CHAPTER 4.05: GENERAL PROCEDURES
Section
4.05.010 Applicability of chapter
4.05.030 Appointment, removal and vacancy
4.05.040 Qualifications of board members
4.05.060 Termination and reestablishment of boards [Repealed]
4.05.071 Compensation and reimbursement
4.05.010 APPLICABILITY OF CHAPTER.
(A) Each board, commission, or committee created by the assembly shall be governed by this chapter unless otherwise provided by ordinance. For purposes of this chapter, the terms “board,” “commission,” and “committee” have identical meanings.
(B) Temporary committees and committees formed for a special purpose of limited duration by ordinance or otherwise shall not be subject to the term of service provisions of this chapter. Such temporary committees shall not terminate until the duty assigned to them is accomplished and the assembly receives its final report, or upon dissolution by the assembly.
(C) Boards and committees may create their own subcommittees as needed.
(D) All committees and boards, whether temporary or not, shall comply with the relevant provisions of the code and shall abide by the rules of procedure as outlined in the most current edition of Robert’s Rules of Order, Newly Revised.
(Ord. 04-080, § 2, 2004; Ord. 94-001AM, § 5 (part), 1994; Ord. 84-34, § 25 (part), 1984)
4.05.020 CREATION/TERMINATION.
(A) A board shall be created either by ordinance or by resolution. Unless established by ordinance, a board shall have advisory functions only, and shall not otherwise act, individually or collectively, as a borough agent.
(B) The assembly may terminate a board in the same manner as it was created.
(C) This section shall not apply to boards created by state statute.
(Ord. 04-080, § 3, 2004; Ord. 94-001AM, § 5 (part), 1994; Ord. 84-34, § 25 (part), 1984)
4.05.030 APPOINTMENT, REMOVAL AND VACANCY.
(A) Board members shall be appointed by the mayor and confirmed by the assembly. Assembly confirmation of an appointment made by the mayor may occur only at a regular or special meeting held after the appointment. A member may be removed by the assembly before the expiration of the member’s term in accordance with this section.
(B) A vacancy occurs on the board when:
(1) a member is removed for good cause by the mayor with the approval of the assembly or by a two-thirds majority of the assembly. Good cause shall be as determined solely by the assembly and shall be stated with each removal action;
(2) a confirmed appointee fails to qualify and assume the duties of the office within 30 calendar days of confirmation;
(3) a board member departs the borough intending to remain outside the borough for 90 calendar days or more or an indefinite amount of time;
(4) a board member submits a resignation accepted by the mayor;
(5) a board member, due to incapacity or absence from the borough, cannot attend board meetings for 90 calendar days or more; and
(6) the board member is absent from more than three consecutive regular board meetings, and the respective board requests the removal, in writing, to the assembly.
(C) In the event that a vacancy is created on a board, the mayor shall promptly act to fill the vacancy for the remainder of the term.
(Ord. 14-024, § 2, 2014; Ord. 04-080, § 4, 2004; Ord. 97-037, § 2, 1997; Ord. 94-001AM, § 5 (part), 1994; Ord. 86-107, § 2, 1986; Ord. 84-34, § 25 (part), 1984)
4.05.040 QUALIFICATIONS OF BOARD MEMBERS.
(A) In addition to any other qualifications which may be required, each board member shall be a registered voter of the borough while serving on a board unless otherwise established by ordinance.
(B) [Repealed by Ord. 04-080, § 5, 2004]
(C) In addition to any application form requested by the mayor, all applicants to boards and commissions shall simultaneously file a supplement to the application on a form prescribed by the borough clerk. The supplement shall contain a list of all civil and criminal judgments entered against the official within ten years of the date of the report to include the case name, nature of action, year of judgment, and a brief description of the judgment entered and/or sentence imposed.
(Ord. 14-168, § 3, 2014; Ord. 04-080, § 5, 2004; Ord. 97-037, § 3, 1997; Ord. 95-092, § 2 (part), 1995; Ord. 94-001AM, § 5 (part), 1994; Ord. 90-156, § 2, 1991; Ord. 86-4, § 2, 1986; Ord. 84-34, § 25 (part), 1984)
4.05.050 TERM OF SERVICE.
(A) The term of any board member is three years unless a different term is established by ordinance. Terms shall be staggered by the appointment of initial members for lesser terms so that as nearly as possible a pro rata number of members are appointed each year.
(B) Except as provided in MSB 4.05.030, the board member serves during the term for which they are appointed and until a successor has been elected or appointed and has taken the seat to which they were elected or appointed. In any event, the board member shall serve no longer than the thirtieth calendar day following the final day of the original term.
(C) Unless otherwise provided in the ordinance establishing a board, a board member may not serve more than two full consecutive terms on the same board. A board member who serves more than one-half of a term is considered to have served a full term. After one year from the date of termination of a board member’s second full consecutive term, the ex-board member may be reappointed to the same board.
(D) In filling vacancies for unexpired terms, an officer who has served more than half a term in office is considered to have served a full term.
(E) The required three-year terms shall be calculated on a calendar-year basis.
(Ord. 04-080, § 6, 2004; Ord. 98-020SUB, § 2, 1998; Ord. 97-037, § 4, 1997; Ord. 94-001AM, § 5 (part), 1994; Ord. 89-24, § 2, 1989; Ord. 86-86, § 2, 1986; Ord. 84-34, § 25 (part), 1984)
4.05.060 Termination and reestablishment of boards. [Repealed by Ord. 04-080, § 7, 2004]
4.05.071 COMPENSATION AND REIMBURSEMENT.
(A) General provisions. A board member shall be eligible for compensation and reimbursement, provided that the board is established by a codified ordinance which sets forth the amount of compensation and reimbursement a member is entitled to receive.
(B) Compensation. Compensation for board members shall be paid as follows:
(1) A board member shall be compensated as prescribed by ordinance.
(2) A board member may request a waiver of compensation for any reason or no reason by submitting the request to in writing to the clerk.
(3) For the purposes of compensation, meetings shall be narrowly construed as official and advertised board meetings, and shall include regularly scheduled and special or emergency meetings and work sessions.
(4) Compensation may not be paid for a member’s attendance at meetings, training or informal activities which are not official and advertised sessions of the board or commission, though attendance fees may be eligible for reimbursement.
(C) Reimbursement. Members shall be reimbursed as follows:
(1) A board member shall be reimbursed for actual, necessary, and pre-approved expenses incurred on authorized board business.
(2) Board members whose borough business takes them outside the borough for any reason shall receive approval from the manager in advance to be eligible for reimbursement.
(3) [Repealed by Ord. 04-080, § 8, 2004]
(D) This section shall apply only to boards established by ordinance pursuant to MSB 4.05.020.
(Ord. 04-080, § 8, 2004; Ord. 94-001AM, § 5 (part), 1994; Ord. 92-037AM, § 3 (part), 1991)
4.05.080 QUORUM.
(A) All meetings shall be conducted in accordance with the current edition of Robert’s Rules of Order, Newly Revised.
(B) A majority of the number of authorized board seats shall be a quorum for the transaction of business. In the absence of a quorum, any business transacted is null and void. The only action that can legally be taken in the absence of a quorum is to adjourn, recess, or take measures to obtain a quorum.
(Ord. 04-080, § 9, 2004; Ord. 97-038, § 5, 1997; Ord. 94-001AM, § 5 (part), 1994; Ord. 84-34, § 25 (part), 1984)
4.05.090 MEETINGS.
(A) Board meetings shall be held regularly at a designated time and place, or as otherwise provided by resolution or ordinance. The chair or majority of the board may call a special board meeting. All meetings shall be open to the public.
(B) [Repealed by Ord. 04-080, § 10, 2004]
(C) [Repealed by Ord. 04-080, § 10, 2004]
(Ord. 04-080, § 10, 2004; Ord. 94-001AM, § 5 (part), 1994; Ord. 84-34, § 25 (part), 1984)
4.05.100 ETHICS.
All board members shall abide by and are subject to the borough code of ethics, MSB 2.71.
(Ord. 94-001AM, § 5 (part), 1994; Ord. 84-34, § 25 (part), 1984)
4.05.110 OFFICERS.
(A) Each board shall have a chairperson and a vice chairperson. Officers shall be elected by a majority of the board members for a term of one year. Election of officers shall be the first order of business at any time that an officer’s seat is not filled.
(B) The duties of the chairperson are:
(1) to open the meeting at the appointed time and determine that a quorum is present;
(2) to enforce the rules relating to debate, order, and decorum;
(3) to state and put to a vote all questions that legitimately come before the board as motions or that otherwise arise in the course of the meeting;
(4) if a motion is not in order, to rule it out of order; and
(5) to assign a member to note those members present and absent and ensure minutes are taken on all actions by the board at each meeting.
(C) The duties of the vice chairperson shall be to perform duties of the chairperson in the chairperson’s absence.
(Ord. 04-080, § 11, 2004; Ord. 94-001AM, § 5 (part), 1994; Ord. 84-34, § 25 (part), 1984)