HOUSE AMENDED
        PRIOR PRINTER'S NOS. 809, 1527, 1549,          PRINTER'S NO. 1690
        1619

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 752 Session of 1971


        INTRODUCED BY MAHADY, REIBMAN, W. E. FLEMING, FRAME AND
           MURPHY, MAY 25, 1971

        AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
           MARCH 14, 1972

                                     AN ACT

     1  Relating to home rule charters for municipalities.                <--
     2  GIVING MUNICIPALITIES THE RIGHT AND POWER TO ADOPT HOME RULE      <--
     3     CHARTERS OR ONE OF SEVERAL OPTIONAL PLANS OF GOVERNMENT AND
     4     TO EXERCISE THE POWERS AND AUTHORITY OF LOCAL SELF-GOVERNMENT
     5     SUBJECT TO CERTAIN RESTRICTIONS AND LIMITATIONS; PROVIDING
     6     PROCEDURES FOR SUCH ADOPTION AND DEFINING THE EFFECT THEREOF.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9                             ARTICLE I                              <--
    10                    SHORT TITLE AND DEFINITIONS
    11     Section 101.  Short Title.--This act shall be known and may
    12  be cited as the "Municipal Home Rule Charter Act."
    13     Section 102.  Definitions.--As used in this act:
    14     (1)  "Home rule" means that relationship between a
    15  municipality and the Commonwealth, wherein the municipality
    16  shall enjoy the fullest authority to determine the form,
    17  organization, procedures and process of its government, subject
    18  only to limitations imposed by the Constitution, by general law


     1  or by its charter.
     2     (2)  "Home rule charter" means a written document, adopted by
     3  the people through referendum, constituting the inhabitants of
     4  the municipality a body politic and corporate, defining the
     5  powers, class of municipality and the structure, privileges,
     6  rights and duties of the municipal government and limitations
     7  thereon. The charter shall also provide for the composition and
     8  election of the governing body as established therein and not
     9  limited to the definition in clause (4) of this section, which
    10  in all cases shall be chosen by popular election.
    11     (3)  "Municipality" means a county, city, borough,
    12  incorporated town or township.
    13     (4)  "Governing body" means a board of county commissioners,
    14  city council and mayor, borough or incorporated town council and
    15  mayor, commissioners of a township of the first class, and
    16  supervisors of a township of the second class, as defined in
    17  existing law.
    18     (5)  "Electors" means the registered voters of a
    19  municipality.
    20     (6)  "Home Rule Charter Commission" means the body composed
    21  of electors of the municipality elected under the provisions of
    22  this act.
    23     (7)  "Election officials" means the county boards of
    24  elections, except in Philadelphia, where "election officials"
    25  shall be the city board of elections.
    26                             ARTICLE II
    27                   MUNICIPAL REFERENDUM ORDINANCE
    28     Section 201.  Referendum Ordinance.--The governing body of a
    29  municipality may, by ordinance, provide for a referendum on the
    30  question of framing of a home rule charter.
    19710S0752B1690                  - 2 -

     1     Section 202.  Filing of Referendum Ordinance.--(a) The
     2  referendum ordinance shall be filed with the election officials
     3  at least ninety days prior to the next primary or general
     4  election.
     5     (b)  When the ordinance is filed with the election officials,
     6  copies of the referendum ordinance shall be immediately filed
     7  with the Secretary of Community Affairs.
     8     Section 203.  Notice to Governing Body of Referendum Date.--
     9  The election officials shall notify the governing body of the
    10  municipality of the date set for the referendum election on the
    11  proposal at least thirty days before the election.
    12                            ARTICLE III
    13                             INITIATIVE
    14     Section 301.  Proposal by Electors.--A referendum on the
    15  question of framing of a home rule charter may be initiated by
    16  electors of the municipality.
    17     Section 302.  Initiative Petition; Filing.--A petition
    18  containing a proposal for referendum on the question of framing
    19  a home rule charter signed by electors comprising five per cent
    20  of the number of electors voting for the office of Governor in
    21  the last gubernatorial general election may be filed with the
    22  election officials at least ninety days prior to the next
    23  primary or general election.
    24     The name and address of the person filing the petition shall
    25  be clearly stated on the petition.
    26     Section 303.  Review of Initiative Petition.--The election
    27  officials shall, within ten days after filing, review the
    28  initiative petition as to the number and qualification of
    29  signers. If the petition appears to be defective, the election
    30  officials shall immediately notify the person filing the
    19710S0752B1690                  - 3 -

     1  petition of the defect.
     2     Section 304.  Petition as Public Record.--The initiative
     3  petition as submitted to the election officials along with the
     4  list of signatories shall be open to public inspection in the
     5  office of the election officials.
     6     Section 305.  Distribution of Petition.--When the election
     7  officials find that the petition as submitted is in proper
     8  order, they shall send copies of the initiative petition without
     9  the signatures thereon to the governing body of the municipality
    10  and to the Secretary of Community Affairs.
    11                             ARTICLE IV
    12                             REFERENDUM
    13     Section 401.  Referendum; Procedure.--(a) A referendum on the
    14  question of the framing of a home rule charter shall be held
    15  when authorized by ordinance of the governing body of a
    16  municipality in accordance with Article II of this act, or when
    17  initiated by electors of the municipality in accordance with
    18  Article III of this act.
    19     (b)  The procedure for the referendum shall be governed by
    20  the act of June 3, 1937 (P.L.1333), known as the "Pennsylvania
    21  Election Code."
    22      Section 402.  Placing Question on Ballot.--When the election
    23  officials find that the ordinance authorized by the governing
    24  body of the municipality, or the initative petition as submitted
    25  by the electors meets the requirements of this act, they shall
    26  place the proposal on the ballot in a manner fairly representing
    27  the content of the ordinance or of the initiative petition for
    28  decision by referendum at the proper election.
    29     Section 403.  Date of Election.--The election officials shall
    30  certify the date for the referendum, and shall so notify the
    19710S0752B1690                  - 4 -

     1  governing body of the municipality at least thirty days prior to
     2  such date.
     3     Section 404.  Public Notice of Referendum.--At least thirty
     4  days' notice of the referendum shall be given by proclamation of
     5  the mayor of the city, borough, or incorporated town, or of the
     6  chairman of the board of county commissioners, the president of
     7  the board of township commissioners, or of the chairman of the
     8  board of township supervisors, as the case may be. A copy of
     9  such proclamation shall be posted at each polling place of the
    10  municipality on the day of the election, and shall be published
    11  once in at least one newspaper of general circulation in the
    12  municipality during the thirty-day period prior to the election.
    13     Section 405.  Limits of Referenda.--(a) A referendum on the
    14  question of framing or repeal of a home rule charter shall not
    15  be submitted to the electors more often than once in five years.
    16     (b)  When an initiative petition or referendum ordinance is
    17  filed, the election officials shall ascertain that the question
    18  has not been submitted to the electors within a period of five
    19  years before the next primary or general election. The five-year
    20  period shall not be computed by exact dates but by years
    21  elapsing between primary or general elections. If it is found
    22  that such an initiative or ordinance was so submitted, they
    23  shall notify the person who filed the petition or the governing
    24  body, and refuse to place the question on the ballot.
    25     Section 406.  Results of Election.--The election officials
    26  shall certify the result of the referendum to the governing
    27  body.
    28                             ARTICLE V
    29              ELECTION OF HOME RULE CHARTER COMMISSION
    30     Section 501.  Election of Commission.--(a) If a referendum
    19710S0752B1690                  - 5 -

     1  for the framing of a home rule charter is approved by a majority
     2  of votes of the electors voting thereon, the governing body
     3  shall within thirty days of certification of the result of the
     4  referendum election submit to the election officials a petition
     5  to provide for the election of a Home Rule Charter Commission.
     6     (b)  The petition shall designate the number of members, not
     7  less than five, or more than fifteen, to be elected on the Home
     8  Rule Charter Commission.
     9     (c)  The election shall be held at the next primary or
    10  general election not less than ninety days from the date of the
    11  referendum.
    12     Section 502.  Nomination of Candidates.--Candidates for
    13  membership on the Home Rule Charter Commission shall be electors
    14  of the municipality. Each shall be nominated by nomination
    15  papers signed by one thousand registered electors of the
    16  municipality or by a number of electors equal to at least two
    17  per cent of the largest vote cast for any elected officer of the
    18  municipality elected at the last preceding municipal election,
    19  whichever is lesser. Their nomination shall be in the manner
    20  provided by and subject to the provisions of the act of June 3,
    21  1937 (P.L.1333), known as the "Pennsylvania Election Code,"
    22  which relate to the nomination of candidates nominated by
    23  nomination papers filed by political bodies for other offices
    24  elected by the voters of the municipality, except that
    25  candidates shall be nominated and listed without political
    26  designation or slogan. Nomination papers shall not be circulated
    27  prior to thirty days before the last day on which such papers
    28  shall be filed, and shall be filed with the election officials
    29  not less than forty-four days prior to the date of the election.
    30     Section 503.  Election Returns.--The result of the votes cast
    19710S0752B1690                  - 6 -

     1  for members of the Home Rule Charter Commission shall be
     2  returned by the election officials to the governing body and to
     3  the Secretary of Community Affairs.
     4     Section 504.  Membership of Commission.--The candidates
     5  receiving the greatest number of votes shall be elected, and
     6  shall constitute the Home Rule Charter Commission.
     7     If two or more candidates shall be equal and greatest in
     8  number of votes, they shall draw lots to determine which one
     9  shall be elected.
    10                             ARTICLE VI
    11                ORGANIZATION AND DUTIES OF HOME RULE
    12                         CHARTER COMMISSION
    13     Section 601.  Organization of Commission.--No later than
    14  fifteen days after the certification of election of a majority
    15  of the members, the Home Rule Charter Commission shall organize
    16  and hold its first meeting. It shall elect one of its members as
    17  chairman, and another one as secretary. It shall adopt such
    18  rules for the conduct of its business as it may deem advisable.
    19     A majority of the members of the Home Rule Charter Commission
    20  shall constitute a quorum for the transaction of business; but,
    21  no recommendation of said commission shall have any legal effect
    22  unless adopted by a majority of the total number of members of
    23  the commission.
    24     A vacancy in the Home Rule Charter Commission shall be filled
    25  by an elector appointed by the remaining members of the
    26  commission.
    27     From all appropriations made to it by the governing body of
    28  the municipality and privately contributed funds and services
    29  made available to it, the Home Rule Charter Commission may
    30  appoint consulting, clerical and other assistants to serve at
    19710S0752B1690                  - 7 -

     1  its pleasure, and may fix a reasonable compensation for such
     2  services.
     3     Prior to discharge, the Home Rule Charter Commission shall
     4  file an account signed by all members under oath with the
     5  prothonotary of the county covering the period of commission
     6  services showing (i) sources and amounts of appropriations and
     7  contributions from all sources, including services rendered and
     8  (ii) all expenses.
     9     The members of the Home Rule Charter Commission shall serve
    10  without compensation, but may be reimbursed by the municipality
    11  for their necessary expenses incurred in the performance of
    12  their duties and as allocated by the governing body.
    13     All necessary or proper expenses of the Home Rule Charter
    14  Commission shall be paid by the municipality.
    15     Section 602.  Duties.--It shall be the duty of the Home Rule
    16  Charter Commission (i) to study the government of the
    17  municipality, (ii) to compare it with the government of other
    18  municipalities, including other forms of government, and (iii)
    19  to draw up a proposed home rule charter within one year from the
    20  date of its election or recommend an optional form of government
    21  pursuant to legislation enacted by the General Assembly in
    22  accordance with the provisions of article nine, section three of
    23  the Constitution of Pennsylvania.
    24     Section 603.  Public Hearings.--The Charter Commission shall
    25  hold one or more public hearings, may sponsor public forums, and
    26  generally shall provide for the widest possible public
    27  information and discussion respecting the purposes and progress
    28  of its work.
    29     Section 604.  Proposed Charter.--The Home Rule Charter
    30  Commission shall publish or cause to be published sufficient
    19710S0752B1690                  - 8 -

     1  copies of the proposed home rule charter for public study and
     2  information, and shall deliver to the governing body of the
     3  municipality sufficient copies of the proposed home rule charter
     4  to supply it to any interested citizen or body of citizens upon
     5  request. It shall also file copies of the proposed home rule
     6  charter with the Secretary of Community Affairs.
     7     Section 605.  Submission of Charter to Electors.--The Home
     8  Rule Charter Commission shall certify to the election officials
     9  the question of adopting the proposed home rule charter that
    10  shall be submitted to the electorate of the municipality at the
    11  next primary or general election. The Home Rule Charter
    12  Commission shall frame the question to be placed on the ballot,
    13  and, if it deems proper, an interpretative statement to
    14  accompany such question.
    15     Section 606.  Discharge of Commission.--The Home Rule Charter
    16  Commission shall be discharged by the governing body of the
    17  municipality upon the filing of the proposed home rule charter
    18  question with the election officials.
    19                            ARTICLE VII
    20                 ADOPTION, AMENDMENT AND REPEAL OF
    21                        A HOME RULE CHARTER
    22     Section 701.  Effective Date of Charter.--Whenever the
    23  electors of any municipality, by a majority vote of those voting
    24  on the question, vote in favor of adopting the proposed home
    25  rule charter at any election held for that purpose, such
    26  municipality shall be governed under the provisions of the
    27  adopted home rule charter from the first Monday of January
    28  following the next succeeding municipal election held at least
    29  ninety days after the election at which the home rule charter
    30  was adopted.
    19710S0752B1690                  - 9 -

     1     Section 702.  Election of Municipal Officials.--The elective
     2  officials of the municipality required by the adopted home rule
     3  charter shall be elected at the first municipal election held at
     4  least ninety days after the referendum election at which the
     5  home rule charter was adopted.
     6     Section 703.  Terms of Incumbent Officials.--All elective
     7  officials of the municipality in office at the time of the
     8  adoption of a home rule charter shall continue in office until
     9  the home rule charter shall go into effect.
    10     Section 704.  Amendment of a Charter.--(a) Amendment of a
    11  home rule charter shall be by referendum. A proposal to amend
    12  shall be submitted to the electorate in accordance with
    13  provision for a referendum for the framing of a home rule
    14  charter contained in Articles II or III and in Article IV of
    15  this act, except for section 405.
    16     (b)  A referendum on the question of amendment of a home rule
    17  charter shall not be submitted to the electorate more often than
    18  once in one year.
    19     (c)  The effective date of amendment shall be as provided in
    20  section 701 of this act for the effective date of a home rule
    21  charter if it affects a term of office, otherwise on the
    22  effective date stated therein.
    23     Section 705.  Minimum Duration of Charter.--The electors of
    24  any municipality which have adopted a home rule charter under
    25  the provisions of this act shall not vote on the repeal of a
    26  home rule charter or adoption of another form of government for
    27  five years after the adopted home rule charter has taken effect.
    28     Section 706.  Repeal of a Charter.--The procedure for a
    29  referendum on the question of repealing a home rule charter
    30  shall be as provided in Articles II or III and in Article IV of
    19710S0752B1690                 - 10 -

     1  this act. The ordinance or initiative petition shall set forth
     2  the form of government the municipality shall be governed under
     3  in the event the home rule charter shall be repealed.
     4     Section 707.  Form of Government after Repeal.--Whenever the
     5  electors of any municipality, by a majority vote of those voting
     6  on the question, vote in favor of repeal of a home rule charter
     7  and the establishment of a particular form of government, such
     8  municipality shall be governed under the form of government
     9  selected by the electors, from the first Monday of January
    10  following the municipal election at which the elective officials
    11  of the form of government selected by the electors shall have
    12  been elected.
    13     Section 708.  Election of Officials after Repeal.--The
    14  elective officials of the municipality establishing a form of
    15  government selected by the electors shall be elected at the
    16  first municipal election held after the referendum on the repeal
    17  of a home rule charter and the establishment of a particular
    18  form of government.
    19                            ARTICLE VIII
    20                      HOME RULE CHARTER POWERS
    21                          AND LIMITATIONS
    22     Section 801.  Municipal Powers.--A municipality which has
    23  adopted a home rule charter may exercise any power and perform
    24  any function not denied by the Constitution of Pennsylvania, by
    25  its home rule charter or by the General Assembly at any time.
    26  All grants of municipal power to municipalities governed by a
    27  home rule charter under this act, whether in the form of
    28  specific enumeration or general terms, shall be liberally
    29  construed in favor of the municipality.
    30     Section 802.  Powers of a County Adopting a Home Rule
    19710S0752B1690                 - 11 -

     1  Charter.--No county which has adopted a home rule charter shall
     2  at any time thereafter exercise within any municipality in the
     3  county, a power or function being exercised by that municipality
     4  on the date of the adoption of the county home rule charter or
     5  which may be subsequently included in a local municipality
     6  adopting a home rule charter, except under all of the following
     7  conditions:
     8     (1)  The exercise of such power or function by the county
     9  shall be authorized by ordinance of the governing body of the
    10  county, which ordinance in addition to such other filings as may
    11  be required by law, shall, within thirty days of its enactment,
    12  be filed with the clerk or secretary of each municipality within
    13  the county.
    14     (2)  The transfer of a power or function to the county from
    15  any municipality within the county, as authorized by such
    16  ordinance, shall not become effective for at least one year from
    17  the date of adoption of such ordinance.
    18     (3)  Within ninety days from the adoption of such ordinance,
    19  the governing body of any municipality, exercising on the date
    20  of the adoption of the county home rule charter any power or
    21  function authorized by ordinance of the county to be exercised
    22  by the county, may elect by ordinance to be excluded from the
    23  county exercise of such power or function. Within sixty days
    24  after the date of adoption by the governing body of a
    25  municipality of an ordinance excluding such municipality from
    26  the exercise by the county of a power or function, the qualified
    27  voters of such municipality may initiate a petition requiring
    28  that the question of exclusion from the exercise of such power
    29  or function by the county be submitted to a referendum of the
    30  qualified voters of the municipality at a special election to be
    19710S0752B1690                 - 12 -

     1  held on the date of the next ensuing primary, municipal or
     2  general election not less than sixty days after the filing of
     3  the initiative petition with the county board of elections. The
     4  initiative and referendum procedures set forth in Articles III
     5  and IV shall be followed, except where the same may be
     6  inconsistent with any of the provisions of this section.
     7     (4)  No tax or fee levied by the governing body of a county
     8  in support of the exercise of a power or function as authorized
     9  by ordinance of the county, shall be applicable in any
    10  municipality within the county which, as provided in clause (3)
    11  of section 802, has determined to be excluded from the exercise
    12  of such power or function by the county.
    13     (5)  If the electors of a municipality by referendum, as
    14  provided in clause (3) of section 802, vote to exclude the
    15  municipality from the exercise of a power or function by the
    16  county, a petition may not be initiated nor may a referendum be
    17  held on the same question more often than every two years
    18  thereafter.
    19     (6)  The manner in which a municipality may withdraw from a
    20  power or function provided in the home rule charter adopted by a
    21  county shall be determined in the ordinance adopted by the
    22  county or set forth in the county home rule charter.
    23     Section 803.  Limits on Powers.--(a) The home rule charter
    24  adopted in accordance with the provisions of this act shall not
    25  give any power or authority to the municipality contrary to, or
    26  in limitation or enlargement of powers granted by acts of the
    27  General Assembly which are applicable to a class or classes of
    28  municipalities on the following subjects:
    29     (1)  The filing and collection of municipal and tax claims or
    30  liens and the sale of real or personal property in satisfaction
    19710S0752B1690                 - 13 -

     1  thereof.
     2     (2)  The procedures in the exercise of the power of eminent
     3  domain.
     4     (3)  The assessment of damages and benefits for property
     5  taken, injured or destroyed.
     6     (4)  Boundary changes of municipalities.
     7     (5)  Regulation of public schools.
     8     (6)  The registration of electors and the conduct of
     9  elections.
    10     (7)  The fixing of rates and subjects of taxation.
    11     (8)  The assessment of real or personal property and persons
    12  for taxation purposes.
    13     (9)  Defining or providing for the punishment of any felony
    14  or misdemeanor.
    15     (10)  The requirements placed upon businesses, occupations
    16  and employers to withhold, remit or report taxes or penalties
    17  levied or imposed upon them or upon persons in their employment.
    18     (11)  The regulation or licensing of any business, industry,
    19  occupation or profession.
    20     (b)  No municipality shall (i) engage in any private business
    21  except as authorized by the General Assembly, (ii) exercise
    22  powers contrary to, or in limitation or enlargement of powers
    23  granted by acts of the General Assembly which are applicable in
    24  every part of the Commonwealth, or which by their expressed
    25  terms are applicable to all municipalities, or classes of
    26  municipalities expressly including home rule charter
    27  municipalities, (iii) be given the power to diminish the rights
    28  or privileges of any present municipal employe in his pension or
    29  retirement system, nor (iv) enact or promulgate any statute or
    30  regulation with respect to definitions, sanitation, safety,
    19710S0752B1690                 - 14 -

     1  health, standards of identity or labelling pertaining to the
     2  manufacture, processing, storage, distribution and sale of any
     3  foods, goods or services subject to any Commonwealth laws or
     4  regulations unless such municipal statute or regulation is
     5  uniform in all respects with such Commonwealth laws and
     6  regulations.
     7     (c)  No municipality shall enact any provision inconsistent
     8  with any statute heretofore or hereinafter enacted by the
     9  General Assembly affecting the rights, benefits or working
    10  conditions of any employe of a political subdivision of the
    11  Commonwealth.
    12                             ARTICLE IX
    13                     REPEALS AND EFFECTIVE DATE
    14     Section 901.  Repeals.--All acts and parts of acts, general,
    15  local and special, are repealed in so far as they are
    16  inconsistent herewith.
    17     Section 902.  Effective Date.--This act shall take effect
    18  immediately.
    19                             ARTICLE I                              <--
    20                       PRELIMINARY PROVISION
    21     SECTION 101.  THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE
    22  "HOME RULE CHARTER AND OPTIONAL PLANS LAW."
    23     SECTION 102.  AS USED IN THIS ACT:
    24      "GOVERNMENT STUDY COMMISSION" OR "COMMISSION" MEANS THE BODY
    25  COMPOSED OF ELECTORS OF THE MUNICIPALITY ELECTED UNDER THE
    26  PROVISIONS OF THIS ACT.
    27      "COUNCILMAN" MEANS COUNTY COMMISSIONER, CITY COUNCILMAN,
    28  BOROUGH COUNCILMAN, TOWN COUNCILMAN, TOWNSHIP COMMISSIONER IN A
    29  TOWNSHIP OF THE FIRST CLASS, AND SUPERVISOR IN A TOWNSHIP OF THE
    30  SECOND CLASS.
    19710S0752B1690                 - 15 -

     1      "ELECTION OFFICIALS" MEANS THE COUNTY BOARDS OF ELECTIONS.
     2      "ELECTORS" MEANS THE REGISTERED VOTERS OF ANY MUNICIPALITY
     3  INVOLVED IN PROCEEDINGS RELATING TO THE ADOPTION AND REPEAL OF
     4  OPTIONAL FORMS OF GOVERNMENT.
     5      "GOVERNING BODY" OR "MUNICIPAL COUNCIL" OR "COUNCIL" MEANS
     6  BOARDS OF COUNTY COMMISSIONERS, CITY COUNCILS, BOROUGH OR
     7  INCORPORATED TOWN COUNCILS, COMMISSIONERS OF TOWNSHIPS OF THE
     8  FIRST CLASS, AND SUPERVISORS OF TOWNSHIPS OF THE SECOND CLASS.
     9      "HOME RULE CHARTER" MEANS A WRITTEN DOCUMENT DEFINING THE
    10  POWERS, THE STRUCTURE, PRIVILEGES, RIGHTS AND DUTIES OF THE
    11  MUNICIPAL GOVERNMENT AND LIMITATIONS THEREON. THE CHARTER SHALL
    12  ALSO PROVIDE FOR THE COMPOSITION AND ELECTION OF THE GOVERNING
    13  BODY, WHICH IN ALL CASES SHALL BE CHOSEN BY POPULAR ELECTIONS.
    14     "LOCAL MUNICIPALITY" MEANS A CITY, BOROUGH, INCORPORATED TOWN
    15  OR TOWNSHIP.
    16      "MUNICIPALITY" MEANS A COUNTY, CITY, BOROUGH, INCORPORATED
    17  TOWN OR TOWNSHIP.
    18      "OPTIONAL FORMS" MEANS A GENERAL DESCRIPTION INCLUDING BOTH
    19  HOME RULE CHARTERS AND OPTIONAL PLANS.
    20      "OPTIONAL PLANS" MEANS OPTIONAL MUNICIPAL POWERS, PROCEDURES
    21  AND ADMINISTRATIVE STRUCTURES AS PROVIDED BY THIS ACT.
    22                             ARTICLE II
    23           PROCEDURE FOR ADOPTION OF A HOME RULE CHARTER
    24                   OR OPTIONAL PLAN OF GOVERNMENT
    25                  A.  GOVERNMENT STUDY COMMISSION
    26     SECTION 201.  (A) WHENEVER AUTHORIZED BY ORDINANCE OF THE
    27  GOVERNING BODY, OR UPON PETITION OF THE REGISTERED VOTERS OF ANY
    28  MUNICIPALITY TO THE COUNTY BOARD OF ELECTORS OF THE COUNTY
    29  WHEREIN THE MUNICIPALITY IS LOCATED, AN ELECTION SHALL BE HELD
    30  IN THE MUNICIPALITY UPON ONE OF THE FOLLOWING QUESTIONS:
    19710S0752B1690                 - 16 -

     1     (1)  "SHALL A GOVERNMENT STUDY COMMISSION OF (SEVEN, NINE OR
     2  ELEVEN) BE ELECTED TO STUDY THE CHARTER AND FORM OF GOVERNMENT
     3  OF THE MUNICIPALITY, TO STUDY AND CONSIDER THE ADVISABILITY OF
     4  ADOPTION OF AN OPTIONAL FORM OF GOVERNMENT AND TO RECOMMEND
     5  WHETHER OR NOT AN OPTIONAL PLAN OF GOVERNMENT SHOULD BE
     6  ADOPTED."
     7     (2)  "SHALL A GOVERNMENT STUDY COMMISSION OF (SEVEN, NINE OR
     8  ELEVEN) BE ELECTED TO STUDY THE CHARTER AND FORM OF GOVERNMENT
     9  OF THE MUNICIPALITY, TO STUDY AND DRAFT A HOME RULE CHARTER AND
    10  TO RECOMMEND WHETHER OR NOT A HOME RULE CHARTER SHOULD BE
    11  ADOPTED."
    12     (3)  "SHALL A GOVERNMENT STUDY COMMISSION OF (SEVEN, NINE OR
    13  ELEVEN) BE ELECTED TO STUDY THE CHARTER AND PLAN OF GOVERNMENT
    14  OF THE MUNICIPALITY, TO STUDY AND CONSIDER THE ADVISABILITY OF
    15  ADOPTION OF AN OPTIONAL PLAN OF GOVERNMENT OR A HOME RULE
    16  CHARTER AND TO RECOMMEND WHETHER OR NOT AN OPTIONAL FORM OF
    17  GOVERNMENT OR A HOME RULE CHARTER SHOULD BE ADOPTED."
    18     THE PETITION CALLING FOR SUCH ELECTION SHALL BE IN THE FORM
    19  REQUIRED BY SUBSECTION (B) HEREOF, AND SHALL BE SIGNED BY
    20  ELECTORS OF THE MUNICIPALITY COMPRISING TWO FIVE PER CENT OF THE  <--
    21  NUMBER OF ELECTORS VOTING FOR THE OFFICE OF GOVERNOR IN THE LAST
    22  GUBERNATORIAL GENERAL ELECTION WITHIN THE MUNICIPALITY. BUT NOT   <--
    23  LESS THAN TWENTY-FIVE ELECTORS, OR IF THE NUMBER OF ELECTORS SO
    24  VOTING IS LESS THAN FIFTY, THEN NOT LESS THAN A MAJORITY OF THE
    25  ELECTORS SO VOTING.
    26     WITHIN FIVE DAYS AFTER THE FINAL ENACTMENT OF AN ORDINANCE
    27  AUTHORIZING SUCH ELECTION, THE MUNICIPAL CLERK OR SECRETARY
    28  SHALL FILE A CERTIFIED COPY OF THE ORDINANCE WITH THE COUNTY
    29  BOARD OF ELECTIONS, TOGETHER WITH A COPY OF THE QUESTION TO BE
    30  SUBMITTED TO THE ELECTORS. AT THE NEXT MUNICIPAL OR GENERAL OR
    19710S0752B1690                 - 17 -

     1  PRIMARY ELECTION OCCURRING NOT LESS THAN SIXTY DAYS AFTER THE
     2  FILING OF THE ORDINANCE OR THE PETITION WITH THE COUNTY ELECTION
     3  BOARD, IT SHALL CAUSE THE APPROPRIATE QUESTION ABOVE STATED TO
     4  BE SUBMITTED TO THE ELECTORS OF THE MUNICIPALITY AS OTHER
     5  QUESTIONS ARE SUBMITTED UNDER THE PROVISIONS OF THE PENNSYLVANIA
     6  ELECTION CODE.
     7     (B)  A PETITION UNDER THIS SECTION SHALL BE FILED AT LEAST
     8  SIXTY-FOUR DAYS PRIOR TO THE MUNICIPAL OR GENERAL ELECTION, AND
     9  THE PETITION AND THE PROCEEDINGS THEREIN SHALL BE IN THE MANNER
    10  AND SUBJECT TO THE PROVISIONS OF THE ELECTION LAWS WHICH RELATE
    11  TO THE SIGNING, FILING AND ADJUDICATION OF NOMINATION PETITIONS
    12  IN SO FAR AS SUCH PROVISIONS ARE APPLICABLE, EXCEPT THAT NO
    13  PETITION SHALL BE SIGNED OR CIRCULATED PRIOR TO SIXTY DAYS
    14  BEFORE THE LAST DAY ON WHICH SUCH PETITION MAY BE FILED.
    15     SECTION 202.  A GOVERNMENTAL STUDY COMMISSION OF SEVEN, NINE
    16  OR ELEVEN MEMBERS AS DESIGNATED IN THE QUESTION SHALL BE ELECTED
    17  BY THE QUALIFIED VOTERS AT THE SAME ELECTION THE QUESTION IS
    18  SUBMITTED TO THE ELECTORS. CANDIDATES FOR THE OFFICE OF
    19  GOVERNMENT STUDY COMMISSIONER SHALL BE NOMINATED AND PLACED UPON
    20  THE BALLOT CONTAINING THE QUESTION IN THE MANNER PROVIDED BY AND
    21  SUBJECT TO THE PROVISIONS OF THE PENNSYLVANIA ELECTION CODE
    22  WHICH RELATE TO THE NOMINATION OF CANDIDATES NOMINATED BY
    23  NOMINATION PAPERS FILED FOR OTHER OFFICES ELECTIVE BY THE VOTERS
    24  OF A MUNICIPALITY, EXCEPT THAT THEY SHALL BE NOMINATED AND
    25  LISTED WITHOUT ANY POLITICAL DESIGNATION OR SLOGAN, AND, NO
    26  NOMINATION PAPER SHALL BE SIGNED OR CIRCULATED PRIOR TO SIXTY
    27  DAYS BEFORE THE LAST DAY ON WHICH PAPERS MAY BE FILED. EACH
    28  VOTER SHALL BE INSTRUCTED TO VOTE ON THE QUESTION AND,
    29  REGARDLESS OF THE MANNER OF HIS VOTE ON THE QUESTION, TO VOTE
    30  FOR THE DESIGNATED NUMBER OF MEMBERS OF A GOVERNMENT STUDY
    19710S0752B1690                 - 18 -

     1  COMMISSION WHO SHALL SERVE IF THE QUESTION IS OR HAS BEEN
     2  DETERMINED IN THE AFFIRMATIVE.
     3     SECTION 203.  (A) CANDIDATES FOR THE GOVERNMENT STUDY
     4  COMMISSION SHALL BE REGISTERED VOTERS OF THE MUNICIPALITY. THEY
     5  MAY BE NOMINATED BY NOMINATION PAPERS SIGNED BY A NUMBER OF
     6  QUALIFIED ELECTORS OF THE MUNICIPALITY EQUAL AT LEAST TO TWO PER
     7  CENT OF THE LARGEST ENTIRE VOTE CAST FOR ANY MUNICIPAL OFFICER
     8  ELECTED AT THE LAST PRECEDING MUNICIPAL ELECTION IN THE
     9  MUNICIPALITY OR TWO HUNDRED REGISTERED VOTERS WHICHEVER IS LESS
    10  AND FILED WITH THE COUNTY BOARD OF ELECTIONS NOT LESS THAN
    11  FORTY-FOUR DAYS PRIOR TO THE DATE OF THE ELECTION.
    12     (B)  EACH NOMINATING PAPER SHALL SET FORTH THE NAMES, PLACES
    13  OF RESIDENCE, AND POST OFFICE ADDRESSES OF THE CANDIDATE OR
    14  CANDIDATES THEREBY NOMINATED, THAT THE NOMINATION IS FOR THE
    15  OFFICE OF GOVERNMENT STUDY COMMISSIONER, AND THAT THE SIGNERS
    16  ARE LEGALLY QUALIFIED TO VOTE FOR SUCH CANDIDATE OR CANDIDATES.
    17  EVERY VOTER SIGNING A NOMINATING PAPER SHALL ADD TO HIS
    18  SIGNATURE HIS PLACE OF RESIDENCE, POST OFFICE ADDRESS AND STREET
    19  NUMBER, IF ANY. NO VOTER SHALL SIGN A NOMINATION PAPER OR PAPERS
    20  FOR MORE THAN THE DESIGNATED NUMBER OF CANDIDATES.
    21     (C)  EACH NOMINATING PAPER SHALL, BEFORE IT MAY BE FILED WITH
    22  THE COUNTY BOARD OF ELECTIONS, CONTAIN AN ACCEPTANCE OF SUCH
    23  NOMINATION IN WRITING, SIGNED BY THE CANDIDATE OR CANDIDATES
    24  THEREIN NOMINATED, UPON OR ANNEXED TO SUCH PAPER, OR IF THE SAME
    25  PERSON OR PERSONS BE NAMED IN MORE THAN ONE PAPER, UPON OR
    26  ANNEXED TO ONE OF SUCH PAPERS. SUCH ACCEPTANCE SHALL CERTIFY
    27  THAT THE CANDIDATE IS A REGISTERED VOTER OF THE MUNICIPALITY,
    28  THAT THE NOMINEE CONSENTS TO STAND AS A CANDIDATE AT THE
    29  ELECTION, AND THAT IF ELECTED HE AGREES TO TAKE OFFICE AND
    30  SERVE.
    19710S0752B1690                 - 19 -

     1     (D)  EACH NOMINATING PAPER SHALL BE VERIFIED BY AN OATH OR
     2  AFFIRMATION OF ONE OR MORE OF THE SIGNERS THEREOF, TAKEN AND
     3  SUBSCRIBED BEFORE A PERSON QUALIFIED UNDER THE LAWS OF
     4  PENNSYLVANIA TO ADMINISTER AN OATH, TO THE EFFECT THAT THE PAPER
     5  WAS SIGNED BY EACH OF THE SIGNERS THEREOF IN HIS PROPER
     6  HANDWRITING, THAT THE SIGNERS ARE, TO THE BEST KNOWLEDGE AND
     7  BELIEF OF THE AFFIANT, REGISTERED VOTERS OF THE MUNICIPALITY,
     8  AND THAT THE NOMINATION PAPER IS PREPARED AND FILED IN GOOD
     9  FAITH FOR THE SOLE PURPOSE OF ENDORSING THE PERSON OR PERSONS
    10  NAMED THEREIN FOR ELECTION AS STATED IN THE PAPER.
    11     SECTION 204.  THE RESULT OF THE VOTES CAST FOR AND AGAINST
    12  THE QUESTION AS TO THE ELECTION OF A GOVERNMENT STUDY COMMISSION
    13  SHALL BE RETURNED BY THE ELECTION OFFICERS, AND A CANVASS OF
    14  SUCH ELECTION HAD, AS IS PROVIDED BY LAW IN THE CASE OF OTHER
    15  PUBLIC QUESTIONS PUT TO THE VOTERS OF A SINGLE MUNICIPALITY. THE
    16  VOTES CAST FOR MEMBERS OF THE COMMISSION SHALL BE COUNTED, AND
    17  THE RESULT THEREOF RETURNED BY THE ELECTION OFFICERS, AND A
    18  CANVASS OF SUCH ELECTION HAD, AS IS PROVIDED BY LAW IN THE CASE
    19  OF ELECTION OF MEMBERS OF MUNICIPAL COUNCIL OR BOARD. THE
    20  DESIGNATED NUMBER OF CANDIDATES RECEIVING THE GREATEST NUMBER OF
    21  VOTES SHALL BE ELECTED AND SHALL CONSTITUTE THE COMMISSION:
    22  PROVIDED, THAT IF A MAJORITY OF THOSE VOTING ON SAID QUESTION
    23  SHALL VOTE AGAINST THE ELECTION OF A COMMISSION, NONE OF THE
    24  CANDIDATES SHALL BE ELECTED. IF TWO OR MORE CANDIDATES FOR THE
    25  LAST SEAT SHALL BE EQUAL IN NUMBER OF VOTES, THEY SHALL DRAW
    26  LOTS TO DETERMINE WHICH ONE SHALL BE ELECTED.
    27     SECTION 205.  AS SOON AS POSSIBLE AND IN ANY EVENT NO LATER
    28  THAN FIFTEEN DAYS AFTER ITS CERTIFICATION OF ELECTION, THE
    29  GOVERNMENT STUDY COMMISSION SHALL ORGANIZE AND HOLD ITS FIRST
    30  MEETING AND ELECT ONE OF ITS MEMBERS AS CHAIRMAN, ANOTHER MEMBER
    19710S0752B1690                 - 20 -

     1  AS VICE CHAIRMAN, FIX ITS HOURS AND PLACE OF MEETING, AND ADOPT
     2  SUCH RULES FOR THE CONDUCT OF ITS BUSINESS AS IT MAY DEEM
     3  NECESSARY AND ADVISABLE. A MAJORITY OF THE MEMBERS OF SAID
     4  COMMISSION SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF
     5  BUSINESS, BUT NO RECOMMENDATION OF SAID COMMISSION SHALL HAVE
     6  ANY LEGAL EFFECT UNLESS ADOPTED BY A MAJORITY OF THE WHOLE
     7  NUMBER OF THE MEMBERS OF THE COMMISSION.
     8     SECTION 206.  IN CASE OF ANY VACANCY IN THE GOVERNMENT STUDY
     9  COMMISSION, THE REMAINING MEMBERS OF SUCH COMMISSION SHALL FILL
    10  IT BY APPOINTING THERETO SOME OTHER PROPERLY QUALIFIED ELECTOR.
    11     SECTION 207.  IT SHALL BE THE FUNCTION AND DUTY OF THE
    12  GOVERNMENT STUDY COMMISSION TO STUDY THE FORM OF GOVERNMENT OF
    13  THE MUNICIPALITY, TO COMPARE IT WITH OTHER AVAILABLE FORMS UNDER
    14  THE LAWS OF THIS STATE, TO DETERMINE WHETHER OR NOT IN ITS
    15  JUDGMENT THE GOVERNMENT OF THE MUNICIPALITY COULD BE
    16  STRENGTHENED, MADE MORE CLEARLY RESPONSIBLE OR ACCOUNTABLE TO
    17  THE PEOPLE, OR WHETHER ITS OPERATION COULD BECOME MORE
    18  ECONOMICAL OR EFFICIENT UNDER A CHANGED FORM OF GOVERNMENT.
    19     SECTION 208.  MEMBERS OF THE GOVERNMENT STUDY COMMISSION
    20  SHALL SERVE WITHOUT COMPENSATION, BUT SHALL BE REIMBURSED BY THE
    21  MUNICIPALITY FOR THEIR NECESSARY EXPENSES INCURRED IN THE
    22  PERFORMANCE OF THEIR DUTIES. COUNCIL SHALL APPROPRIATE MONEYS
    23  NECESSARY FOR SUCH PURPOSE.
    24     WITHIN THE LIMITS OF SUCH APPROPRIATIONS AND OTHER PUBLIC AND
    25  PRIVATELY CONTRIBUTED FUNDS AND SERVICES AS SHALL BE MADE
    26  AVAILABLE TO IT, THE COMMISSION MAY APPOINT ONE OR MORE
    27  CONSULTANTS AND CLERICAL AND OTHER ASSISTANTS TO SERVE AT THE
    28  PLEASURE OF THE COMMISSION AND MAY FIX A REASONABLE COMPENSATION
    29  TO BE PAID SUCH CONSULTANTS AND CLERICAL AND OTHER ASSISTANTS.
    30     SECTION 209.  THE GOVERNMENT STUDY COMMISSION SHALL HOLD ONE
    19710S0752B1690                 - 21 -

     1  OR MORE PUBLIC HEARINGS, MAY HOLD PRIVATE HEARINGS AND SPONSOR
     2  PUBLIC FORUMS, AND GENERALLY SHALL PROVIDE FOR THE WIDEST
     3  POSSIBLE PUBLIC INFORMATION AND DISCUSSION RESPECTING THE
     4  PURPOSES AND PROGRESS OF ITS WORK.
     5     SECTION 210.  (A) THE GOVERNMENT STUDY COMMISSION SHALL
     6  REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE CITIZENS OF THE
     7  MUNICIPALITY WITHIN NINE CALENDAR MONTHS FROM THE DATE OF ITS
     8  ELECTION EXCEPT THAT IT SHALL BE PERMITTED AN ADDITIONAL THREE
     9  MONTHS IF IT ELECTS TO PREPARE AND SUBMIT A PROPOSED HOME RULE
    10  CHARTER. IT SHALL PUBLISH OR CAUSE TO BE PUBLISHED SUFFICIENT
    11  COPIES OF ITS FINAL REPORT FOR PUBLIC STUDY AND INFORMATION, AND
    12  SHALL DELIVER TO THE MUNICIPAL CLERK OR SECRETARY SUFFICIENT
    13  COPIES OF THE REPORT TO SUPPLY IT TO ANY INTERESTED CITIZEN UPON
    14  REQUEST. IF THE COMMISSION SHALL RECOMMEND THE ADOPTION OF A
    15  HOME RULE CHARTER OR ANY OF THE OPTIONAL PLANS OF GOVERNMENT AS
    16  AUTHORIZED IN THIS ACT, THE REPORT SHALL CONTAIN THE COMPLETE
    17  PLANS AS RECOMMENDED.
    18     (B)  THERE SHALL BE ATTACHED TO EACH COPY OF THE REPORT OF     <--
    19  THE COMMISSION, AS A PART THEREOF, A STATEMENT SWORN TO BY THE
    20  MEMBERS OF THE COMMISSION LISTING IN DETAIL THE FUNDS, GOODS,
    21  MATERIALS AND SERVICES, BOTH PUBLIC AND PRIVATE, USED BY THE
    22  COMMISSION IN THE PERFORMANCE OF ITS WORK AND THE PREPARATION
    23  AND FILING OF THE REPORT. IN ADDITION, THE LIST SHALL IDENTIFY
    24  SPECIFICALLY THE SUPPLIER OF EACH ITEM THEREON.
    25     (B) (C)  A COPY OF THE FINAL REPORT OF THE COMMISSION WITH     <--
    26  ITS FINDINGS AND RECOMMENDATIONS SHALL BE FILED WITH THE
    27  DEPARTMENT OF COMMUNITY AFFAIRS.
    28     SECTION 211.  (A) THE GOVERNMENT STUDY COMMISSION SHALL BE
    29  DISCHARGED UPON THE FILING OF ITS REPORT: PROVIDED, THAT IF THE
    30  COMMISSION'S RECOMMENDATIONS REQUIRE FURTHER PROCEDURE ON THE
    19710S0752B1690                 - 22 -

     1  PART OF THE MUNICIPAL COUNCIL OR BOARD OR THE PEOPLE OF THE
     2  MUNICIPALITY, THE COMMISSION SHALL NOT BE DISCHARGED UNTIL A
     3  COPY OF THE REPORT HAS BEEN CERTIFIED TO THE COUNTY BOARD OF
     4  ELECTIONS. ANY TIME BEFORE SUCH PROCEDURE HAS BEEN FINALLY
     5  CONCLUDED BUT NOT LATER THAN ONE YEAR FROM THE DATE OF THE
     6  PUBLICATION OF ITS FINAL REPORT, THE COMMISSION MAY MODIFY OR
     7  CHANGE ANY RECOMMENDATION SET FORTH IN SAID FINAL REPORT BY
     8  PUBLISHING AN AMENDED REPORT.
     9     (B)  WHENEVER A COMMISSION ISSUES AN AMENDED REPORT PURSUANT
    10  TO SUBSECTION (A) ABOVE, SUCH AMENDED REPORT SHALL SUPERSEDE THE
    11  FINAL REPORT AND SUCH FINAL REPORT SHALL CEASE TO HAVE ANY LEGAL
    12  EFFECT UNDER THIS ACT.
    13     (C)  THE PROCEDURE TO BE TAKEN UNDER THE AMENDED REPORT SHALL
    14  BE GOVERNED BY ALL PROVISIONS OF ARTICLE II OF THIS ACT
    15  APPLICABLE TO THE FINAL REPORT OF A COMMISSION SUBMITTED
    16  PURSUANT TO SECTION 210 OF THIS ACT.
    17     SECTION 212.  THE GOVERNMENT STUDY COMMISSION SHALL REPORT
    18  AND RECOMMEND IN ACCORDANCE WITH THE QUESTION PRESENTED TO THE
    19  ELECTORATE AS PROVIDED IN SECTION 201:
    20     (1)  THAT A REFERENDUM SHALL BE HELD TO SUBMIT TO THE
    21  QUALIFIED VOTERS OF THE MUNICIPALITY THE QUESTION OF ADOPTING
    22  ONE OF THE OPTIONAL PLANS OF GOVERNMENT AUTHORIZED BY THIS ACT
    23  TO BE SPECIFIED BY THE COMMISSION; OR
    24     (2)  THAT A REFERENDUM SHALL BE HELD TO SUBMIT TO THE
    25  QUALIFIED VOTERS OF THE MUNICIPALITY THE QUESTION OF ADOPTING A
    26  HOME RULE CHARTER AS PREPARED BY THE COMMISSION AND AS
    27  AUTHORIZED BY THIS ACT; OR
    28     (3)  THAT THE FORM OF GOVERNMENT OF THE MUNICIPALITY SHALL
    29  REMAIN UNCHANGED; OR
    30     (4)  SUCH OTHER ACTION AS IT MAY DEEM ADVISABLE CONSISTENT
    19710S0752B1690                 - 23 -

     1  WITH ITS FUNCTIONS AS SET FORTH IN THIS ARTICLE.
     2     SECTION 213.  (A) IF THE GOVERNMENT STUDY COMMISSION REPORT,
     3  SHALL RECOMMEND THE AMENDMENT OF ANY OF THE OPTIONAL PLANS OF
     4  GOVERNMENT SET FORTH IN THIS ACT, EXCEPT THE OPTIONAL COUNTY
     5  PLAN PROVIDED IN ARTICLE X, THE REPORT OF THE COMMISSION MAY
     6  SPECIFY THAT (I) THE MUNICIPAL COUNCIL SHALL CONSIST OF FIVE,
     7  SEVEN OR NINE MEMBERS (EXCEPT THAT UNDER THE SMALL MUNICIPALITY
     8  PLAN AS PROVIDED FOR IN ARTICLE IX, AND UNDER THE OPTIONAL
     9  COUNTY PLAN AS PROVIDED IN ARTICLE X, THE NUMBER OF COUNCILMEN
    10  SHALL BE AS PROVIDED IN SECTION 911 AND SECTION 1002,
    11  RESPECTIVELY); AND (II) THE TREASURER, WHERE SUCH OFFICE IS
    12  PROVIDED, SHALL BE ELECTED BY THE VOTERS.
    13     IF A COMMISSION REPORT, INITIATIVE PETITION OR ORDINANCE
    14  SHALL RECOMMEND ANY OPTIONAL PLAN, EXCEPT FOR THE OPTIONAL
    15  COUNTY PLAN SET FORTH IN ARTICLE X, IT MAY SPECIFY THAT THE THEN
    16  EXISTING BASIS FOR ELECTING COUNCILMEN SHALL BE CHANGED TO AN
    17  AT-LARGE, DISTRICT, OR COMBINATION AT-LARGE AND DISTRICT BASIS.
    18     IF A COMMISSION REPORT, INITIATIVE PETITION OR ORDINANCE
    19  SHALL RECOMMEND THE ADOPTION OF THE COUNCIL-MANAGER FORM OF
    20  GOVERNMENT, IT MAY SPECIFY THAT THE MAYOR BE ELECTED DIRECTLY BY
    21  THE VOTERS OF THE MUNICIPALITY RATHER THAN BY COUNCIL.
    22     IF A COMMISSION REPORT, INITIATIVE PETITION OR ORDINANCE FOR
    23  A COUNTY SHALL RECOMMEND THE ADOPTION OF ANY OF THE OPTIONAL
    24  PLANS, EXCEPT THE OPTIONAL COUNTY PLAN SET FORTH IN ARTICLE X OF
    25  THIS ACT, IT MAY SPECIFY THAT THE SHERIFF BE ELECTED DIRECTLY BY
    26  THE VOTERS OF THE COUNTY AS PROVIDED IN ARTICLE XI OF THIS ACT.
    27     IN ALL CASES, EXCEPT FOR THE COUNCIL-MANAGER PLAN SET FORTH
    28  IN ARTICLE VIII, THE COMMISSION REPORT, INITIATIVE PETITION OR
    29  ORDINANCE SHALL SPECIFY WHETHER THE EXECUTIVE (MAYOR) OF THE
    30  MUNICIPALITY SHALL BE CALLED "EXECUTIVE" OR "MAYOR."
    19710S0752B1690                 - 24 -

     1     (B)  IF THE COMMISSION SHALL RECOMMEND THE ADOPTION OF A HOME
     2  RULE CHARTER, IT SHALL SPECIFY THE NUMBER TO BE ON THE MUNICIPAL
     3  COUNCIL, ALL OFFICES TO BE FILLED BY ELECTION, AND WHETHER
     4  ELECTIONS SHALL BE ON AN AT-LARGE, DISTRICT, OR COMBINATION
     5  DISTRICT AND AT-LARGE BASIS.
     6     (C)  NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ACT, IF AN
     7  APPROVED HOME RULE CHARTER OR OPTIONAL PLAN OF GOVERNMENT OR
     8  OTHER FORM OF GOVERNMENT ADOPTED PURSUANT TO THE PROVISIONS OF
     9  THIS ACT SHALL SPECIFY THAT THE ELECTION OF THE MUNICIPAL
    10  COUNCIL SHALL BE ON AN AT-LARGE, DISTRICT, OR COMBINATION
    11  DISTRICT AND AT-LARGE BASIS, WHICH BASIS DIFFERS FROM THE
    12  EXISTING BASIS AND THEREFORE REQUIRES ELIMINATING DISTRICTS OR
    13  ESTABLISHING REVISED OR NEW DISTRICTS, THEN ELECTION OF
    14  MUNICIPAL OFFICIALS SHALL NOT TAKE PLACE ON THE NEW BASIS UNTIL
    15  THE MUNICIPAL ELECTION FOLLOWING THE NEXT PRIMARY ELECTION
    16  TAKING PLACE LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE
    17  ELECTION AT WHICH THE REFERENDUM ON THE QUESTION OF A NEW FORM
    18  OF GOVERNMENT HAS BEEN APPROVED BY THE ELECTORATE. THE NEW FORM
    19  OF GOVERNMENT SHALL NOT GO INTO EFFECT UNTIL THE FIRST MONDAY IN
    20  JANUARY FOLLOWING THE ELECTION OF MUNICIPAL OFFICIALS ON THE NEW
    21  BASIS. NEW OR REVISED DISTRICTS SHALL BE ESTABLISHED BY THE
    22  COURT OF COMMON PLEAS IN THE COUNTY WITHIN NINETY DAYS FROM THE
    23  DATE OF APPROVAL BY THE ELECTORATE OF A NEW FORM OF GOVERNMENT.
    24     SECTION 214.  THE QUESTION TO BE SUBMITTED TO THE VOTERS FOR
    25  THE ADOPTION OF A HOME RULE CHARTER OR ANY OF THE OPTIONAL PLANS
    26  OF GOVERNMENT AUTHORIZED BY THIS ACT SHALL BE SUBMITTED IN THE
    27  FOLLOWING FORM OR SUCH PART THEREOF AS SHALL BE APPLICABLE.
    28   "SHALL THE HOME RULE CHARTER CONTAINED
    29    IN THE REPORT, DATED________________________
    30    OF THE GOVERNMENT STUDY COMMISSION, PREPARED             YES
    19710S0752B1690                 - 25 -

     1    IN ACCORDANCE WITH THE HOME RULE CHARTER AND
     2    OPTIONAL PLANS LAW, BE ADOPTED BY THE
     3    __________________________________________?"             NO
     4      (INSERT TYPE AND NAME OF MUNICIPALITY)
     5                                 OR
     6   "SHALL______________________________________,
     7               (INSERT NAME OF PLAN)
     8    INCLUDING RECOMMENDATIONS PERTAINING TO
     9    OPTIONAL PROVISIONS CONTAINED IN THE                     YES
    10    REPORT OF THE GOVERNMENT STUDY COMMISSION,
    11    DATED_______________________________, AS
    12    AUTHORIZED BY THE HOME RULE CHARTER AND                  NO
    13    OPTIONAL PLANS LAW, BE ADOPTED BY THE
    14    _________________________________________?"
    15      (INSERT TYPE AND NAME OF MUNICIPALITY)
    16                                 OR
    17   "SHALL THE (HOME RULE CHARTER)
    18    (OPTIONAL PLAN) OF THE
    19    ___________________________________________
    20      (INSERT TYPE AND NAME OF MUNICIPALITY)
    21    BE REPEALED, AND THE FORM OF GOVERNMENT                  YES
    22    RECOMMENDED IN THE REPORT OF THE GOVERNMENT
    23    STUDY COMMISSION, DATED____________________,
    24    BE ADOPTED AS AUTHORIZED BY THE HOME RULE
    25    CHARTER AND OPTIONAL PLANS LAW?"                         NO
    26                                 OR
    27   "SHALL AN OPTIONAL PLAN FOR THE
    28    ___________________________________________
    29      (INSERT TYPE AND NAME OF MUNICIPALITY)
    30    BE AMENDED AS SPECIFIED IN THE                           YES
    19710S0752B1690                 - 26 -

     1    REPORT OF THE GOVERNMENT STUDY COMMISSION
     2    FILED WITH THE ELECTION
     3    OFFICIALS OF THE COUNTY OF
     4    _______________________, ON _______________
     5   (INSERT NAME OF COUNTY)       (INSERT DATE)
     6    AS AUTHORIZED BY THE HOME RULE CHARTER AND
     7    OPTIONAL PLANS LAW?"                                     NO
     8     SECTION 215.  IF THE GOVERNMENT STUDY COMMISSION SHALL
     9  RECOMMEND THAT THE QUESTION OF ADOPTING A HOME RULE CHARTER OR
    10  ONE OF THE OPTIONAL PLANS OF GOVERNMENT AUTHORIZED BY THIS ACT
    11  SHALL BE SUBMITTED TO THE VOTERS OF THE MUNICIPALITY, IT SHALL
    12  BE THE DUTY OF THE MUNICIPAL CLERK OR SECRETARY, WITHIN FIVE
    13  DAYS THEREAFTER, TO CERTIFY A COPY OF THE COMMISSION'S REPORT TO
    14  THE COUNTY ELECTION BOARD, WHICH SHALL CAUSE THE QUESTION OF
    15  ADOPTION OR REJECTION TO BE PLACED UPON THE BALLOT OR VOTING
    16  MACHINES AT SUCH TIME AS THE COMMISSION SHALL IN ITS REPORT
    17  SPECIFY. THE COMMISSION MAY CAUSE THE QUESTION TO BE SUBMITTED
    18  TO THE PEOPLE AT THE NEXT PRIMARY , MUNICIPAL OR GENERAL          <--
    19  ELECTION, OCCURRING NOT LESS THAN SIXTY DAYS FOLLOWING THE
    20  FILING OF A COPY OF THE COMMISSION'S REPORT WITH THE COUNTY
    21  BOARD OF ELECTIONS, AT SUCH TIME AS THE COMMISSION'S REPORT
    22  SHALL DIRECT. AT SUCH ELECTION, THE QUESTION OF ADOPTING THAT
    23  FORM OF GOVERNMENT RECOMMENDED BY THE COMMISSION SHALL BE
    24  SUBMITTED TO THE VOTERS OF THE MUNICIPALITY BY THE COUNTY BOARD
    25  OF ELECTIONS IN THE SAME MANNER AS OTHER QUESTIONS ARE SUBMITTED
    26  TO THE VOTERS OF A MUNICIPALITY UNDER THE PROVISIONS OF THE
    27  PENNSYLVANIA ELECTION CODE. THE COMMISSION SHALL FRAME THE
    28  QUESTION TO BE PLACED UPON THE BALLOT AS HEREIN PROVIDED, AND IF
    29  IT DEEMS APPROPRIATE AN INTERPRETATIVE STATEMENT TO ACCOMPANY
    30  SUCH QUESTION.
    19710S0752B1690                 - 27 -

     1     SECTION 216.  (A) NO ORDINANCE MAY BE PASSED AND NO PETITION
     2  MAY BE FILED FOR THE ELECTION OF A GOVERNMENT STUDY COMMISSION
     3  PURSUANT TO SECTION 201 OF THIS ACT WHILE PROCEEDINGS ARE
     4  PENDING UNDER ANY OTHER PETITION OR ORDINANCE FILED OR PASSED
     5  UNDER THE AUTHORITY OF THIS ACT, NOR ON THE SAME QUESTION IF IT
     6  HAS BEEN DEFEATED WITHIN FOUR YEARS AFTER AN ELECTION SHALL HAVE
     7  BEEN HELD PURSUANT TO ANY SUCH ORDINANCE OR PETITION PASSED OR
     8  FILED.
     9     (B)  FOR THE PURPOSE OF THIS SECTION, PROCEEDINGS SHALL BE
    10  CONSIDERED AS HAVING STARTED (I) IN THE CASE OF AN ORDINANCE
    11  UPON THE FINAL VOTE OF COUNCIL IN FAVOR OF THE ORDINANCE,
    12  NOTWITHSTANDING THE FACT THAT THE ORDINANCE CANNOT TAKE EFFECT
    13  UNTIL A CERTAIN NUMBER OF DAYS THEREAFTER; OR (II) IN THE CASE
    14  OF A PETITION, AS SOON AS IT IS PROPERLY SIGNED BY ONE-THIRD OF
    15  THE NUMBER OF REGISTERED VOTERS REQUIRED FOR SUCH PETITION AND
    16  WRITTEN NOTICE THEREOF FILED IN THE OFFICE OF THE COUNTY BOARD
    17  OF ELECTIONS AND IN THE OFFICE OF THE MUNICIPAL CLERK OR
    18  SECRETARY, WHO SHALL CAUSE THE SAME TO BE IMMEDIATELY POSTED IN
    19  A CONSPICUOUS PLACE IN SAID OFFICE, OPEN TO PUBLIC INSPECTION.
    20     SECTION 217.  WHENEVER THE LEGALLY QUALIFIED VOTERS OF ANY
    21  MUNICIPALITY BY A MAJORITY OF THOSE VOTING ON THE QUESTION VOTE
    22  IN FAVOR OF ADOPTING A CHANGE IN THEIR FORM OF GOVERNMENT
    23  PURSUANT TO THIS ACT, THE PROPOSED FORM SHALL TAKE EFFECT
    24  ACCORDING TO ITS TERMS AND THE PROVISIONS OF THIS ACT.
    25     SECTION 218.  THE VOTERS OF ANY MUNICIPALITY WHICH HAS
    26  ADOPTED A HOME RULE CHARTER OR AN OPTIONAL PLAN OF GOVERNMENT
    27  PURSUANT TO THIS ACT MAY NOT VOTE ON THE QUESTION OF CHANGING
    28  THE FORM OF GOVERNMENT UNTIL FOUR FIVE YEARS AFTER THE HOME RULE  <--
    29  CHARTER OR OPTIONAL PLAN BECAME EFFECTIVE.
    30     SECTION 219.  FOR THE PURPOSES OF THIS ACT, EACH OF THE
    19710S0752B1690                 - 28 -

     1  OPTIONAL FORMS OF GOVERNMENT PROVIDED BY THIS ACT AND EACH OF
     2  SAID OPTIONAL FORMS AS MODIFIED BY ANY AVAILABLE PROVISIONS
     3  CONCERNING SIZE OF COUNCIL, ELECTION OF MUNICIPAL OFFICIALS, THE
     4  BASIS FOR ELECTING COUNCILMEN, IS HEREBY DECLARED TO BE A
     5  COMPLETE AND SEPARATE FORM OF GOVERNMENT PROVIDED BY THE
     6  LEGISLATURE FOR SUBMISSION TO THE VOTERS OF THE MUNICIPALITY.
     7         B.  AMENDMENT OF EXISTING CHARTER OR OPTIONAL FORM
     8     SECTION 221.  THE PROCEDURE FOR AMENDING A HOME RULE CHARTER
     9  OR OPTIONAL PLAN OF GOVERNMENT SHALL BE THE SAME AS FOR THE
    10  ADOPTION OF A HOME RULE CHARTER OR OPTIONAL PLAN OF GOVERNMENT,
    11  EXCEPT THAT AN OPTIONAL PLAN OF GOVERNMENT MAY BE AMENDED
    12  THROUGH THE INITIATIVE PROCEDURE AS HEREINAFTER PROVIDED FOR IN
    13  THIS ACT.
    14            C.  AMENDMENT OF OPTIONAL PLAN BY INITIATIVE
    15                PETITION OR ORDINANCE AND REFERENDUM
    16     SECTION 231.  A REFERENDUM ON THE QUESTION OF AMENDMENT OF AN
    17  OPTIONAL PLAN OF GOVERNMENT MAY BE INITIATED BY ELECTORS OF THE
    18  MUNICIPALITY, AND A REFERENDUM ON THE QUESTION OF AMENDMENT OF
    19  AN OPTIONAL PLAN OF GOVERNMENT MAY BE INITIATED BY AN ORDINANCE
    20  OF THE GOVERNING BODY. A PROPOSAL FOR AMENDMENT OF AN OPTIONAL
    21  PLAN SHALL BE LIMITED TO THE ADDITIONAL OPTIONS PROVIDED FOR IN
    22  SECTION 213 OF THIS ACT.
    23     SECTION 232.  A PETITION CONTAINING A PROPOSAL FOR REFERENDUM
    24  ON THE QUESTION OF ADOPTING OR AMENDING AN OPTIONAL PLAN OF       <--
    25  GOVERNMENT SIGNED BY ELECTORS COMPRISING TWO FIVE PER CENT OF     <--
    26  THE NUMBER OF ELECTORS VOTING FOR THE OFFICE OF GOVERNOR IN THE
    27  LAST GUBERNATORIAL GENERAL ELECTION BUT NOT LESS THAN TWENTY-     <--
    28  FIVE ELECTORS OR, IF THE NUMBER OF ELECTORS SO VOTING IS LESS
    29  THAN FIFTY, NOT LESS THAN A MAJORITY OF THE ELECTORS SO VOTING,
    30  IN THE MUNICIPALITY, OR AN ORDINANCE OF THE MUNICIPAL GOVERNING   <--
    19710S0752B1690                 - 29 -

     1  BODY PROPOSING AMENDMENT OF AN OPTIONAL PLAN, MAY BE FILED WITH
     2  THE ELECTION OFFICIALS AT LEAST NINETY DAYS PRIOR TO THE NEXT
     3  PRIMARY OR GENERAL ELECTION. THE NAME AND ADDRESS OF THE PERSON
     4  FILING THE PETITION SHALL BE CLEARLY STATED ON THE PETITION.
     5     THE PETITION OF ELECTORS OR ORDINANCE OF THE GOVERNING BODY    <--
     6  SHALL IDENTIFY THE OPTIONAL PLAN OF GOVERNMENT PROPOSED. IN
     7  ADDITION, IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT, THE
     8  PETITION OF ELECTORS OR ORDINANCE OF THE GOVERNING BODY SHALL
     9  SPECIFY A NUMBER OF MEMBERS TO SERVE ON THE MUNICIPAL COUNCIL;
    10  WHETHER COUNCILMEN SHALL BE ELECTED ON AN AT-LARGE, DISTRICT, OR
    11  COMBINATION DISTRICT AND AT-LARGE BASIS; WHETHER OR NOT A
    12  MUNICIPAL TREASURER IS TO BE PROVIDED, AND THE MANNER OF
    13  SELECTING THE TREASURER; WHETHER THE MAYOR IS TO BE ELECTED
    14  DIRECTLY BY THE VOTERS OF THE MUNICIPALITY OR BY THE COUNCIL
    15  UNDER THE COUNCIL-MANAGER PLAN OF GOVERNMENT; WHETHER THE
    16  SHERIFF IS TO BE ELECTED DIRECTLY BY THE VOTERS OF THE COUNTY OR
    17  APPOINTED, AS MAY BE PERMITTED BY THIS ACT; WHETHER THE
    18  EXECUTIVE (MAYOR) OF THE MUNICIPALITY, EXCEPT UNDER THE COUNCIL-
    19  MANAGER PLAN, SHALL BE CALLED "EXECUTIVE" OR "MAYOR"; AND THE
    20  COMPENSATION OF THE ELECTED COUNCILMEN AND EXECUTIVE (MAYOR) AS
    21  REQUIRED BY SECTION 1263 OF THIS ACT.
    22     THE ELECTION OFFICIALS SHALL REVIEW THE INITIATIVE PETITION
    23  AS THE NUMBER AND QUALIFICATIONS OF SIGNERS. IF THE PETITION
    24  APPEARS TO BE DEFECTIVE, THE ELECTION OFFICIALS SHALL
    25  IMMEDIATELY NOTIFY THE PERSONS FILING THE PETITION OF THE
    26  DEFECT. WHEN THE ELECTION OFFICIALS FIND THAT THE PETITION AS
    27  SUBMITTED IS IN PROPER ORDER, THEY SHALL SEND COPIES OF THE
    28  INITIATIVE PETITION WITHOUT SIGNATURES THEREON TO THE GOVERNING
    29  BODY OF THE MUNICIPALITY AND TO THE SECRETARY OF COMMUNITY
    30  AFFAIRS. THE INITIATIVE PETITION AS SUBMITTED TO THE ELECTION
    19710S0752B1690                 - 30 -

     1  OFFICIALS, ALONG WITH A LIST OF SIGNATORIES, SHALL BE OPEN TO
     2  INSPECTION IN THE OFFICE OF THE ELECTION OFFICIALS.
     3     SECTION 233.  A REFERENDUM ON THE QUESTION OF THE ADOPTION OR  <--
     4  AMENDMENT OF AN OPTIONAL PLAN OF GOVERNMENT SHALL BE HELD WHEN
     5  THE ELECTION OFFICIALS FIND THAT THE INITIATIVE PETITION OR
     6  ORDINANCE OF THE GOVERNING BODY IS IN PROPER ORDER, AND THE
     7  REFERENDUM SHALL BE GOVERNED BY THE PROVISIONS OF THE
     8  PENNSYLVANIA ELECTION CODE. THE ELECTION OFFICIALS SHALL CAUSE
     9  THE QUESTION TO BE SUBMITTED TO THE ELECTORS OF THE MUNICIPALITY
    10  AT THE NEXT PRIMARY, GENERAL OR MUNICIPAL ELECTION OCCURRING NOT
    11  LESS THAN SIXTY DAYS FOLLOWING THE FILING OF THE INITIATIVE
    12  PETITION OR ORDINANCE WITH THE ELECTION BOARD. AT SUCH ELECTION,
    13  THE QUESTION SHALL BE SUBMITTED TO THE VOTERS IN THE SAME MANNER
    14  AS OTHER QUESTIONS ARE SUBMITTED UNDER THE PROVISIONS OF THE
    15  PENNSYLVANIA ELECTION CODE. THE ELECTION BOARD SHALL FRAME THE
    16  QUESTION TO BE PLACED UPON THE BALLOT.
    17                      D.  CONDUCT OF ELECTION
    18     SECTION 241.  ALL ELECTIONS PROVIDED FOR IN THIS ACT SHALL BE
    19  CONDUCTED BY THE ELECTION OFFICIALS FOR SUCH MUNICIPALITY IN
    20  ACCORDANCE WITH THE PENNSYLVANIA ELECTION CODE. THE ELECTION
    21  OFFICIALS SHALL COUNT THE VOTES CAST AND MAKE RETURN THEREOF TO
    22  THE COUNTY BOARD OF ELECTIONS. THE RESULT OF ANY SUCH ELECTION
    23  SHALL BE COMPUTED BY THE COUNTY BOARD OF ELECTIONS IN THE SAME
    24  MANNER AS IS PROVIDED BY LAW FOR THE COMPUTATION OF SIMILAR
    25  RETURNS. CERTIFICATES OF THE RESULT OF ANY SUCH ELECTION SHALL
    26  BE FILED BY THE COUNTY BOARD OF ELECTIONS WITH THE MUNICIPAL
    27  COUNCIL OR BOARD OF THE MUNICIPALITY AND WITH THE SECRETARY OF
    28  THE COMMONWEALTH, AND WITH THE SECRETARY OF COMMUNITY AFFAIRS.
    29     SECTION 242.  AT LEAST THIRTY DAYS' NOTICE OF EACH ELECTION
    30  HEREIN PROVIDED FOR SHALL BE GIVEN BY THE CLERK OR SECRETARY OF
    19710S0752B1690                 - 31 -

     1  THE MUNICIPALITY. A COPY OF SUCH NOTICE SHALL BE POSTED AT EACH
     2  POLLING PLACE OF THE MUNICIPALITY ON THE DAY OF THE ELECTION,
     3  AND SHALL BE PUBLISHED IN AT LEAST ONE NEWSPAPER OF GENERAL
     4  CIRCULATION IN THE MUNICIPALITY ONCE A WEEK FOR THREE
     5  CONSECUTIVE WEEKS DURING THE PERIOD OF THIRTY DAYS PRIOR TO THE
     6  ELECTION.
     7                            ARTICLE III
     8                GENERAL POWERS AND LIMITATIONS OF A
     9                   HOME RULE CHARTER MUNICIPALITY
    10     SECTION 301.  A MUNICIPALITY WHICH HAS ADOPTED A HOME RULE
    11  CHARTER MAY EXERCISE ANY POWERS AND PERFORM ANY FUNCTION NOT
    12  DENIED BY THE CONSTITUTION OF PENNSYLVANIA, BY ITS HOME RULE
    13  CHARTER OR BY THE GENERAL ASSEMBLY AT ANY TIME. ALL GRANTS OF
    14  MUNICIPAL POWER TO MUNICIPALITIES GOVERNED BY A HOME RULE
    15  CHARTER UNDER THIS ACT, WHETHER IN THE FORM OF SPECIFIC
    16  ENUMERATION OR GENERAL TERMS, SHALL BE LIBERALLY CONSTRUED IN
    17  FAVOR OF THE MUNICIPALITY.
    18     SECTION 302.  (A) THE HOME RULE CHARTER ADOPTED IN ACCORDANCE
    19  WITH THE PROVISIONS OF THIS ACT SHALL NOT GIVE ANY POWER OR
    20  AUTHORITY TO THE MUNICIPALITY CONTRARY TO, OR IN LIMITATION OR
    21  ENLARGEMENT OF POWERS GRANTED BY ACTS OF THE GENERAL ASSEMBLY
    22  WHICH ARE APPLICABLE TO A CLASS OR CLASSES OF MUNICIPALITIES ON
    23  THE FOLLOWING SUBJECTS:
    24     (1)  THE FILING AND COLLECTION OF MUNICIPAL TAX CLAIMS OR
    25  LIENS AND THE SALE OF REAL OR PERSONAL PROPERTY IN SATISFACTION
    26  THEREOF.
    27     (2)  THE PROCEDURES IN THE EXERCISE OF THE POWERS OF EMINENT
    28  DOMAIN, AND THE ASSESSMENT OF DAMAGES AND BENEFITS FOR PROPERTY
    29  TAKEN, INJURED OR DESTROYED.
    30     (3)  BOUNDARY CHANGES OF MUNICIPALITIES.
    19710S0752B1690                 - 32 -

     1     (4)  REGULATION OF PUBLIC SCHOOLS.
     2     (5)  THE REGISTRATION OF ELECTORS AND THE CONDUCT OF
     3  ELECTIONS.
     4     (6)  THE FIXING OF SUBJECTS OF TAXATION.
     5     (7)  THE FIXING OF THE RATES OF NONPROPERTY OR PERSONAL TAXES
     6  LEVIED UPON NONRESIDENTS.
     7     (8)  THE ASSESSMENT OF REAL OR PERSONAL PROPERTY AND PERSONS
     8  FOR TAXATION PURPOSES.
     9     (9)  DEFINING OR PROVIDING FOR THE PUNISHMENT OF ANY FELONY
    10  OR MISDEMEANOR.
    11     (B)  NO MUNICIPALITY SHALL (I) ENGAGE IN ANY PROPRIETARY OR
    12  PRIVATE BUSINESS EXCEPT AS AUTHORIZED BY THE GENERAL ASSEMBLY,
    13  (II) EXERCISE POWERS CONTRARY TO, OR IN LIMITATION OR
    14  ENLARGEMENT OF POWERS GRANTED BY ACTS OF THE GENERAL ASSEMBLY
    15  WHICH BY THEIR EXPRESSED TERMS ARE APPLICABLE IN EVERY PART OF    <--
    16  THE COMMONWEALTH, NOR (III) BE GIVEN THE POWER TO DIMINISH THE    <--
    17  RIGHTS OR PRIVILEGES OF ANY PRESENT MUNICIPAL EMPLOYE IN HIS
    18  PENSION OR RETIREMENT SYSTEM, (IV) ENACT OR PROMULGATE ANY        <--
    19  ORDINANCE OR REGULATION WITH RESPECT TO DEFINITIONS, SANITATION,
    20  SAFETY, HEALTH, STANDARDS OF IDENTITY OR LABELING PERTAINING TO
    21  THE MANUFACTURE, PROCESSING, STORAGE, DISTRIBUTION AND SALE OF
    22  ANY FOODS, GOODS OR SERVICES SUBJECT TO ANY COMMONWEALTH LAWS OR
    23  REGULATIONS UNLESS SUCH MUNICIPAL ORDINANCE OR REGULATION IS
    24  UNIFORM IN ALL RESPECTS WITH SUCH COMMONWEALTH LAWS AND
    25  REGULATIONS. NOTHING HEREIN CONTAINED SHALL BE CONSTRUED TO IN
    26  ANY WAY AFFECT THE POWER OF ANY MUNICIPALITY TO ENACT AND
    27  ENFORCE ORDINANCES RELATING TO BUILDING CODES OR ANY OTHER
    28  SAFETY, SANITATION OR HEALTH REGULATION PERTAINING THERETO, NOR
    29  (V) ENACT ANY PROVISION INCONSISTENT WITH ANY STATUTE HERETOFORE
    30  ENACTED BY THE GENERAL ASSEMBLY AFFECTING THE RIGHTS, BENEFITS
    19710S0752B1690                 - 33 -

     1  OR WORKING CONDITIONS OF ANY EMPLOYE OF A POLITICAL SUBDIVISION
     2  OF THE COMMONWEALTH.
     3     (C)  ACTS OF THE GENERAL ASSEMBLY IN EFFECT ON THE EFFECTIVE
     4  DATE OF THIS ACT THAT ARE UNIFORM AND APPLICABLE THROUGHOUT THE
     5  COMMONWEALTH SHALL REMAIN IN EFFECT AND SHALL NOT BE CHANGED OR
     6  MODIFIED BY THIS ACT. ACTS OF THE GENERAL ASSEMBLY ENACTED AFTER
     7  THE EFFECTIVE DATE OF THIS ACT THAT ARE UNIFORM AND APPLICABLE
     8  THROUGHOUT THE COMMONWEALTH SHALL SUPERSEDE ANY MUNICIPAL
     9  ORDINANCE OR RESOLUTION ON THE SAME SUBJECT.
    10     (D)  NO MUNICIPALITY WHICH ADOPTS A HOME RULE CHARTER SHALL    <--
    11  AT ANY TIME THEREUNDER DETERMINE DUTIES, RESPONSIBILITIES OR
    12  REQUIREMENTS PLACED UPON BUSINESSES, OCCUPATIONS AND EMPLOYERS,
    13  INCLUDING THE DUTY TO WITHHOLD, REMIT OR REPORT TAXES OR
    14  PENALTIES LEVIED OR IMPOSED UPON THEM OR UPON PERSONS IN THEIR
    15  EMPLOYMENT, EXCEPT AS EXPRESSLY PROVIDED BY ACTS OF THE GENERAL
    16  ASSEMBLY, WHICH ARE APPLICABLE IN EVERY PART OF THE COMMONWEALTH
    17  OR WHICH ARE APPLICABLE TO ALL MUNICIPALITIES OR TO A CLASS OR
    18  CLASSES OF MUNICIPALITIES.
    19     (E)  THE GENERAL ASSEMBLY HEREBY DECLARES THAT IT IS
    20  OCCUPYING THE WHOLE FIELD OF REGULATION OF THE TRANSFER,
    21  OWNERSHIP, POSSESSION AND TRANSPORTATION OF FIREARMS TO THE
    22  EXCLUSION OF ALL EXISTING AND FUTURE MUNICIPAL ORDINANCES OR
    23  REGULATIONS RELATING THERETO. ANY SUCH EXISTING ORDINANCES ARE
    24  HEREBY DECLARED NULL AND VOID.
    25     SECTION 303.  NO COUNTY WHICH HAS ADOPTED A HOME RULE CHARTER
    26  SHALL AT ANY TIME THEREAFTER EXERCISE WITHIN ANY MUNICIPALITY IN
    27  THE COUNTY, A POWER OR FUNCTION BEING EXERCISED BY THAT
    28  MUNICIPALITY ON THE DATE OF THE ADOPTION OF THE COUNTY HOME RULE
    29  CHARTER, EXCEPT UNDER ALL OF THE FOLLOWING CONDITIONS:
    30     (1)  THE EXERCISE OF SUCH POWER OR FUNCTION BY THE COUNTY
    19710S0752B1690                 - 34 -

     1  SHALL BE AUTHORIZED BY ORDINANCE OF THE GOVERNING BODY OF THE
     2  COUNTY, WHICH ORDINANCE IN ADDITION TO SUCH OTHER FILINGS AS MAY
     3  BE REQUIRED BY LAW, SHALL, WITHIN THIRTY DAYS OF ITS ENACTMENT,
     4  BE FILED WITH THE CLERK OR SECRETARY OF EACH MUNICIPALITY WITHIN
     5  THE COUNTY.
     6     (2)  THE TRANSFER OF A POWER OR FUNCTION TO THE COUNTY FROM
     7  ANY MUNICIPALITY WITHIN THE COUNTY, AS AUTHORIZED BY SUCH
     8  ORDINANCE, SHALL NOT BECOME EFFECTIVE FOR AT LEAST ONE YEAR       <--
     9  FIFTEEN MONTHS FROM THE DATE OF ADOPTION OF SUCH ORDINANCE.
    10     (3)  WITHIN ONE HUNDRED AND EIGHTY DAYS FROM THE ADOPTION OF   <--
    11  SUCH ORDINANCE, THE GOVERNING BODY OF ANY MUNICIPALITY,
    12  EXERCISING ON THE DATE OF THE ADOPTION OF THE COUNTY HOME RULE
    13  CHARTER ANY POWER OR FUNCTION AUTHORIZED BY ORDINANCE OF THE
    14  COUNTY TO BE EXERCISED BY THE COUNTY, MAY ELECT BY ORDINANCE TO
    15  BE EXCLUDED FROM THE COUNTY EXERCISE OF SUCH POWER OR FUNCTION.
    16  WITHIN SIXTY DAYS AFTER THE DATE OF ADOPTION BY THE GOVERNING
    17  BODY OF A MUNICIPALITY OF AN ORDINANCE EXCLUDING SUCH
    18  MUNICIPALITY FROM THE EXERCISE BY THE COUNTY OF A POWER OR
    19  FUNCTION, THE QUALIFIED VOTERS OF SUCH MUNICIPALITY MAY INITIATE
    20  A PETITION REQUIRING THAT THE QUESTION OF EXCLUSION FROM THE
    21  EXERCISE OF SUCH POWER OR FUNCTION BY THE COUNTY BE SUBMITTED TO
    22  A REFERENDUM OF THE ELECTORATE AT THE ELECTION HELD ON THE DATE
    23  OF THE NEXT ENSUING PRIMARY, MUNICIPAL OR GENERAL ELECTION NOT
    24  LESS THAN SIXTY DAYS AFTER THE FILING OF THE INITIATIVE PETITION
    25  WITH THE COUNTY BOARD OF ELECTIONS. THE INITIATIVE AND
    26  REFERENDUM PROCEDURES SET FORTH IN ARTICLES III AND IV SHALL BE
    27  FOLLOWED, EXCEPT WHERE THE SAME MAY BE INCONSISTENT WITH ANY OF
    28  THE PROVISIONS OF THIS SECTION.
    29     (3)  WITHIN ONE HUNDRED EIGHTY DAYS FROM THE ADOPTION OF SUCH  <--
    30  ORDINANCE, THE GOVERNING BODY OF ANY MUNICIPALITY, EXERCISING ON
    19710S0752B1690                 - 35 -

     1  THE DATE OF THE ADOPTION OF THE COUNTY HOME RULE CHARTER ANY
     2  POWER OR FUNCTION AUTHORIZED BY ORDINANCE OF THE COUNTY TO BE
     3  EXERCISED BY THE COUNTY, MAY ELECT BY ORDINANCE TO BE EXCLUDED
     4  FROM THE COUNTY EXERCISE OF SUCH POWER OR FUNCTION, UNLESS
     5  WITHIN SAID PERIOD THE QUALIFIED VOTERS OF SUCH MUNICIPALITY
     6  INITIATE A PETITION REQUIRING THAT THE QUESTION OF EXCLUSION
     7  FROM THE EXERCISE OF SUCH POWER OR FUNCTION BY THE COUNTY BE
     8  SUBMITTED TO A REFERENDUM OF THE ELECTORATE AT THE ELECTION HELD
     9  ON THE DATE OF THE NEXT ENSUING PRIMARY, MUNICIPAL OR GENERAL
    10  ELECTION NOT LESS THAN SIXTY DAYS AFTER THE FILING OF THE
    11  INITIATIVE PETITION WITH THE COUNTY BOARD OF ELECTIONS, IN WHICH
    12  EVENT THE RESULT OF THE REFERENDUM SHALL DETERMINE WHETHER OR
    13  NOT THE POWER IS EXCLUDED. THE INITIATIVE AND REFERENDUM
    14  PROCEDURES SET FORTH IN ARTICLES III AND IV SHALL BE FOLLOWED,
    15  EXCEPT WHERE THE SAME MAY BE INCONSISTENT WITH ANY OF THE
    16  PROVISIONS OF THIS SECTION.
    17     IN THE EVENT THE COUNTY DETERMINES THERE IS INSUFFICIENT
    18  INTEREST OR THAT IT IS NOT FEASIBLE TO ESTABLISH THE PROPOSED
    19  MUNICIPAL FUNCTION OR POWER AS PROVIDED FOR IN THE ORDINANCE
    20  PASSED BY THE COUNTY, THE COUNTY MAY REPEAL THE COUNTY ORDINANCE
    21  PRIOR TO THE EFFECTIVE DATE OF THE ORDINANCE.
    22     (4)  THE GOVERNING BODY OF ANY LOCAL MUNICIPALITY MAY BY
    23  ORDINANCE, SUBSEQUENT TO THE TIME LIMIT FOR ACTION AS SET FORTH
    24  IN CLAUSE (3) OF THIS SECTION, REQUEST THE COUNTY TO BE INCLUDED
    25  IN A MUNICIPAL POWER OR FUNCTION BEING EXERCISED BY THE COUNTY:
    26  PROVIDED, HOWEVER, THAT THE COUNTY MAY SPECIFY THE TERMS AND
    27  CONDITIONS FOR ACCEPTANCE OR DENIAL OF THE POWER OR FUNCTION      <--
    28  REQUESTED BY THE LOCAL MUNICIPALITY TO BE EXERCISED BY THE
    29  COUNTY, WHICH SHALL BE SUBJECT TO COURT REVIEW IF THE LOCAL
    30  MUNICIPALITY DETERMINES THAT THE TERMS AND CONDITIONS AS SET
    19710S0752B1690                 - 36 -

     1  FORTH BY THE COUNTY ARE UNREASONABLE.
     2     (5)  NO TAX OR FEE LEVIED BY THE GOVERNING BODY OF A COUNTY
     3  IN SUPPORT OF THE EXERCISE OF A POWER OR FUNCTION AS AUTHORIZED
     4  BY ORDINANCE OF THE COUNTY, SHALL BE APPLICABLE IN ANY
     5  MUNICIPALITY WITHIN THE COUNTY WHICH IS PROVIDING THE SAME
     6  MUNICIPAL POWER OR FUNCTION.
     7     (6)  IF THE ELECTORS OF A MUNICIPALITY BY REFERENDUM VOTE TO
     8  EXCLUDE THE MUNICIPALITY FROM THE EXERCISE OF A POWER OR
     9  FUNCTION BY THE COUNTY, A PETITION MAY NOT BE INITIATED NOR MAY
    10  A REFERENDUM BE HELD ON THE SAME QUESTION MORE OFTEN THAN EVERY
    11  FOUR FIVE YEARS THEREAFTER.                                       <--
    12     (7)  A LOCAL MUNICIPALITY MAY, BY ACTION OF THE GOVERNING
    13  BODY, OR BY INITIATIVE OR AND REFERENDUM, WITHDRAW FROM A POWER   <--
    14  OR FUNCTION TRANSFERRED TO A COUNTY, EXERCISE ANY MUNICIPAL
    15  POWER OR FUNCTION BEING EXERCISED BY A COUNTY, BUT MAY NOT VOTE
    16  ON THE QUESTION OF WITHDRAWING SOONER THAN FOUR YEARS FROM THE
    17  TIME THE COUNTY ASSUMED THE POWER OR FUNCTION OF THE LOCAL
    18  MUNICIPALITY.
    19     SECTION 304.  MUNICIPALITIES ADOPTING A HOME RULE CHARTER
    20  SHALL HAVE THE POWER TO SUE AND BE SUED, TO HAVE A CORPORATE
    21  SEAL, TO CONTRACT AND BE CONTRACTED WITH, TO BUY, SELL, LEASE,
    22  HOLD AND DISPOSE OF REAL AND PERSONAL PROPERTY, TO APPROPRIATE
    23  AND EXPEND MONEYS, AND TO ADOPT, AMEND AND REPEAL SUCH
    24  ORDINANCES AND RESOLUTIONS AS MAY BE REQUIRED FOR THE GOOD
    25  GOVERNMENT THEREOF.
    26     SECTION 305.  THE MUNICIPAL CLERK OR SECRETARY OF THE
    27  MUNICIPALITY SHALL FORTHWITH CAUSE THE NEW CHARTER AS APPROVED
    28  BY THE QUALIFIED ELECTORS TO BE RECORDED IN THE ORDINANCE BOOKS
    29  OF THE MUNICIPALITY. HE SHALL ALSO FILE A CERTIFIED COPY THEREOF
    30  IN THE OFFICE OF THE SECRETARY OF THE COMMONWEALTH, WITH THE
    19710S0752B1690                 - 37 -

     1  SECRETARY OF THE DEPARTMENT OF COMMUNITY AFFAIRS, AND WITH THE
     2  COUNTY BOARD OF ELECTIONS.
     3     SECTION 306.  ALL ELECTIVE OFFICIALS OF THE MUNICIPALITY IN
     4  OFFICE AT THE TIME OF THE ADOPTION OF A HOME RULE CHARTER SHALL
     5  CONTINUE IN OFFICE UNTIL THEIR TERMS EXPIRE.
     6     SECTION 307.  THE PROCEDURE FOR REPEAL OF A HOME RULE CHARTER
     7  SHALL BE THE SAME AS FOR ADOPTION OF A HOME RULE CHARTER.
     8  WHENEVER THE ELECTORS OF ANY MUNICIPALITY, BY A MAJORITY VOTE OF
     9  THOSE VOTING ON THE QUESTION, VOTE IN FAVOR OF REPEAL OF A HOME
    10  RULE CHARTER AND THE ESTABLISHMENT OF A PARTICULAR FORM OF
    11  GOVERNMENT, SUCH MUNICIPALITY SHALL BE GOVERNED UNDER THE FORM
    12  OF GOVERNMENT SELECTED BY THE ELECTORS, FROM THE FIRST MONDAY OF
    13  JANUARY FOLLOWING THE MUNICIPAL ELECTION AT WHICH THE ELECTIVE
    14  OFFICIALS OF THE FORM OF GOVERNMENT SELECTED BY THE ELECTORS
    15  SHALL HAVE BEEN ELECTED. THE GOVERNMENT STUDY COMMISSION SHALL
    16  PROVIDE IN ITS REPORT FOR THE NEW FORM OF GOVERNMENT TO BE
    17  ESTABLISHED.
    18     THE ELECTIVE OFFICIALS OF THE MUNICIPALITY UNDER A NEW FORM
    19  OF GOVERNMENT SELECTED BY THE ELECTORS SHALL BE ELECTED AT THE
    20  FIRST MUNICIPAL ELECTION HELD AFTER THE REFERENDUM ON THE REPEAL
    21  OF A HOME RULE CHARTER OR AT SUCH LATER DATE AS MAY BE SPECIFIED
    22  BY THE COMMISSION IN ITS REPORT.
    23                             ARTICLE IV
    24               GENERAL PROVISIONS AND LIMITATIONS FOR
    25                    OPTIONAL PLAN MUNICIPALITIES
    26     SECTION 401.  UPON THE ADOPTION BY THE QUALIFIED VOTERS OF
    27  ANY MUNICIPALITY OF ANY OF THE OPTIONAL PLANS OF GOVERNMENT AS
    28  SET FORTH IN THIS ACT, THE MUNICIPALITY SHALL THEREAFTER BE
    29  GOVERNED BY THE PLAN ADOPTED AND BY THE PROVISIONS OF GENERAL
    30  LAW APPLICABLE TO THAT CLASS OR CLASSES OF MUNICIPALITY EXCEPT
    19710S0752B1690                 - 38 -

     1  AS OTHERWISE PROVIDED HEREIN.  UNLESS AND UNTIL THE MUNICIPALITY
     2  SHOULD ADOPT ANOTHER FORM OF GOVERNMENT AS PROVIDED BY LAW, THE
     3  PLAN ADOPTED AND THE PROVISIONS OF GENERAL LAW APPLICABLE TO
     4  THAT CLASS OR CLASSES OF MUNICIPALITY SHALL BECOME LAW IN THE
     5  MUNICIPALITY AT THE TIME FIXED BY THIS ACT.  ALL ACTS AND PARTS
     6  OF ACTS, LOCAL, SPECIAL, OR GENERAL, AFFECTING THE ORGANIZATION,
     7  GOVERNMENT AND POWERS OF SUCH MUNICIPALITY WHICH ARE NOT
     8  INCONSISTENT OR IN CONFLICT HEREIN, SHALL REMAIN IN FULL FORCE
     9  UNTIL MODIFIED OR REPEALED AS PROVIDED BY LAW.
    10     SECTION 402.  THE MUNICIPAL CLERK OR SECRETARY OF THE
    11  MUNICIPALITY SHALL FORTHWITH CAUSE THE NEW PLAN OF GOVERNMENT AS
    12  APPROVED BY THE QUALIFIED ELECTORS TO BE RECORDED IN THE
    13  ORDINANCE BOOK OF THE MUNICIPALITY. HE SHALL ALSO FILE A
    14  CERTIFIED COPY THEREOF IN THE OFFICE OF THE SECRETARY OF THE
    15  COMMONWEALTH, WITH THE SECRETARY OF THE DEPARTMENT OF COMMUNITY
    16  AFFAIRS, AND WITH THE COUNTY BOARD OF ELECTIONS.
    17     SECTION 403.  THE GENERAL GRANT OF MUNICIPAL POWER CONTAINED
    18  IN THIS ARTICLE IS INTENDED TO CONFER THE GREATEST POWER OF SELF
    19  GOVERNMENT CONSISTENT WITH THE CONSTITUTION OF THIS COMMONWEALTH
    20  AND WITH THE PROVISIONS OF AND THE LIMITATIONS PRESCRIBED BY
    21  THIS ACT.  ANY SPECIFIC ENUMERATION OF MUNICIPAL POWERS
    22  CONTAINED IN THIS ACT OR IN ANY OTHER LAWS WILL NOT BE CONSTRUED
    23  IN ANY WAY TO LIMIT THE GENERAL DESCRIPTION OF POWER CONTAINED
    24  IN THIS ARTICLE, AND ANY SUCH SPECIFICALLY ENUMERATED MUNICIPAL
    25  POWERS SHALL BE CONSTRUED AS IN ADDITION AND SUPPLEMENTARY TO
    26  THE POWERS CONFERRED IN GENERAL TERMS BY THIS ARTICLE.  ALL
    27  GRANTS OF MUNICIPAL POWER TO MUNICIPALITIES GOVERNED BY AN
    28  OPTIONAL PLAN UNDER THIS ACT, WHETHER IN THE FORM OF SPECIFIC
    29  ENUMERATION OR GENERAL TERMS, SHALL BE LIBERALLY CONSTRUED IN
    30  FAVOR OF THE MUNICIPALITY.
    19710S0752B1690                 - 39 -

     1     SECTION 404.  THE OPTIONAL PLAN OF ANY MUNICIPALITY ADOPTED
     2  IN ACCORDANCE WITH THIS ACT SHALL NOT GIVE ANY POWER OR
     3  AUTHORITY TO DIMINISH ANY RIGHTS OR PRIVILEGES OF ANY PRESENT
     4  MUNICIPAL EMPLOYE IN HIS PENSION OR RETIREMENT SYSTEM.  NO
     5  MUNICIPALITY SHALL EXERCISE ANY POWERS OR AUTHORITY BEYOND THE
     6  MUNICIPAL LIMITS EXCEPT SUCH AS ARE CONFERRED BY AN ACT OF THE
     7  GENERAL ASSEMBLY, AND NO MUNICIPALITY SHALL ENGAGE IN ANY
     8  PROPRIETARY OR PRIVATE BUSINESS EXCEPT AS AUTHORIZED BY THE
     9  GENERAL ASSEMBLY.
    10                             ARTICLE V
    11         OPTIONAL PLAN:  EXECUTIVE (MAYOR) - COUNCIL PLAN A
    12             A. FORM OF GOVERNMENT:  ELECTED OFFICIALS
    13     SECTION 501.  THE FORM OF GOVERNMENT PROVIDED IN THIS ARTICLE
    14  SHALL BE KNOWN AS THE "MAYOR-COUNCIL PLAN A" AND SHALL, TOGETHER
    15  WITH THE LAWS APPLICABLE TO THAT CLASS OF MUNICIPALITY AND
    16  ARTICLES IV AND XII OF THIS ACT, GOVERN ANY MUNICIPALITY THE
    17  VOTERS OF WHICH HAVE ADOPTED IT PURSUANT TO THIS ACT.
    18     SECTION 502.  EACH MUNICIPALITY HEREUNDER SHALL BE GOVERNED
    19  BY AN ELECTED COUNCIL, AN ELECTED EXECUTIVE WHO MAY BE CALLED
    20  MAYOR, AS DETERMINED BY THE GOVERNMENT STUDY COMMISSION, AN
    21  ELECTED CONTROLLER, AN ELECTED DISTRICT ATTORNEY IN THE CASE OF   <--
    22  COUNTIES AND, WHEN RECOMMENDED BY THE GOVERNMENT STUDY
    23  COMMISSION AND ADOPTED BY THE VOTERS, AN ELECTED TREASURER, AND
    24  BY SUCH OTHER OFFICERS AND EMPLOYES AS MAY BE DULY APPOINTED
    25  PURSUANT TO THIS ARTICLE, GENERAL LAW OR ORDINANCE.
    26     SECTION 503.  THE EXECUTIVE (MAYOR), THE TREASURER, IF
    27  ELECTED, THE DISTRICT ATTORNEY IN THE CASE OF COUNTIES AND THE
    28  CONTROLLER SHALL BE ELECTED BY THE VOTERS OF THE MUNICIPALITY AT
    29  A REGULAR MUNICIPAL ELECTION, AND SHALL SERVE FOR A TERM OF FOUR
    30  YEARS BEGINNING ON THE FIRST MONDAY OF JANUARY NEXT FOLLOWING
    19710S0752B1690                 - 40 -

     1  HIS ELECTION.
     2     SECTION 504.  THE COUNCIL SHALL CONSIST OF FIVE MEMBERS,
     3  UNLESS PURSUANT TO THE AUTHORITY GRANTED UNDER SECTION 213 OF
     4  THIS ACT, THE MUNICIPALITY SHALL BE GOVERNED BY A COUNCIL OF
     5  SEVEN OR NINE MEMBERS.  MEMBERS OF THE COUNCIL SHALL BE ELECTED
     6  AT LARGE BY THE VOTERS OF THE MUNICIPALITY, UNLESS, PURSUANT TO
     7  THE AUTHORITY GRANTED UNDER SECTION 213 OF THIS ACT, MEMBERS
     8  SHALL BE ELECTED ON A DISTRICT BASIS IN WHICH EACH DISTRICT IS
     9  AS EQUAL IN POPULATION AS IS FEASIBLE, OR ON A COMBINATION AT-
    10  LARGE AND DISTRICT BASIS AS DETERMINED BY THE CHARTER STUDY
    11  COMMISSION, OR AS SPECIFIED IN AN INITIATIVE PETITION OR
    12  ORDINANCE OF THE GOVERNING BODY UNDER THE PROVISIONS OF SECTION
    13  231 THROUGH SECTION 233 OF THIS ACT, AT A REGULAR MUNICIPAL
    14  ELECTION AND SHALL SERVE FOR A TERM OF FOUR YEARS, EXCEPT AS
    15  HEREINAFTER PROVIDED FOR THOSE FIRST ELECTED BEGINNING ON THE
    16  FIRST MONDAY OF JANUARY NEXT FOLLOWING THEIR ELECTIONS.
    17     SECTION 505.  AT THE FIRST MUNICIPAL ELECTION FOLLOWING THE
    18  ADOPTION BY A MUNICIPALITY OF THIS PLAN, COUNCILMEN SHALL BE
    19  ELECTED AND SHALL SERVE FOR THE TERMS AS PROVIDED IN SECTION
    20  1262 OF THIS ACT.
    21                            B.  COUNCIL
    22     SECTION 511.  THE LEGISLATIVE POWER OF THE MUNICIPALITY AS
    23  PROVIDED BY LAWS APPLICABLE TO THAT CLASS OF MUNICIPALITY SHALL
    24  BE EXERCISED BY THE MUNICIPAL COUNCIL, EXCEPT AS MAY OTHERWISE
    25  BE PROVIDED FOR BY THE PROVISIONS OF THIS ACT.
    26     SECTION 512.  ON THE FIRST MONDAY OF JANUARY FOLLOWING THE
    27  REGULAR MUNICIPAL ELECTION, THE MEMBERS OF COUNCIL SHALL
    28  ASSEMBLE AT THE USUAL PLACE OF MEETING AND ORGANIZE AND ELECT A
    29  PRESIDENT FROM AMONG ITS MEMBERS, WHO SHALL PRESIDE AT ITS
    30  MEETINGS AND PERFORM SUCH OTHER DUTIES AS COUNCIL MAY PRESCRIBE,
    19710S0752B1690                 - 41 -

     1  AND A VICE PRESIDENT, WHO SHALL PRESIDE IN THE ABSENCE OF THE
     2  PRESIDENT.  IF THE FIRST MONDAY IS A LEGAL HOLIDAY, THE MEETING
     3  SHALL BE HELD ON THE FIRST DAY FOLLOWING.
     4     SECTION 513.  THE COUNCIL, IN ADDITION TO SUCH OTHER POWERS
     5  AND DUTIES AS MAY BE CONFERRED UPON IT BY GENERAL LAW, MAY
     6  REQUIRE ANY MUNICIPAL OFFICER, IN ITS DISCRETION, TO PREPARE AND
     7  SUBMIT SWORN STATEMENTS REGARDING HIS OFFICIAL DUTIES IN THE
     8  PERFORMANCE THEREOF, AND MAY OTHERWISE INVESTIGATE THE CONDUCT
     9  OF ANY DEPARTMENT, OFFICE OR AGENCY OF THE MUNICIPAL GOVERNMENT.
    10     SECTION 514.  A MUNICIPAL CLERK OR SECRETARY SHALL BE
    11  APPOINTED IN THE MANNER SET FORTH IN THE ADMINISTRATIVE CODE AS
    12  PROVIDED IN SECTION 1246 OF THIS ACT. THE MUNICIPAL CLERK OR
    13  SECRETARY SHALL SERVE AS CLERK OF THE COUNCIL, KEEP ITS MINUTES
    14  AND RECORDS OF ITS PROCEEDINGS, MAINTAIN AND COMPILE ITS
    15  ORDINANCES AND RESOLUTIONS AS THIS ACT REQUIRES, AND PERFORM
    16  SUCH FUNCTIONS AS MAY BE REQUIRED BY LAW OR BY LOCAL ORDINANCE.
    17  THE MUNICIPAL CLERK SHALL, PRIOR TO HIS APPOINTMENT, HAVE BEEN
    18  QUALIFIED BY TRAINING OR EXPERIENCE TO PERFORM THE DUTIES OF THE
    19  OFFICE.
    20              C.  EXECUTIVE (MAYOR) AND ADMINISTRATION
    21     SECTION 521.  THE EXECUTIVE POWER OF THE MUNICIPALITY SHALL
    22  BE EXERCISED BY THE EXECUTIVE (MAYOR).
    23     SECTION 522.  THE EXECUTIVE (MAYOR) SHALL ENFORCE THE PLAN
    24  AND ORDINANCES OF THE MUNICIPALITY AND ALL GENERAL LAWS
    25  APPLICABLE THERETO. HE SHALL, ANNUALLY, REPORT TO THE COUNCIL
    26  AND THE PUBLIC ON THE WORK OF THE PREVIOUS YEAR AND ON THE
    27  CONDITION AND REQUIREMENTS OF THE MUNICIPAL GOVERNMENT AND
    28  SHALL, FROM TIME TO TIME, MAKE SUCH RECOMMENDATIONS FOR ACTION
    29  BY THE COUNCIL AS HE MAY DEEM IN THE PUBLIC INTEREST. HE SHALL
    30  SUPERVISE ALL OF THE DEPARTMENTS OF THE MUNICIPAL GOVERNMENT,
    19710S0752B1690                 - 42 -

     1  AND SHALL REQUIRE EACH DEPARTMENT TO MAKE AN ANNUAL AND SUCH
     2  OTHER REPORTS OF ITS WORK AS HE MAY DEEM DESIRABLE.
     3     SECTION 523.  (A) ORDINANCES ADOPTED BY THE COUNCIL SHALL BE
     4  SUBMITTED TO THE EXECUTIVE (MAYOR) AND HE SHALL, WITHIN TEN DAYS
     5  AFTER RECEIVING ANY ORDINANCE, EITHER APPROVE THE ORDINANCE BY
     6  AFFIXING HIS SIGNATURE THERETO, OR RETURN IT TO THE COUNCIL BY
     7  DELIVERING IT TO THE MUNICIPAL CLERK TOGETHER WITH A STATEMENT
     8  SETTING FORTH HIS OBJECTIONS THERETO OR TO ANY ITEM OR PART
     9  THEREOF. NO ORDINANCE OR ANY ITEM OR PART THEREOF SHALL TAKE
    10  EFFECT WITHOUT THE EXECUTIVE'S (MAYOR'S) APPROVAL, UNLESS THE
    11  EXECUTIVE (MAYOR) FAILS TO RETURN AN ORDINANCE TO THE COUNCIL
    12  WITHIN TEN DAYS AFTER IT HAS BEEN PRESENTED TO HIM, OR UNLESS
    13  COUNCIL UPON RECONSIDERATION THEREOF ON OR AFTER THE THIRD DAY
    14  FOLLOWING ITS RETURN BY THE EXECUTIVE (MAYOR) SHALL BY A VOTE OF
    15  A MAJORITY PLUS ONE OF THE MEMBERS RESOLVE TO OVERRIDE THE
    16  EXECUTIVE'S (MAYOR'S) VETO.
    17     (B)  THE EXECUTIVE (MAYOR) MAY ATTEND MEETINGS OF COUNCIL AND
    18  MAY TAKE PART IN DISCUSSIONS OF COUNCIL BUT SHALL HAVE NO VOTE
    19  EXCEPT IN THE CASE OF A TIE ON THE QUESTION OF FILLING A VACANCY
    20  IN THE COUNCIL, IN WHICH CASE HE MAY CAST THE DECIDING VOTE.
    21     SECTION 524.  (A) THE EXECUTIVE (MAYOR) SHALL DESIGNATE ANY
    22  DEPARTMENT HEAD, TO ACT AS EXECUTIVE (MAYOR) WHENEVER THE
    23  EXECUTIVE (MAYOR) SHALL BE PREVENTED, BY ABSENCE FROM THE
    24  MUNICIPALITY, DISABILITY, OR OTHER CAUSE, FROM ATTENDING TO THE
    25  DUTIES OF HIS OFFICE. DURING SUCH TIME THE PERSON SO DESIGNATED
    26  BY THE EXECUTIVE (MAYOR) SHALL POSSESS ALL THE RIGHTS, POWERS,
    27  AND DUTIES OF THE EXECUTIVE (MAYOR). WHENEVER THE EXECUTIVE
    28  (MAYOR) SHALL HAVE BEEN UNABLE TO ATTEND TO THE DUTIES OF HIS
    29  OFFICE FOR A PERIOD OF SIXTY CONSECUTIVE DAYS FOR ANY OF THE
    30  ABOVE STATED REASONS, A MEMBER OF COUNCIL SHALL BE APPOINTED BY
    19710S0752B1690                 - 43 -

     1  THE COUNCIL AS ACTING EXECUTIVE (MAYOR), WHO SHALL SUCCEED TO
     2  ALL THE RIGHTS, POWERS AND DUTIES OF THE EXECUTIVE (MAYOR) OR
     3  THE THEN ACTING EXECUTIVE (MAYOR), UNTIL HE SHALL RETURN OR HIS
     4  DISABILITY SHALL CEASE.
     5     (B)  THE MUNICIPALITY MAY HAVE A DEPARTMENT OF ADMINISTRATION
     6  AND SHALL HAVE SUCH OTHER DEPARTMENTS AS COUNCIL MAY ESTABLISH
     7  BY ORDINANCE. ALL OF THE ADMINISTRATIVE FUNCTIONS, POWERS AND
     8  DUTIES OF THE MUNICIPALITY, OTHER THAN THOSE VESTED IN THE
     9  OFFICE OF THE CLERK, TREASURER, IF ELECTED, AND CONTROLLER,
    10  SHALL BE ALLOCATED AND ASSIGNED AMONG AND WITHIN SUCH
    11  DEPARTMENTS.
    12     (C)  EACH DEPARTMENT SHALL BE HEADED BY A DIRECTOR WHO SHALL
    13  BE APPOINTED BY THE EXECUTIVE (MAYOR) WITH THE ADVICE AND
    14  CONSENT OF THE COUNCIL. EACH MUNICIPALITY SHALL ALSO HAVE A
    15  SOLICITOR WHO SHALL BE APPOINTED BY THE EXECUTIVE (MAYOR) WITH
    16  THE ADVICE AND CONSENT OF THE COUNCIL. EACH DEPARTMENT HEAD AND
    17  THE SOLICITOR SHALL SERVE DURING THE TERM OF OFFICE OF THE
    18  EXECUTIVE (MAYOR) APPOINTING HIM, AND UNTIL THE APPOINTMENT AND
    19  QUALIFICATION OF HIS SUCCESSOR. NO MEMBER OF MUNICIPAL COUNCIL
    20  SHALL HEAD A DEPARTMENT.
    21     (D)  THE EXECUTIVE (MAYOR) MAY, IN HIS DISCRETION, REMOVE ANY
    22  DEPARTMENT HEAD AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD.
    23  PRIOR TO REMOVING A DEPARTMENT HEAD, THE EXECUTIVE (MAYOR) SHALL
    24  FIRST FILE WRITTEN NOTICE OF HIS INTENTION WITH THE COUNCIL, AND
    25  SUCH REMOVAL SHALL BECOME EFFECTIVE ON THE TWENTIETH DAY AFTER
    26  THE FILING OF SUCH NOTICE.
    27     (E)  DEPARTMENT HEADS SHALL APPOINT SUBORDINATE OFFICERS AND
    28  EMPLOYES WITHIN THEIR DEPARTMENTS UNDER PROCEDURES ESTABLISHED
    29  IN SECTION 1222 OF THIS ACT.
    30     SECTION 525.  WHERE A DEPARTMENT OF ADMINISTRATION IS
    19710S0752B1690                 - 44 -

     1  ESTABLISHED, IT SHALL BE HEADED BY A DIRECTOR.  HE SHALL BE
     2  CHOSEN SOLELY ON THE BASIS OF HIS EXECUTIVE AND ADMINISTRATIVE
     3  QUALIFICATIONS WITH SPECIAL REFERENCE TO HIS ACTUAL EXPERIENCE
     4  IN, OR HIS KNOWLEDGE OF, ACCEPTED PRACTICE IN RESPECT TO THE
     5  DUTIES OF HIS OFFICE AS HEREINAFTER SET FORTH. AT THE TIME OF
     6  HIS APPOINTMENT, HE NEED NOT BE A RESIDENT OF THE MUNICIPALITY
     7  OR STATE. HE SHALL HAVE, EXERCISE AND DISCHARGE THE FUNCTIONS,
     8  POWERS AND DUTIES OF THE DEPARTMENT. THE DEPARTMENT, UNDER THE
     9  DIRECTION AND SUPERVISION OF THE EXECUTIVE (MAYOR), SHALL:
    10     (1)  ASSIST IN THE PREPARATION OF THE BUDGET;
    11     (2)  ADMINISTER A CENTRALIZED PURCHASING SYSTEM;
    12     (3)  ESTABLISH AND ADMINISTER A CENTRALIZED PERSONNEL SYSTEM;
    13     (4)  ESTABLISH AND MAINTAIN A CENTRALIZED ACCOUNTING SYSTEM
    14  WHICH SHALL BE SO DESIGNED AS TO ACCURATELY REFLECT THE ASSETS,
    15  LIABILITIES, RECEIPTS, AND EXPENDITURES OF THE MUNICIPALITY;
    16     (5)  PERFORM SUCH OTHER DUTIES AS COUNCIL MAY PRESCRIBE
    17  THROUGH AN ADMINISTRATIVE CODE OR AS THE EXECUTIVE (MAYOR) SHALL
    18  DIRECT.
    19                             D.  BUDGET
    20     SECTION 531.  THE MUNICIPAL BUDGET SHALL BE PREPARED BY THE
    21  EXECUTIVE (MAYOR) WITH THE ASSISTANCE OF THE DIRECTOR OF THE
    22  DEPARTMENT OF ADMINISTRATION, OR OTHER OFFICER DESIGNATED BY THE
    23  EXECUTIVE (MAYOR).
    24     SECTION 532.  THE BUDGET SHALL BE IN SUCH FORM AS IS REQUIRED
    25  BY COUNCIL, AND SHALL HAVE APPENDED THERETO A DETAILED ANALYSIS
    26  OF THE VARIOUS ITEMS OF EXPENDITURE AND REVENUE. THE BUDGET AS
    27  SUBMITTED AND ADOPTED MUST BE BALANCED. COUNCIL MAY REDUCE ANY
    28  ITEM OR ITEMS IN THE EXECUTIVE'S (MAYOR'S) BUDGET BY A VOTE OF A
    29  MAJORITY OF THE COUNCIL, BUT AN INCREASE IN ANY ITEM OR ITEMS
    30  THEREIN SHALL BECOME EFFECTIVE ONLY UPON AN AFFIRMATIVE VOTE OF
    19710S0752B1690                 - 45 -

     1  A MAJORITY PLUS ONE OF THE MEMBERS OF COUNCIL.
     2     COUNCIL SHALL, UPON THE INTRODUCTION OF THE PROPOSED BUDGET,
     3  FIX A DATE FOR ADOPTION THEREOF, WHICH SHALL EXCEPT AS OTHERWISE
     4  PROVIDED BE NOT LATER THAN THE THIRTY-FIRST DAY OF DECEMBER
     5  IMMEDIATELY FOLLOWING.
     6     SECTION 533.  DURING THE MONTH OF JANUARY NEXT FOLLOWING ANY
     7  MUNICIPAL ELECTION, THE EXECUTIVE (MAYOR) MAY SUBMIT AN AMENDED
     8  BUDGET TO COUNCIL AND COUNCIL SHALL CONSIDER IT IN THE SAME
     9  MANNER AS PROVIDED IN SECTION 532, BUT FINAL CONSIDERATION OF
    10  THE AMENDED BUDGET SHALL BE COMPLETED BY FEBRUARY 15 OF THE SAME
    11  YEAR.
    12     SECTION 534.  COUNCIL SHALL HAVE THE POWER TO AMEND THE
    13  BUDGET DURING THE MONTH OF JANUARY NEXT FOLLOWING ANY MUNICIPAL
    14  ELECTION. FINAL ADOPTION OF THE AMENDED BUDGET SHALL BE
    15  COMPLETED BY FEBRUARY 15 OF THE SAME YEAR.
    16                             ARTICLE VI
    17        OPTIONAL PLAN:  EXECUTIVE (MAYOR)  -  COUNCIL PLAN B
    18     SECTION 601.  THE FORM OF GOVERNMENT PROVIDED IN THIS ARTICLE
    19  SHALL BE KNOWN AS THE "EXECUTIVE (MAYOR) - COUNCIL PLAN B" AND
    20  SHALL, TOGETHER WITH ARTICLES IV, V, AND XII, WITH THE EXCEPTION
    21  OF SUBSECTION 524 (B), GOVERN ANY MUNICIPALITY, THE VOTERS OF
    22  WHICH HAVE ADOPTED IT PURSUANT TO THIS ACT.
    23     SECTION 602.  THE MUNICIPALITY SHALL HAVE A DEPARTMENT OF
    24  ADMINISTRATION AND SHALL HAVE SUCH OTHER DEPARTMENTS AS COUNCIL
    25  MAY ESTABLISH BY ORDINANCE. ALL OF THE ADMINISTRATIVE FUNCTIONS,
    26  POWERS AND DUTIES OF THE MUNICIPALITY, OTHER THAN THOSE VESTED
    27  IN THE OFFICE OF THE CLERK, TREASURER, IF ELECTED, AND
    28  CONTROLLER, SHALL BE ALLOCATED AND ASSIGNED AMONG AND WITHIN
    29  SUCH DEPARTMENTS EXCEPT THAT THE FUNCTIONS SPECIFIED IN SECTION
    30  525 OF THIS ACT SHALL BE ASSIGNED TO THE DEPARTMENT OF
    19710S0752B1690                 - 46 -

     1  ADMINISTRATION.
     2     SECTION 603.  IT IS THE INTENT AND PURPOSE OF EXECUTIVE
     3  (MAYOR) - COUNCIL PLAN B TO MANDATE THE ESTABLISHMENT OF A
     4  DEPARTMENT OF ADMINISTRATION.
     5                            ARTICLE VII
     6        OPTIONAL PLAN:  EXECUTIVE (MAYOR)  -  COUNCIL PLAN C
     7     SECTION 701.  THE FORM OF GOVERNMENT PROVIDED IN THIS ARTICLE
     8  SHALL BE KNOWN AS THE "EXECUTIVE (MAYOR) - COUNCIL PLAN C" AND
     9  SHALL, TOGETHER WITH ARTICLES IV, V AND XII WITH THE EXCEPTION
    10  OF SECTION 522 OF THIS ACT, GOVERN ANY MUNICIPALITY, THE VOTERS
    11  OF WHICH HAVE ADOPTED IT PURSUANT TO THIS ACT.
    12     SECTION 702.  THE EXECUTIVE (MAYOR) SHALL ENFORCE THE PLAN
    13  AND ORDINANCES OF THE MUNICIPALITY AND ALL GENERAL LAWS
    14  APPLICABLE THERETO. HE SHALL, ANNUALLY, REPORT TO THE COUNCIL
    15  AND THE PUBLIC ON THE WORK OF THE PREVIOUS YEAR AND ON THE
    16  CONDITION AND REQUIREMENTS OF THE MUNICIPAL GOVERNMENT AND
    17  SHALL, FROM TIME TO TIME, MAKE SUCH RECOMMENDATIONS FOR ACTION
    18  BY THE COUNCIL AS HE MAY DEEM IN THE PUBLIC INTEREST.
    19     SECTION 703.  THE EXECUTIVE (MAYOR) SHALL APPOINT, WITH THE
    20  ADVICE AND CONSENT OF THE COUNCIL, A MANAGING DIRECTOR WHO SHALL
    21  EXERCISE SUPERVISION OVER ALL ACTIVITIES OF THE DEPARTMENTS OF
    22  CITY GOVERNMENT AND WHO SHALL BE THE CONTACT OFFICER BETWEEN THE
    23  MAYOR AND SUCH DEPARTMENTS. THE MANAGING DIRECTOR SHALL MAKE
    24  PERIODIC REPORTS WITH SUCH RECOMMENDATIONS AS HE DEEMS
    25  APPROPRIATE TO THE EXECUTIVE (MAYOR) CONCERNING THE AFFAIRS OF
    26  MUNICIPAL GOVERNMENT AND PARTICULARLY OF THOSE DEPARTMENTS UNDER
    27  HIS JURISDICTION.
    28     THE EXECUTIVE (MAYOR) MAY, IN HIS DISCRETION, REMOVE A         <--
    29  MANAGING DIRECTOR AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD.
    30  PRIOR TO REMOVING A MANAGING DIRECTOR, THE EXECUTIVE (MAYOR)
    19710S0752B1690                 - 47 -

     1  SHALL FIRST FILE WRITTEN NOTICE OF HIS INTENTION WITH THE
     2  COUNCIL, AND SUCH REMOVAL SHALL BECOME EFFECTIVE ON THE
     3  TWENTIETH DAY AFTER THE FILING OF SUCH NOTICE.
     4                            ARTICLE VIII
     5                OPTIONAL PLAN:  COUNCIL-MANAGER PLAN
     6             A.  FORM OF GOVERNMENT:  ELECTED OFFICIALS
     7     SECTION 801.  THE FORM OF GOVERNMENT PROVIDED IN THIS ARTICLE
     8  SHALL BE KNOWN AS THE "COUNCIL-MANAGER PLAN" AND SHALL, TOGETHER
     9  WITH ARTICLES IV AND XII, GOVERN ANY MUNICIPALITY, THE VOTERS OF
    10  WHICH HAVE ADOPTED THIS PLAN PURSUANT TO THIS ACT.
    11     SECTION 802.  EACH MUNICIPALITY UNDER THIS ARTICLE SHALL BE
    12  GOVERNED BY AN ELECTED COUNCIL ONE MEMBER OF WHICH SHALL BE AN
    13  ELECTED MAYOR CHOSEN AS PROVIDED IN SECTIONS 213 AND 811, AN
    14  ELECTED CONTROLLER, AN ELECTED DISTRICT ATTORNEY IN THE CASE OF
    15  COUNTIES, AN APPOINTED MUNICIPAL MANAGER, AND, WHEN RECOMMENDED
    16  BY THE CHARTER COMMISSION AND ADOPTED BY THE VOTERS AN ELECTED
    17  TREASURER AND BY SUCH OTHER OFFICERS AND EMPLOYES AS MAY BE DULY
    18  APPOINTED PURSUANT TO THIS ARTICLE, GENERAL LAW OR ORDINANCE.
    19     SECTION 803.  THE CONTROLLER, THE DISTRICT ATTORNEY IN THE
    20  CASE OF COUNTIES AND THE TREASURER, IF PROVIDED FOR AND IF
    21  ELECTED, SHALL BE ELECTED BY THE VOTERS OF THE MUNICIPALITY AT A
    22  REGULAR MUNICIPAL ELECTION, AND SHALL SERVE FOR A TERM OF FOUR
    23  YEARS BEGINNING THE FIRST MONDAY OF JANUARY NEXT FOLLOWING HIS
    24  ELECTION.
    25     SECTION 804.  THE MUNICIPAL COUNCIL SHALL CONSIST OF FIVE
    26  MEMBERS UNLESS, PURSUANT TO THE AUTHORITY GRANTED UNDER SECTION
    27  213 OF THIS ACT, THE MUNICIPALITY SHALL BE GOVERNED BY A COUNCIL
    28  OF SEVEN OR NINE MEMBERS. MEMBERS OF THE MUNICIPAL COUNCIL SHALL
    29  BE ELECTED, AT LARGE, BY THE VOTERS OF THE MUNICIPALITY, UNLESS,
    30  PURSUANT TO THE AUTHORITY GRANTED UNDER SECTION 213 OF THIS ACT,
    19710S0752B1690                 - 48 -

     1  MEMBERS SHALL BE ELECTED ON A DISTRICT BASIS IN WHICH EACH
     2  DISTRICT IS AS EQUAL IN POPULATION AS IS FEASIBLE, OR ON A
     3  COMBINATION AT LARGE AND DISTRICT BASIS AS DETERMINED BY THE
     4  CHARTER STUDY COMMISSION OR AS SPECIFIED IN AN INITIATIVE
     5  PETITION OR ORDINANCE OF THE GOVERNING BODY UNDER THE PROVISIONS
     6  OF SECTION 231 THROUGH SECTION 233 OF THIS ACT, AT A REGULAR
     7  MUNICIPAL ELECTION, AND SHALL SERVE FOR A TERM OF FOUR YEARS,
     8  EXCEPT AS HEREINAFTER PROVIDED FOR THOSE FIRST ELECTED,
     9  BEGINNING ON THE FIRST MONDAY OF JANUARY NEXT FOLLOWING THEIR
    10  ELECTION.
    11     SECTION 805.  AT THE FIRST MUNICIPAL ELECTION FOLLOWING THE
    12  ADOPTION BY A MUNICIPALITY OF THIS CHARTER PLAN, COUNCILMEN
    13  SHALL BE ELECTED AND SHALL SERVE FOR THE TERMS AS PROVIDED IN
    14  SECTION 1262 OF THIS ACT.
    15                            B.  COUNCIL
    16     SECTION 811.  (A) ON THE FIRST MONDAY OF JANUARY FOLLOWING
    17  THE REGULAR MUNICIPAL ELECTION, THE MEMBERS OF THE MUNICIPAL
    18  COUNCIL SHALL ASSEMBLE AT THE USUAL PLACE OF MEETING AND
    19  ORGANIZE AND CHOOSE ONE OF THEIR NUMBER AS MAYOR UNLESS
    20  OTHERWISE PROVIDED. THE MAYOR SHALL BE CHOSEN BY BALLOT BY
    21  MAJORITY VOTE OF ALL MEMBERS OF THE MUNICIPAL COUNCIL. IF THE
    22  MEMBERS SHALL BE UNABLE, WITHIN FIVE BALLOTS TO BE TAKEN WITHIN
    23  TWO DAYS OF SAID ORGANIZATION MEETING, TO ELECT A MAYOR, THEN
    24  THE MEMBER WHO IN THE ELECTION FOR MEMBERS OF THE MUNICIPAL
    25  COUNCIL RECEIVED THE GREATEST NUMBER OF VOTES SHALL BE THE
    26  MAYOR. SHOULD SUCH PERSON DECLINE TO ACCEPT THE OFFICE, THEN THE
    27  PERSON RECEIVING THE NEXT HIGHEST VOTE SHALL BE THE MAYOR, AND
    28  SO ON, UNTIL THE OFFICE IS FILLED. THE MAYOR SHALL PRESIDE AT
    29  ALL MEETINGS OF THE MUNICIPAL COUNCIL AND SHALL HAVE A VOICE AND
    30  VOTE IN ITS PROCEEDINGS.
    19710S0752B1690                 - 49 -

     1     (B)  ON THE RECOMMENDATION OF THE GOVERNMENT STUDY COMMISSION
     2  AS PROVIDED IN SECTION 213, OR AS SPECIFIED IN AN INITIATIVE
     3  PETITION OR ORDINANCE OF THE GOVERNING BODY AS AUTHORIZED BY
     4  SECTION 231 THROUGH SECTION 233 OF THIS ACT, THE MAYOR SHALL BE
     5  ELECTED DIRECTLY BY THE VOTERS OF THE MUNICIPALITY AT THE
     6  REGULAR MUNICIPAL ELECTION IN LIEU OF BEING CHOSEN AS PROVIDED
     7  IN SUBSECTION (A) OF THIS SECTION.
     8     SECTION 812.  A MUNICIPAL CLERK OR SECRETARY SHALL BE
     9  APPOINTED IN THE MANNER SET FORTH IN THE ADMINISTRATIVE CODE AS
    10  PROVIDED IN SECTION 1246 OF THIS ACT. THE MUNICIPAL CLERK OR
    11  SECRETARY SHALL SERVE AS CLERK OF THE COUNCIL, KEEP ITS MINUTES
    12  AND RECORDS OF ITS PROCEEDINGS, MAINTAIN AND COMPILE ITS
    13  ORDINANCES AND RESOLUTIONS AS THIS ACT REQUIRES, AND PERFORM
    14  SUCH FUNCTIONS AS MAY BE REQUIRED BY LAW OR BY LOCAL ORDINANCE.
    15  THE MUNICIPAL CLERK SHALL, PRIOR TO HIS APPOINTMENT, HAVE BEEN
    16  QUALIFIED BY TRAINING OR EXPERIENCE TO PERFORM THE DUTIES OF THE
    17  OFFICE.
    18     SECTION 813.  (A) ALL POWERS AS PROVIDED BY LAWS APPLICABLE
    19  TO THAT CLASS OF MUNICIPALITY SHALL BE VESTED IN THE MUNICIPAL
    20  COUNCIL, EXCEPT AS OTHERWISE PROVIDED BY THIS ARTICLE, AND THE
    21  COUNCIL SHALL PROVIDE FOR THE EXERCISE THEREOF AND FOR THE
    22  PERFORMANCE OF ALL DUTIES AND OBLIGATIONS IMPOSED ON THE
    23  MUNICIPALITY BY LAW.
    24     (B)  THE COUNCIL SHALL BY ORDINANCE ADOPT AN ADMINISTRATIVE
    25  CODE DEFINING THE RESPONSIBILITIES OF THE MUNICIPAL DEPARTMENTS
    26  AND AGENCIES AS IT DEEMS NECESSARY AND PROPER FOR THE EFFICIENT
    27  CONDUCT OF MUNICIPAL AFFAIRS.
    28     (C)  THE MUNICIPAL COUNCIL SHALL APPOINT A MUNICIPAL MANAGER.
    29  THE OFFICE OF MUNICIPAL MANAGER AND MUNICIPAL CLERK OR SECRETARY
    30  MAY BE HELD BY THE SAME PERSON.
    19710S0752B1690                 - 50 -

     1     (D)  THE COUNCIL MAY MAKE INVESTIGATIONS INTO THE AFFAIRS OF
     2  THE MUNICIPALITY AND THE CONDUCT OF ANY MUNICIPAL DEPARTMENT,
     3  OFFICE OR AGENCY.
     4     (E)  THE MUNICIPAL COUNCIL SHALL CONTINUE OR CREATE, AND
     5  DETERMINE AND DEFINE, THE POWERS AND DUTIES OF SUCH EXECUTIVE
     6  AND ADMINISTRATIVE DEPARTMENTS, BOARDS, AND OFFICES, IN ADDITION
     7  TO THOSE PROVIDED FOR HEREIN, AS IT MAY DEEM NECESSARY FOR THE
     8  PROPER AND EFFICIENT CONDUCT OF THE AFFAIRS OF THE MUNICIPALITY
     9  INCLUDING THE OFFICE OF DEPUTY MANAGER. ANY DEPARTMENT, BOARD OR
    10  OFFICE SO CONTINUED OR CREATED MAY, AT ANY TIME, BE ABOLISHED BY
    11  THE MUNICIPAL COUNCIL. NO MEMBER OF MUNICIPAL COUNCIL SHALL HEAD
    12  AN ADMINISTRATIVE DEPARTMENT.
    13     (F)  IT IS THE INTENTION OF THIS ARTICLE THAT THE MUNICIPAL
    14  COUNCIL SHALL ACT IN ALL MATTERS AS A BODY, AND IT IS CONTRARY
    15  TO THE SPIRIT OF THIS ARTICLE FOR ANY OF ITS MEMBERS TO SEEK
    16  INDIVIDUALLY TO INFLUENCE THE OFFICIAL ACTS OF THE MUNICIPAL
    17  MANAGER, OR ANY OTHER OFFICER, OR FOR THE COUNCIL OR ANY OF ITS
    18  MEMBERS TO DIRECT OR REQUEST THE APPOINTMENT OF ANY PERSON TO,
    19  OR HIS REMOVAL FROM OFFICE, OR TO INTERFERE IN ANY WAY WITH THE
    20  PERFORMANCE BY SUCH OFFICERS OF THEIR DUTIES. THE COUNCIL AND
    21  ITS MEMBERS SHALL DEAL WITH THE ADMINISTRATIVE SERVICE SOLELY
    22  THROUGH THE MUNICIPAL MANAGER AND SHALL NOT GIVE ORDERS TO ANY
    23  SUBORDINATES OF THE MUNICIPAL MANAGER, EITHER PUBLICLY OR
    24  PRIVATELY. NOTHING HEREIN CONTAINED SHALL PREVENT THE MUNICIPAL
    25  COUNCIL FROM APPOINTING COMMITTEES OR COMMISSIONS OF ITS OWN
    26  MEMBERS OR OF CITIZENS TO CONDUCT INVESTIGATIONS INTO THE
    27  CONDUCT OF ANY OFFICER OR DEPARTMENT, OR ANY MATTER RELATING TO
    28  THE WELFARE OF THE MUNICIPALITY, AND DELEGATING TO SUCH
    29  COMMITTEES OR COMMISSIONS SUCH POWERS OF INQUIRY AS THE
    30  MUNICIPAL COUNCIL MAY DEEM NECESSARY. ANY COUNCILMAN VIOLATING    <--
    19710S0752B1690                 - 51 -

     1  ANY OF THE PROVISIONS OF THIS SECTION IS GUILTY OF MISDEMEANOR
     2  IN OFFICE, AND UPON CONVICTION THEREOF IN A COURT OF COMPETENT
     3  JURISDICTION, SHALL BE DISQUALIFIED AND FORFEIT HIS OFFICE AS
     4  COUNCILMAN.
     5                       C.  MUNICIPAL MANAGER
     6     SECTION 821.  THE MUNICIPAL MANAGER SHALL BE CHOSEN BY THE
     7  COUNCIL SOLELY ON THE BASIS OF HIS EXECUTIVE AND ADMINISTRATIVE   <--
     8  QUALIFICATIONS. WITH SPECIAL REFERENCE TO HIS ACTUAL EXPERIENCE   <--
     9  IN, OR HIS KNOWLEDGE OF, ACCEPTED PRACTICE IN RESPECT TO THE
    10  DUTIES OF HIS OFFICE AS HEREINAFTER SET FORTH. AT THE TIME OF
    11  HIS APPOINTMENT, HE NEED NOT BE A RESIDENT OF THE MUNICIPALITY
    12  OR STATE. THE MUNICIPAL MANAGER SHALL NOT HOLD ANY ELECTIVE
    13  GOVERNMENTAL OFFICE.
    14     SECTION 822.  THE MUNICIPAL MANAGER SHALL HOLD OFFICE BE       <--
    15  APPOINTED FOR AN INDEFINITE TERM, AND MAY BE REMOVED BY A
    16  MAJORITY VOTE OF THE COUNCIL. AT LEAST THIRTY DAYS BEFORE SUCH
    17  REMOVAL SHALL BECOME EFFECTIVE, THE COUNCIL SHALL NOTIFY THE      <--
    18  MUNICIPAL MANAGER OF ITS DECISION TO REMOVE HIM FROM OFFICE, BY
    19  A MAJORITY VOTE OF ITS MEMBERS, ADOPT A PRELIMINARY RESOLUTION    <--
    20  STATING THE REASONS FOR HIS REMOVAL. THE MUNICIPAL MANAGER MAY
    21  REPLY IN WRITING AND MAY REQUEST A PUBLIC HEARING, WHICH SHALL
    22  BE HELD NOT EARLIER THAN TWENTY DAYS NOR LATER THAN THIRTY DAYS
    23  AFTER THE FILING OF SUCH REQUEST.  AFTER SUCH PUBLIC HEARING, IF
    24  ONE BE REQUESTED, AND AFTER FULL CONSIDERATION, THE COUNCIL BY
    25  MAJORITY VOTE OF ITS MEMBERS MAY ADOPT A FINAL RESOLUTION OF
    26  REMOVAL. BY THE THE PRELIMINARY RESOLUTION, THE COUNCIL MAY       <--
    27  SUSPEND THE MUNICIPAL MANAGER FROM DUTY, BUT SHALL, IN ANY CASE,
    28  CAUSE TO BE PAID HIM FORTHWITH ANY UNPAID BALANCE OF HIS SALARY
    29  AND HIS SALARY FOR THE NEXT THREE CALENDAR MONTHS. FOLLOWING      <--
    30  ADOPTION OF THE PRELIMINARY RESOLUTION.
    19710S0752B1690                 - 52 -

     1     SECTION 823.  THE MUNICIPAL MANAGER MAY DESIGNATE A QUALIFIED
     2  ADMINISTRATIVE OFFICER OF THE MUNICIPALITY TO PERFORM HIS DUTIES
     3  DURING HIS TEMPORARY ABSENCE OR DISABILITY. IN THE EVENT OF HIS
     4  FAILURE TO MAKE SUCH DESIGNATION, OR IF THE ABSENCE OR
     5  DISABILITY CONTINUES MORE THAN THIRTY DAYS, THE COUNCIL MAY, BY   <--
     6  RESOLUTION, APPOINT AN OFFICER OF THE MUNICIPALITY TO PERFORM
     7  THE DUTIES OF THE MANAGER DURING SUCH ABSENCE OR DISABILITY
     8  UNTIL HE SHALL RETURN OR HIS DISABILITY SHALL CEASE.
     9     SECTION 824.  THE MUNICIPAL MANAGER SHALL:
    10     (1)  BE THE CHIEF EXECUTIVE AND ADMINISTRATIVE OFFICIAL OF
    11  THE MUNICIPALITY.
    12     (2)  EXECUTE ALL LAWS AND ORDINANCES OF THE MUNICIPALITY.
    13     (3)  APPOINT AND HAVE POWER TO REMOVE DEPARTMENT HEADS, A
    14  DEPUTY MANAGER, IF ONE BE AUTHORIZED BY COUNCIL, AND APPOINT
    15  SUBORDINATE OFFICERS AND EMPLOYES UNDER PROCEDURES ESTABLISHED
    16  IN SECTION 1222 OF THIS ACT.
    17     (4)  NEGOTIATE CONTRACTS FOR THE MUNICIPALITY, SUBJECT TO THE
    18  APPROVAL OF THE MUNICIPAL COUNCIL, MAKE RECOMMENDATIONS
    19  CONCERNING THE NATURE AND LOCATION OF MUNICIPAL IMPROVEMENTS,
    20  AND EXECUTE MUNICIPAL IMPROVEMENTS AS DETERMINED BY THE
    21  MUNICIPAL COUNCIL.
    22     (5)  SEE THAT ALL TERMS AND CONDITIONS IMPOSED IN FAVOR OF
    23  THE MUNICIPALITY OR ITS INHABITANTS IN ANY STATUTE, PUBLIC
    24  UTILITY FRANCHISE OR OTHER CONTRACT ARE FAITHFULLY KEPT AND
    25  PERFORMED, AND UPON KNOWLEDGE OF ANY VIOLATION, CALL THE SAME TO
    26  THE ATTENTION OF THE MUNICIPAL COUNCIL.
    27     (6)  PREPARE AGENDA FOR AND ATTEND ALL MEETINGS OF THE
    28  MUNICIPAL COUNCIL WITH THE RIGHT TO TAKE PART IN THE
    29  DISCUSSIONS, BUT WITHOUT THE RIGHT TO VOTE.
    30     (7)  MAKE SUCH RECOMMENDATIONS TO THE COUNCIL CONCERNING
    19710S0752B1690                 - 53 -

     1  POLICY FORMULATION AS HE DEEMS DESIRABLE AND KEEP THE COUNCIL
     2  AND THE PUBLIC INFORMED AS TO THE CONDUCT OF MUNICIPAL AFFAIRS.
     3     (8)  PREPARE AND SUBMIT THE ANNUAL BUDGET TO THE COUNCIL
     4  TOGETHER WITH SUCH EXPLANATORY COMMENT AS HE MAY DEEM DESIRABLE,
     5  AND ADMINISTER THE COUNCIL APPROVED BUDGET.
     6     (9)  PERFORM SUCH OTHER DUTIES AS MAY BE REQUIRED OF THE
     7  MUNICIPAL MANAGER BY ORDINANCE OR RESOLUTION OF THE MUNICIPAL
     8  COUNCIL.
     9     (10)  BE RESPONSIBLE TO THE COUNCIL FOR CARRYING OUT ALL
    10  POLICIES ESTABLISHED BY IT AND FOR THE PROPER ADMINISTRATION OF
    11  ALL AFFAIRS OF THE MUNICIPALITY WITHIN THE JURISDICTION OF THE
    12  COUNCIL.
    13                             D.  BUDGET
    14     SECTION 825.  THE MUNICIPAL MANAGER SHALL SUBMIT TO COUNCIL
    15  HIS RECOMMENDED BUDGET, TOGETHER WITH SUCH EXPLANATORY COMMENT
    16  OR STATEMENT AS HE MAY DEEM DESIRABLE. THE BUDGET SHALL BE IN
    17  SUCH FORM AS IS REQUIRED BY COUNCIL FOR MUNICIPAL BUDGETS, AND
    18  SHALL IN ADDITION HAVE APPENDED THERETO DETAILED ANALYSIS OF THE
    19  VARIOUS ITEMS OF EXPENDITURE AND REVENUE. THE BUDGET AS
    20  SUBMITTED AND ADOPTED MUST BE BALANCED. COUNCIL SHALL UPON
    21  INTRODUCTION OF THE PROPOSED BUDGET FIX A DATE FOR ADOPTION
    22  THEREOF WHICH SHALL BE NOT LATER THAN THE THIRTY-FIRST DAY OF
    23  DECEMBER IMMEDIATELY FOLLOWING.
    24     SECTION 826.  DURING THE MONTH OF JANUARY NEXT FOLLOWING ANY
    25  MUNICIPAL ELECTION, COUNCIL MAY REQUEST THE MANAGER TO SUBMIT AN
    26  AMENDED BUDGET TO COUNCIL WHICH SHALL CONSIDER IT IN THE SAME
    27  MANNER AS PROVIDED IN SECTION 825, EXCEPT THAT FINAL ADOPTION OF
    28  THE AMENDED BUDGET SHALL NOT BE LATER THAN FEBRUARY 15 OF THE
    29  SAME YEAR.
    30                             ARTICLE IX
    19710S0752B1690                 - 54 -

     1              OPTIONAL PLAN:  SMALL MUNICIPALITY PLAN
     2                      A.  FORM OF GOVERNMENT:
     3                         ELECTED OFFICIALS
     4     SECTION 901.  THE FORM OF GOVERNMENT PROVIDED IN THIS ARTICLE
     5  SHALL BE KNOWN AS THE "SMALL MUNICIPALITY PLAN." IT MAY BE
     6  ADOPTED BY ANY MUNICIPALITY HAVING A POPULATION OF LESS THAN
     7  FIVE THOUSAND SEVEN THOUSAND FIVE HUNDRED INHABITANTS BY THE      <--
     8  LAST FEDERAL CENSUS. THE PLAN TOGETHER WITH ARTICLES IV AND XII
     9  OF THIS ACT SHALL GOVERN ANY MUNICIPALITY THE VOTERS OF WHICH
    10  HAVE ADOPTED IT PURSUANT TO THIS ACT.
    11     SECTION 902.  EACH MUNICIPALITY SHALL BE GOVERNED BY AN
    12  ELECTED EXECUTIVE (MAYOR) AND COUNCILMEN, AN ELECTED CONTROLLER,
    13  AN ELECTED DISTRICT ATTORNEY IN THE CASE OF COUNTIES AND SUCH
    14  OTHER OFFICERS AS SHALL BE APPOINTED PURSUANT TO THIS ARTICLE,
    15  GENERAL LAW OR ORDINANCE.
    16                            B.  COUNCIL
    17     SECTION 911.  THE COUNCIL SHALL CONSIST OF THE EXECUTIVE
    18  (MAYOR), WHO SHALL BE ELECTED AT LARGE, AND TWO COUNCILMEN
    19  UNLESS PURSUANT TO THE AUTHORITY GRANTED UNDER SECTION 213 OF
    20  THIS ACT THE MUNICIPALITY SHALL BE GOVERNED BY AN EXECUTIVE
    21  (MAYOR) AND FOUR COUNCILMEN, AND AN EXECUTIVE (MAYOR) AND SIX     <--
    22  COUNCILMEN, OR AN EXECUTIVE (MAYOR) AND EIGHT COUNCILMEN.
    23  MEMBERS OF THE COUNCIL SHALL BE ELECTED AT LARGE, UNLESS,
    24  PURSUANT TO THE AUTHORITY GRANTED UNDER SECTION 213 OF THIS ACT,
    25  MEMBERS SHALL BE ELECTED ON A DISTRICT BASIS IN WHICH EACH
    26  DISTRICT IS AS EQUAL IN POPULATION AS IS FEASIBLE, OR ON A
    27  COMBINATION AT LARGE AND DISTRICT BASIS AS DETERMINED BY THE
    28  CHARTER STUDY COMMISSION OR AS SPECIFIED IN AN INITIATIVE
    29  PETITION OR ORDINANCE OF THE GOVERNING BODY UNDER THE PROVISIONS
    30  OF SECTION 231 THROUGH SECTION 233 OF THIS ACT, AT A REGULAR
    19710S0752B1690                 - 55 -

     1  MUNICIPAL ELECTION BY THE VOTERS OF THE MUNICIPALITY AND SHALL
     2  SERVE A TERM OF FOUR YEARS BEGINNING ON THE FIRST MONDAY IN
     3  JANUARY NEXT FOLLOWING THEIR ELECTION, EXCEPT AS HEREINAFTER
     4  PROVIDED FOR THOSE FIRST ELECTED.
     5     SECTION 912.  ON THE FIRST MONDAY OF JANUARY FOLLOWING THE
     6  REGULAR MUNICIPAL ELECTION, THE MEMBERS OF THE COUNCIL SHALL
     7  ASSEMBLE AT THE USUAL PLACE OF MEETING AND ORGANIZE. THE
     8  EXECUTIVE (MAYOR) SHALL PRESIDE AT ALL MEETINGS OF THE COUNCIL
     9  AND SHALL HAVE A VOICE AND VOTE ON ITS PROCEEDINGS. THE COUNCIL
    10  SHALL SELECT FROM AMONG ITS MEMBERS A PRESIDENT OF THE COUNCIL
    11  WHO SHALL SERVE IN PLACE OF THE EXECUTIVE (MAYOR) IN THE EVENT
    12  OF HIS ABSENCE OR DISABILITY.
    13     SECTION 913.  THE LEGISLATIVE POWER OF THE MUNICIPALITY SHALL
    14  BE EXERCISED BY THE COUNCIL, EXCEPT AS MAY BE OTHERWISE PROVIDED
    15  BY GENERAL LAW. A MAJORITY OF THE WHOLE NUMBER OF THE COUNCIL
    16  SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS, BUT A
    17  SMALLER NUMBER MAY MEET AND ADJOURN FROM TIME TO TIME.
    18     SECTION 914.  (A) A MUNICIPAL CLERK OR SECRETARY SHALL BE
    19  APPOINTED IN THE MANNER SET FORTH IN THE ADMINISTRATIVE CODE, AS
    20  PROVIDED IN SECTION 1246 OF THIS ACT.  THE MUNICIPAL CLERK OR
    21  SECRETARY SHALL SERVE AS CLERK OF THE COUNCIL, KEEP ITS MINUTES
    22  AND RECORDS OF ITS PROCEEDINGS, MAINTAIN AND COMPILE ITS
    23  ORDINANCES AND RESOLUTIONS AS THIS ACT REQUIRES, AND PERFORM
    24  SUCH FUNCTIONS AS MAY BE REQUIRED BY LAW. THE CLERK SHALL, PRIOR
    25  TO HIS APPOINTMENT, HAVE BEEN QUALIFIED BY TRAINING OR
    26  EXPERIENCE TO PERFORM THE DUTIES OF THE OFFICE.
    27     (B)  THE COUNCIL MAY CONSISTENT WITH ACTS OF THE GENERAL
    28  ASSEMBLY APPLICABLE TO THAT CLASS OR CLASSES OF MUNICIPALITY
    29  PROVIDE FOR THE MANNER OF APPOINTMENT OF A SOLICITOR, ANY
    30  PLANNING BOARD, ZONING BOARD OF ADJUSTMENT OR PERSONNEL BOARD IN
    19710S0752B1690                 - 56 -

     1  THE MUNICIPALITY AND MAY CREATE COMMISSIONS AND OTHER BODIES
     2  WITH ADVISORY POWERS.
     3              C.  EXECUTIVE (MAYOR) AND ADMINISTRATION
     4     SECTION 921.  THE EXECUTIVE POWER OF THE MUNICIPALITY SHALL
     5  BE EXERCISED BY THE EXECUTIVE (MAYOR). IT SHALL BE HIS DUTY TO
     6  SEE THAT ALL LAWS AND ORDINANCES IN FORCE AND EFFECT WITHIN THE
     7  MUNICIPALITY ARE OBSERVED. HE SHALL ADDRESS THE COUNCIL AND
     8  REPORT TO THE RESIDENTS ANNUALLY, AND AT SUCH OTHER TIMES AS HE
     9  MAY DEEM DESIRABLE, ON THE CONDITION OF THE MUNICIPALITY AND
    10  UPON ITS PROBLEMS OF GOVERNMENT. THE EXECUTIVE (MAYOR) SHALL
    11  ALSO APPOINT A FINANCE COMMITTEE OF THE COUNCIL, WHICH SHALL
    12  CONSIST OF ONE OR MORE COUNCILMEN, AND MAY APPOINT AND DESIGNATE
    13  OTHER COMMITTEES OF COUNCIL OF SIMILAR COMPOSITION.
    14     SECTION 922.  THE EXECUTIVE (MAYOR) SHALL APPOINT SUBORDINATE
    15  OFFICERS AND EMPLOYES WITH THE ADVICE AND CONSENT OF COUNCIL
    16  UNDER PROCEDURES ESTABLISHED IN SECTION 1222 OF THIS ACT, EXCEPT
    17  THAT IN MUNICIPALITIES COMMONLY KNOWN AS COUNTIES, THE OFFICE OF
    18  PROTHONOTARY AND CLERK OF COURTS, REGISTER OF WILLS AND CLERK OF
    19  ORPHANS COURT SHALL BE FILLED BY APPOINTMENT BY THE PRESIDENT
    20  JUDGE OF THE APPROPRIATE COURT WITH ADVICE AND CONSENT OF THE
    21  COUNCIL.
    22                             D.  BUDGET
    23     SECTION 941.  THE MUNICIPAL BUDGET SHALL BE PREPARED BY THE
    24  EXECUTIVE (MAYOR) AND SHALL BE SUBMITTED TO COUNCIL IN A FORM AS
    25  IS REQUIRED BY COUNCIL. THE BUDGET AS SUBMITTED AND ADOPTED MUST
    26  BE BALANCED. COUNCIL SHALL UPON INTRODUCTION OF THE PROPOSED
    27  BUDGET, FIX A DATE FOR ADOPTION THEREOF WHICH SHALL BE NOT LATER
    28  THAN THE THIRTY-FIRST DAY OF DECEMBER IMMEDIATELY FOLLOWING.
    29     SECTION 942.  DURING THE MONTH OF JANUARY NEXT FOLLOWING ANY
    30  MUNICIPAL ELECTION, THE EXECUTIVE (MAYOR), UPON HIS OWN
    19710S0752B1690                 - 57 -

     1  INITIATIVE OR AT THE REQUEST OF COUNCIL, MAY SUBMIT AN AMENDED
     2  BUDGET TO COUNCIL, WHICH SHALL CONSIDER IT IN THE SAME MANNER AS
     3  PROVIDED IN SECTION 941, EXCEPT FINAL ADOPTION OF THE AMENDED
     4  BUDGET SHALL NOT BE LATER THAN FEBRUARY 15 OF THE SAME YEAR.
     5                             ARTICLE X
     6                OPTIONAL PLAN:  OPTIONAL COUNTY PLAN
     7             A.  FORM OF GOVERNMENT:  ELECTED OFFICIALS
     8     SECTION 1001.  THE FORM OF GOVERNMENT PROVIDED IN THIS
     9  ARTICLE SHALL BE KNOWN AS THE "OPTIONAL COUNTY PLAN" AND SHALL,
    10  TOGETHER WITH ARTICLES IV AND XII GOVERN ANY COUNTY, THE VOTERS
    11  OF WHICH HAVE ADOPTED THIS PLAN PURSUANT TO THIS ACT. THIS
    12  OPTION SHALL BE AVAILABLE ONLY TO THOSE MUNICIPALITIES COMMONLY
    13  KNOWN AS "COUNTIES."
    14     SECTION 1002.  (A) THE COUNTY OFFICERS ARE:
    15     (1)  COUNTY COMMISSIONERS,
    16     (2)  CONTROLLER OR AUDITORS,
    17     (3)  DISTRICT ATTORNEYS,
    18     (4)  PUBLIC DEFENDERS,
    19     (5)  TREASURERS,
    20     (6)  SHERIFFS,
    21     (7)  REGISTERS OF WILLS,
    22     (8)  RECORDERS OF DEEDS,
    23     (9)  PROTHONOTARIES,
    24     (10) CLERKS OF THE COURTS.
    25     (B)  COUNTY OFFICERS, EXCEPT FOR PUBLIC DEFENDERS WHO SHALL
    26  BE APPOINTED AS PROVIDED BY LAW, SHALL BE ELECTED AT THE
    27  MUNICIPAL ELECTIONS AND SHALL HOLD THEIR OFFICES FOR THE TERM OF
    28  FOUR YEARS, BEGINNING ON THE FIRST MONDAY OF JANUARY NEXT AFTER
    29  THEIR ELECTION, AND UNTIL THEIR SUCCESSORS SHALL BE DULY
    30  QUALIFIED; ALL VACANCIES SHALL BE FILLED IN SUCH MANNER AS MAY
    19710S0752B1690                 - 58 -

     1  BE PROVIDED BY LAW.
     2     (C)  COUNTY OFFICERS SHALL BE PAID ONLY BY SALARY AS PROVIDED
     3  BY LAW FOR SERVICES PERFORMED FOR THE COUNTY OR ANY OTHER
     4  GOVERNMENTAL UNIT. FEES INCIDENTAL TO THE CONDUCT OF ANY COUNTY
     5  OFFICE SHALL BE PAYABLE DIRECTLY TO THE COUNTY OR THE
     6  COMMONWEALTH, OR AS OTHERWISE PROVIDED BY LAW.
     7     (D)  THREE COUNTY COMMISSIONERS SHALL BE ELECTED IN EACH
     8  COUNTY. IN THE ELECTION OF THESE OFFICERS EACH QUALIFIED ELECTOR
     9  SHALL VOTE FOR NOT MORE THAN TWO PERSONS, AND THE THREE PERSONS
    10  RECEIVING THE HIGHEST NUMBER OF VOTES SHALL BE ELECTED.
    11     (E)  THE CORONER OR MEDICAL EXAMINER SHALL BE A STATUTORY
    12  OFFICE ELECTED AT THE MUNICIPAL ELECTION AND SHALL HOLD THE
    13  OFFICE FOR THE TERM OF FOUR YEARS BEGINNING ON THE FIRST MONDAY
    14  OF JANUARY NEXT AFTER ELECTION, AND UNTIL THEIR SUCCESSORS SHALL
    15  BE DULY QUALIFIED; SHALL BE PAID ONLY BY SALARY AS PROVIDED BY
    16  LAW; ALL VACANCIES SHALL BE FILLED IN SUCH MANNER AS MAY BE
    17  PROVIDED BY LAW.
    18     (F)  JURY COMMISSIONERS SHALL BE STATUTORY OFFICERS AND SHALL
    19  BE ELECTED AT THE MUNICIPAL ELECTION AND SHALL HOLD THEIR OFFICE
    20  FOR THE TERM OF FOUR YEARS BEGINNING ON THE FIRST MONDAY OF
    21  JANUARY NEXT AFTER ELECTION AND UNTIL THEIR SUCCESSORS SHALL BE
    22  DULY QUALIFIED; THE SALARY BOARD SHALL FIX THEIR SALARY;
    23  VACANCIES SHALL BE FILLED BY THE PRESIDENT JUDGE OF THE COURT OF
    24  COMMON PLEAS.
    25     SECTION 1003.  ALL COUNTY OFFICERS MAY EXERCISE THOSE POWERS
    26  GRANTED BY GENERAL LAW TO COUNTY OFFICES OF THE CLASS OF COUNTY
    27  TO WHICH IT BELONGS.
    28                             ARTICLE XI
    29             ADDITIONAL COUNTY OPTION; ELECTED SHERIFF
    30     SECTION 1101.  A GOVERNMENT STUDY COMMISSION CREATED AND
    19710S0752B1690                 - 59 -

     1  CONSTITUTED AS PROVIDED IN ARTICLE II OF THIS ACT FOR THE
     2  MUNICIPALITY COMMONLY KNOWN AS COUNTIES, OR AN INITIATIVE
     3  PETITION OR ORDINANCE OF THE GOVERNING BODY AS AUTHORIZED BY
     4  SECTION 231 THROUGH SECTION 233 OF THIS ACT, MAY RECOMMEND AND
     5  CAUSE TO BE PLACED ON THE BALLOT AS A PART OF THE QUESTION
     6  SUBMITTED TO THE VOTERS FOR APPROVAL, ADDITIONAL OPTIONS AS PART
     7  OF THE OPTIONAL PLANS AS SET FORTH IN ARTICLE V, EXECUTIVE
     8  (MAYOR) - COUNCIL PLAN A; ARTICLE VI EXECUTIVE (MAYOR) - COUNCIL
     9  PLAN B; ARTICLE VII EXECUTIVE (MAYOR) - COUNCIL PLAN C; ARTICLE
    10  VIII COUNCIL-MANAGER PLAN; OR ARTICLE IX, SMALL MUNICIPALITIES
    11  PLAN, PROVIDING FOR THE ELECTION OF THE COUNTY SHERIFF.
    12     SECTION 1102.  IF THE OPTIONAL PLAN, INCLUDING AN ADDITIONAL
    13  OPTION OR OPTIONS AS PROVIDED IN SECTION 1101, IS APPROVED BY
    14  THE VOTERS, THE COUNTY SHALL BE GOVERNED BY THE PROVISIONS OF
    15  THE ARTICLE PROVIDING THE BASIC OPTIONAL PLAN AND BY THE
    16  PROVISIONS OF ARTICLES IV AND XII OF THIS ACT, EXCEPT THAT THE
    17  ELECTED SHERIFF SHALL BE SUBJECT TO THE PROVISIONS PERTAINING TO
    18  THAT OFFICE AS PROVIDED IN ARTICLE X OF THIS ACT.
    19                            ARTICLE XII
    20            GENERAL PROVISIONS COMMON TO OPTIONAL PLANS
    21                     A.  OFFICERS AND EMPLOYES
    22     SECTION 1201.  IN ANY CASE WHERE A MUNICIPAL OFFICER OR
    23  OFFICIAL ELECTED OR APPOINTED KNOWS OR BY THE EXERCISE OF
    24  REASONABLE DILIGENCE COULD KNOW THAT HE IS INTERESTED TO ANY
    25  APPRECIABLE DEGREE, EITHER DIRECTLY OR INDIRECTLY, IN ANY
    26  CONTRACT FOR THE SALE OR FURNISHING OF ANY PERSONAL PROPERTY FOR
    27  THE USE OF THE MUNICIPALITY, OR FOR ANY SERVICES TO BE RENDERED
    28  FOR SUCH MUNICIPALITY INVOLVING THE EXPENDITURE BY THE
    29  MUNICIPALITY OF MORE THAN THREE HUNDRED DOLLARS ($300) IN ANY
    30  YEAR, HE SHALL NOTIFY COUNCIL THEREOF, AND ANY SUCH CONTRACT
    19710S0752B1690                 - 60 -

     1  SHALL NOT BE PASSED AND APPROVED BY COUNCIL EXCEPT BY AN
     2  AFFIRMATIVE VOTE OF AT LEAST THREE-FOURTHS OF THE MEMBERS
     3  THEREOF. IN CASE THE INTERESTED OFFICER IS A MEMBER OF COUNCIL,
     4  HE SHALL REFRAIN FROM VOTING UPON SAID CONTRACT. THE PROVISIONS
     5  OF THIS SECTION SHALL NOT APPLY TO CASES WHERE SUCH OFFICER OR
     6  OFFICIAL IS AN EMPLOYE OF THE PERSON, FIRM OR CORPORATION TO
     7  WHICH MONEY IS TO BE PAID IN A CAPACITY WITH NO POSSIBLE
     8  INFLUENCE ON THE TRANSACTION AND IN WHICH HE CANNOT POSSIBLY BE
     9  BENEFITED THEREBY, EITHER FINANCIALLY OR IN ANY OTHER MATERIAL
    10  MANNER. ANY OFFICER OR OFFICIALS WHO SHALL KNOWINGLY VIOLATE THE
    11  PROVISIONS OF THIS SECTION SHALL BE LIABLE TO THE MUNICIPALITY
    12  UPON HIS BOND, IF ANY, OR PERSONALLY, TO THE EXTENT OF THE
    13  DAMAGE SHOWN TO BE SUSTAINED THEREBY BY THE MUNICIPALITY, TO
    14  OUSTER FROM OFFICE, AND SHALL BE GUILTY OF A MISDEMEANOR; AND
    15  UPON CONVICTION THEREOF, SHALL BE SENTENCED TO PAY A FINE NOT
    16  EXCEEDING FIVE HUNDRED DOLLARS ($500), OR IMPRISONMENT NOT
    17  EXCEEDING ONE YEAR, OR BOTH.
    18     SECTION 1202.  NO OFFICER OR EMPLOYE SHALL ACCEPT OR RECEIVE,
    19  DIRECTLY OR INDIRECTLY, FROM ANY PERSON OPERATING WITHIN THE
    20  TERRITORIAL LIMITS OF A MUNICIPALITY AND INTERURBAN RAILWAY, BUS
    21  LINE, STREET RAILWAY, GAS WORKS, WATERWORKS, ELECTRIC LIGHT OR
    22  POWER PLANT, HEATING PLANT, TELEGRAPH LINE, TELEPHONE EXCHANGE
    23  OR OTHER BUSINESS USING OR OPERATING UNDER A PUBLIC FRANCHISE,
    24  ANY FRANK, FREE PASS, FREE TICKET OR FREE SERVICE, OR ACCEPT OR
    25  RECEIVE, DIRECTLY OR INDIRECTLY, FROM ANY PERSON, ANY OTHER
    26  SERVICE UPON TERMS MORE FAVORABLE THAN IS GRANTED TO THE PUBLIC
    27  GENERALLY, EXCEPT THAT SUCH PROHIBITION OF FREE TRANSPORTATION
    28  SHALL NOT APPLY TO POLICEMEN OR FIREMEN IN UNIFORM. NOR SHALL
    29  ANY FREE SERVICE TO THE MUNICIPAL OFFICIALS HERETOFORE PROVIDED
    30  BY ANY FRANCHISE OR ORDINANCE BE AFFECTED BY THIS SECTION.
    19710S0752B1690                 - 61 -

     1     SECTION 1203.  NO CANDIDATE FOR OFFICE, APPOINTMENT OR
     2  EMPLOYMENT AND NO OFFICER, APPOINTEE OR EMPLOYE IN ANY
     3  MUNICIPALITY SHALL, DIRECTLY OR INDIRECTLY, GIVE OR PROMISE ANY
     4  PERSON ANY OFFICE, POSITION, EMPLOYMENT, BENEFIT OR ANYTHING OF
     5  VALUE FOR THE PURPOSE OF INFLUENCING OR OBTAINING THE POLITICAL
     6  SUPPORT, AID OR VOTE OF ANY PERSON, UNDER THE PENALTY OF BEING
     7  DISQUALIFIED TO HOLD THE OFFICE OR EMPLOYMENT TO WHICH HE MAY BE
     8  OR MAY HAVE BEEN ELECTED OR APPOINTED.
     9     SECTION 1204.  IF ANY PERSON HEREAFTER ELECTED OR APPOINTED
    10  TO ANY OFFICE OR POSITION IN A MUNICIPALITY GOVERNED UNDER THIS
    11  ACT SHALL, AFTER LAWFUL NOTICE OR PROCESS, WILFULLY REFUSE OR
    12  FAIL TO APPEAR BEFORE ANY COURT, ANY LEGISLATIVE COMMITTEE, OR
    13  THE GOVERNOR, OR HAVING APPEARED SHALL REFUSE TO TESTIFY OR TO
    14  ANSWER ANY QUESTION REGARDING THE PROPERTY, GOVERNMENT OR
    15  AFFAIRS OF THE MUNICIPALITY, OR REGARDING HIS NOMINATION,
    16  ELECTION, APPOINTMENT OR OFFICIAL CONDUCT ON THE GROUND THAT HIS
    17  ANSWER WOULD TEND TO INCRIMINATE HIM, OR SHALL REFUSE TO WAIVE
    18  IMMUNITY FROM PROSECUTION ON ACCOUNT OF ANY SUCH MATTER IN
    19  RELATION TO WHICH HE MAY BE ASKED TO TESTIFY, MAY BE REMOVED
    20  FROM OFFICE BY THE COUNCIL OF THE MUNICIPALITY IN ITS
    21  DISCRETION.
    22                           B.  TREASURER
    23     SECTION 1211.  (A) UNDER ANY OF THE OPTIONAL PLANS AS SET
    24  FORTH IN THIS ACT, EXCEPT FOR THE PLAN SET FORTH IN ARTICLE X -
    25  OPTIONAL COUNTY PLAN, THE OFFICE OF MUNICIPAL TREASURER MAY BE
    26  OMITTED, OR MAY BE FILLED BY APPOINTMENT AS RECOMMENDED BY THE
    27  CHARTER COMMISSION AND ADOPTED BY THE VOTERS. IF THE OFFICE OF
    28  MUNICIPAL TREASURER IS TO BE FILLED BY APPOINTMENT, THE
    29  APPOINTMENT SHALL BE MADE IN ACCORDANCE WITH THE APPOINTMENT
    30  PROCEDURES FOR OTHER DEPARTMENT HEADS.
    19710S0752B1690                 - 62 -

     1     (B)  THE MUNICIPAL TREASURER, IF ELECTED, SHALL PERFORM SUCH
     2  FUNCTIONS AND DUTIES AND HAVE SUCH POWERS RELATING TO THE
     3  COLLECTION, RECEIVING, SAFEKEEPING AND PAYMENT OVER OF PUBLIC
     4  MONEYS INCLUDING MUNICIPAL, COUNTY, INSTITUTION DISTRICT AND
     5  SCHOOL DISTRICT TAXES AS PROVIDED BY GENERAL LAW AND SHALL HAVE
     6  SUCH OTHER FUNCTIONS, POWERS AND DUTIES AS MAY BE ASSIGNED TO
     7  HIM BY THE EXECUTIVE OF THE MUNICIPALITY.
     8                C.  APPOINTMENT POWER AND PERSONNEL
     9     SECTION 1221.  THE APPOINTMENT POWER OF THE CHIEF EXECUTIVE
    10  OF THE MUNICIPALITY UNDER ANY OF THE PLANS AUTHORIZED BY THIS
    11  ACT SHALL INCLUDE THE APPOINTMENT OF MEMBERS OF BOARDS AND
    12  COMMISSIONS AUTHORIZED BY THIS ACT, BY GENERAL LAW NOW OR
    13  HEREAFTER ENACTED, OR BY ACTION OF MUNICIPAL COUNCIL. ALL SUCH
    14  APPOINTMENTS SHALL BE WITH THE ADVICE AND CONSENT OF MUNICIPAL
    15  COUNCIL.
    16     SECTION 1222.  APPOINTMENTS AND PROMOTIONS OF SUBORDINATE
    17  OFFICERS AND EMPLOYES WITHIN DEPARTMENTS SHALL BE MADE BY THE
    18  DEPARTMENT HEAD ON THE BASIS OF A PERSONNEL SYSTEM WHICH SHALL
    19  INCLUDE WRITTEN PROCEDURES FOR APPOINTMENT AND PROMOTION BASED
    20  SOLELY ON MERIT AND FITNESS AS DEMONSTRATED BY EXAMINATION OR
    21  OTHER EVIDENCE OF POSITION COMPETENCE. THE PERSONNEL SYSTEM
    22  SHALL BE GOVERNED BY PERSONNEL RULES WHICH SHALL BE PREPARED BY
    23  THE EXECUTIVE (MAYOR) OR MANAGER AND SUBMITTED TO THE MUNICIPAL
    24  COUNCIL WHICH SHALL ADOPT THEM WITH OR WITHOUT AMENDMENTS. THE
    25  PERSONNEL RULES MAY PROVIDE FOR:
    26     (1)  THE CLASSIFICATION OF ALL MUNICIPAL POSITIONS, BASED ON
    27  THE DUTIES, AUTHORITY AND RESPONSIBILITY OF EACH POSITION, WITH
    28  ADEQUATE PROVISION FOR RECLASSIFICATION OF ANY POSITION WHENEVER
    29  WARRANTED BY CHANGE OF CIRCUMSTANCES.
    30     (2)  A PAY PLAN FOR ALL MUNICIPAL POSITIONS.
    19710S0752B1690                 - 63 -

     1     (3)  METHODS FOR DETERMINING THE MERIT AND FITNESS OF
     2  CANDIDATES FOR APPOINTMENT OR PROMOTION.
     3     (4)  THE POLICIES AND PROCEDURES REGULATING REDUCTION IN
     4  FORCE AND DISCIPLINARY ACTION, INCLUDING SUSPENSION AND REMOVAL
     5  OF EMPLOYES.
     6     (5)  THE HOURS OF WORK, AND PROVISIONS FOR SICK AND VACATION
     7  LEAVE AND HOLIDAYS, AND PROVISIONS FOR OVERTIME COMPENSATION.
     8     (6)  GRIEVANCE PROCEDURES, INCLUDING PROCEDURES FOR THE
     9  HEARING OF GRIEVANCES.
    10     (7)  OTHER PRACTICES AND PROCEDURES NECESSARY TO THE
    11  ADMINISTRATION OF THE MUNICIPAL PERSONNEL SYSTEM, INCLUDING
    12  THOSE ARRIVED AT THROUGH THE COLLECTIVE BARGAINING PROCESS.
    13              D.  FILLING VACANCIES IN ELECTED OFFICE
    14     SECTION 1231.  THIS SECTION SHALL APPLY TO THE FILLING OF
    15  VACANCIES IN ELECTED OFFICE IN ALL OPTIONAL PLANS AND OPTIONS
    16  EXCEPT THOSE SET FORTH IN ARTICLE X - OPTIONAL COUNTY PLAN, AND
    17  ARTICLE XI - ADDITIONAL COUNTY OPTIONS.
    18     SECTION 1232.  (A) IF A VACANCY EXISTS IN THE MUNICIPAL
    19  COUNCIL, THE MUNICIPAL COUNCIL SHALL, BY A MAJORITY OF ITS
    20  REMAINING MEMBERS, FILL SUCH VACANCY, WITHIN THIRTY DAYS
    21  THEREAFTER, BY ELECTING A QUALIFIED PERSON TO SERVE UNTIL THAT
    22  FIRST MONDAY OF JANUARY WHEN HIS SUCCESSOR WHO SHALL HAVE BEEN
    23  ELECTED BY THE QUALIFIED ELECTORS AT THE NEXT MUNICIPAL
    24  ELECTION, OCCURRING AT LEAST FIFTY DAYS AFTER SUCH VACANCY
    25  EXISTS, IS DULY SWORN INTO OFFICE FOR THE REMAINDER OF THE TERM
    26  OF THE PERSON ORIGINALLY ELECTED TO SAID OFFICE.
    27     IN CASE VACANCIES SHOULD EXIST WHEREBY THE OFFICES OF A
    28  MAJORITY OR MORE MEMBERS OF THE MUNICIPAL COUNCIL BECOME VACANT,
    29  THE REMAINING MEMBERS SHALL FILL SUCH VACANCIES, ONE AT A TIME,
    30  GIVING EACH NEW APPOINTEE SUCH REASONABLE NOTICE OF HIS
    19710S0752B1690                 - 64 -

     1  APPOINTMENT AS WILL ENABLE HIM TO MEET AND ACT WITH THE THEN
     2  QUALIFIED MEMBER OR MEMBERS OF THE MUNICIPAL COUNCIL IN MAKING
     3  FURTHER APPOINTMENTS UNTIL A BARE MAJORITY OF MEMBERS OF
     4  MUNICIPAL COUNCIL MEMBERS HAVE BEEN QUALIFIED, WHEREUPON THE
     5  SAID MEMBERS SHALL FILL THE REMAINING VACANCIES AT A MEETING
     6  ATTENDED BY THE SAID MAJORITY MEMBERS OF MUNICIPAL COUNCIL, SUCH
     7  APPOINTEES TO RECEIVE A MAJORITY OF THE VOTES OF THE MEMBERS
     8  PRESENT AT ANY SUCH MEETING. THE PERSON OR PERSONS SELECTED TO
     9  FILL SUCH VACANCY OR VACANCIES SHALL HOLD THEIR OFFICES AS
    10  HEREIN PROVIDED.
    11     IF, BY REASON OF A TIE VOTE, OR OTHERWISE, SUCH VACANCY SHALL
    12  NOT HAVE BEEN FILLED BY THE REMAINING MEMBERS OF MUNICIPAL
    13  COUNCIL WITHIN THE TIME AS LIMITED HEREIN, THE COURT OF COMMON
    14  PLEAS, UPON THE PETITION OF TEN OR MORE QUALIFIED ELECTORS,
    15  SHALL FILL SUCH VACANCY BY THE APPOINTMENT OF A QUALIFIED
    16  PERSON, FOR THE PORTION OF THE UNEXPIRED TERM AS ABOVE PROVIDED.
    17     (B)  IF A VACANCY OCCURS IN THE OFFICE OF EXECUTIVE (MAYOR),
    18  MUNICIPAL TREASURER, IF ELECTED, MUNICIPAL CONTROLLER, IF
    19  ELECTED, COUNTY DISTRICT ATTORNEY, IF ELECTED, OR COUNTY
    20  SHERIFF, IF ELECTED, THE MUNICIPAL COUNCIL SHALL FILL SUCH
    21  VACANCY, WITHIN THIRTY DAYS THEREAFTER, BY CHOOSING AN EXECUTIVE
    22  (MAYOR), A MUNICIPAL TREASURER, A MUNICIPAL CONTROLLER, A COUNTY
    23  DISTRICT ATTORNEY OR A COUNTY SHERIFF, AS THE CASE MAY BE, TO
    24  SERVE UNTIL HIS SUCCESSOR IS ELECTED BY THE QUALIFIED ELECTORS
    25  AT THE NEXT MUNICIPAL ELECTION, OCCURRING AT LEAST FIFTY DAYS
    26  AFTER SUCH VACANCY OCCURS, AND IS DULY SWORN INTO OFFICE. THE
    27  PERSON SO ELECTED SHALL SERVE FROM THE FIRST MONDAY OF JANUARY
    28  NEXT SUCCEEDING HIS ELECTION FOR THE REMAINDER OF THE TERM OF
    29  THE PERSON ORIGINALLY ELECTED TO SUCH OFFICE.
    30     IF, BY REASON OF A TIE VOTE OR OTHERWISE, A VACANCY IN THE
    19710S0752B1690                 - 65 -

     1  OFFICE OF EXECUTIVE (MAYOR), TREASURER, CONTROLLER, COUNTY
     2  DISTRICT ATTORNEY, OR COUNTY SHERIFF SHALL NOT HAVE BEEN FILLED
     3  BY COUNCIL WITHIN THE TIME AS LIMITED HEREIN, THE COURT OF
     4  COMMON PLEAS, UPON PETITION OF TEN OR MORE QUALIFIED ELECTORS,
     5  SHALL FILL SUCH VACANCY BY THE APPOINTMENT OF A QUALIFIED PERSON
     6  FOR THE PORTION OF THE UNEXPIRED TERM AS HEREIN PROVIDED.
     7                     E.  LEGISLATION BY COUNCIL
     8     SECTION 1241.  THE COUNCIL SHALL, BY ORDINANCE OR RESOLUTION,
     9  DESIGNATE THE TIME OF HOLDING REGULAR MEETINGS WHICH SHALL BE AT
    10  LEAST MONTHLY.  THE EXECUTIVE (MAYOR) OR THE PRESIDENT OF
    11  COUNCIL, AS THE CASE MAY BE, MAY AND, UPON WRITTEN REQUEST OF A
    12  MAJORITY OF THE MEMBERS OF THE COUNCIL, SHALL CALL A SPECIAL
    13  MEETING OF THE COUNCIL.  IN THE CALL, HE SHALL DESIGNATE THE
    14  PURPOSE OF THE SPECIAL MEETING AND NO OTHER BUSINESS SHALL BE
    15  CONSIDERED.  ALL MEETINGS OF THE COUNCIL SHALL BE OPEN TO THE
    16  PUBLIC.  THE MUNICIPAL CLERK OR SECRETARY SHALL KEEP A JOURNAL
    17  OF ITS PROCEEDINGS AND RECORD THE MINUTES OF EVERY MEETING.
    18     SECTION 1242.  (A) COUNCIL SHALL DETERMINE ITS OWN RULES OF
    19  PROCEDURE, NOT INCONSISTENT WITH ORDINANCE OR STATUTE.  A
    20  MAJORITY OF THE WHOLE NUMBER OF MEMBERS OF THE COUNCIL SHALL
    21  CONSTITUTE A QUORUM, AND NO ORDINANCE SHALL BE ADOPTED BY THE
    22  COUNCIL WITHOUT THE AFFIRMATIVE VOTE OF A MAJORITY OF ALL THE
    23  MEMBERS OF THE COUNCIL.
    24     (B)  EACH ORDINANCE OR RESOLUTION SHALL BE PRESENTED AND
    25  CONSIDERED AS DETERMINED BY COUNCIL RULES OF PROCEDURE.  THE
    26  VOTE UPON EVERY MOTION, RESOLUTION OR ORDINANCE SHALL BE TAKEN
    27  BY ROLL CALL AND THE YEAS AND NAYS SHALL BE ENTERED ON THE
    28  MINUTES.  THE MINUTES OF EACH MEETING SHALL BE SIGNED BY THE
    29  OFFICER PRESIDING AT SUCH MEETING AND BY THE MUNICIPAL CLERK OR
    30  SECRETARY.
    19710S0752B1690                 - 66 -

     1     (C)  COUNCIL SHALL ADOPT BY ORDINANCE AN ADMINISTRATIVE CODE
     2  WHICH SHALL PROVIDE FOR THE ESTABLISHMENT AND FILING FILLING OF   <--
     3  ADDITIONAL ADMINISTRATIVE OFFICES WHICH IT SHALL DEEM NECESSARY,
     4  AND SHALL PROVIDE FOR ADMINISTRATIVE PROCEDURES NOT OTHERWISE
     5  PROVIDED FOR IN THIS ACT OR BY GENERAL LAW.
     6     (D)  THE COMPENSATION OF THE CONTROLLER AND TREASURER SHALL
     7  BE FIXED BY THE COUNCIL.
     8     SECTION 1243.  (A) EXCEPT AS MAY OTHERWISE BE PROVIDED IN
     9  THIS ACT ALL ORDINANCES SHALL BE ADOPTED AND PUBLISHED AS
    10  PROVIDED BY LAW:  PROVIDED, HOWEVER, THAT ANY ORDINANCE MAY
    11  INCORPORATE BY REFERENCE ANY STANDARD TECHNICAL REGULATION OR
    12  CODE, OFFICIAL OR UNOFFICIAL, WHICH NEED NOT BE SO PUBLISHED
    13  WHENEVER TEN COPIES OF SAID REGULATIONS OR CODE HAVE BEEN PLACED
    14  ON FILE IN THE OFFICE OF THE MUNICIPAL CLERK OR SECRETARY AND IN
    15  THE OFFICE OF THE BODY OR DEPARTMENT CHARGED WITH THE
    16  ENFORCEMENT OF SAID ORDINANCE.
    17     (B)  NO ORDINANCE OTHER THAN THE LOCAL BUDGET ORDINANCE SHALL
    18  TAKE EFFECT LESS THAN TEN DAYS AFTER ITS FINAL PASSAGE BY
    19  COUNCIL AND APPROVAL BY THE EXECUTIVE (MAYOR) WHERE SUCH
    20  APPROVAL IS REQUIRED, UNLESS THE COUNCIL SHALL ADOPT A
    21  RESOLUTION DECLARING AN EMERGENCY AND AT LEAST A MAJORITY PLUS
    22  ONE OF ALL THE MEMBERS OF THE COUNCIL VOTE IN FAVOR OF SUCH
    23  RESOLUTION.
    24     SECTION 1244.  THE MUNICIPAL CLERK OR SECRETARY SHALL RECORD
    25  ALL ORDINANCES AND RESOLUTIONS ADOPTED BY COUNCIL AND AT THE
    26  CLOSE OF EACH YEAR, WITH THE ADVICE AND ASSISTANCE OF THE
    27  MUNICIPAL SOLICITOR, SHALL BIND, COMPILE OR CODIFY ALL THE
    28  ORDINANCES AND RESOLUTIONS, OR TRUE COPIES THEREOF, OF THE
    29  MUNICIPALITY WHICH THEN REMAIN IN FORCE AND EFFECT.  HE SHALL
    30  ALSO PROPERLY INDEX THE RECORD BOOKS, COMPILATION OR
    19710S0752B1690                 - 67 -

     1  CODIFICATION OF ORDINANCES AND RESOLUTIONS.
     2     SECTION 1245.  NO RULE OR REGULATION MADE BY ANY DEPARTMENT,
     3  OFFICER, AGENCY OR AUTHORITY OF THE MUNICIPALITY, EXCEPT SUCH AS
     4  RELATES TO THE ORGANIZATION OR INTERNAL MANAGEMENT OF THE
     5  MUNICIPAL GOVERNMENT OR A PART THEREOF, SHALL TAKE EFFECT UNTIL
     6  IT IS FILED EITHER WITH THE MUNICIPAL CLERK OR SECRETARY OR IN
     7  SUCH OTHER MANNER AS MAY BE PROVIDED BY ORDINANCE.  THE COUNCIL
     8  SHALL PROVIDE FOR THE PROMPT PUBLICATION OF SUCH RULES AND
     9  REGULATIONS.
    10     SECTION 1246.  THE COUNCIL SHALL CAUSE TO BE PREPARED AND
    11  PASS AS AN ORDINANCE AN ADMINISTRATIVE CODE WHICH SHALL PROVIDE
    12  FOR THE MANNER OF APPOINTMENT OF A SOLICITOR, CLERK OR
    13  SECRETARY, AND MAY CREATE COMMISSIONS AND OTHER BODIES WITH
    14  ADVISORY POWERS, AND MAY PROVIDE ADDITIONAL PROVISIONS RELATING
    15  TO THE INTERNAL STRUCTURE OF THE MUNICIPALITY AS LONG AS THE
    16  PROVISIONS OF THE ADMINISTRATIVE CODE ARE NOT IN CONFLICT WITH
    17  ANY OF THE PROVISIONS OF THIS LAW APPLICABLE TO THE
    18  MUNICIPALITY.
    19                       F.  AUDIT AND CONTROL
    20     SECTION 1251.  THE COUNCIL SHALL PROVIDE BY SEPARATE
    21  ORDINANCE OR IN THE ADMINISTRATIVE CODE FOR THE EXERCISE OF A
    22  CONTROL FUNCTION IN THE MANAGEMENT OF THE FINANCES OF THE
    23  MUNICIPALITY BY THE MUNICIPAL CONTROLLER OR, IN THE CASE OF THE
    24  OPTIONAL PLAN SET FORTH IN ARTICLE X, THE OPTIONAL COUNTY PLAN,
    25  BY THE CONTROLLER OR AUDITORS.
    26     SECTION 1252.  THE COUNCIL MAY PROVIDE FOR ANNUAL POST AUDITS
    27  OF ALL ACCOUNTS BY AN INDEPENDENT AUDITOR WHO SHALL BE A
    28  CERTIFIED PUBLIC ACCOUNTANT, REGISTERED IN PENNSYLVANIA, OR A
    29  FIRM OF CERTIFIED PUBLIC ACCOUNTANTS SO REGISTERED.
    30              G.  TRANSITION TO OPTIONAL CHARTER PLAN
    19710S0752B1690                 - 68 -

     1     SECTION 1261.  WHENEVER THE ELECTORS OF A MUNICIPALITY ADOPT
     2  ANY OF THE OPTIONAL PLANS PROVIDED BY THIS ACT AT ANY ELECTION
     3  FOR THAT PURPOSE, SUCH MUNICIPALITY SHALL BE GOVERNED UNDER THE
     4  PROVISIONS OF SUCH PLAN, THE PROVISIONS OF GENERAL LAW
     5  APPLICABLE TO THAT CLASS OF MUNICIPALITY AND THIS ACT FROM THE
     6  FIRST MONDAY IN JANUARY FOLLOWING THE NEXT SUCCEEDING MUNICIPAL
     7  ELECTION, EXCEPT AS PROVIDED IN SECTION 213 (C) OF THIS ACT.
     8     SECTION 1262.  (A) ANY ELECTED MUNICIPAL OFFICIAL IN OFFICE
     9  AT THE TIME OF THE ADOPTION OF ANY OPTIONAL PLAN PROVIDED BY
    10  THIS ACT SHALL CONTINUE IN OFFICE ONLY UNTIL THE NEW PLAN OF
    11  GOVERNMENT GOES INTO EFFECT AS PROVIDED IN SECTION 1261, EXCEPT
    12  AS OTHERWISE PROVIDED IN SUBSECTIONS (C) AND (D) OF THIS
    13  SECTION.
    14     (B)  AT THE MUNICIPAL ELECTION NEXT SUCCEEDING THE ADOPTION
    15  OF ONE OF THE OPTIONAL PLANS PROVIDED FOR IN THIS ACT, IF FOUR
    16  OR LESS COUNCILMEN ARE ELECTED, THEY SHALL SERVE FOR TERMS OF
    17  FOUR YEARS.  IF FIVE ARE ELECTED, THE FOUR SUCCESSFUL CANDIDATES
    18  RECEIVING THE HIGHEST NUMBER OF VOTES PERCENTAGE OF THE VOTES     <--
    19  CAST FOR THE OFFICE TO WHICH THEY ARE ELECTED SHALL SERVE FOR
    20  TERMS OF FOUR YEARS, AND THE CANDIDATE RECEIVING THE NEXT
    21  HIGHEST NUMBER OF VOTES PERCENTAGE OF VOTES SHALL SERVE FOR A     <--
    22  TERM OF TWO YEARS.  IF SIX OR MORE COUNCILMEN ARE ELECTED, THE
    23  FIVE CANDIDATES RECEIVING THE HIGHEST NUMBER OF VOTES PERCENTAGE  <--
    24  OF THE VOTES CAST FOR THE OFFICE TO WHICH THEY ARE ELECTED SHALL
    25  SERVE FOR TERMS OF FOUR YEARS, AND THE REMAINING SUCCESSFUL
    26  CANDIDATES RECEIVING THE NEXT HIGHEST NUMBER OF VOTES PERCENTAGE  <--
    27  OF VOTES SHALL SERVE FOR TERMS OF TWO YEARS.  THEREAFTER, ALL
    28  COUNCILMEN SHALL BE ELECTED FOR TERMS OF FOUR YEARS.
    29     (C)  IF AN ELECTED MUNICIPAL TREASURER OR ELECTED MUNICIPAL
    30  CONTROLLER OR ELECTED COUNTY DISTRICT ATTORNEY OR ELECTED COUNTY
    19710S0752B1690                 - 69 -

     1  SHERIFF IS IN OFFICE AT THE TIME OF THE ADOPTION OF AN OPTIONAL
     2  PLAN UNDER THE PROVISIONS OF THIS ACT, A TREASURER OR CONTROLLER
     3  OR DISTRICT ATTORNEY OR SHERIFF, AS THE CASE MAY BE, SHALL NOT
     4  BE ELECTED OR APPOINTED TO TAKE OFFICE UNTIL AFTER THE
     5  RESIGNATION, DEATH, REMOVAL OR EXPIRATION OF THE TERM OF SAID
     6  TREASURER, CONTROLLER, DISTRICT ATTORNEY OR SHERIFF.
     7     AT THE EXPIRATION OF THE TERM OF SAID TREASURER, CONTROLLER,   <--
     8  DISTRICT ATTORNEY OR SHERIFF IN OFFICE AT THE TIME OF THE
     9  ADOPTION OF AN OPTIONAL PLAN UNDER THE PROVISIONS OF THIS ACT, A
    10  TREASURER, CONTROLLER, DISTRICT ATTORNEY OR SHERIFF, AS THE CASE
    11  MAY BE, SHALL BE ELECTED OR APPOINTED FOR THE FULL TERM FOR SAID
    12  OFFICE AS PROVIDED BY THE OPTIONAL PLAN ADOPTED.
    13     (D)  ANY MEMBER OF A MUNICIPAL GOVERNING BODY IN OFFICE AT
    14  THE TIME OF THE ADOPTION OF AN OPTIONAL PLAN SHALL REMAIN IN
    15  OFFICE, CONTINUING AS AN AT-LARGE OR DISTRICT COUNCILMAN, AS THE
    16  CASE MAY BE, UNTIL THE EXPIRATION OF HIS TERM IN OFFICE, AND
    17  SHALL RECEIVE THE COMPENSATION PROVIDED BY LAW AT THAT TIME:
    18  PROVIDED, THAT IF THAT COUNCILMAN WAS ELECTED ON AN AT-LARGE
    19  BASIS, THE NEWLY ADOPTED OPTIONAL PLAN PROVIDES FOR A TOTAL
    20  NUMBER OF AT-LARGE COUNCILMEN EQUAL TO OR EXCEEDING THE TOTAL
    21  NUMBER OF AT-LARGE COUNCILMEN UNDER THE EXISTING FORM OF
    22  GOVERNMENT; OR, IF THAT COUNCILMAN WAS ELECTED ON A DISTRICT
    23  BASIS, THE DISTRICT FROM WHICH THAT COUNCILMAN WAS ELECTED
    24  REMAINS UNCHANGED AND CONTINUES TO ENCOMPASS THE EXACT SAME
    25  GEOGRAPHICAL AREA UNDER THE NEWLY ADOPTED OPTIONAL PLAN AS UNDER
    26  THE EXISTING FORM OF GOVERNMENT, AND THE NUMBER OF COUNCILMEN TO
    27  BE ELECTED FROM THAT DISTRICT UNDER THE NEWLY ADOPTED OPTIONAL
    28  PLAN IS EQUAL TO OR EXCEEDS THE NUMBER ELECTED FROM THAT
    29  DISTRICT UNDER THE EXISTING FORM OF GOVERNMENT.  ANY SUCH
    30  COUNCILMAN MAY, BY WRITING FILED WITH THE MUNICIPAL TREASURER,
    19710S0752B1690                 - 70 -

     1  DIRECT THAT ANY PORTION OF HIS ANNUAL COMPENSATION FOR SERVING
     2  IN OFFICE BE RETURNED TO THE MUNICIPAL TREASURY.  FOR THE
     3  PURPOSE OF THIS SECTION, AN EXECUTIVE OR MAYOR WHO IS ALSO A
     4  MEMBER OF THE COUNCIL UNDER AN EXISTING PLAN SHALL BE CONSIDERED
     5  AS A MEMBER OF THE COUNCIL, AND AFTER THE NEW PLAN GOES INTO
     6  EFFECT, HIS DUTIES SHALL BE ONLY THOSE OF A MEMBER OF COUNCIL AS
     7  PRESCRIBED BY THE NEW PLAN.
     8     (E)  AT THE MUNICIPAL ELECTION NEXT SUCCEEDING THE ADOPTION
     9  OF ONE OF THE OPTIONAL PLANS PROVIDED FOR IN THIS ACT, THE
    10  NUMBER OF COUNCILMEN PRESCRIBED BY THE TERMS IN THE PLAN LESS
    11  THE NUMBER OF COUNCILMEN THEN IN OFFICE WHOSE TERMS DO NOT
    12  EXPIRE ON THE FIRST MONDAY OF JANUARY NEXT FOLLOWING, AS MAY BE
    13  DETERMINED BY THE FOREGOING SUBSECTION (D), SHALL BE ELECTED.
    14     (F)  IF ANY VACANCIES IN COUNCIL OCCURRING BY REASON OF
    15  RESIGNATION, DEATH OR REMOVAL SHALL EXIST NINETY DAYS OR MORE
    16  BEFORE SUCH ELECTION, THEY SHALL BE FILLED FOR THE REMAINDER OF
    17  THE TERM OF THE PERSON ORIGINALLY ELECTED TO THAT OFFICE.
    18     SECTION 1263.  (A) THE ANNUAL COMPENSATION OF THE EXECUTIVE
    19  (MAYOR) AND COUNCILMEN ELECTED TO THEIR OFFICES IN THE YEAR
    20  PRIOR TO THE TRANSITION YEAR UNDER ANY OF THE OPTIONAL PLANS,
    21  EXCEPT THE OPTIONAL COUNTY PLAN SET FORTH IN ARTICLE X, ADOPTED
    22  PURSUANT TO THIS ACT, SHALL BE ESTABLISHED BY THE COMMISSION AS
    23  PART OF ITS RECOMMENDATIONS OR BY THE INITIATIVE PETITION OR
    24  ORDINANCE OF THE GOVERNING BODY AUTHORIZED BY SECTION 231
    25  THROUGH SECTION 233 OF THIS ACT.
    26     (B)  THE COMPENSATION OF THE EXECUTIVE (MAYOR), COUNCILMEN,
    27  CONTROLLER, AND TREASURER ELECTED TO THEIR OFFICES SUBSEQUENT TO
    28  THE TRANSITION YEAR TO ANY OF THE OPTIONAL PLANS SET FORTH IN
    29  THIS ACT, EXCEPT FOR THE PLAN SET FORTH IN ARTICLE X, THE
    30  OPTIONAL COUNTY PLAN, SHALL BE FIXED BY ORDINANCE OF COUNCIL
    19710S0752B1690                 - 71 -

     1  FINALLY PASSED OR ADOPTED AT LEAST TWO DAYS PRIOR TO THE LAST
     2  DAY FIXED BY LAW FOR CANDIDATES TO WITHDRAW THEIR NAMES FROM
     3  NOMINATING PETITIONS PREVIOUS TO THE DAY OF THE MUNICIPAL
     4  ELECTION.  AFTER SUCH COMPENSATION IS ONCE FIXED BY ORDINANCE,
     5  ONLY AN INCREASE OR DECREASE THEREOF NEED BE FIXED BY SUCH
     6  ORDINANCE.
     7     SECTION 1264.  ON THE EFFECTIVE DATE OF AN OPTIONAL PLAN
     8  ADOPTED PURSUANT TO THIS ACT, ALL ORDINANCES AND RESOLUTIONS OF
     9  THE MUNICIPALITY TO THE EXTENT THAT THEY ARE NOT INCONSISTENT
    10  WITH THE PROVISIONS OF THIS ACT SHALL REMAIN IN FULL FORCE AND
    11  EFFECT UNTIL MODIFIED OR REPEALED AS PROVIDED BY LAW.
    12     SECTION 1265.  (A) ON THE EFFECTIVE DATE OF AN OPTIONAL PLAN
    13  ADOPTED PURSUANT TO THIS ACT, ALL APPOINTIVE OFFICES THEN
    14  EXISTING IN SUCH MUNICIPALITY SHALL BE ABOLISHED AND THE TERMS
    15  OF ALL APPOINTED OFFICERS SHALL IMMEDIATELY CEASE AND TERMINATE:
    16  PROVIDED, THAT NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
    17  ABOLISH THE OFFICE OR TERMINATE THE TERMS OF OFFICE OF ANY
    18  ALDERMAN OR CONSTABLE OR OF ANY OFFICIAL OR EMPLOYE NOW
    19  PROTECTED BY ANY TENURE OF OFFICE OR CIVIL SERVICE LAW, OR OF
    20  ANY POLICEMAN OR FIREMAN, WHETHER OR NOT PROTECTED BY A TENURE
    21  OF OFFICE LAW.
    22     (B)  PROVISIONS FOR OFFICERS AND FOR THE ORGANIZATION AND
    23  ADMINISTRATION OF THE MUNICIPAL GOVERNMENT UNDER THE OPTIONAL
    24  PLAN MAY BE MADE BY RESOLUTION PENDING THE ADOPTION OF
    25  ORDINANCES, BUT ANY SUCH RESOLUTION SHALL EXPIRE NOT LATER THAN
    26  SIXTY DAYS AFTER THE EFFECTIVE DATE OF THE OPTIONAL PLAN.
    27     SECTION 1266.  ALL ACTIONS AND PROCEEDINGS OF A LEGISLATIVE,
    28  EXECUTIVE OR JUDICIAL CHARACTER, WHICH ARE PENDING UPON THE
    29  EFFECTIVE DATE OF AN OPTIONAL PLAN ADOPTED PURSUANT TO THIS ACT,
    30  MAY CONTINUE AND THE APPROPRIATE OFFICER OR EMPLOYE UNDER SUCH
    19710S0752B1690                 - 72 -

     1  OPTIONAL PLAN SHALL BE SUBSTITUTED FOR THE OFFICER OR EMPLOYE
     2  THERETOFORE EXERCISING OR DISCHARGING THE FUNCTION, POWER OR
     3  DUTY INVOLVED IN SUCH ACTION OR PROCEEDING.
     4                   H.  REPEAL OF AN OPTIONAL PLAN
     5     SECTION 1271.  THE PROCEDURE FOR REPEAL OF AN OPTIONAL PLAN
     6  SHALL BE THE SAME AS FOR ADOPTION OF AN OPTIONAL PLAN AS
     7  PROVIDED IN ARTICLE II OF THIS ACT, EXCLUDING THE PROCEDURE
     8  PROVIDED IN SECTION 231 THROUGH SECTION 233 OF THIS ACT.
     9  WHENEVER THE ELECTORS OF ANY MUNICIPALITY, BY A MAJORITY VOTE OF
    10  THOSE VOTING ON THE QUESTION, VOTE IN FAVOR OF REPEAL OF AN
    11  OPTIONAL PLAN AND THE ESTABLISHMENT OF A PARTICULAR FORM OF
    12  GOVERNMENT, SUCH MUNICIPALITY SHALL BE GOVERNED UNDER THE FORM
    13  OF GOVERNMENT SELECTED BY THE ELECTORS, FROM THE FIRST MONDAY OF
    14  JANUARY FOLLOWING THE MUNICIPAL ELECTION AT WHICH THE ELECTIVE
    15  OFFICIALS OF THE FORM OF GOVERNMENT SELECTED BY THE ELECTORS
    16  SHALL HAVE BEEN ELECTED.  THE GOVERNMENT STUDY COMMISSION SHALL
    17  PROVIDE IN ITS REPORT FOR THE NEW FORM OF GOVERNMENT TO BE
    18  ESTABLISHED.
    19     IT IS NOT THE INTENT OF THIS SECTION TO PROHIBIT OR LIMIT IN
    20  ANY WAY UTILIZING THE PROCEDURE PROVIDED IN SECTION 231 THROUGH
    21  SECTION 233 OF THIS ACT TO ADOPT AMEND AN OPTIONAL PLAN. TO       <--
    22  REPLACE ANOTHER OPTIONAL PLAN THEN IN EFFECT IN A MUNICIPALITY.
    23                            ARTICLE XIII
    24                              GENERAL
    25     SECTION 1301.  THIS ACT SHALL NOT APPLY TO ANY CITY OF THE
    26  FIRST CLASS OR TO ANY COUNTY OF THE FIRST CLASS.
    27     SECTION 1302.  THE POWERS GRANTED TO AND THE SERVICES          <--
    28  PROVIDED BY COUNTIES OF THE SECOND CLASS ON THE EFFECTIVE DATE
    29  OF THIS ACT SHALL NOT BE SUPERSEDED BY ANY OTHER MUNICIPALITY
    30  UNDER THE PROVISIONS OF THIS ACT.
    19710S0752B1690                 - 73 -

     1     SECTION 1302. 1303.  EACH MUNICIPALITY WHICH DOES NOT ADOPT A  <--
     2  HOME RULE CHARTER OR AN OPTIONAL PLAN OF GOVERNMENT UNDER THE
     3  PROVISIONS OF THIS ACT, SHALL RETAIN ITS EXISTING FORM OF
     4  GOVERNMENT AS PROVIDED IN THE CODE UNDER WHICH IT OPERATES, OR
     5  UNDER GENERAL LAW, OR UNDER THE CONSTITUTION OF PENNSYLVANIA.
     6     SECTION 1303. 1304.  IN CASE THE ELECTORS OF ANY MUNICIPALITY  <--
     7  DISAPPROVE A PROPOSAL TO ADOPT A HOME RULE CHARTER OR AN
     8  OPTIONAL PLAN OF GOVERNMENT THE MUNICIPALITY SHALL RETAIN ITS
     9  EXISTING FORM OF GOVERNMENT.
    10     SECTION 1304. 1305.  A MUNICIPALITY ASSUMING A FUNCTION        <--
    11  PREVIOUSLY PERFORMED BY A LOCAL ANOTHER MUNICIPALITY UNDER THE    <--
    12  TERMS OF THIS ACT SHALL ALSO ASSUME ALL THE INDEBTEDNESS AND
    13  OBLIGATIONS OF THE LOCAL MUNICIPALITY PERFORMING RELATING TO THE  <--
    14  FUNCTION. IF PROPERTY, INDEBTEDNESS, OR OBLIGATIONS OF ANOTHER
    15  MUNICIPALITY NOT WITHIN THE BOUNDARIES OF THE MUNICIPALITY
    16  ASSUMING THE FUNCTION IS INVOLVED, THE GOVERNING BODIES OF THE
    17  PARTY MUNICIPALITIES SHALL MAKE AN ADJUSTMENT AND APPORTIONMENT
    18  OF ALL PUBLIC PROPERTY INVOLVED.
    19     THE ADJUSTMENT AND APPORTIONMENT AS MADE SHALL BE REDUCED TO
    20  WRITING, AND SHALL BE FILED WITH THE COURT OF COMMON PLEAS OF
    21  THE COUNTY, AND A COPY SHALL ALSO BE FILED WITH THE DEPARTMENT
    22  OF COMMUNITY AFFAIRS.
    23     IN CASE THE MUNICIPALITIES CANNOT MAKE AN AMICABLE ADJUSTMENT
    24  AND APPORTIONMENT OF THE PROPERTY, OBLIGATIONS AND INDEBTEDNESS
    25  WITHIN SIX MONTHS AFTER THE FUNCTION IS ASSUMED ANY OF THE
    26  MUNICIPALITIES MAY PRESENT A PETITION TO THE COURT OF COMMON
    27  PLEAS. THE COURT SHALL THEN APPOINT THREE DISINTERESTED
    28  COMMISSIONERS, ALL RESIDENTS AND TAXPAYERS OF THE COUNTY, BUT
    29  NONE RESIDING IN OR OWNERS OF REAL ESTATE IN THE MUNICIPALITIES,
    30  WHO, AFTER HEARING, NOTICE OF WHICH SHALL BE GIVEN TO THE
    19710S0752B1690                 - 74 -

     1  MUNICIPALITIES AS THE COURT SHALL DIRECT, SHALL MAKE REPORT TO
     2  THE COURT MAKING AN ADJUSTMENT AND APPORTIONMENT OF ALL THE
     3  PROPERTY AS WELL AS THE OBLIGATIONS OR INDEBTEDNESS. THE REPORT
     4  SHALL STATE THE AMOUNT THAT SHALL BE DUE AND PAYABLE FROM EACH
     5  MUNICIPALITY, THE FORMS OF PAYMENT AND THE AMOUNT OF OBLIGATIONS
     6  AND INDEBTEDNESS THAT SHALL BE ASSUMED BY EACH.
     7     THE COMMISSIONERS SHALL GIVE THE MUNICIPALITIES AT LEAST FIVE
     8  DAYS' WRITTEN NOTICE OF THE FILING OF THEIR REPORT. UNLESS
     9  EXCEPTIONS ARE FILED TO SUCH REPORT WITHIN THIRTY DAYS AFTER THE
    10  DATE OF THE FILING, THE REPORT SHALL BE CONFIRMED BY THE COURT
    11  ABSOLUTELY. ANY SUM AWARDED BY THE REPORT SHALL BE A LEGAL AND
    12  VALID CLAIM IN ITS FAVOR AGAINST THE MUNICIPALITY CHARGED. ANY
    13  PROPERTY REAL OR PERSONAL GIVEN TO A MUNICIPALITY SHALL BECOME
    14  ITS PROPERTY. ANY CLAIM OR INDEBTEDNESS CHARGED AGAINST THE
    15  MUNICIPALITY MAY BE COLLECTED FROM IT.
    16     IF EXCEPTIONS ARE FILED TO THE REPORT OF THE COMMISSIONERS,
    17  THE COURT SHALL DISPOSE OF THE SAME, TAKING TESTIMONY THEREIN IF
    18  IT DEEMS THE SAME ADVISABLE. THE COURT SHALL ENTER ITS DECREE
    19  CONFIRMING THE AWARD OF THE COMMISSIONERS, OR MODIFYING THE SAME
    20  AS TO IT APPEARS JUST AND PROPER.
    21     THE COMMISSIONERS SHALL BE ALLOWED SUCH COMPENSATION AND
    22  EXPENSES FOR THEIR SERVICES AS THE COURT SHALL FIX. THE COSTS OF
    23  THE PROCEEDINGS, INCLUDING THE COMPENSATION AND EXPENSES OF THE
    24  COMMISSIONERS, SHALL BE APPORTIONED BY THE COURT BETWEEN THE
    25  MUNICIPALITIES AS IT DEEMS PROPER.
    26     IN CASE A MUNICIPALITY OR PART OF A MUNICIPALITY IS LOCATED
    27  IN TWO OR MORE COUNTIES, THE COURT OF COMMON PLEAS OF THE COUNTY
    28  WHERE THE LARGER PART OF THE MUNICIPALITY ASSUMING THE FUNCTION
    29  IS LOCATED SHALL HAVE EXCLUSIVE JURISDICTION OVER THE
    30  PROCEEDINGS.
    19710S0752B1690                 - 75 -

     1     SECTION 1306.  ANY CITY WHICH BEGAN PROCEEDINGS BEFORE THE     <--
     2  EFFECTIVE DATE OF THIS ACT UNDER THE ACT OF JULY 15, 1957
     3  (P.L.901), KNOWN AS THE "OPTIONAL THIRD CLASS CITY CHARTER LAW,"
     4  MAY ADOPT AN OPTIONAL PLAN THEREUNDER AND FUNCTION UNDER THE
     5  PROVISIONS OF THAT ACT.
     6     SECTION 1305. 1307.  ALL ACTS AND PARTS OF ACTS ARE REPEALED   <--
     7  IN SO FAR AS THEY ARE INCONSISTENT HEREWITH.
     8     SECTION 1306. 1308.  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.   <--















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