SUBCHAPTER C

AMENDMENT OF EXISTING CHARTER OR OPTIONAL PLAN

 

Sec.

2941.  Procedure for amendment of charter or optional plan.

2942.  Initiation of amendment by electors or council.

2943.  Petition for referendum or ordinance proposing amendment.

2944.  Time and manner of submission of question.

 

Cross References.  Subchapter C is referred to in section 735.1 of this title.

§ 2941.  Procedure for amendment of charter or optional plan.

(a)  Procedure.--The procedure for amending a home rule charter or optional plan of government shall be through the initiative procedure and referendum or ordinance of the governing body as provided for in this subpart.

(b)  Changes in method of election.--Changes in the method of election of a municipal governing body from at-large elections to elections by district, maintain at-large elections or a combination of at-large elections and elections by district may be implemented by amending a home rule charter or optional plan without creation of a government study commission.

(c)  Conflict in the question.--If two or more questions appear on the ballot at the same election and such questions are in conflict and more than one receives the approval of the voters, the question which receives the largest number of affirmative votes shall prevail over the others.

(d)  Initial apportionment.--If the referendum on the question results in the approval by the voters to amend the home rule charter or optional plan to provide for the election of the governing body either by districts or partially by districts and partially at large or in a change in the number of members of the governing body, the initial apportionment of the districts shall be made as follows:

(1)  Except as provided in paragraph (2), by an apportionment commission consisting of seven members, all of whom shall reside in the municipality. Two members of the apportionment commission shall be appointed by the mayor. Two members of the apportionment commission shall be appointed by the governing body, one shall be appointed by the mayor from a list of at least three qualified persons recommended by the municipal committee of the political party whose mayoral candidate received the highest number of votes cast in the most recent mayoral election and one shall be appointed by the mayor from a list of at least three qualified persons recommended by the municipal committee of the political party whose mayoral candidate received the second highest votes in the most recent mayoral election. The seventh member of the commission shall be elected at large by a majority vote of the other six members and shall serve as chairperson of the commission.

(2)  At the option of a municipality with a mayor, or for a municipality without a mayor, the initial apportionment shall be made by the members of the governing body of the municipality consistent with section 903 (relating to reapportionment by governing body).

(e)  Subsequent apportionment.--For any municipality, including a municipality with a mayor, a subsequent apportionment shall be under Chapter 9 (relating to municipal reapportionment).

(Oct. 30, 2017, P.L.1140, No.53, eff. 60 days)

 

2017 Amendment.  Act 53 amended subsec. (d) and added subsec. (e).