. However, Council may express its views regarding the conduct, orders or directions, policies, goals or objectives of any Borough officers or employees.

§ 41.3-305. Term of Office.

 A. Council Members shall serve a term of office of four (4) years commencing at the organizational meeting of Council under §  41.3-313 A of this Charter following the year in which they are elected.

 B. A Council Member appointed to fill a vacancy shall serve until the earlier of the first regularly scheduled meeting of Council following the certification of election under §  41.3-310 C of this Charter or until the expiration of the original Council Member’s term. However, if a Council Member is appointed within eighteen (18) months of the end of the original Council Member’s term, such Council Member shall serve the balance of that term.

 C. A Council Member elected to fill a vacancy shall serve only for the balance of the unexpired term.

 D. No Council Member shall be elected for more than two (2) consecutive four (4) year terms and the balance of one unexpired term of a vacated Council seat. Thereafter, no such person shall be elected or appointed to serve as Council Member for at least two (2) years.

Cross References

   This section cited in 346 Pa. Code §  41.3-310 (relating to filling vacancies); and 346 Pa. Code §  41.12-1203 (relating to council members).

§ 41.3-306. Election.

 A. The procedure for the nomination and election of Council Members and the designation of municipal election days shall be as provided in the election laws of the Commonwealth of Pennsylvania.

 B. No candidate may seek more than one (1) office during an election.

§ 41.3-307. Salary.

 A. Each Council Member shall receive an annual salary of $4000 paid in equal monthly installments or such other sum as Council may from time to time ordain; provided, however, that no ordinance increasing such salary shall become effective until the date of the commencement of the terms of Council Members elected at the next municipal or general election occuring at least six (6) months after the effective date of such ordinance.

 B. The Borough shall not pay Council Members any other compensation, current or deferred, direct or indirect, except for expenses described in §  41.3-308 of this Charter and authorized by resolution.

§ 41.3-308. Expense Account.

 Council shall, by resolution, annually determine the amount of an expense account for the Council Members and the Mayor. The amount of such expenses shall be limited to the actual and necessary expenses incurred in the performance of their duties in accordance with regulations set forth in the Administrative Code or other ordinance.

Cross References

   This section cited in 346 Pa. Code §  41.3-307 (relating to salary).

§ 41.3-309. Vacancies.

 The office of a Council Member shall become vacant upon the death, legal incompetency, resignation, forfeiture, or removal from office in any manner authorized by this Charter or General Law.

§ 41.3-310. Filling Vacancies.

 A. If a vacancy shall occur in the office of a Council Member for any reason set forth in this Charter, the remaining members of Council shall, by simple majority vote, within thirty (30) days following the vacancy, appoint a person qualified to hold such office and to serve therein as provided in § §  41.3-303 and 41.3-305 of this Charter. If Council shall refuse, fail or neglect or be unable, for any reason whatsoever, to fill a vacancy within thirty (30) days after the vacancy occurs, then the Court of Common Pleas of Montgomery County, Pennsylvania shall, upon petition of the Council, of any individual Council Member or of any twenty five (25) qualified voters of the Borough, fill the vacancy in such office by the appointment of a qualified voter of the Borough to hold and to serve in such office as provided in § §  41.3-303 and 41.3-305 of this Charter.

 B. In case vacancies should exist whereby the offices of a majority or more of the Council Members become vacant, the remaining members, or the Court of Common Pleas of Montgomery County, Pennsylvania, as the case may be, shall fill such vacancies, one at a time, giving each new appointee such reasonable notice of appointment as will enable the appointee to meet and act with the then qualified Council Member or Council Members in making further appointments until a bare majority of Council Members have been qualified, whereupon such members shall fill the remaining vacancies at a meeting attended by the said majority Council Members, such appointees to receive a majority of the votes of the Council Members present at any such meeting. The person or persons selected to fill such vacancy or vacancies shall hold and serve in such offices as provided in § §  41.3-303 and 41.3-305 of this Charter.

 C. If the unexpired term of a Council Member appointed to fill a vacancy is more than eighteen (18) months, then at the next regularly scheduled primary, municipal or general election occuring at least sixty (60) days after the vacancy occurs, a qualified person shall be elected to fill the vacancy by special election as provided in the election laws of the Commonwealth of Pennsylvania. A person so elected shall assume office at the beginning of the first regularly scheduled meeting of Council following certification of his or her election and shall serve for the remainder of the unexpired term.

Cross References

   This section cited in 346 Pa. Code §  41.3-305 (relating to term of office).

§ 41.3-311. Oath of Office.

 Before entering upon the duties of his or her office, a Council Member shall take and subscribe an oath or affirmation to support the Constitution of the United States and of the Commonwealth of Pennsylvania and to perform the duties of his or her office with fidelity, together with such loyalty oath as is prescribed and required by General Law. The oath or affirmation may be taken before any Judge of the County or before any District Justice having a magisterial district within the Borough, and shall be filed with the Borough Secretary and be preserved among the records of the Borough for a period of six (6) years.

§ 41.3-312. Forfeiture of Office.

 A. The office of a Council Member shall be forfeited, for cause, if the Council Member:

   1. Lacks any qualifications for the office prescribed by this Charter or by General Law;

   2. Violates any express prohibition of the Charter;

   3. Is convicted of embezzlement of monies, bribery, perjury or other infamous crime;

   4. Fails or neglects to perform the duties of a Council Member; or,

   5. Misbehaves in office.

 B. The following procedure shall be followed to determine whether a forfeiture has occured:

   1. Council shall hold a public hearing and decide thereat by resolution whether the office of the Council Member has been forfeited for cause. The Council Member named shall not be eligible to vote upon such resolution.

   2. Notice of such public hearing with the purpose, date, time and place thereof shall be advertised at least once in one (1) or more newspapers of general circulation in the Borough not more than thirty (30) days or less than ten (10) days prior to the hearing. Council shall cause such notice to be sent by registered mail to the named Council Member not less than ten (10) days prior to the hearing. The Council Member and other interested parties shall be given an opportunity to testify at such public hearing.

   3. Within ten (10) days following the completion of the hearing, Council shall, by the affirmative vote of a majority of the remaining Council Members, render its decision as to whether or not it has been demonstrated and proven that the office of Council Member has been forfeited for cause. Copies of the written decision shall be mailed to the Council Member and to other interested parties who filed a written request therefor during the hearing, within forty-eight (48) hours of the date of said decision. The decision of Council shall be subject to review by the Court of Common Pleas of Montgomery County, Pennsylvania, on appeal filed within thirty (30) days of the date of said decision by the Council Member or any interested party.

Council Procedure


empty

§ 41.3-313. Organization and Officers.

 A. The Council shall organize at a public meeting at 7:30 P.M. on the first Monday of January of each year. If the first Monday is a legal holiday, the organizational meeting shall be held on the first day following which is not a legal holiday.

 B. At the organizational meeting, Council shall elect from its membership, by the affirmative vote of at least four (4) Council Members, a President and Vice-President, who shall serve at the pleasure of Council. If the Council Members are unable, within five (5) ballots, to elect a President or Vice-President of Council, then the Council Member who, in the election for members of the Council received the greatest number of votes, shall be the President of Council and the person receiving the next highest number of votes shall be Vice-President of Council. Should such persons decline to accept such offices, then the persons receiving the next highest votes shall be the President and Vice-President, respectively, and so on until the offices are filled. The President of Council or the Vice-President in the President’s absence shall preside at all meetings of the Council and shall have a voice and a vote in its proceedings.

 C. Council shall appoint a Clerk of Council who shall be the secretary for Council and shall keep minutes of its meetings and its records, and shall perform such other duties as Council may prescribe. Council may appoint any other officers and employees to assist in the duties of Council, if not inconsistent with other provisions of this Charter.

Cross References

   This section cited in 346 Pa. Code §  41.3-305 (relating to term of office); and 346 Pa. Code §  41.5-501 (relating to election, term and qualifications). empty

§ 41.3-314. Borough Secretary.

 Council shall appoint a Borough Secretary who shall be responsible for transcribing and preserving the ordinances, rules and regulations of the Borough and who shall have custody of the Corporate Seal. The Borough Secretary shall certify copies of all official documents of the Borough and, when so certified, such documents shall be admissible in evidence in any Court of the Commonwealth of Pennsylvania. The Borough Secretary shall attest the execution of all instruments and ordinances of the Borough and shall file Proof of Service of all notices required by this Charter, the Administrative Code, other ordinance and General Law. empty

§ 41.3-315. Meeting Procedure and Agenda.

 A. Council shall meet regularly at least once every month at such time and place as Council may prescribe by ordinance or resolution. At the organizational meeting, Council shall prescribe and advertise the calendar of regular monthly meetings for the balance of the year.

 B. Special meetings of Council may be held on the call of the President or of a majority of Council Members. Notice and the agenda of such meeting shall be given to each Council Member at least twenty four (24) hours in advance of a special meeting.

 C. Council may, in the event of a substantial public emergency affecting the health, safety or welfare of the citizens of the Borough, hold emergency meetings without the aforesaid twenty four (24) hours advance notice.

 D. An agenda of all regular meetings shall be posted in the office of the Borough and at such other locations in the Borough as may be prescribed in the Administrative Code or other ordinance at least seventy two (72) hours in advance of the meeting. In the case of a special meeting, such agenda shall be posted at the locations prescribed for regular meetings, at least twenty four (24) hours in advance of the meeting. However, in the case of an emergency meeting, this requirement shall be waived.

 E. Council shall, in the Administrative Code or other ordinance, adopt Council procedures and rules and regulations which shall be designed to assure full and equal participation in the deliberations of Council by all Council Members. empty

§ 41.3-316. Quorum and Majority Action.

 A. A majority of all members of Council shall constitute a quorum.

 B. Council shall conduct no business except in the presence of a quorum.

 C. The action of a majority of the Council Members present and entitled to vote shall be binding upon and constitute the action of the Council, except as otherwise provided in this Charter. empty

§ 41.3-317. Forms of Council Action.

 A. Official action of the Council shall be taken by the adoption of an ordinance or resolution at a public meeting and must be in written form.

   1. All final action in adopting an ordinance or resolution shall be by roll call vote.

   2. The vote of each Council Member shall be entered into the record of the meeting.

 B. Resolutions of Council shall be passed upon the affirmative vote of a majority of the Council Members present and entitled to vote.

 C. Ordinances of Council shall be adopted by the affirmative vote of at least four (4) Council Members. empty

§ 41.3-318. Appearance of the Mayor and Other Administrative Officers Before Council.

 The Mayor and other administrative officers may, upon request of the Mayor, appear before Council to request legislation, to report on the condition of the Borough, or to advise Council on matters of public interest. empty

§ 41.3-319. Council Meetings to be Public.

 A. All meetings of Council, and any committees thereof shall be open to the public and public notice of all such meetings shall be given.

 B. It is the intent of this Charter that the public shall have the right to be heard at all meetings of Council at which official actions are taken. Council shall, in the Administrative Code or other ordinance, establish rules providing the opportunity and reasonable time for public participation at its public meetings. empty

§ 41.3-320. Records.

 A. Council shall, in accordance with this Charter and General Law, make and preserve minutes and records of its proceedings. These records shall be open for public inspection during normal Borough office hours.

 B. Council shall provide for the electronic recording of all public meetings. These recordings shall be available to the public at the Borough office and shall be retained as a part of the Borough records. empty

§ 41.3-321. Reports.

 Council Members shall provide the President of Council with reports as required under the Administrative Code or other ordinance. empty

§ 41.3-322. Investigations.

 Council shall have the power to:

   A. Make inquiries and investigations into the affairs of the Borough and the conduct of any department, office, board or agency in aid of its powers and functions under this Charter or General Law.

   B. Issue subpoenas over the signature of the President, to require the attendance of witnesses and production of records and papers pertaining to any such inquiries and investigations, including, but not limited to, subpoenas to compel the production of evidence in the control, custody, and possession of the executive branch. If any person shall refuse or neglect to obey any subpoena issued by the Council, it may apply by petition to the Court of Common Pleas of the County for its subpoena, requiring the attendance of such persons before the Council or the Court there to testify and to produce any records and papers necessary, and in default thereof, shall be held in contempt of Court. Council shall, in the Administrative Code or other ordinance, provide for a fine or penalty for the refusal or neglect to obey any subpoena issued by it.

   C. Administer, by its President, oaths or affirmations in connection with such inquiries and investigations.

   D. Take testimony in connection with such inquiries and investigations.

Cross References

   This section cited in 346 Pa. Code §  41.3-304 (relating to prohibitions).

ARTICLE IV. ORDINANCES


Sec.


41.4-401.    Actions Requiring Ordinances.
41.4-402.    Form of Ordinances.
41.4-403.    Standard Codes of Technical Regulations.
41.4-404.    Procedure for Enactment.
41.4-405.    Effective Date.
41.4-406.    Publication.
41.4-407.    Recording.
41.4-408.    Codification.
41.4-409.    Emergency Ordinances.
41.4-410.    Administrative Code.

Cross References

   This article cited in 346 Pa. Code §  41.8-803 (relating to initiative and referendum). empty

§ 41.4-401. Actions Requiring Ordinances.

 A. Council shall exercise by Ordinance those powers and duties which:

   1. Establish all budgets and capital programs;

   2. Establish, levy and collect taxes and provide for the rates thereof;

   3. Establish or amend an Administrative Code;

   4. Grant, renew or extend all franchises;

   5. Authorize the borrowing of monies, with the exception of revenue anticipation loans;

   6. Establish all zoning, subdivision, land development and building codes and regulations;

   7. Amend or repeal ordinances previously adopted;

   8. Exercise the power of eminent domain;

   9. Provide for a fine or other penalty, or establish a rule or regulation for the violation of which a fine or other penalty may be imposed;

   10. Authorize the construction of public capital improvements;

   11. Establish, alter or abolish rates or charges for utilities or services supplied by the Borough;

   12. Purchase, convey, lease or authorize the purchase and conveyance or lease of any real property; or,

   13. Otherwise are required by this Charter or General Law to be exercised by ordinance.

 B. All other powers and duties of the Borough or Council may be exercised by ordinance or resolution. empty

§ 41.4-402. Form of Ordinances.

 No ordinance shall contain more than one subject, which shall be clearly expressed in its title. Any ordinance which repeals or amends an existing ordinance shall clearly indicate the matter to be repealed, omitted or added. empty

§ 41.4-403. Standard Codes of Technical Regulations.

 Council may adopt any standard code of technical regulations, or parts thereof, by adopting an ordinance incorporating said standard codes, or parts thereof, by reference. The details of such standard codes need not be advertised, but copies of such codes shall be available at the Borough office for public inspection and for purchase at a reasonable fee fixed by Council. empty

§ 41.4-404. Procedure for Enactment.

 Except as otherwise provided in this Charter, the procedure for enactment or adoption of ordinances shall be as follows:

   A. Introduction. A proposed ordinance may be introduced by a Council Member at any regular or special public meeting. Such ordinance shall be submitted to the Borough Secretary in advance thereof who shall place it on the agenda of the next public meeting for introduction and first consideration. A proposed ordinance not included on the agenda shall be introduced and given first consideration only with the affirmative vote of at least four (4) Council Members.

   B. Advance Advertisement. If the proposed ordinance is approved by Council upon introduction and first consideration, the Borough Secretary shall advertise the full text thereof and the date, time and place when the ordinance will receive further consideration. Said advertisement shall be published at least once in one (1) or more newspapers of general circulation in the Borough not more than thirty (30) days nor less than ten (10) days before the said public meeting. When maps, plans or drawings of any kind are proposed as part of an ordinance, the Borough Secretary may, instead of publishing same, provide that they are on file and may be examined at the Borough office during normal office hours.

   C. Adoption by Council. Provided that citizens of the Borough have been given the opportunity to express their views at the advertised public meeting, Council may:

     1. Adopt the ordinance as proposed;

     2. Postpone action until a later meeting; or,

     3. Amend a proposed ordinance before final adoption.

   If there is a postponement and no announcement made thereat of a later date, time and place when the ordinance will receive further consideration or if an amendment makes any change in the substance of the ordinance as originally advertised, then no final action may be taken until the ordinance has again been advertised in accordance with subsection B of this Charter. Final adoption of an ordinance except as otherwise provided in this Charter, shall require the affirmative vote of at least four (4) Council Members.

   D. Veto. Upon final adoption by Council, an ordinance shall be signed by the President and Borough Secretary and be submitted to the Mayor within five (5) days. The Mayor shall approve or veto such ordinance within ten (10) days thereafter. If the Mayor approves the Ordinance, he shall sign it. Should the Mayor veto an ordinance, he shall return it to Council with the reasons for the veto stated in writing. However, such a veto may be overridden at the next succeeding regular meeting of Council by the affirmative vote of at least five (5) Council Members. Should the Mayor fail to act within said ten (10) days, the ordinance shall be deemed approved.

   E. Budget Item Veto. Upon adoption of the budget by the Council, under Article VII of this Charter, it shall be delivered within three (3) days to the Mayor, who within ten (10) days thereafter may veto or change any item contained in it. If the Mayor vetoes or changes any item in the budget, the Mayor shall return it to Council with reasons for the veto or change stated in writing. Council may override such veto or change within fifteen (15) days by the affirmative vote of at least five (5) Council Members. empty

§ 41.4-405. Effective Date.

 Except as specifically provided otherwise in this Charter, an ordinance shall take effect thirty one (31) days after final adoption by Council. Final adoption by Council shall occur on the date the ordinance is approved by the Mayor, or on the date the ordinance is deemed to be approved without the specific approval of the Mayor, or upon the date Council overrides the veto of the Mayor. empty

§ 41.4-406. Publication.

 Within ten (10) days after final approval of an ordinance, the Borough Secretary shall advertise the ordinance in full in one (1) or more newspapers of general circulation in the Borough. empty

§ 41.4-407. Recording.

 The Borough Secretary shall cause the full text of any ordinance, with proof of publication, to be recorded in a permanent record book within thirty one (31) days after its final adoption. The permanent record book shall be open and available for public inspection throughout normal Borough office hours. empty

§ 41.4-408. Codification.

 Within one (1) year after the effective date of this Charter, Council shall provide for the preparation of a general codification of all Borough ordinances having the force and effect of law. The general codification shall be adopted by Council or by ordinance and shall be published promptly in loose leaf form, together with this Charter and the Administrative Code required by this Charter. The compilation shall be known and cited as ‘‘The General Laws of Norristown’’ and copies shall be furnished to Council Members, Borough Officers, libraries in Norristown and the Borough office for free public reference, and shall be made available for purchase by the public at a reasonable price fixed by Council. All amendments to the ‘‘General Laws of Norristown’’ and new ordinances, shall be integrated in said compilation and distributed as aforesaid. empty

§ 41.4-409. Emergency Ordinances.

 A. Notwithstanding any other provisions of this Article of this Charter, Council may, in the event of a substantial public emergency affecting the life, health, property, and peace of the citizens of Norristown, adopt one (1) or more emergency ordinances; provided, however, that emergency ordinances shall not levy taxes.

 B. Emergency ordinances shall be introduced in the form required and shall be so designated and shall clearly state the nature of the emergency in specific terms. No prior publication of an emergency ordinance shall be required.

 C. An emergency ordinance shall require the affirmative vote of at least five (5) Council Members. In the event it is impossible for the total membership to be present, an emergency ordinance may be adopted by the majority vote of the Council Members present, provided four (4) Council Members are present.

 D. An emergency ordinance shall not be subject to approval or veto by the Mayor and may be adopted and take effect immediately at any public meeting at which it is adopted.

 E. An emergency ordinance shall automatically be repealed on the 31st day following the date of its adoption, but may be re-enacted as provided herein if the emergency still exists. An emergency ordinance may also be repealed by the adoption of a repealing ordinance in the manner set forth herein.

 F. An emergency ordinance shall be advertised as soon as possible after it is adopted.

Cross References

   This section cited in 346 Pa. Code §  41.7-710 (relating to budget amendment). empty

§ 41.4-410. Administrative Code.

 Council shall, by ordinance, adopt an Administrative Code which shall provide for the following:

   1. The Borough executive and administrative organization and procedures, consistent with the provisions of this Charter;

   2. A continual census of the population of the Borough; and,

   3. All other procedures, rules, regulations and provisions required by this Charter to appear in the Administrative Code.

ARTICLE V. EXECUTIVE BRANCH—THE MAYOR


Sec.


41.5-501.    Election, Term and Qualification.
41.5-502.    Prohibitions.
41.5-503.    Duties and Powers of the Mayor.
41.5-504.    Acting Mayor.
41.5-505.    Vacancy.
41.5-506.    Forfeiture of Office.
41.5-507.    Filling a Vacancy.
41.5-508.    Compensation of the Mayor.
41.5-509.    Oath of Office.
41.5-510.    Executive Organization.
41.5-511.    Departments and Department Heads.
41.5-512.    Authorities, Boards and Commissions.
41.5-513.    Personnel Administration.
41.5-514.    Appointment of Employees.
41.5-515.    Compensation.
41.5-516.    Temporary Absence or Incapacity.
41.5-517.    Residency Requirement. empty

§ 41.5-501. Election, Term and Qualifications.

 A. Election. The Mayor shall be elected by the qualified voters of the Borough at large. The procedure for the nomination and election of Mayor and the designation of municipal election day shall be as provided in the election laws of the Commonwealth of Pennsylvania. No candidate may seek more than one (1) office during an election.

 B. Term of Office.

   1. The Mayor shall serve a term of office of four (4) years commencing at the organization meeting of Council following his or her election under §  41.3-313 A of this Charter.

   2. A Mayor appointed to fill a vacancy shall serve until the earlier of the first regularly scheduled meeting of council following the certification of election under §  41.5-507 B of this Charter or until the expiration of the original Mayor’s term. However, if a Mayor is appointed within eighteen (18) months of the end of the original Mayor’s term, such person shall serve the balance of that term.

   3. A Mayor elected to fill a vacancy shall serve only for the balance of the unexpired term.

   4. No Mayor shall be elected for more than two (2) consecutive four (4) year terms and the balance of one (1) unexpired term of a vacated office of Mayor. Thereafter, no such person shall be elected or appointed to serve as Mayor for at least two (2) years.

 C. Qualifications. The Mayor shall:

   1. Be a citizen of the United States of America;

   2. Be a qualified voter of the Borough;

   3. Be at least twenty five (25) years of age;

   4. Have been a resident of the Borough for at least three (3) years immediately prior to nomination for election and reside in the Borough throughout the term of office;

   5. Not have been convicted of embezzlement of public monies, bribery, perjury or other infamous crime;

   6. Not otherwise be disqualified from office by terms of this Charter or by General Law.

Cross References

   This section cited in 326 Pa. Code §  41.5-507 (relating to filling a vacancy). empty

§ 41.5-502. Prohibitions.

 No Mayor, during his or her term of office shall:

   1. Hold any other elective office, appointed office or employment in the government of the Borough; or,

   2. Hold any elective office of the County of Montgomery, Commonwealth of Pennsylvania or the United States of America. empty

§ 41.5-503. Duties and Powers of the Mayor.

 The Mayor shall be the Chief Executive Officer of the Borough and shall be responsible for the execution, administration and enforcement of all policies, ordinances and resolutions of the Borough. It is the intent of this Charter that the executive power of the Borough shall be vested in the Mayor. Such powers and duties shall include, but not be limited to, the following:

   A. To enforce the provisions of this Charter and all ordinances of the Borough;

   B. To report to Council and to the public on or before the forty fifth (45th) day after the beginning of each fiscal year on the financial and administrative activities, and the conditions and needs of the Borough;

   C. To make recommendations to Council as the Mayor deems necessary on matters affecting the health, safety, or welfare of the Borough and its citizens;

   D. To approve or veto an ordinance subject to the provisions of the Charter;

   E. To appoint and remove the Municipal Administrator, the Solicitor, the Director of Finance, the Borough Engineer, the Director of Public Safety, the Director of Planning and Municipal Development, and the Director of Public Works, subject to the provisions of this Charter;

   F. To appoint, suspend and remove all department heads and other Borough employees and the right to delegate said power to the Municipal Administrator;

   G. To cause to be prepared the annual operating plan and budget and the annual capital plan and budget of the Borough and to submit the same to Council as provided by this Charter;

   H. To appoint and dissolve, from time to time, voluntary committees of citizens of the Borough to assist and advise the Mayor on issues and matters pertaining to the office and the affairs of the Borough;

   I. To appoint with the approval of Council, all members of authorities, boards, commissions and agencies, if not otherwise required by this Charter or by General Law;

   J. To have all necessary incidental powers to perform and exercise any of the duties and functions as set forth in this Charter or lawfully delegated to the office by this Charter or by General Law;

   K. Until appropriate action can be taken by Council, to declare a state of emergency, when a serious threat to life, health, or safety of the citizens of the Borough shall occur within the Borough, and to take appropriate actions in such circumstances;

   L. To enforce provisions of all franchises, permits, licenses, and privileges granted by the Borough; to make certain all terms and conditions in favor of the Borough in any public law, public utility franchise, other franchise, contract or lease are faithfully kept and performed;

   M. To represent the Borough in negotiations and deliberations concerning matters of inter-governmental cooperation subject to the approval of Council; and,

   N. To exercise any additional powers or duties conferred upon the Mayor by this Charter or by General Law. empty

§ 41.5-504. Acting Mayor.

 The Municipal Administrator shall act as Mayor upon the occurrence of a vacancy in the office of the Mayor; whenever the Mayor shall be prevented by temporary absence, disability, or other cause from attending to the duties of his or her office; and, whenever the Mayor is disqualified from acting on a contract because of a conflict of interest under §  41.10-1002 B under this Charter. In such event, the Municipal Administrator shall possess all the rights, power and duties of the Mayor, and shall serve as Mayor until the vacancy is filled, until the Mayor is able to resume the duties of office, or until the contract is concluded. empty

§ 41.5-505. Vacancy.

 The office of Mayor shall become vacant upon the death, legal incompetency, resignation, forfeiture, or removal from office in any manner authorized by this Charter or General Law. empty

§ 41.5-506. Forfeiture of Office.

 A. The office of Mayor shall be forfeited if the Mayor:

   1. Lacks any qualifications for the office described by this Charter or by General Law;

   2. Violates any express prohibition of this Charter;

   3. Is convicted of embezzlement of monies, bribery, perjury or infamous crime;

   4. Fails or neglects to perform the duties of Mayor; or,

   5. Misbehaves in office.

 B. The following procedure shall be followed to determine whether a forfeiture has occured:

   1. Council shall hold a public hearing and decide thereat by resolution whether the office of Mayor has been forfeited for cause.

   2. Notice of such public hearing with the purpose, date, time and place thereof shall be advertised at least once in one (1) or more newspapers of general circulation in the Borough not more than thirty (30) days or less than ten (10) days prior to the hearing. Council shall cause such notice to be sent by registered mail to the Mayor not less than ten (10) days prior to the hearing. The Mayor and other interested parties shall be given an opportunity to testify at such public hearing.

   3. Within ten (10) days following the completion of the hearing, Council shall, by the affirmative vote of at least four (4) Council Members, render its decision as to whether or not it has been demonstrated and proven that the office of Mayor has been forfeited for cause. Copies of the written decision shall be mailed to the Mayor and to other interested parties who filed a written request therefor during the hearing, within forty eight (48) hours of the date of said decision. The decision of Council shall be subject to review by the Court of Common Pleas of Montgomery County, Pennsylvania, on appeal filed within (30) days of the date of said decision by the Mayor or any interested party. empty

§ 41.5-507. Filling a Vacancy.

 A. If a vacancy shall occur in the office of Mayor, for any reason set forth in this Charter, Council shall, by the affirmative vote of at least four (4) Council Members, within thirty (30) days following the vacancy, appoint a person qualified to hold such office and to serve therein as provided in §  41.5-501 of this Charter. If Council shall refuse, fail or neglect or be unable, for any reason whatsoever to fill a vacancy within thirty (30) days after the vacancy occurs, then the Court of Common Pleas of Montgomery County, Pennsylvania shall, upon the petition of Council of any individual Council Member or of any twenty five (25) qualified voters of the Borough, fill the vacancy in such office by the appointment of a qualified voter of the Borough to hold and serve in such office as provided in §  41.5-501 of this Charter.

 B. If the unexpired term of a Mayor appointed to fill a vacancy is more than eighteen (18) months, then at the next regularly scheduled primary, municipal or general election occuring at least sixty (60) days after the vacancy occurs, a qualified person shall be elected to fill the vacancy by special election as provided in the election laws of the Commonwealth of Pennsylvania. A person so elected shall assume office at the beginning of the first regularly scheduled meeting of Council following certification of his or her election and shall serve for the remainder of the unexpired term.

Cross References

   This section cited in 346 Pa. Code §  41.5-501 (relating to election, term, and qualifications). empty

§ 41.5-508. Compensation of the Mayor.

 The compensation of the first Mayor to serve after the adoption of this Charter shall be and is hereby set at $5,000 per annum, to be paid in equal monthly payments. Council may establish by ordinance the annual compensation to be paid to subsequent Mayors under this Charter, but no ordinance changing compensation shall become effective until the expiration of the term of the Mayor in office at the time the ordinance was adopted. Ordinances changing the compensation of future Mayors must be enacted prior to the first day of February in the years of municipal elections in order to apply to any Mayor elected in such year. The Mayor shall receive no other Borough compensation, direct or indirect, current or deferred. However, the Mayor shall be authorized to receive reimbursement of actual and necessary expenses incurred in the performance of his or her duties in accordance with regulations set forth in the Administrative Code or other ordinance. empty

§ 41.5-509. Oath of Office.

 Before entering upon the duties of his or her office, a Mayor shall take and subscribe an oath or affirmation to support the Constitution of the United States and of the Commonwealth of Pennsylvania and to perform the duties of the office with fidelity, together with such loyalty oath as is prescribed and required by General Law. The oath or affirmation may be taken before any judge of the County or District Justice having a magisterial district within the Borough, and shall be filed with the Borough Secretary and be preserved among the records of the Borough for a period of six (6) years.

Executive Branch—Organization


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§ 41.5-510. Executive Organization.

 The executive branch shall include the following major departments:

   A. A Department of Administration, headed by the Municipal Administrator, and responsible for:

     1. All Borough and legal records, and maintenance thereof;

     2. Personnel administration and wage negotiations;

     3. Oversight of all other departments;

     4. Engineering; and,

     5. Such other duties as are required by the Administrative Code, this Charter, ordinance or such other duties as the Municipal Administrator may direct.

   B. A Department of Finance, headed by the Director of Finance reporting to the Municipal Administrator, and responsible for:

     1. Borough Finance;

     2. Tax Collection;

     3. The operating plan and budget and the capital plan and budget;

     4. All financial receipts and disbursements;

     5. Licensing; and,

     6. Such other duties as are required by the Administrative Code, this Charter, ordinance, or such other duties as the Municipal Administrator may direct.

   C. A Department of Public Safety, headed by the Director of Public Safety reporting to the Municipal Administrator and be responsible for:

     1. Police Department;

     2. Fire Department;

     3. Crossing Guides;

     4. Health, Housing, Zoning and other Code enforcement; and,

     5. Such other duties as are required by the Administrative Code, this Charter, ordinance, or such other duties as the Municipal Administrator may direct.

   D. A Department of Planning and Municipal Development, headed by the Director of Planning and Municipal Development reporting to the Municipal Administrator, and responsible for:

     1. Borough Planning;

     3. Borough Projects;

     3. Borough Development;

     4. Borough Zoning; and,

     5. Such other duties as are required by the Administrative Code, this Charter, ordinance, or such other duties as the Municipal Administrator may direct.

   E. A Department of Public Works, headed by the Director of Public Works, reporting to the Municipal Administrator, and responsible for:

     1. Streets;

     2. Borough buildings;

     3. Parks, Zoo and Recreation;

     4. Vehicles and Vehicle Maintenance;

     5. Lighting, Signs and Signals;

     6. Sewage Treatment Plant; and,

     7. Such other duties as are required by the Administrative Code, this Charter, ordinance, or such other duties as the Municipal Administrator may direct. empty

§ 41.5-511. Departments and Department Heads.

 A. Council shall adopt, in the Administrative Code or other ordinance, provisions for the administrative organization of the Borough and the assignment of duties and the responsibilities of its officers and employees.

 B. Council shall in the Administrative Code, create, modify, abolish and prescribe the functions of Borough departments, offices and agencies not inconsistent with this Charter or General Law.

 C. All changes in the organization and functions set forth in the Administrative Code shall be effected by amendment of the Administrative Code in the same manner as other ordinances are enacted or amended under this Charter.

 D. Each department shall be headed by a director appointed by the Mayor, with the approval of Council by the affirmative vote of at least four (4) Council Members. The director of a department shall be appointed solely on the basis of executive and administrative qualifications and abilities appropriate to the duties of his or her department. empty

§ 41.5-512. Authorities, Boards and Commissions.

 A. Council shall, in the Administrative Code, create, modify, or abolish boards, commissions, authorities, agencies or special committees and prescribe their composition and duties, not inconsistent with this Charter or General Law.

 B. The Mayor, with the approval of Council by the affirmative vote of at least four (4) Council Members shall appoint the members of all authorities, boards, commissions, and agencies required under this Charter, the Administrative Code, other ordinance, or by General Law. Such persons shall be considered appointed officials of the Borough.

 C. Unless otherwise prohibited by this Charter or General law, authorities, boards, commissions and agencies shall be attached to an appropriate Borough department for administrative purposes as shall be set forth in the Administrative Code.

 D. Council shall, in the Administrative Code, provide civil service rules and regulations, designed to promote efficient and fair personnel administration and high personnel standards, creating a Civil Service Commission and governing:

   1. The appointment, promotion, demotion, suspension, removal, transfer, lay-off or discipline of Borough employees; and,

   2. The exemption, if desired, of certain Borough employees from civil service rules and regulations.

 E. Council shall, in the Administrative Code, provide for a Human Relations Commission, having the powers and pursuant to the provisions set forth in the Pennsylvania Human Relations Act, 1955, Oct. 27, P. L. 744, as amended.

 F. Council shall, in the Administrative Code, provide for a Search Committee to interview candidates for appointment to Borough offices, boards, commissions, authorities, agencies or special committees required by this Charter, the Administrative Code, other ordinance or General Law, and to make recommendations to the Mayor thereon. The Search Committee shall be comprised of two (2) members appointed by the President of Council and three (3) members appointed by the Mayor.

   1. Not more than one (1) member appointed by the Mayor and not more than one (1) member appointed by Council shall be elected or appointed official of the Borough, or an employee thereof.

   2. The members shall serve without compensation except for actual and necessary expenses incurred.

 G. Council shall, in the Administrative Code, provide for a Mayor’s Advisory Committee comprised of the Mayor, the Municipal Administrator, the Borough Solicitor, the President of Council, the Director of Finance, the Borough Engineer, the Director of Planning and Municipal Development, the Director of Public Safety and the Director of Public Works. The Mayor’s Advisory Committee shall meet at least monthly to review the affairs of the Borough, and have such other powers and duties as set forth in the Administrative Code, not inconsistent with the provisions of this Charter.

Cross References

   This section cited in 346 Pa Code §  41.12-1207 (relating to departments, boards, agencies, authorities and commissions). empty

§ 41.5-513. Personnel Administration.

 Council shall adopt, in the Administrative Code or other ordinance, a comprehensive system of personnel administration based on merit principles which shall include, but not be limited to, provisions for:

   A. A classification of all Borough positions, based on the duties, authority and responsibilities of each position, with adequate provision for re-classification of any position whenever warranted by changed circumstances;

   B. Methods for determining the merit and fitness of candidates for appointment or promotion;

   C. Policies and procedures regulating the reduction in force, disciplinary action, and suspension and removal of employees;

   D. Hours of work, sick and vacation leave, holidays, overtime, compensatory time-off, and compensation;

   E. Grievance procedures, including procedures for the due process hearing of grievances; and,

   F. For such other practices and procedures necessary for the administration of the personnel system of the Borough. empty

§ 41.5-514. Appointment of Employees.

 Department heads shall appoint and remove subordinate employees in their departments under the Personnel Rules and Regulations established by Council in the Administrative Code and not inconsistent with provisions of this Charter. empty

§ 41.5-515. Compensation.

 The compensation of all officers, department heads and employees of the Borough, if not otherwise specifically provided in this Charter, shall be set by Council by resolution, and changed from time to time by resolution at the discretion of Council. Compensation of all other officers, department heads, and employees of the Borough, if not otherwise provided in this Charter shall be set by resolution. empty

§ 41.5-516. Temporary Absence or Incapacity.

 A. Each department head shall designate in writing, with the approval of the Mayor or Municipal Administrator, an employee of the department to serve as acting director of the department during the temporary absence or incapacity of the department head. Such temporary designation may be revoked by the Mayor, or the Municipal Administrator with the approval of the Mayor at any time.

 B. In the absence of such designation by a department head, or the revocation of such designation, the Mayor or Municipal Administrator, with the approval of the Mayor, shall designate an acting department head. empty

§ 41.5-517. Residency Requirement.

 All employees of the Borough shall become residents of the Borough within one (1) year after the date of the commencement of employment, except for employees of the Borough on the effective date of this Charter and as otherwise provided in this Charter.

Cross References

   This section cited in 346 Pa. Code §  41.6-606 (relating to qualifications); and 346 Pa. Code 41.6-611 (relating to borough engineer).

ARTICLE VI. ADMINISTRATIVE OFFICERS—POWERS AND DUTIES


Sec.


41.6-601.    Appointment.
41.6-602.    Qualifications.
41.6-603.    Prohibitions.
41.6-604.    Powers and Duties.
41.6-605.    Appointment.
41.6-606.    Qualifications.
41.6-607.    Powers and Duties of the Solicitor.
41.6-608.    Director of Finance.
41.6-609.    Qualifications.
41.6-610.    Duties of Office.
41.6-611.    Borough Engineer.
41.6-612.    Duties of Office.
41.6-613.    Director of Planning and Municipal Development.
41.6-614.    Qualifications.
41.6-615.    Duties of Office.
41.6-616.    Director of Public Safety.
41.6-617.    Qualifications.
41.6-618.    Duties of Office.
41.6-619.    Police Department.
41.6-620.    Powers of Police.
41.6-621.    School Crossing Guides.
41.6-622.    Fire Department.
41.6-623.    Powers of the Fire Department.
41.6-624.    Director of Public Works.
41.6-625.    Qualifications.
41.6-626.    Duties of Office. empty

§ 41.6-601. Appointment.

 The Mayor shall appoint a Municipal Administrator, with the advice and consent of Council by the affirmative vote of at least four (4) Council Members. If Council fails to act on the appointment within thirty (30) days of the Mayor’s written request, the appointment shall become final at the expiration of the said thirty (30) day period. The Municipal Administrator shall serve for an indefinite term and may be removed by the Mayor with or without cause upon thirty (30) days written notice. Council shall set the compensation of the Municipal Administrator and provide other terms of his or her employment. empty

§ 41.6-602. Qualifications.

 The Municipal Administrator shall:

   1. Be chosen on the basis of executive and administrative abilities, and shall possess a degree in Business or Public Administration and/or have at least five (5) years experience as an executive or administrator in private business or public service.

   2. Be at least twenty five (25) years of age at the time of appointment;

   3. Be a resident of the Borough within one (1) year from the date of the appointment and reside within the Borough during the tenure in office. empty

§ 41.6-603. Prohibitions.

 During tenure in office, the Municipal Administrator shall not hold any other elective or appointed governmental office, and shall not engage in any other business, occupation or employment. empty

§ 41.6-604. Powers and Duties.

 The Municipal Administrator shall assist the Mayor in the performance of all executive and administrative functions of the Borough, and shall serve as the Director of Administration. The powers and duties of the Municipal Administrator shall include:

   A. The direction and supervision of all departments of the Borough;

   B. The preparation of the financial planning required under Article VII of this Charter;

   C. Administration of a personnel program and maintenance of all personnel records;

   D. Administration of a purchasing program;

   E. Making suggestions for the agenda of Council and the attendance at Council meetings upon request of Council;

   F. Establishing a system of public information concerning governmental activity, and a procedure to handle complaints by citizens concerning governmental activities;

   G. Serving as the Borough Secretary; and,

   H. Performing such other powers and duties as may be required by the Mayor, the Administrative Code or other ordinance, this Charter or General Law.

Borough Solicitor


empty

§ 41.6-605. Appointment.

 The Mayor shall appoint a Solicitor, with the advice and consent of Council by the affirmative vote of at least four (4) Council Members. The appointment shall be for an indefinite term, with compensation to be set by Council. The Mayor may remove the Solicitor with or without cause upon thirty (30) days written notice. empty

§ 41.6-606. Qualifications.

 The Solicitor shall be a member of the Bar of the Supreme Court of Pennsylvania with at least five (5) years experience in the practice of law. The Mayor may appoint a law firm to serve as Solicitor, provided the members therein serving the Borough meet the aforesaid qualifications. The Solicitor shall not be subject to the Residency Requirement under §  41.5-517 of this Charter. empty

§ 41.6-607. Powers and Duties of the Solicitor.

 A. The Solicitor shall serve as chief legal counsel for the Borough including Council, the Mayor, the Municipal Administrator and the departments and agencies thereof. The Solicitor shall represent the Borough in all legal matters and shall perform any other duties as may be prescribed by the Mayor, the Administrative Code or other ordinance, this Charter or General Law.

 B. The Solicitor shall have the right of access to all records of the Borough and its departments and agencies necessary for the performance of the duties of his or her office.

Finance


empty

§ 41.6-608. Director of Finance.

 The Mayor shall appoint a Director of Finance, with the advice and consent of Council by the affirmative vote of at least four (4) Council Members, who shall head a Department of Finance and supervise the financial administration of the Borough, and perform such other duties as may be required by the Mayor, the Administrative Code, other ordinance or this Charter. The appointment shall be for an indefinite term, with compensation to be set by Council. The Director of Finance may be removed by the Mayor with or without cause upon thirty (30) days written notice. empty

§ 41.6-609. Qualifications.

 The Director of Finance shall have a degree from an accredited college or university in the field of finance, accounting or other related fields and/or otherwise be qualified by at least ten (10) years related experience. The Finance Director need not be a resident of the Borough at the time of appointment, but shall reside within the Borough within one (1) year from the date of appointment and reside within the Borough during the tenure in office. empty

§ 41.6-610. Duties of Office.

 The Director of Finance shall be responsible for establishing and maintaining an accounting system designed to accurately reflect the assets, liabilities, receipts and expenditures of the Borough and the collection, custody, investment and disbursement of all Borough funds. His or her duties shall include municipal finance, treasury, permits and licenses, tax collections, and such other duties as required by the Mayor, the Administrative Code, other ordinances, this Charter or General Law.

Engineering


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§ 41.6-611. Borough Engineer.

 The Mayor shall appoint a Borough Engineer, with the advice and consent of Council by the affirmative vote of at least four (4) Council Members, who shall be a professional Civil Engineer licensed in the Commonwealth of Pennsylvania. The Mayor may appoint an engineering firm to serve as Borough Engineer, provided the members therein serving the Borough meet the aforesaid qualifications. The appointment shall be for an indefinite term, with compensation to be set by Council. The Borough Engineer may be removed by the Mayor with or without cause upon thirty (30) days written notice. The Borough Engineer shall not be subject to the Residency Requirement under §  41.5-517 of this Charter, unless the Borough Engineer is also employed by the Borough in any other capacity under this Charter. empty

§ 41.6-612. Duties of Office.

 The Borough Engineer shall supervise and control all engineering matters of the Borough, including but not limited to such matters in the Department of Planning and Municipal Development and the Department of Public Works, and such other duties as may be specified or required by the Mayor, the Administrative Code, other ordinance, this Charter or General Law.

Municipal Planning


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§ 41.6-613. Director of Planning and Municipal Development.

 The Mayor shall appoint a Director of Planning and Municipal Development, with the advice and consent of Council by the affirmative vote of at least four (4) Council Members, who shall serve at the pleasure of the Mayor, and may be removed by the Mayor with or without cause upon thirty (30) days written notice. The appointment shall be for an indefinite term, with compensation to be set by Council. empty

§ 41.6-614. Qualifications.

 The Director of Planning and Municipal Development shall have a degree from an accredited college or university in a related field, and/or shall have at least five (5) years experience in planning, zoning, community renewal and related areas. The Director need not be a resident of the Borough at the time of appointment, but shall reside within the Borough within one (1) year from the date of appointment, and reside within the Borough during the tenure in office. empty

§ 41.6-615. Duties of Office.

 The Director of Planning and Municipal Development shall be responsible for Borough planning and development, zoning, comprehensive planning of the growth and the development of the Borough and such other duties as may be required by the Mayor, the Administrative Code, other ordinance, this Charter or General Law.

Public Safety


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§ 41.6-616. Director of Public Safety.

 The Mayor shall appoint a Director of Public Safety, with the advice and consent of Council, by the affirmative vote of at least four (4) Council Members, who shall serve at the pleasure of the Mayor, and who may be removed by the Mayor with or without cause upon thirty (30) days written notice. The appointment shall be for an indefinite term, with compensation to be set by Council. empty

§ 41.6-617. Qualifications

 The Director of Public Safety shall have a degree from an accredited college or university in the jurisprudence, law enforcement or other related fields, and/or shall have at least ten (10) years of such experience. The Director need not be a resident of the Borough at the time of appointment, but shall reside within the Borough within one (1) year from the date of appointment and reside within the Borough during the tenure in office. empty

§ 41.6-618. Duties of Office.

 The Director of Public Safety shall be responsible for the Police Department, the Fire Department, the Crossing Guides, health, housing, zoning and other code enforcement, and such other duties as may be required by the Mayor, the Administrative Code, other ordinance, this Charter or General Law. empty

§ 41.6-619. Police Department.

 The Borough shall have a Police Department consisting of a Chief and such other classifications, ranks, and terms of appointment, employment and compensation as are set forth in the Administrative Code or other ordinance. The Police Department and its duly appointed officers shall have the power and its duty shall be to perform the following functions:

   A. Law Enforcement. The Department shall preserve the public peace, prevent and detect crime, police the streets and highways and enforce traffic statutes, ordinances and regulations relating thereto. The Department shall at all times aid in the administration and enforcement within the borough, of the statutes of the Commonwealth of Pennsylvania, and the ordinances of the Borough, and have such other powers and duties as prescribed by the Administrative Code, other ordinances or General Law.

   B. Maintenance of the Borough Police. The Department shall train, equip, maintain, supervise and discipline the Borough Police, in accordance with the Administrative Code or other ordinance. empty

§ 41.6-620. Powers of Police.

 The duly appointed officers of the Department shall have all the powers conferred by the statutes of the Commonwealth of Pennsylvania and the ordinances of the Borough upon members of a police force of a borough under the Borough Code. They shall have the power to make lawful searches, seizures and arrests for violations, and conduct any other law enforcement duties prescribed by such statutes or ordinances in force in the Borough, and to do such other acts as may be required of them by the Administrative Code, other ordinance, this Charter or General Law. empty

§ 41.6-621. School Crossing Guides.

 The Department of Public Safety may appoint School Crossing Guides at the request of the Board of School Directors of the School District in which the Borough is located. Such guides shall be vested with all the powers of local police officers and while on duty shall be as under and subject to the direction of the Department of Public Safety. The appointment and terms of employment of School Crossing Guides shall be provided in the Administrative Code or other ordinance. empty

§ 41.6-622. Fire Department.

 The Borough shall have a Fire Department, under the full control of the Director of Public Safety. The classification, rank, terms of employment and duties of the Fire Department shall be as provided in the Administrative Code, other ordinance or General Law. empty

§ 41.6-623. Powers of the Fire Department.

 The duly appointed officers of the Fire Department shall have the power and its duty shall be to perform the following functions:

   A. Fires. The Department shall extinguish fires at any place within the limits of the Borough and, upon the request of appropriate authorities and with the authorization of the Director of Public Safety, outside the limits of the Borough.

   B. Fire Hazards and Public Safety. The Department shall administer and enforce the statutes of the Commonwealth of Pennsylvania and the ordinances and regulations of the Borough relating to fire and explosion hazards including those dealing with the manufacture, storage, sale, transportation or use of any substance or article which is or may be combustible, inflammable, or explosive, the installation of any containers of such substances or article, the installation and use of any equipment which prevents a hazard of fire or explosion, and fire escapes, emergency exits, occupancies, fire alarm system and fire extinguishing equipment in any vessel, vehicle, premises, grounds, structure, building or underground passage.

   C. Fire Prevention Programs. The Department shall institute and conduct programs of public education and fire prevention and safety.

   D. Maintenance of Firemen. The Department shall train, equip, maintain, supervise and discipline an adequate number of firemen.

Public Works


empty

§ 41.6-624. Director of Public Works.

 The Mayor shall appoint a Director of Public Works, with the advice and consent of Council, by the affirmative vote of at least four (4) Council Members who shall serve at the pleasure of the Mayor, and who may be removed by the Mayor with or without cause upon thirty (30) days written notice. The appointment shall be for an indefinite term, with compensation to be set by Council. empty

§ 41.6-625. Qualifications.

 The Director of Public Works shall have a degree from an accredited college or university in Municipal Administration, Civil Engineering or other related fields, and/or shall have had at least ten (10) years of such experience. The Director need not be a resident of the Borough at the time of appointment, but shall reside within the Borough within one (1) year from the date of the appointment and reside within the Borough during the tenure of office. empty

§ 41.6-626. Duties of Office.

 The Director of Public Works shall be responsible for streets, signs and signals, the zoo, parks and recreation, sewage treatment plant, municipal property and maintenance, solid waste disposal and such other duties as required by the Mayor, the Administrative Code, or other ordinance, this Charter or General Law.

ARTICLE VII. FINANCIAL PROCEDURES


Sec.


41.7-701.    Fiscal Year.
41.7-702.    Classification of Accounts.
41.7-703.    Financial Information.
41.7-704.    Financial Planning.
41.7-705.    Plan and Budget Content.
41.7-706.    Council Review.
41.7-707.    Budget Submission.
41.7-708.    Budget Adoption.
41.7-709.    Budget Modification.
41.7-710.    Budget Amendment.
41.7-711.    Balanced Budget.
41.7-712.    Receipts.
41.7-713.    Contracts.
41.7-714.    Disbursements.
41.7-715.    Records and Reports.
41.7-716.    Independent Audit.
41.7-717.    Bonding of Officers and Employees.
41.7-718.    Financial Limitations.

Cross References

   This article cited in 346 Pa. Code §  41.4-404 (relating to procedure for enactment); 346 Pa. Code §  41.6-604 (relating to powers and duties); and 346 Pa. Code §  41.12-1210 (relating to budget for calendar year 1986). empty

§ 41.7-701. Fiscal Year.

 The fiscal year of the Borough shall be the calendar year. However, after 1986, if not prohibited by law, Council may by ordinance adopt a different fiscal year, specifying an orderly procedure for financial and budgetary controls in making the transition to a different fiscal year. empty

§ 41.7-702. Classification of Accounts.

 The Council shall adopt in the Administrative Code or other ordinance, a uniform classification of accounts and codes to be used and followed in all financial plans, budgets and reports. empty

§ 41.7-703. Financial Information.

 The Director of Finance shall:

   A. Obtain from all officers, departments, boards and commissions and other agencies receiving appropriations from the Borough, such information necessary to enable the Director to compile for the Mayor the information necessary for the preparation and submission to Council of the annual operating budget;

   B. The information supplied shall be in a form consistent with the system of classification of accounts adopted by Council and in such format desired by the Director of Finance, and shall include in writing the reasons for such estimates of expenditures. empty

§ 41.7-704. Financial Planning.

 Four (4) months prior to the end of each fiscal year, the Mayor shall submit to Council a comprehensive financial plan for public services capital improvements and fiscal policy. Such plan shall:

   A. Reflect the policies and objectives established by Council;

   B. Cover all Borough funds and activities;

   C. Specify a total of expenditures not to exceed estimated revenues from all sources to be received in the course of normal governmental activity, excluding any extraordinary income not contracted for at the date of adoption of such plan. Available surpluses from prior years may be included with estimated revenues. empty

§ 41.7-705. Plan and Budget Content.

 Such financial plan and budget shall be in the form Council requires, by ordinance or resolution; and, as a minimum contain the following:

   A. An operating plan of revenue and expenditures for the next fiscal year to be designated as the operating budget which shall be in such detail as Council may direct.

     1. The information to be provided in such plan shall contain, as a minimum, the amounts to be appropriated for each activity in terms of personal services, contractual services, materials, supplies, equipment and additional classes as Council may prescribe.

     2. The operating budget shall show individually and in total (letting out interfund transfers) the anticipated receipts and expenditures of the Borough. In addition to the amount anticipated to be received and expended, the budget shall indicate:

       a. The actual amounts received and expended in the previous completed year and the estimated receipts and expenditures of the fiscal year currently ending;

       b. The estimated balance of each fund at the close of the fiscal year currently ending; and,

       c. Any surplus or deficit included in financing the proposed budget.

   B. An operating plan of revenue and expenditures for a period of at least four (4) additional years, individually stated to be advisory only for the purpose of long range planning. The information to be provided shall be stated in general categories only.

   C. A capital plan for the remainder of the term of the improvements proposed to be undertaken, but in no case less than five (5) fiscal years, the first year of which shall be in detail and be designated as the capital budget.

   D. A statement of debt, the amortization schedule through a time period covering the latest final maturity of any issue, schedule for all proposed debt for projects included in the capital plan. The amortization schedule shall show, both separately and inclusively, payments for interest as well as principal. empty

§ 41.7-706. Council Review.

 Council shall review the proposed financial plan with the Mayor, and others it may deem appropriate for viability, legality and compliance with the guidelines previously established. empty

§ 41.7-707. Budget Submission.

 A. Following such review and the completion of changes and not less than seventy five (75) days prior to the end of each fiscal year, the Mayor shall present to Council the proposed plans and budgets and an accompanying budget message.

 B. The Mayor’s budget message shall explain the programs to be undertaken and their financial implications. It shall describe the important features of the budget; indicate any major changes from the current year in financial policies, expenditures and revenues, together with the reasons for such changes; summarize the Borough’s position; include the tax levies necessary to produce anticipated revenues; and, include such other material as the Mayor deems desirable.

Cross References

   This section cited in 346 Pa. Code §  41.7-708 (relating to budget adoption). empty

§ 41.7-708. Budget Adoption.

 A. Advertising and Public Hearings.

   1. After the Mayor’s budget message is given to Council and after the completion of changes directed by Council to be made, Council shall cause to be published in one (1) or more newspapers of general circulation within the Borough:

     a. A general summary of the operating and capital plans;

     b. Notice of a public meeting, with the date, time and place specified at which said plans will be considered by Council; and,

     c. The times and places where copies of the plans shall be available for inspection by Borough residents.

   2. Council shall conduct a public meeting which shall follow such notice by no less than seven (7) days to receive the comments and suggestions of the Borough citizens. Such public meeting may be held at the regularly scheduled monthly Council meeting, but shall be held not later than forty five (45) days prior to the end of each fiscal year and at least three (3) days prior to the adoption of the budget.

 B. Budget Adoption.

   After the public meeting and on or before the thirtieth day prior to the end of each fiscal year, Council shall, by ordinance, with or without amendment, adopt the operating and capital budgets which shall become effective on the first day of the ensuing fiscal year, which shall constitute for the ensuing fiscal year appropriations for the amounts specified therein as expenditures from the funds indicated and shall constitute a levy of the taxes therein proposed.

 C. Failure to Adopt Budgets.

   1. If Council shall fail to adopt such budgets on or before the 30th day prior to the end of the fiscal year in which the budget is submitted, the proposed budget as submitted by the Mayor under §  41.7-707 of this Charter shall stand adopted.

   2. Funds for the proposed expenditures therein shall stand appropriated and constitute a levy of the taxes therein proposed, to the same extent as if favorable action thereon had been taken by Council.

Cross References

   This section cited in 346 Pa. Code §  41.7-709 (relating to budget modification). empty

§ 41.7-709. Budget Modification.

 In the years following a municipal election, the new Council and Mayor may, within forty five (45) days after the beginning of the fiscal year, adopt a revised operating plan and budget or capital plan and budget provided such revisions are adopted after the advertising and public hearing procedures set forth in §  41.7-708 of this Charter. empty

§ 41.7-710. Budget Amendment.

 A. At any time during the fiscal year, the Mayor may make transfers of unencumbered funds within departments and shall report such transfers promptly to Council stating the reasons for doing so and the amount of funds affected both before and after the transfer.

 B. Council may, by ordinance, amend the operating and capital budget by:

   1. Making supplemental appropriations only when the Mayor and Director of Finance state the reasons for so doing and certify there are available for such appropriations, revenues in excess of those estimated;

   2. Reducing one or more unencumbered appropriation when the Mayor and the Director of Finance have reason to believe revenues will be insufficient to meet the amounts appropriated, which facts shall be reported to Council without delay, indicating the estimated amount of the deficit, any remedial action to be taken and recommendations thereon; and,

   3. Making emergency appropriations and providing for the funding thereof in accordance with the provisions of §  41.4-409 of this Charter and General Law. empty

§ 41.7-711. Balanced Budget.

 The annual operating budget ordinance shall not become effective and the Director of Finance shall not approve any order for any expenditure thereunder until Council has balanced the budget. Not later than the passage of the annual operating budget ordinance, Council shall order such revenue measures as will yield sufficient revenue to balance the budget. empty

§ 41.7-712. Receipts.

 Collections shall be directed and supervised by the Director of Finance, who shall exercise the powers and perform the duties heretofore exercised and performed pursuant to prior law by the Tax Collector, treasurer and all other officers, departments, boards and commissions of the Borough under the Borough Code in the determination, receipt and collection of taxes, license fees and other monies due the Borough, and such other powers and duties as may be imposed or conferred upon it by the Administrative Code, other ordinance, this Charter or General Law. empty

§ 41.7-713. Contracts.

 A. The Borough may make contracts for all lawful purposes subject to the provisions of this Charter or General Law. No contract shall be made or obligation incurred unless the Director of Finance shall certify to Council and the Mayor that there is sufficient unencumbered balance in an appropriation and sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable. Any contract made in violation of this provision shall be void and any payment made therefor shall be illegal and shall be cause for removal of any officer authorizing same who shall also be liable to the Borough for any amount so paid.

 B. Council shall provide in the Administrative Code or other ordinance the procedures for letting contracts which shall not be inconsistent with this Charter or General Law and shall include at a minimum the following:

   1. All contracts of the Borough involving sums in excess of an amount from time to time established by Council, by ordinance, but not to exceed ten thousand ($10,000) dollars, shall be in writing, shall be subject to competitive bidding, and shall be executed on behalf of the Borough by the Mayor. Council may, by ordinance, authorize the Municipal Administrator to execute contracts which involve sums of less than a specific amount and which are made pursuant to budget or other prior authorization. The Mayor shall also execute all contracts regardless of amount, for the purchase, sale, lease or use of real estate. Authorization for contracts for the construction of public capital improvements shall be given by ordinance. All written contracts shall be reviewed by the Solicitor before execution.

   2. No person shall evade the competitive bidding provisions of this Charter by purchasing or contracting in multiple transactions for services or supplies when such transactions should, in the exercise of reasonable discretion and prudence, be conducted or considered as one transaction.

   3. Except as otherwise provided in this Charter, no contract for supplies, materials, labor, franchise, or other valuable consideration, to be furnished to or by the Borough, shall be authorized by the Borough, except with the lowest responsible bidder after competitive bidding.

   4. A procedure for competitive bidding to include such definitions, publication and notice requirements, deposit and bond requirements and conditions, terms, rules, regulations, waivers, rights of acceptance and rejection, and exceptions as it shall from time to time deem advisable.

   5. Competitive bidding shall not be required for:

     a. Contracts for labor or services rendered by any person in their capacity as an officer or employee of the Borough;

     b. Contracts for labor, material, supplies, or services aggregating less than the amount from time to time established by Council, by ordinance, but not to exceed $10,000 for the items in the year supplied;

     c. Contracts relating to the acquisition or use of real property;

     d. Contracts for professional or unique services or supplies;

     e. Contracts for emergency repair of public works of the Borough; or,

     f. Contracts with other governmental entities, authorities, agencies or political subdivisions.

   6. Contracts for the purchase of supplies consumed in the daily conduct of the Borough affairs may be made for a period not to exceed two years if all the following conditions are satisfied:

     a. The terms of such contracts are to the advantage of the Borough for reasons of favorable cost, material quality and continuity of supply;

     b. The provisions of subsection A of this Charter are met for the fiscal year in which such contract is made; and,

     c. Council shall, by resolution, approve the terms of the proposed contract. empty

§ 41.7-714. Disbursements.

 A. No payment shall be made or obligation incurred against any appropriation unless there is a sufficient unencumbered balance in such appropriation. No payment of any funds of the Borough shall be made except upon approval of the Municipal Administrator or his designee.

 B. Directives for payment so approved shall be certified to the Director of Finance, or any other person designated by the Mayor who, along with the Mayor shall be the dual signatories for all checks and drafts of the Borough. empty

§ 41.7-715. Records and Reports.

 A. The Director of Finance shall take appropriate measures to reasonably insure that the Mayor and Council are kept informed of any significant financial or financially related fact which could have an impact or influence on the Borough.

 B. The Director of Finance shall report on the financial operations of the Borough as Council and the Mayor direct to comply with the provisions of his Charter.

 C. The Director of Finance shall prepare financial reports at least monthly, annually and at such other times and in the form prescribed by Council in the Administrative Code, or other ordinance. empty

§ 41.7-716. Independent Audit.

 Council shall provide for an independent annual audit of all Borough revenues, expenditures, accounts and reports by a Pennsylvania Certified Public Accountant or firm of such accountants not being a Borough employee and not having any personal interest, direct or indirect, in the fiscal affairs of the Borough or any of its elected or appointed officers or employees. Council may provide for more frequent audits, as well as special audits as it deems necessary. The result of the independent audit and the financial statement of the fiscal affairs of the Borough shall be presented to Council for inclusion in the annual report to the Borough as specified in this Charter. empty

§ 41.7-717. Bonding of Officers and Employees.

 Council shall provide in the Administrative Code or other ordinance for bonding of all employees and representatives of the Borough who are involved in the handling and/or authorization of receipts, disbursements, goods and supplies. Such bonding shall be approved by the Solicitor for form and sufficiency. empty

§ 41.7-718. Financial Limitations.

 A. Until such time as the General Assembly of the Commonwealth of Pennsylvania shall provide uniform laws on the rates and subjects of taxation which apply to a municipality with a Home Rule Charter, the Borough shall be subject to the limitations on the rates and subjects of taxation which apply to boroughs under the Borough Code.

 B. Until such time as the General Assembly of the Commonwealth of Pennsylvania shall provide uniform laws on the borrowing of money by a municipality with a Home Rule Charter, the borrowing of money by the Borough shall be limited in amount and governed by the procedures in the Local Government Unit Debt Act (Act 185 of 1972) as amended or by General Law.

ARTICLE VIII. CITIZEN PROVISION


Sec.


41.8-801.    General Provisions.
41.8-802.    Participation Encouraged.
41.8-803.    Initiative and Referendum. empty

§ 41.8-801. General Provisions.

 Council and the Mayor shall protect and promote the right of the citizens of the Borough to participate in a positive and constructive manner in the government of the Borough. Any qualified citizen of the Borough may participate in the government of the Borough by:

   A. Seeking elected office as Mayor or Council Member and by voting for the elected officials of his or her choice;

   B. Serving on boards, commissions, authorities, committees or other agencies of the Borough;

   C. Attending and being heard at public meetings of Council and other boards, commissions, authorities, committees or agencies of the Borough;

   D. Addressing suggestions to the Council, the Mayor, and others to provide guidance for their actions; and,

   E. Exercising the right of initiative, referendum and recall as provided in this Charter or General Law. empty

§ 41.8-802. Participation Encouraged.

 Council and the Mayor shall appoint qualified citizens to boards, commissions, authorities or other agencies of the Borough, making the greatest possible use of the talents and interests of such citizens, thereby promoting the public interest and welfare of the Borough. empty

§ 41.8-803. Initiative and Referendum.

 A. Qualified voters of the Borough shall have the following powers:

   1. Initiative—To propose ordinances to Council which are consistent with this Charter and General Law, and to adopt or reject the same at a primary, municipal or general election if Council fails to adopt and the Mayor fails to approve an ordinance so proposed without any change in substance; and,

   2. Referendum—To require repeal by Council of any adopted ordinance prior to its effective date and, if Council fails to repeal said ordinance, to repeal it at a primary, municipal or general election.

 B. Petition papers circulated for the purpose of an initiative or referendum shall:

   1. Contain the names and addresses of five (5) qualified voters of the Borough designated as a Committee of the Petitioners;

   2. Contain or have attached thereto throughout the circulation the full text of the ordinance proposed or sought to be repealed;

   

   3. Bear the signatures and addresses in ink of qualified voters of the Borough equal in number to at least 15% of all votes cast for all candidates for Mayor in the last mayoralty election;

   4. When filed, have attached to it an affidavit executed by the circulator thereof, stating that he or she personally circulated the paper and the number of signatures thereon, that all the signatures were affixed in his or her presence, that he or she believes them to be the genuine signatures of the person whose name appears thereon, that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be repealed;

   5. In the case of a referendum petition; be filed within thirty (30) days after the final adoption of the ordinance sought to be repealed; and,

   6. Be filed with the Municipal Administrator as one instrument as provided herein.

 C. Procedure after Filing.

   1. Within twenty (20) days after the petition is filed, the Municipal Administrator shall examine the petition for compliance with the provisions of this Charter and General Law, and certify the results of his or her examination to the Committee of Petitioners and the President of Council by registered mail.

   2. If the Municipal Administrator certifies the petition as valid:

     a. The ordinance proposed shall be introduced at the next regular meeting or special meeting of Council and be subject to the other provisions of Article IV of this Charter pertaining to the enactment of ordinances, not inconsistant with the provisions of this Article.

     b. The ordinance sought to be repealed shall be immediately suspended from taking effect until:

       (1)   The referendum petition is withdrawn by the Committee of Petitioners;

       (2)   It is repealed by the vote of Council and approved by the Mayor; or,

       (3)   It is approved or disapproved by the qualified voters of the Borough, upon the certification of election results under the election laws of the Commonwealth of Pennsylvania.

   3. If the Municipal Administrator determines that the petition is invalid:

     a. He or she shall certify the results of his or her examination to the Committee of Petitioners and the President of Council by registered mail describing the particulars in which it is defective.

     b. The Committee of Petitioners shall have ten (10) days after the date of such notification to correct the said deficiencies and file the corrected petition with the Municipal Administrator.

     c. Within five (5) days after the corrected petition is filed, the Municipal Administrator shall examine the corrected petition, as aforesaid, and the procedures in the case of an original petition shall be followed.

     d. A petition may only be corrected once, but a new petition may be filed for the same purpose at any future time.

 D. Action on Petition.

   If, within sixty (60) days after the submission of a petition certified as valid by the Municipal Administrator to the President of Council, Council fails to adopt or repeal the ordinance as requested by the initiative or referendum petition, the Municipal Administrator, within ten (10) days thereafter, or the Committee of Petitioners within fifteen (15) days thereafter (if the Municipal Administrator fails to act), shall file the petition with the Board of Elections of Montgomery County, Pennsylvania to be voted upon by the qualified voters of the Borough at the next primary, municipal or general election to be held not less than sixty (60) days thereafter. An initiative or referendum election shall be held by special election as provided in the election laws of the Commonwealth of Pennsylvania.

 E. Results of Election.

   1. Initiative—If a majority of the qualified voters of the Borough voting on a proposed ordinance vote in favor thereof, such ordinance shall become a valid and binding ordinance of the Borough upon certification of election results under the election laws of the Commonwealth of Pennsylvania.

   2. Referendum—If a majority of the qualified voters of the Borough voting to repeal an ordinance vote in favor thereof, such ordinance shall be considered repealed upon certification of the election results under the election laws of the Commonwealth of Pennsylvania.

   3. Multiple Ordinances—If the provisions of two (2) or more ordinances adopted at the same election conflict, then the ordinance receiving the greatest affirmative vote shall control.

 F. Limitations on Initiative and Referendum.

   Initiative and referendum powers shall not extend to the budget or capital programs in their entirety nor to any emergency ordinance. However, such exception shall not apply to specific projects of the budget or capital program. Any proposed ordinance which requires the expenditure of Borough revenues shall provide for the funding thereof.

ARTICLE IX. RECALL


Sec.


41.9-901.    Officers Subject to Recall.
41.9-902.    Cause for Recall.
41.9-903.    Recall Petition.
41.9-904.    Notice to Council Member or the Mayor.
41.9-905.    Recall Hearing.
41.9-906.    Recall Election.
41.9-907.    Disqualification for Office. empty

§ 41.9-901. Officers Subject to Recall.

 A. The qualified voters of a district may remove from office at a recall election the Council Member representing that district for the cause and in the manner provided in this Article.

 B. The qualified voters of the Borough at large may remove from office at a recall election the Council Member representing the Borough at large or the Mayor for the cause and in the manner provided in this Article. empty

§ 41.9-902. Cause for Recall.

 A Council Member or the Mayor may be removed from office at a recall election, for cause, for the following reasons:

   1. Not having the qualifications for office prescribed by this Charter or by General Law;

   2. Violating any express prohibition of this Charter;

   3. Conviction of embezzlement of monies, bribery, perjury or other infamous crime;

   4. Failing or neglecting to perform the duties of office; or,

   5. Misbehavior in office. empty

§ 41.9-903. Recall Petition.

 A. A recall of a Council Member or Mayor shall be initiated upon petition, clearly designated as a recall petition, stating the cause for recall, and signed by:

   1. Qualified voters comprising 30% of the qualified voters of the district in the recall of that district’s Council Member; or,

   2. Qualified voters comprising 30% of the qualified voters of the Borough at large in the recall of a Council Member at large or the Mayor.

 B. Each qualified voter signing a recall petition shall state his or her residence, election district, and date of signing. Signatures on a recall petition may be on separate sheets, but each sheet shall have appended to it the affidavit of the circulator thereof, not necessarily a signer of the petition, that to the best of the affiant’s knowledge and belief, the persons whose signatures appear on the sheet are qualified voters of the district or of the Borough at large, as the case may be, that they signed with full knowledge of the contents of the petition, and that their residences are correctly given.

 C. A recall petition shall be filed with the Municipal Administrator. Upon filing, the petition shall be available for examination by any interested person. Within fifteen (15) days after filing of the petition, the Municipal Administrator shall pass upon the sufficiency of the petition having the requisite validity and number of signatures required thereon, but not the cause stated therein. No signature shall be counted as valid which is dated more than sixty (60) days prior to the date the petition is tendered for filing. The decision of the Municipal Administrator shall be subject to review by the Court of Common Pleas of Montgomery County, Pennsylvania, on appeal filed within thirty (30) days of the date of the decision of the Municipal Administrator by the Council Member or Mayor named in the petition or any other interested party. empty

§ 41.9-904. Notice to Council Member or the Mayor.

 If the Municipal Administrator or a court of competent jurisdiction certifies the petition is sufficient, the Municipal Administrator shall, within ten (10) days thereafter, notify the Council Member or Mayor named in the petition and all other Council Members, by registered mail, that the petition has been filed and determined sufficient. The said Council Member or Mayor may resign from office and thereupon the recall proceedings shall terminate. empty

§ 41.9-905. Recall Hearing.

 A. If the said Council Member or Mayor does not resign from office within thirty (30) days of the date of the decision of the Municipal Administrator or a court of competent jurisdication determining the petition as sufficient:

   1. Council shall, within sixty (60) days of the date of the said decision, hold a public hearing and decide thereat by resolution whether the Council Member or Mayor shall be removed from office at a recall election for the cause set forth in said petition. The Council Member named shall not be eligible to vote on such resolution.

   2. Notice of such public hearing with the purpose, date, time and place thereof shall be advertised at least once in one (1) or more newspapers of general circulation in the Borough not more than thirty (30) days or less than ten (10) days prior to the hearing. Council shall cause such notice to be sent by registered mail to the named Council Member or Mayor not less than ten (10) days prior to the hearing. The Council Member or Mayor named in the petition, and other interested parties, shall be given an opportunity to testify at such public hearing.

   3. Within ten (10) days following the completion of the recall hearing, Council shall, by the affirmative vote of a majority of the remaining Council Members, render its written decision as to whether or not the cause set forth in the petition has been demonstrated and proven. Copies of the written decision shall be mailed to the Council Member or Mayor named in the petition and to other interested parties who file a written request thereof during the hearing, within forty eight (48) hours of the date of said decision. The decision of Council shall be subject to review by the Court of Common Pleas of Montgomery County, Pennsylvania, on appeal filed within thirty (30) days of the date of the said decision by the Council Member or Mayor named in the petition or any other interested party. empty

§ 41.9-906. Recall Election.

 A. If the cause set forth in the petition has not been demonstrated and proven, a recall election shall not be held. If the named Council Member or Mayor does not resign from office within thirty (30) days of the date of the decision of Council or a court of competent jurisdiction determining that the cause set forth in the petition has been demonstrated and proven, Council shall direct the Board of Elections of Montgomery County, Pennsylvania to schedule a recall election. The recall question shall be placed before the qualified voters of the district or the Borough at large, as the case may be, at the next primary, municipal or general election to be held not less than thirty (30) days nor more than one hundred and sixty (160) days after the aforesaid thirty (30) day period has expired. A recall election shall be held by special election as provided in the election laws of the Commonwealth of Pennsylvania. The named Council Member or Mayor may resign at any time prior to the recall election and thereupon the election shall not be held.

 B. The question to be presented to each qualified voter in the recall election shall be: ‘‘Shall (name of Council Member or Mayor) be recalled and removed from the office of (Council Member from the


Council district, Council Member at large, or Mayor) for cause demonstrated and proven?’’ A provision shall be made for the qualified voters to vote ‘‘Yes’’ or ‘‘No’’ on the question. If a majority of the qualified voters who vote on the question shall vote ‘‘Yes’’, the Council Member or Mayor shall be deemed recalled and removed from office. Otherwise, the elected official shall remain in office. The effective date of the removal from office shall be seven (7) days after the date of certification of the election results under the election laws of the Commonwealth of Pennsylvania. empty

§ 41.9-907. Disqualification for Office.

 No person who has been removed from office by recall election or who has resigned from office after a recall petition directed to him has been filed, shall be eligible for appointment to fill a vacancy in the Office of Council Member or Mayor for a period of four (4) years after his or her removal or resignation.

ARTICLE X. CODE OF ETHICS


Sec.


41.10-1001.     Declaration of Policy.
41.10-1002.     Prohibitions.
41.10-1003.     Political Activity.
41.10-1004.     Violations. empty

§ 41.10-1001. Declaration of Policy.

 The proper operation of a representative government requires that public officials and employees be independent, impartial and responsible to the people; and, that governmental decisions and policies be made in the best interests of the people and the Borough. In recognition of these goals, the following Code of Ethics shall apply to all Borough elected and appointed officials and employees of the Borough, whether compensated or uncompensated, including members of authorities, agencies, boards and commissions of the Borough or those in which the Borough participates with other political subdivisions of the Commonwealth of Pennsylvania. empty

§ 41.10-1002. Prohibitions.

 A. The following activities shall be prohibited in the operation of the government of the Borough:

   1. No person shall, in his or her employment by the Borough in any capacity, or appointment to any board, authority, commission or agency, or removal therefrom, be favored or discriminated against because of age, race, sex, political or religious opinions or affiliations;

   2. No person who seeks appointment on any Borough board, authority, commission or agency or employment by the Borough in any capacity shall, directly or indirectly, give or pay any money, service or other consideration to any person in connection with such appointment or employment;

   3. No elected or appointed official of the Borough, or employee thereof, shall:

     a. Engage in or accept private employment or render services for private interests when such employment or service is in conflict with or prevents the proper discharge of his or her official duties;

     b. Engage in any activity or take any action by virtues of an official position from which activity or action the official or employee, or any other person or entity in whose welfare the official or employee is interested, shall realize a gain or advantage, or receive anything which could be regarded as a gain or advantage, except such gain or advantage generally realized by the citizens of the Borough as the purposeful result of such activity or action;

     c. Solicit or accept, directly or indirectly, any gift, favor, service, or other consideration that might reasonably tend to influence that official or employee in the discharge of the duties of his or her office;

     d. Seek to influence, directly or indirectly, the awarding of any contract where such official, or employee, or other person or entity in whose welfare the official or employee is interested, would benefit directly or indirectly, financially or otherwise, from said contract, except such benefits generally realized by the citizens of the Borough as the purposeful result of such contract;

     e. Solicit, accept or receive by virtue of his or her office, directly or indirectly, from any person or entity, any service or franchise right upon terms more favorable than is granted to the citizens of the Borough generally;

     f. Give or promise, directly or indirectly, to any person any office, position, employment, benefit or anything of value for the purpose of influencing or obtaining the political support, and or vote of any person, except where such benefit is generally realized by the citizens of the Borough; and,

     g. Use any public property for personal benefit or profit, except as may be authorized by Council in the Administrative Code or other ordinance.

 B. Any elected or appointed official of the Borough, or employee thereof, who has or by the exercise of reasonable diligence should know that he or she has any direct or indirect financial interest with any person or other entity proposing to contract with the Borough shall fully disclose said interest and, except where such interest is minimal stock holdings in a public corporation, shall not participate in the discussion or vote on said contract. Violation of this section shall render the contract voidable.

Cross References

   This section cited in 346 Pa. Code §  41.5-504 (relating to acting mayor). empty

§ 41.10-1003. Political Activity.

 A. Employees of the Borough shall not campaign directly or indirectly for any candidate seeking a Borough office, shall not participate directly or indirectly in fund raising activities for candidates for Borough office or elected Borough officials, and shall not participate directly or indirectly in any other political activity of the Borough.

 B. An employee of the Borough shall resign from such employment within ten (10) days of the date he or she becomes a candidate for any elected office of the Borough under this Charter and the election laws of the Commonwealth of Pennsylvania.

 C. A Council Member or the Mayor shall resign from office within ten (10) days of the date he or she becomes a candidate for any other elected office of the Borough, the County of Montgomery, the Commonwealth of Pennsylvania, or the United States of America under the election laws of the Commonwealth of Pennsylvania or the United States of America.

 D. Persons appointed to authorities boards, agencies, commission or committees of the Borough shall resign from such appointed positions within ten (10) days of the date that he or she becomes a candidate for any elected office of the Borough under this Charter and the election laws of the Commonwealth of Pennsylvania. empty

§ 41.10-1004. Violations.

 Violations of the provisions of this Article of this Charter shall constitute malfeasance or misbehavior in office which, except as otherwise provided for by General Law, shall be a summary offense punishable by the maximum fine and/or imprisonment established by General Law. Conviction shall result in forfeiture of office or termination of employment and any person so convicted shall thereafter be ineligible to hold elective or appointed office or employment in the government of the Borough.

ARTICLE XI. GENERAL PROVISIONS


Sec.


41.11-1101.     Effective Date.
41.11-1102.     Gender.
41.11-1103.     Consistent Laws.
41.11-1104.     Amendment.
41.11-1105.     Severability. empty

§ 41.11-1101. Effective Date.

 This Charter shall become effective on the first Monday of January 1986, except for the transitional provisions of Article XII of this Charter which shall become effective upon certification of the adoption of this Charter under the election laws of the Commonwealth of Pennsylvania. empty

§ 41.11-1102. Gender.

 Words used in the masculine gender shall include the feminine all places in this Charter. empty

§ 41.11-1103. Consistent Laws.

 Whenever reference is made to this Charter to the Administrative Code or ordinance, the provisions of such Administrative Code or ordinance shall not be inconsistent with the provisions of this Charter. empty

§ 41.11-1104. Amendment.

 Amendments to this Charter shall be made in accordance with the provisions of Act 62 of 1972 of the General Assembly of Pennsylvania, as amended, or as otherwise provided by General Law. empty

§ 41.11-1105. Severability.

 If any provision or part thereof of this Charter is held invalid or unconstitutional, the remaining provisions and parts thereof of this Charter shall not be affected thereby. If the application of this Charter, its provisions or parts thereof, to any persons or circumstances is held invalid or unconstitutional, the applications of this Charter and said provisions or parts thereof to other persons or circumstances shall not be affected thereby.

ARTICLE XII. TRANSITIONAL PROVISIONS


Sec.


41.12-1201.     Transitional Provisions.
41.12-1202.     Council Districts.
41.12-1203.     Council Members.
41.12-1204.     Mayor.
41.12-1205.     Tax Collector.
41.12-1206.     Rights and Privileges Preserved.
41.12-1207.     Departments, Boards, Agencies, Authorities and Commissions.
41.12-1208.     Pending Matters.
41.12-1209.     Transition Committee.
41.12-1210.     Budget for Calendar Year 1986.

Cross References

   This article cited in 346 Pa. Code §  41.11-1101 (relating to effective date). empty

§ 41.12-1201. Transitional Provisions.

 The orderly transition from the present government with its form and powers derived from the Borough Code to the new government as prescribed by this Charter shall be effected according to the provisions of this Article of this Charter. empty

§ 41.12-1202. Council Districts.

 The initial Council Districts of the Borough shall be as follows:

   A. 1st Council District.

     Beginning at a point, a corner, at the intersection of the middle of Beech Street with the middle of Stanbridge Street; thence proceeding along the middle of Stanbridge Street in a Southwesterly direction to the middle of the Schuylkill River, on the Southerly boundary line; thence proceeding along the middle of the Schuylkill River, along the Southerly boundary line of the Borough, in a Westerly direction to its intersection with the Easterly boundary of West Norriton Township; thence leaving the Schuylkill and proceeding in a Northeasterly direction along the Easterly boundary line of West Norriton Township to a point in the middle of Jackson Avenue; thence along the middle of Jackson Avenue in a Northwesterly direction to a point in the middle of Forest Avenue; thence proceeding along the middle of Forest Avenue, along the Easterly boundary of West Norriton Township, to Stergiere Street, and continuing across Stergiere Street along the same direction to the middle of Johnson Highway projected, being the Southerly boundary of East Norriton Township; thence proceeding in an Easterly direction along the Southerly boundary line of East Norriton Township to the middle of Stony Creek; thence along the middle of Stony Creek along various courses and distances in a Southerly direction, to the intersection of the middle of West Elm Street with the middle of Markley Street; thence leaving Stony Creek and proceeding in a Westerly direction along the middle of West Elm Street to the middle of Haws Avenue; thence proceeding in a Northeasterly direction along the middle of Haws Avenue to the middle of Beech Street; thence proceeding along the middle of Beech Street in a westerly direction to its intersection with the middle of Stanbridge Street, the point of beginning.

   B. 2nd Council District

     Beginning at a point, a corner, at the intersection of the middle of Beech Street with the middle of Stanbridge Street; thence proceeding along the middle of Beech Street in a Southeasterly direction to the middle of Haws Avenue; thence proceeding in a Southwesterly direction along the middle of Haws Avenue to the middle of West Elm Street; thence proceeding along the middle of West Elm Street in an Easterly direction to the middle of Swede Street; thence proceeding in a Southerly direction along the middle of Swede Street to the middle of Jacoby Street; thence proceeding along the middle of Jacoby Street; thence proceeding along the middle of Jacoby Street in an Easterly direction to the middle of Green Street; thence proceeding in a Southerly direction along the middle of Green Street to the middle of Oak Street; thence proceeding in an Easterly direction along the middle of Oak Street to the middle of Arch Street; thence proceeding in a Southerly direction along the middle of Arch Street to the Southerly boundary of the Borough in the middle of the Schuylkill River; thence proceeding in a Westerly direction along the middle of the Schuylkill River the various courses and distances to the middle of Stanbridge Street projected; thence proceeding in a Northerly direction along the middle of Stanbridge Street to the middle of Beech Street, the point of the beginning.

   C. 3rd Council District.

     Beginning at a point, a corner, at the intersection of the middle of West Elm Street with the middle of Markley Street; thence proceeding in a Northerly direction along the middle of Stony Creek the various courses and distances to the middle of Johnson Highway projected, being the Southerly boundary of East Norriton Township; thence proceeding in an Easterly direction along the middle of Johnson Highway projected and along the middle of Johnson Highway to the middle of Arch Street, thence proceeding in a Southwesterly direction along the middle of Arch Street to the middle of Oak Street; thence proceeding in a Westerly direction along the middle of Oak Street to the middle of Green Street; thence proceeding in a Northerly direction along the middle of Green Street to the middle of Jacoby Street; thence proceeding in a Westerly direction along the middle of Jacoby Street to the middle of Swede Street; thence proceeding in a Northerly direction along the middle of Swede Street to the middle of Elm Street; thence proceeding in a Westerly direction along the middle of Elm Street to the middle of Markley Street the point of beginning.

   D. 4th Council District.

     Beginning at a point, a corner, at the intersection of the middle of Arch Street with the middle of Johnson Highway; thence proceeding in an Easterly direction along the middle of Johnson Highway to a point in the middle of New Hope Street; thence proceeding in a Southerly direction along the Westerly boundary line of Plymouth Township crossing various streets, and proceeding to the middle of the Schuylkill River, the Southerly boundary of the Borough; thence proceeding in a Westerly direction along the middle of the Schuylkill River to the middle of Arch Street projected; thence proceeding in a Northerly direction along the middle of Arch Street to Johnson Highway, the point of beginning. empty

§ 41.12-1203. Council Members.

 A. All Council Members in office at the time of the adoption of this Charter shall continue in office for the remainder of the term for which they were elected and shall serve the Borough as Council Members at large. Any vacancies in such offices after the effective date of this Charter shall not be filled. Such Council Members shall exercise all powers and duties required of Council Members under this Charter.

 B. At the municipal election in the year 1985:

   1. Three (3) Council Members at large shall be elected, with the two (2) Council Members receiving the largest number of votes serving terms of four (4) years, and the remaining Council Member at large serving a term of two (2) years; and,

   2. Four (4) District Council Members shall be elected, with the Council Members from the 1st and 3rd Council Districts serving terms of four (4) years, and the Council Members from the 2nd and 4th Districts serving terms of two (2) years.

   3. The Council Members serving two (2) year terms under this subsection shall not be subject to the limitation on consecutive terms under §  41.3-305 D of this Charter, until after the completion of the aforesaid two (2) year terms.

 C. At the municipal election in the year 1987 and in each applicable municipal election thereafter, Council Members at large and District Council Members to be elected shall serve terms of four (4) years.

 D. From and after the effective date of this Charter, whenever there are more than seven (7) Council Members to accommodate hold over offices, then:

   1. Action by Council under this Charter requiring the affirmative vote of at least four (4) Council Members shall be approved upon the affirmative vote of the majority of all Council Members in office at that time; and,

   2. Action by Council under this Charter requiring the affirmative vote of at least five (5) Council Members shall be approved upon the affirmative vote of the majority of all Council Members plus one (1) in office at that time. empty

§ 41.12-1204. Mayor.

 A. The Mayor in office at the time of the adoption of this Charter shall continue in office for the remainder of the term for which he was elected.

 B. At the municipal election in the year 1985 and in each applicable municipal election year thereafter, the Mayor shall be elected to serve a term of four (4) years. empty

§ 41.12-1205. Tax Collector.

 A. The Tax Collector in office at the time of adoption of this Charter shall continue in office for the remainder of the term to which he was elected and shall continue to perform the functions of his office as previously provided by law. Upon the death, resignation, removal from office or expiration of the term of such Tax Collector, no successor shall be appointed or elected and his function shall be as provided in this Charter and in the Administrative Code, or other ordinance.

 B. At the municipal election in the year 1985, no Tax Collector shall be elected. empty

§ 41.12-1206. Rights and Privileges Preserved.

 The rights and privileges of employees of the Borough on the date of the adoption of this Charter shall not be impaired or affected unless said rights or privileges are inconsistent with this Charter. An employee holding a position in the Borough government on the effective date of this Charter, which same or similar position is continued after the effective date of this Charter, shall not be subject to competitive testing as a condition of continuation in that same or similar position, but in all other respects shall be subject to the personnel system set forth in this Charter and in the Administrative Code. empty

§ 41.12-1207. Departments, Boards, Agencies, Authorities and Commissions.

 A. From and after the effective date of this Charter, the organization of the departments, boards, agencies, authorities, commissions and committees of the government of the Borough shall be as set forth in this Charter and in the Administrative Code.

 B. It is the intent of this Charter that qualified employees of the Borough be reappointed to the same or similar positions consistent with this Charter and the Administrative Code.

 C. All appointed members of boards, commissions, authorities or other agencies and committees of the Borough shall continue in office with the same or similar bodies for the balance of the term of their original appointment.

 D. Nothing in this section shall be construed to limit the right of Council to create, modify, or abolish boards, commissions, authorities, and other agencies and committees as provided in §  41.5-512 of this Charter. empty

§ 41.12-1208. Pending Matters.

 All actions and proceedings of the Borough which are pending upon the effective date of this Charter shall be maintained, continued or dealt with, and shall be the responsibility of the officer, department, employee, board, commission, authority, agency or committee appropriate under this Charter and the Administrative Code. empty

§ 41.12-1209. Transition Committee.

 A. In order to establish an orderly procedure for transition from the old to the new form of government provided by this Charter, and to ensure that all necessary action is taken in order that this Charter be fully operational on its effective date, Council shall, by the majority vote of the existing members of Council, within thirty (30) days after the adoption of this Charter appoint a Transition Committee of nine (9) members comprised of two (2) Council Members, four (4) members from the Government Study Commission elected in 1983, the Borough Manager, and two (2) other qualified voters of the Borough as the Council shall select to draft the Administrative Code, rules, ordinances and regulations, required by this Charter. The Transition Committee members shall serve without compensation.

 B. Not less than forty five (45) days prior to the effective date of this Charter, the Council shall meet with the Transition Committee to review and prepare the final drafts of said Code, rules, regulations and ordinance. All proposed ordinances shall be advertised at least once in one (1) or more newspapers of general circulation in the Borough not more than thirty (30) days nor less than ten (10) days before the organizational meeting of the new Council in January, 1986. At said organizational meeting, the Council shall adopt the Administrative Code and related rules, regulations and ordinances which shall become effective on adoption. The ordinances proposed by the Transition Committee and accepted by Council, shall not be subject to veto by the Mayor. empty

§ 41.12-1210. Budget for Calendar Year 1986.

 The Council in office in 1985, shall cause the budgets for 1986 to be prepared in accordance with the financial procedures set forth in Article VII of this Charter. The Transition Committee may assist Council in preparing the budget for 1986.



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