Chapter 2.21
BOARDS AND COMMISSIONS
Sections:
2.21.010 Board and commission members subject to this chapter.
2.21.020 Powers and duties.
2.21.030 Appointments.
2.21.040 Qualifications.
2.21.050 Terms.
2.21.060 Compensation.
2.21.070 Vacancies.
2.21.080 Notice of impending vacancy.
2.21.090 Applications.
2.21.100 Nominations.
2.21.110 Officers.
2.21.120 Quorum and voting requirements.
2.21.130 Meetings.
2.21.140 Conflict of interest.
2.21.150 Procedure.
2.21.160 Reports and minutes.
2.21.170 Ex officio members and staff.
2.21.180 Termination.
2.21.010 Board and commission members subject to this chapter.
All boards or commissions, with the exclusion of the board of equalization, shall be governed by each of the provisions set forth in this chapter unless it conflicts with a specific provision applicable to a particular board or commission. (Ord. 2006-29 § 2, 2006; Ord. 82-30 § 2, 1984)
2.21.020 Powers and duties.
A. The assembly by ordinance may provide for advisory, regulatory, appellate or quasi-judicial boards or commissions. The ordinance shall prescribe the duties and qualifications of members.
B. The assembly, by ordinance, may create or designate itself to be a board of review, adjustment or equalization. The ordinance shall prescribe the rules of procedure. (Ord. 82-30 § 2, 1984)
2.21.030 Appointments.
The mayor appoints the members of boards and commissions; appointments are subject to confirmation by the assembly. (Ord. 82-30 § 2, 1984)
2.21.040 Qualifications.
In addition to any other qualifications required by this code, a board or commission member:
A. Shall, if legally eligible, be a qualified voter of the borough; and
B. Shall remain a resident of the borough while in office. (Ord. 82-30 § 2, 1984)
2.21.050 Terms.
The term of each member of a board or commission is three years. The terms of initial appointments to a board or commission shall be staggered so that as nearly as possible a pro rata number of members shall be appointed for each year during the regular term of office established for the members of the board or commission. The regular term of a member of a board or commission shall, unless otherwise specified by ordinance, commence on January 1st of the year of appointment and shall expire on December 31st of the year his term expires. (Ord. 82-30 § 2, 1984)
2.21.060 Compensation.
Members shall serve without pay except that they may be compensated for ordinary and necessary expenses reasonably incurred in performance of their duties as members, subject to appropriation. (Ord. 88-060 § 2, 1988)
2.21.070 Vacancies.
A. Vacancies on boards or commissions, other than by expiration of the member’s term, can be created as follows:
1. Leaves the borough with the intent of remaining absent more than 90 days;
2. Fails to attend three consecutive regularly scheduled meetings;
3. Fails to attend, without excuse, at least 80 percent of the regularly scheduled meetings of the board or commission within any calendar year;
4. Submits a resignation presented in writing which is accepted by the board or commission;
5. Dies; or
6. Fails to qualify within 30 days after his appointment.
B. Members may be removed for reasonable cause by the assembly at any time. As used in this section, the term “reasonable cause” shall mean:
1. Any act, or failure to act, whether intentional or negligent, that either exposes the borough to liability for financial loss or has the potential, in the sole discretion of the borough assembly, to expose the borough to liability for financial loss;
2. Any act, or failure to act, whether intentional or negligent, which obstructs or impedes the functioning of either the board or commission of which the commissioner is a member or borough government in general.
C. In the event of a vacancy on a board or commission for any reason other than normal expiration of a term of office, the mayor shall appoint a new member for the remaining unexpired term, within 30 days of the notice of vacancy. (Ord. 2001-51 § 2, 2001; Ord. 88-055 § 2, 1988; Ord. 82-30 § 2, 1984)
2.21.080 Notice of impending vacancy.
At least 30 days prior to the end of the term of an incumbent board or commission member, the mayor shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. (Ord. 82-30 § 2, 1984)
2.21.090 Applications.
The mayor shall provide a standard information and application form for interested persons to complete. The form, letters or other expressions of interest shall be made to the mayor. (Ord. 82-30 § 2, 1984)
2.21.100 Nominations.
The mayor shall submit nominations of persons to fill vacancies on boards and commissions to the assembly no earlier than two months before and no later than the date necessary to allow the nominations to be placed on the last regular assembly meeting of the calendar year. (Ord. 90-015 § 2, 1990; Ord. 82-30 § 2, 1984)
2.21.110 Officers.
A board or commission shall annually elect a chairman and a vice chairman. The vice chairman shall act in the absence of the chairman or in the inability of the chairman to act. (Ord. 82-30 § 2, 1984)
2.21.120 Quorum and voting requirements.
A majority of the authorized members of a board or commission shall be a quorum for the transaction of business. The affirmative votes of the majority of the authorized members of a board or commission shall be required to carry a question. In the absence of a quorum for the transaction of business, any number less than a quorum may recess a meeting to a later time or date. (Ord. 82-30 § 2, 1984)
2.21.130 Meetings.
A board or commission shall hold regularly scheduled meetings at such time and place as may from time to time be designated by the board or commission. The chairman of a board or commission, or the municipal employee who is designated as an ex officio member of the board or commission pursuant to FNSBC 2.21.170, or a majority of the board or commission may call a special meeting of the board or commission. Meetings of all boards and commissions shall be open to the public and notice posted at the borough clerk’s office. (Ord. 82-30 § 2, 1984)
2.21.140 Conflict of interest.
Every member shall vote on all questions unless he has a direct or substantial indirect financial interest in the matter being discussed. No member shall represent any person before the board or commission of which he is a member. (Ord. 82-30 § 2, 1984)
2.21.150 Procedure.
A board or commission shall establish its own procedural rules and order of business, except as otherwise provided by law. An appeal or quasi-judicial board or commission shall establish rules governing proceedings before the board or commission. In all matters of procedure not covered by rules adopted by the board or commission, Robert’s Rules of Order, as revised, shall be applicable and shall govern. (Ord. 82-30 § 2, 1984)
2.21.160 Reports and minutes.
The board or commission shall keep minutes of the proceedings, and such minutes shall record the vote of each member upon every question formally presented for consideration. The minutes shall be filed in the office of the borough clerk and shall be a public record, open to inspection by any person. (Ord. 82-30 § 2, 1984)
2.21.170 Ex officio members and staff.
The mayor may appoint an employee of the borough who shall be an ex officio member of a board or commission for the purpose of acting as secretary to the board or commission or to furnish technical advice and information if not so provided for in the specific provisions pertaining to the board or commission. An ex officio member is not entitled to vote on any question to be determined by the board or commission nor is an ex officio member a member for the purpose of establishing a quorum of any board or commission. Unless otherwise provided in the section establishing the board or commission, the mayor shall provide or designate any required staff for the board or commission. (Ord. 82-30 § 2, 1984)
2.21.180 Termination.
A. All boards and commissions established under this chapter, with the exception of those mandated by state law, shall terminate by operation of law six years from the date of their creation, continuation or reestablishment, whichever is later, unless affirmatively reestablished or continued by the assembly for a period not to exceed six years. Any newly created board or commission shall be subject to the provisions of this section. Prior to the termination, continuation or reestablishment of any board or commission, the assembly shall hold a public hearing, receiving testimony from the general public and members of the board or commission. In said hearing the board or commission shall have the burden of demonstrating a public need for its continued existence.
B. A determination as to whether a board or commission has demonstrated a public need for its continued existence shall take into consideration the following factors:
1. The extent to which a board, commission or program has operated in the public interest;
2. The extent to which a board or commission has recommendations which are generally of benefit to the public interest;
3. The extent to which a board or commission has encouraged interested persons to report to it concerning the effect of its decisions on the effectiveness of service, and availability of service which it has provided;
4. The extent to which the board or commission has encouraged public participation in the making of its decisions;
5. The efficiency with which public inquiries or complaints regarding the activities of the board, commission or agency filed with it, or with the department to which a board or commission is administratively assigned have been processed and resolved. (Ord. 92-065 § 2, 1992; Ord. 86-065 § 2, 1986; Ord. 82-30 § 2, 1984)