REPORT AND  RECOMMENDED HOME RULE CHARTER  FOR  THE BOROUGH OF MAHANOY CITY SCHUYLKILL COUNTY, PENNSYLVANIA  Prepared and adopted by: 239 East Pine Street Mahanoy City, PA 17948  The Borough ofl Mahanoy City Government Study Commission  Date of Adoption February 12, 2020  BOROUGH OF MAHANOY CITY GOVERNMENT STUDY COMMISSION Francis P. Burke, Chair Thomas C. McCabe, Vice-Chair Anthony Aschman Michael A. Connolly Kayla Henninger Louis Huber Kenneth R. Soult, Jr.    TABLE OF CONTENTS  Page i i ii ili iv V vi viii ix X  I. Introduction. II. Historical Background  III. The Borough of] Mahanoy City Government Study Commission  IV. Government Study Commission Proceedings V. Issues Identified by the Commission  VI. Summary of the Provisions of the Recommended Home Rule Charter  VII. List of Resources Used.  VII. Question to bel Placed on the April 28, 2020, Ballot.  IX. Recommended Home Rule Charter for the Borough ofl Mahanoy City,  Schuylkill County, Pennsylvania  X. Certification    REPORT AND  RECOMMENDED HOME RULE CHARTER  FOR  THE BOROUGH OF MAHANOY CITY SCHUYLKILL COUNTY,PNNSVINANA  I.I INTRODUCTION  The Borough of Mahanoy City's present system of representative government, which includes seven (7) elected council members, one (1) elected mayor and one (1) elected tax collector, is established by state law in the Borough Code, Act 37 of2014, as amended. Many provisions of the Borough Code are identical to, or derived from laws, rules, and procedures  which were first adopted by the Pennsylvania legislature in the 1800s.  The provisions of the Borough Code apply to all boroughs without regard to a borough's unique history, geography, population, demographics, political climate, or economic makeup. Under a home rule charter form of government, the authority to act in municipal affairs is transferred from state law set forth by the General Assembly to the citizens oft the municipality. A home rule municipality can craft a home rule charter to meet the unique needs and  circumstances of the municipality. II. HISTORICAL BACKGROUND  The Borough of Mahanoy City was incorporated as a Borough on December 16, 1863. The Borough has a total area of0.5 square miles, all land. The Borough was a major center for anthracite coal production in the early 20th century. The Borough's population peaked at 15,936 in 1910 and steadily declined over the next century. The Borough's population in 2010 was 4,162. The Mahanoy Area School District serves the Borough and Mahanoy Township.  On December 8, 2015, the Borough Council of the Borough of Mahanoy City passed a resolution approving the submission of an application to the Pennsylvania Department of Community and Economic Development (DCED) seeking a determination of municipal financial distress. On February 18, 2016, by order of the Secretary ofDCED, the Borough was declared a financially distressed municipality pursuant to the Municipalities Financial Recovery Act, Act 47 of1 1987, as amended. DCED determined that the Borough met one of the enumerated statutory criteria in Act 47 that qualifies a municipality for admission into the Act 47 program failure to make its 2015 Minimum Municipal Obligation of$69,069. DCED also identified many past due bills owed by the Borough which included a $164,878 balance due to its garbage contractor,    $44,478 in various accounts payable and an outstanding 2015 Tax Anticipation Note balance of $260,000. In total, the Borough's general fund had a debt of$538,425 in early 2016.  Pursuant to Act 47, the Borough Council unanimously passed an ordinance on September 22, 2016, adopting the. Act 47 Financial Recovery. Planj for the Borough of Mahanoy City which was prepared by the DCED appointed Act 47 Coordinator, the Pennsylvania Economy League (PEL), in consultation with Borough officials. Upon adoption of the. Act 47 Financial Recovery Plan, Borough Council applied to DCED for a $800,000 interest-free loan to be repaid over 10 years. The Borough received the DCED loan proceeds in October 2016 to pay all of its outstanding accounts payable. One of the initiatives included in the. Act 47 Financial Recovery Plan required Borough Council to increase its resident earned income tax rate by 1.0% to generate additional revenue to meet the Borough's general fund expense obligations. PEL and Borough officials agreed that generating this additional revenue to maintain the Borough's provision of necessary and vital public services to Borough citizens was the preferred alternative  to severely decreasing or eliminating these public services.  The Act 47 Financial Recovery Plan also included an initiative for Borough Council to consider placing a referendum question before the Borough's electorate on whether or not to form a government study commission to examine the current form ofBorough government. PEL and Borough officials agreed that initiating the government study commission process was the only way to sustain the Borough's financial progress without severely decreasing or eliminating vital public services upon the Borough's exit from the Act 47 program in 2021. On May 21, 2019, the Borough's electorate approved the formation ofa a government study commission and elected seven individuals of the Borough to be members of the Borough of Mahanoy City mI. THE BOROUGH OF MAHANOY CITY GOVERNMENT STUDY COMMISSION The Iaw governing the Borough of Mahanoy City Government Commission is the Pennsylvania Home Rule Charter and Optional Plans Law, 53 Pa.C.S. Sec. 2901 et seq., which to study the form of government of the municipality to compare it with other available forms under the laws of this Commonwealth and determine whether or not in its judgment the government could be strengthened or made more clearly responsible or accountable to the people or whether its operation could become more economical 07 efficient under a changed, form of government. 53 Pa.C.S. The Commission has held fifteen (15) public meetings and one (1) public hearing since its election in May 2019. At two scheduled meetings there was a lack of a quorum. All meetings were held at Borough Hall, 239 East Pine Street, Mahanoy City except for the January 22, 2020, public hearing and meeting which were held at the Good American Hose Company, 738 East Mahanoy Street, Mahanoy City. On the following page is a list of the scheduled  Government Study Commission.  sets forth as the duties oft the Commission as follows:  Sec. 2918 (italics added).  meetings of the Commission.  ii    June 12,2019 (initial meeting) July2 2,2019 July 23,2019 (no quorum) August 5, 2019 August 27,2019 September 11, 2019 (no quorum) September 25, 2019 October 2, 2019 October 16, 2019 November 6, 2019 November 20, 2019 December 4, 2019 December 18, 2019 January 8, 2020 January 22, 2020 (public hearing) January 22, 2020 January 29, 2020 February 12, 2020  IV. GOVERNMENT STUDY COMMISSION PROCEEDINGS  Between June and October of 2019, the Commission conducted comprehensive examinations of the current form of Borough government and other forms of government available to the Borough. The Commission began by reviewing the Borough's current form of government under the Borough Code. It reviewed other statutes applicable to the current operation of the Borough government with attention to the Local Tax Enabling Act, Act 511 of 1965, as amended. The Commission also reviewed the Borough's general fund budget and the budgets for the Borough's six (6) special funds: debt reduction, blight, streetlights, library,  sinking/capital and liquid fuels.  The Commission then proceeded to examine the other forms of government available. The Commission examined the Second Class Township Code, the First Class Township Code, the Third Class City Code, the traditional Executivelegislative form of government and the Counci/Manager form of government. While examining these other forms of government the Commission members were comparing and evaluating the Borough Code's strengths and weaknesses against the different governing provisions contained in these alternative forms of  government.  Upon the Commission's completion of examining and comparing other forms of government, the Commission members debated whether the drafting of a home rule charter for the Borough could make the Borough government stronger and more economical. The Commission members concluded that it would be in the best interest of the Borough to modify the current form of Borough government by drafting al home rule charter to address the issues it  iii    identified in its examination. The Commission voted unanimously at its October 16, 2019, meeting to prepare and submit al home rule charter to the voters ofthe] Borough ofMahanoy City. The Commission then began the process of drafting a home rule charter. The Commission members reviewed different proposals and ideas to include ini the home rule charter. Much effort was spent on crafting each and every provision of the recommended home rule charter to address the weaknesses the Commission identified during its examination. By early  January 2020, a first full draft oft the home rule charter had been completed.  A public hearing was held on January 22, 2020, at the Good American Hose Company in Mahanoy City. Over 30 members of the public had the opportunity to ask questions of the Commission members. The Commission members evaluated the public's input provided at the  public hearing.  A second full draft of the home rule charter was reviewed by the Commission members at its January 29, 2020, meeting. At the Commission's February 12, 2020, meeting the Commission approved the draft of the recommended home rule charter included ini this Report as the version to be presented as ai referendum question to the Borough's voters for their approval at  the. April 28, 2020, primary election.  V.I ISSUES IDENTIFIED BY THE COMMISSION  As the Commission drafted the home rule charter it purposely sought to craft a home rule charter that would address issues it identified during the examination and comparison phase ofits  work. The: following is a list ofi issues the Commission identified.  The Borough has experienced a significant population decline over the past 50 years The Borough government is oversized in relation to its smaller population base The Borough's demographics have changed over the past 20 years Property assessed values in the Borough have been steadily declining over past 20 years leading to less property tax revenue at a constant property tax millage rate The Borough has al low property tax collection rate There exists a significant amount of blighted properties in Borough Thel Borough has a large amount of vacant housing units The Borough has al high poverty rate Commonwealth in February 2016  The Borough was declared an Act 47 financially distressed municipality by the The Borough adopted by ordinance an Act 47 financial recovery plan that recommended Borough Council increase the Borough resident earned income tax rate by 1% The additional revenue generated by the Act 47 1% resident earned income tax increase has stabilized the Borough's finances allowing the Borough to maintain its current level The additional Act 47 1%1 resident earned income tax revenue generates 30% of revenues The additional Act 47 1% resident earned income tax revenue is 20% greater than the  ofservices to citizens for general purposes  annual general fund property tax revenue received  iv    Thel Borough's ability to levy the additional Act 47 1% resident earned income tax ceases Without the additional Act47 1% resident earned income tax revenue the Borough would have to increase the general fund property tax rate and significantly reduce public VI. SUMMARY OF THE PROVISIONS OF THE RECOMMENDED HOME RULE  when Borough exits the. Act 47 program in 2021  services toi its citizens CHARTER  The following is a summary of the provisions of the Recommended Home Rule Charter for the Borough ofl Mahanoy City. A complete copy oft the Recommended Home Rule Charter is  included in Article IX oft this Report.  Establishes a 5-member legislative body known as the Mahanoy City Council Council members must be 18 years old; a registered elector of the Borough; and must reside continuously in the Borough for 1 year prior to date of their election Council members must continue to reside in thel Borough while in office  AIIC Council members are elected at-large  AC Council member is permitted to miss 1 Council meeting per year-more than 1 Council maintains authority to pass ordinances, resolutions and set Borough policies All elected Borough officials are prohibited from holding any other elected Borough All former elected Borough officials are prohibited from holding any Borough Maintains appointed offices of Borough Manager, Borough Secretary and Borough Treasurer with a provision permitting one individual to simultaneously hold both the Borough Manager appointment and removal by a majority plus one vote by Council (4 Employees maintain job and benefits under current employment terms and conditions of Limits the number of years of an independent auditor's contract to 4 years and an independent auditor may not be appointed to more than 2 consecutive 4-year contract 10% limit on annual tax revenue increases; majority plus one vote by Council (4 votes) is Mandates adoption of an Administrative Code within 10 months of the Charter's Charter will become effective on January ,2021,trapproved by the Borough electorate  absence will: not be paid for missing a Council meeting Maintains office of elected' Tax Collector  office or being employed by the Borough while in elected office compensated position for 1 year after the end oftheir term Borough Secretary and Borough Treasurer offices  votes)  any labor contract, where applicable. Civil service provisions remain applicable toj police  terms  All Borough adopted budgets must be balanced necessary to raise taxes above this 10% annual limit Creates an operating reserve fund with limited use of reserve funds  effective date  at the. April 28, 2020 primary election    Abolishes 2 current Borough Council positions and the Mayor's position at end of their The Mayor will maintain control of police department until end ofhis term in 2021 All existing Borough ordinances, resolutions, regulations and litigation continue in force All existing Borough property remains property oft the Borough upon the effective date of Alle existing Borough commissions and boards continue in existence Establishes a Transition Committee from date of certification of April 28, 2020 election results until the Charter's effective date when Transition Committee terminates  current term on December 31,2021 upon effective date oft the Charter  the Charter  VII. LIST OF RESOURCES USED  The Borough of Mahanoy City allocated $15,225 for the operations of the Borough of Mahanoy City Government Study Commission. As of February 12, 2020, the Commission had expended $12,350.17. Iti is expected the Commission will expend approximately $2,150.00 more to fulfill its requirements under the law. This would bring the Commission's total spending to  approximately $14,850.17.  The following is a list of resources used by the Borough of Mahanoy City Government Study Commission as of February 12, 2020, as well as estimates of additional resources to be  used.  Actual and Estimated Expenditures  Item or Service Legal Advertising (6/8/19) Legal Advertising (6/25/19) Legal Advertising (7/29/19) Legal Advertising (8/8/19) Legal Advertising (8/30/19) Legal Advertising (1/3/20) Legal Advertising (1/3/20) Secretary Services Notary Service Legal Services  Supplier kepwDlican-Herala Republicam-Herala Republican-Herald Republican-Herald Republican-Herald Republican-Herala Republican-Herald Susan Kester/Francis P. Burke Joseph Grutza Eric M. Lieberman ofLieberman, Tamulonis &1 Hobbs Pennsylvania Economy League Eric M. Lieberman ofLieberman, Tamulonis & Hobbs Pennsylvania Economy League Republican Herald  Amount $86.69 100.40 59.27 228.36 118.25 205.08 77.12 425.00 50.00 3300.00 7700.00 $12,350.17 900.00 900.00 150.00 150.00 400.00 $14,850.17  Professional Consulting Services  Total as of2/12/20  Public Forums (3)  Legal Advertising (meeting)  Legal Advertising (public forums) Republican Herald Legal Advertising (election notices) Republican-Herald  Total (estimated)  vi    We, the members of the Borough of Mahanoy City Government Study Commission, being duly sworn according to law, depose and say the foregoing statement of funds, goods, materials, services, and suppliers used by the Borough of Mahanoy City Government Study  Commission is correct to the best of our knowledge and belief. Borough of Mahanoy City Government Study Commission:  Francis P. Burke, Chair Thomas C. McCabe, Vice-Chair  Anthony Aschman Michael A. Connolly Kayla Henninger Louis Huber Kenneth R. Soult, Jr.  Sworn to and subscribed before me this_  dayo of! February, A.D., 2020  Notary Public  Seal  vii    VIII. QUESTIONTOI BE PLACED ONTHE APRIL28, 2020, BALLOT  Pursuant to 53 Pa.C.S. Sec. 2923(2), the Borough of Mahanoy City Government Study Commission recommends that a referendum shall be held to submit to the electors of the Borough of Mahanoy City the question of adopting the Recommended Home Rule Charter for the Borough of Mahanoy City, Schuylkill County, Pennsylvania prepared by the Commission and as authorized by 53 Pa.C.S. Chapter 29, Subpart B (the Pennsylvania Home Rule Charter By action of the Borough of Mahanoy City Government Study Commission, the following question shall appear on the ballot or voting machine and be submitted to the voters of the Borough ofl Mahanoy City for adoption at the election to be held on April 28, 2020:  and Optional Plans Law, Act of April 13, 1972, PL 883, as amended).  "Shall the Home Rule Charter contained in the report, dated February 12, 2020, of the government study commission, prepared in accordance with the Home Rule Charter and Optional Plans Law, be adopted by the Borough of  Mahanoy City?"  Yes  No  viii    IX. RECOMMENDED HOME RULE CHARTER FOR THE BOROUGH OF  MAHANOY CITY.SCHUYLKILL COUNTV,IENNSVINANA  HOME RULE CHARTER  OF THE  BOROUGH OF MAHANOY CITY,  SCHUYLKILL COUNTY,  PENNSYLVANIA  Adopted by the voters of the Borough ofMahanoy City  YES  NO April 28, 2020  ix    TABLE OF CONTENTS  PAGE  ARTICLEI GENERAL PROVISIONS Section 101. Names and Authority. Section 102. Boundaries Section 103. Powers oft thel Borough... Section 104. Construction of Charter Generally. Section 105. Constitutional Construction Section 106. Intergovernmental Relations. Section 107. Legal Advertising. Section 201. Officials to be Elected.. Section 202. Eligibility. Section 203. Officials Elected. At-Large. Section 204. Term of Office Section 205. Oath of Office. Section 206.1 Prohibitions. Section. 207. Forfeiture ofOffice. Section. 208. Vacancy in Office; Appointment. Section 209. Other Service Section 210. Post-Office Restriction.. ARTICLEI II. COUNCIL Section 301. Governing Body. Section 302. Powers of Council. Section 303. Duties of Council Section 306. Quorum. Section 307. Meetings.. Section 308. Voting. Section 309. Special Meetings. Section 310. Emergency Meetings.. Section 311. Participation by Telecommunication Device. Section 312. Minutes and! Records.. Section 313. Compensation of Members ofCouncil. ARTICLE. IV. TAX COLLECTOR Section 401. Tax Collector; Powers, Duties and Liabilities Section 402. Tax Collector Compensation ARTICLE V. APPOINTED OFFICERS AND EMPLOYEES Section 501. Borough Officers and Employees. Section 502. Compensation; Job) Descriptions; Working Hours; Prohibition.  ARTICLEI II. ELECTION OF OFFICIALS; VACANCIES IN OFFICE  Section 304. Organization of Council: Officer Appointments. Section 305. Chairperson and Vice-Chairperson.  Section 503. Benefits. Section 504. Bonds. Section 505. Appointments.    PAGE 8 8 9 11 11 11 11 12 12 12 12 13 13 13 14 15 15 16 16 17 18 18 18 19 19 19 20 20 20 20 20  Section 506. Civil Service..  Section 507. Creation of Borough Departments; Supervisory Rank.  ARTICLE' VI. BOROUGH MANAGER ARTICLE VII. BOROUGH SECRETARY Section 701. Borough Secretary.. Section 702. Duties. Section 703. Compensation Section 704.. Assistant Secretary. ARTICLE VIII. BOROUGH TREASURER Section 801. Borough Treasurer. Section 802. Duties. Section 803. Compensation Section 804. Secretary and Treasurer. ARTICLE IX. BOROUGH SOLICITOR Section 901. Borough Solicitor. Section 902. Duties. Section 903. Special Legal Counsel.. ARTICLE: X. AUDIT Section 1001.Annual Financial Audit.. ARTICLE. XI. BOROUGH ENGINEER Section 1101. Borough Engineer Section 1102. Duties. ARTICLE. XII. ORDINANCES Section 1201. Ordinances Section 1202. Emergency Ordinances Section 1203. Appeals from Ordinances. Section 1301. Fiscal Year. Section 1302. Borough Budgets Section 1303. Tax. Levies...  Section 601.4 Appointment, Qualifications, Compensation, Powers and Duties, Bond and] Removal  ARTICLE: XII. BUDGET, TAXATION. AND FINANCE  Section 1304. Failure to. Adopt Budget ; Expenditure Prohibition. Section 1305. Supplemental. Appropriations and' Transfers.. Section 1306. Amendment of Budget and' Tax Levies Section 1307. Capital Plan and Budget.. Section 1308. Payment of Borough Funds.. Section 1309. Investment of Borough Funds.. Section 1310. Depository of Borough Funds. Section 1311. Operating Reservel Fund..    PAGE .21 21 21 21 21 21 22 22 23 23 24 24 24 25 25 26 26 26 26 27 27 27 27 28 28 28 28 28 29 29 29  ARTICLE XIV. BOROUGH POLICE Section 1401. Creating or Disbanding Police. Force. Section 1402.. Appointment of] Police. Section 1403. Chief of] Police Section 1404. Contract to Secure Police Service. Section 1405. Contract tol Provide Police Service. Section 1406. Powers..  ARTICLE. XV. FIRE: PREVENTION. AND PROTECTION Section 1501. Authority of Council. Section 1502, Contract to Secure Fire Protection Service. ARTICLEXVI. ADMINISTRATIVE CODE Section 1601. Administrative Code. Section 1602. Contents ARTICLE. XVII. INITIATIVE AND REFERENDUM Section 1701. General Powers. Section 1702. Initiative and Referendum Petition. Section 1703.Action by Borough Secretary. Section 1704. Action by Council. Section 1705. Rejection, Failure to Repeal or Failure to Act. Section 1706. Effect of Repeal Petition on Ordinance. Section 1707. Results of Election. Section 1708. Rescinding Petition. Section 1709. Limitations on Initiative and Referendum ARTICLE XVII. TRANSITION Section 1801. Charter Effective Date, Section 1802. Effect on Current Elected Borough Office Holders. Section 1803. Elective Offices Abolished; Duties.. Section 1804. Council Members. Section 1805. Tax Collector. Section 1806. Legal Continuity Section 1807. Specific Transfer of Functions. Section 1808. Personnel.. Section 1809. Continuation of Boards and Commissions. Section 1810. Administrative Procedures.. Section 1811. Transition Committee Section 1812. Inconsistencies.    ARTICLEI GENERALPROVISIONS  $101. Names and Authority. Pursuant to Home Rule Charter and Optional Plans Law, Act 177 of 1996, as amended, the Borough of Mahanoy City shall continue to be a Pennsylvania municipal corporation under its present name and shall have and may exercise all powers and authority ofl local self- government and shall have complete powers of legislation and administration in relation to its municipal functions, including any additional powers and authority which may hereafter be granted to it. This Home Rule Charter of the Borough of Mahanoy City, Schuylkill County, Pennsylvania shall be known and may be cited as the Charter." As used in this Charter, the word "Borough" shall mean the Borough $102. Boundaries. The boundaries oft the Borough shall be the actual boundaries oft the Borough at the $103. Powers of the Borough. The Borough shall have all powers possible for it to have under the constitution and laws of Pennsylvania as fully and completely as though they were specifically $104. Construction of Charter Generally. The powers of the Borough under this Charter shall be construed liberally ini favor of the Borough, and the specific mention of particular powers in the Charter $105. Constitutional Construction. The provisions oft this Charter are severable. Ifany provision of this Charter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Charter which can be given effect without thei invalid provision or $106. Intergovernmental Relations. The Borough may exercise any ofi its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more municipalities, states or civil divisions or agencies thereof, or the United $107. Legal Advertising. When notice is required to be published by the Borough in one or more newspapers, unless otherwise specified, publication shall be made in the legal notice section in a  ofMahanoy City in Schuylkill County, Pennsylvania.  time this Charter takes effect and as they may be lawfully changed thereafter.  enumerated ini this Charter.  shall not be construed as limiting in any way the general power stated int this Article.  application.  States or any agency thereof.  newspaper of general circulation int thel Borough.    ARTICLEII  ELECTION OF OFFICIALS; VACANCIES IN OFFICE  $201. Officials to be Elected. The electors of the Borough shall elect five (5) council members and one (1) tax collector. Each elected official shall be considered a distinct, individual office. (a) No person shall be eligible for an elected office int thel Borough unless thej person: (2) is at least 18, years of age as oft the date of their election to office; and  $202. Eligibility.  (1) isar registered elector of the Borough;  (3) has been a resident oft the Borough continuously for a period of one (1) year prior to the (b) Prior to being sworn into office each elected Borough official shall present a signed affidavit to the Borough Secretary that states that the elected official resides in the Borough and has resided int the Borough continuously for at least one (1)year immediately prior to the official's election. (c) Each elected Borough official shall continue to reside int the Borough during their term of office. $203. Officials Elected At-Large. All elected Borough officials shall be elected at-large by the $204. Term of Office. Except as otherwise provided by this Charter, every eligible person elected to a Borough office shall serve a term of four (4) years, There shall be no limit on the number of terms of office an elected Borough official may serve. The term of an elected official oft the Borough shall begin on the first Monday of January succeeding the individual's election. If the first Monday is a legal $205. Oath of Office. All elected Borough officials shall be required to take an oath or affirmation before a district justice or a common pleas judge to support the Constitution of the United States and the Constitution of Pennsylvania and to perform the duties of office with fidelity. A copy of the oath or affirmation shall be: filed with thel Borough Secretary before assuming the duties ofthe office. $206. Prohibitions. No elected Borough official shall at the same time hold any other elected Borough office, appointed Borough office, nor serve as a compensated employee of the Borough. No elected  date oft their election to office.  registered voters oft thel Borough.  holiday, the term shall begin the following day.  Borough official shall hold any other elected or appointed political office.  $207. Forfeiture ofOffice.  (a) An elected Borough official shall be required toi forfeit their office if they should:  (1) No longer, meet any of the eligibility requirements prescribed by this Charter or any  applicable statel law;  (2) Be found incapacitated ori incompetent by an appropriate court; or (3) Be convicted of misbehavior in office or any infamous crime.  (b) Council may petition the court of common pleas to remove an office holder and have the office declared vacant if the individual does not forfeit their office after due written notice from the  Mahanoy City Council.  2    $208. Vacancy in Office; Appointment.  (a) Vacancy in Office. If a vacancy occurs in any elected Borough office due to the death, resignation, failure to meet any eligibility requirements, failure to give the required affidavit or bond, failure to take the required oath, or for any other manner whatsoever, the Council shall have thirty (30) days from the vacancy to appoint a successor. Council shall advertise the vacancy and appeal to eligible electors to submit an application for review: for appointment. (b). Vacancy Board. Upon the failure of the Council to make the appointment within thirty (30) days after the vacancy occurs, the vacancy shall be filled within an additional thirty (30) days by the vacancy board. The vacancy board shall consist of the remaining members of Council and one elector of the Borough, who shall be appointed by the Council at Council's organizational meeting or as soon after that as practical and who shall act as chair oft the vacancy board. (c) Court of Common Pleas. Ifthe vacancy board fails to fill the position within thirty (30) days, the chair of the vacancy board, or ift there is a vacancy in the chair of the vacancy board then the remaining members of the vacancy board, shall petition the court of common pleas to fill the (d) Vacancy in Majority of Council Offices. Ifvacancies exist in three (3) or more offices ofCouncil at the same time, the court of common pleas shall fill the vacancies upon presentation of a petition signed by notl less than fifteen (15) registered electors oft thel Borough. (e) Eligibility of Appointment. Any appointment to a vacant office pursuant to this $208 shall meet the elected official eligibility criteria set forth ini this Charter. (f) Term of Appointment. Any appointment made pursuant to this $208 shall be for the unexpired $209. Other Service. Unless there is incompatibility by law, an elected official of the Borough shall be eligible to serve on any board, commission, bureau or other agency created by or for the Borough or $210. Post-Office Restriction. No former elected official shall hold any Borough compensated appointive office or employment until one (1) year after the expiration of the term for which they were elected or the expiration oft their term through appointment under $208 oft this Charter.  vacancy without regards to political party.  term oft the vacant office.  created by or authorized by statute.  3    ARTICLEI II COUNCIL  $301. Governing Body. Thel legislative powers of the Borough of Mahanoy City shall be vested in the Mahanoy City Council, referred tol hereafter as "Council". The Council shall consist ofi five (5) members. Except as may otherwise be provided by this Charter, the terms ofoffice for members of Council shall be staggered to require three (3) council seats be elected at a municipal election and two (2) Council seats to $302. Powers of Council. The Council shall have the corporate power tol lawfully adopt any ordinance, resolution or motion and to make any rule or regulation or appointment that it deems necessary and proper to execute the provisions of this Charter and to conduct the public affairs of the Borough, unless otherwise prohibited by thel Pennsylvania Constitution, applicable state statute or this Charter. $303. Duties of Council. The Council shall be charged with the general governance of the Borough and the execution of all legislative, executive and administrative powers in order to ensure sound fiscal management and to: secure the health, safety and welfare oft the citizens oft the Borough. $304. Organization of Council; Officer Appointments. The Council shall organize on the first Monday of. January of each even-numbered year. Ifthe first Monday is a legal holiday, the meeting to organize shall take place the following day. The Council members shall appoint one member of Council physically present to preside over the organization of Council, provided that, should the members fail to appoint one member to preside over the organization of Council the presiding officer of the organization of Council shall be chosen by lot among the physically present members of Council. The Council shall $305. Chairperson and Vice-Chairperson. The Chairperson of Council shall preside at meetings of Council, be recognized as the head of the Borough government for ceremonial purposes, declare emergencies and perform other duties as specified by this Charter, the Council, or applicable law. The Vice Chairperson shall act as Chairperson during the Chairperson's: absence and/or inability to serve. $306. Quorum. A quorum shall be three (3) members of Council physically present at the designated $307. Meetings. The Council shall conduct a regular meeting for the transaction of business at least once each month at a time and place determined by the Council. Council may conduct workshops at its discretion in conformance with notice requirements pursuant to the act ofJ July 3, 1986 (P.L.388, No. 84), $308. Voting. Unless otherwise provided in this Charter or by applicable law, an affirmative vote ofa majority of the members of Council participating in a meeting in which a quorum is present is necessary in order to transact any business. A member shall not be disqualified from voting on any issue before Council solely because the member has previously expressed an opinion on the issue in either an official $309. Special Meetings. Upon call of the Chairperson or upon a written request signed by three (3) members of Council, the Council may schedule special meetings of the Council after notice required under the act of. July 3, 1986 (P.L.388, No. 84), as amended, and known as the Sunshine Act. Notice ofa special meeting shall state the nature of the business to be conducted at the meeting and include the date,  be elected at thei following municipal election.  proceed to elect one member as Chairperson and another as Vice-Chairperson.  meeting placei in order to conduct the business of Council.  as amended, and known as the Sunshine Act.  or unofficial capacity.  time and location oft the special meeting.  4    $310. Emergency Meetings. Emergency meetings of Council shall be called by either the Chairperson of Council or upon a written request signed by three (3) members of Council. Council may conduct an emergency meeting without public notice for the purpose of dealing with an officially declared AI member of Council may participate in Council meetings by means of telecommunication devices, such as telephones, or computer terminals, which permit, at a minimum, audio communication between (a) A majority of the members of Council then in office is physically present at the advertised meeting place within thel Borough and a quorum is established at the convening or reconvening of the meeting. If, after the convening or reconvening of a meeting, a member of Council has been disqualified from voting as ai matter oflaw, but is still physically present, the members of Council participating by telecommunication device in accordance with this section shall be counted to (b) The telecommunication device used permits the member or members of Council not physically (I) speak to and hear the comments and votes, if any, of the members of Council who are physically present, as well as other members of Council who may not be physically present and are also using at telecommunication device toj participate in the meeting; and (2) speak to and hear the comments of the public who are physically present at the meeting. (c) The telecommunication device used permits the members of Council and the members of the public who are physically present at the meeting to speak and hear the comments and the vote, if any, ofthe member or members of Council who are: not physically present at the meeting. (d) Council may only authorize participation by telecommunication device for one or more of the  emergency.  $311. Participation by Telecommunication Device.  locations, ifthe following apply:  maintain a quorum. present at the meeting to:  following reasons:  (1) illness or disability of the member of Council;  (2) care for thei ill or newborn in thei member'si immediate family;  (3) emergency; or (4) family or business travel.  (e) A member of Council may participate in Council meetings by means of telecommunication (f) Nothing in this section shall be construed to limit the protections and prohibitions contained in  devices no more than three (3) times annually.  any law or regulation relating to the rights oft the disabled.  $312. Minutes and Records.  (a) The Council shall provide for the recording of minutes of its official meetings transacting Borough business and any other official action it deems necessary to record thei minutes thereof.  5    (b) Any member of Council who leaves office shall deliver immediately all official Borough records, equipment, keys or other Borough property in their possessioni to thel Borough Secretary.  $313. Compensation of Members of Council.  (a) Members of Council may receive compensation to be fixed by ordinance not to be in excess of the annual maximum amount provided in the Borough's classification under the provisions oft the Borough Code in effect on the date of the enabling compensation ordinance. Members of Council shall be paid monthly. Members of Council shall only receive ai monthly compensation upon their attendance, either physically or by telecommunication device, at the regularly scheduled Council meeting required by this Charter, provided that, a member of Council shall be permitted one (1) absence annually from a regularly scheduled monthly Council meeting without (b) Any change in compensation amount shall only become effective at the beginning of the next (c) A member of Council shall not receive any additional compensation in any form nor be eligible (d) A member of Council may be reimbursed for expenses incurred on Borough business, provided that, Council is provided prior notice at a Council meeting and Council provides prior approval of  loss of compensation. term oft the member of Council.  for any benefits whether or not provided to employees oft the Borough. the member ofCouncil's intendedi incurring of such expenses.  6    ARTICLE IV TAX COLLECTOR  $401. Tax Collector; Powers, Duties and Liabilities. The Tax Collector shall collect all Borough real estate taxes levied within the Borough. The Tax Collector may also be designated in the tax-levying ordinance or resolution to collect taxes levied under the act of December 31, 1965 (P.L. 1257, No. 511), as amended, and known as The Local Tax Enabling Act. In addition to the powers, duties and responsibilities under this Charter, the Tax Collector shall exercise all the powers and perform all the duties and be subject to all the obligations and responsibilities for the collection oft taxes as are conferred upon tax collectors under Pennsylvania law, including the act of May 25, 1945, (P.L 1050, No. 394), as $402. Tax Collector Compensation. Council shall set the Tax Collector's compensation in accordance with the provisions of compensating a borough tax collector contained int thel Local Tax Collection Law.  amended, and known as the Local Tax Collection Law.  7    ARTICLEV  APPOINTED OFFICERS AND EMPLOYEES  $501. Borough Officers and Employees. Council shall have the power to appoint, promote, suspend,  discipline and remove all appointed officers and employees oft the) Borough. $502. Compensation; Job Deseriptions; Working Hours; Prohibition.  (a) All appointed officers and employees of the Borough shall receive compensation for their (b) Council shall be responsible for prescribing thej job duties of appointed officers and employees. (c) Council shall establish the regular hours and days of work of appointed officers and employees. (d) Council may prohibit the outside employment of appointed officers and employees of the $503. Benefits. Unless otherwise expressly prohibited by this Charter, Council may provide benefits to appointed officers and employees of the Borough, including, but not limited to, insurance covering life, $504. Bonds. If an appointed officer or employee of the Borough is required by law or action of Council to give bond for the faithful performance of the officer's or employee's duties, the Borough shall pay the premium on the bond. The amount of the bond shall equal the highest amount of Borough funds estimated by the Council to be available to the Borough appointed officer or employee at any time during $505. Appointments. Unless there is incompatibility by law, an appointed officer oft the Borough shall be eligible to serve on any board, commission, bureau or other agency created by or for the Borough or $506. Civil Service. The civil service provisions of the Borough Code shall be applicable to the $507. Creation of Borough Departments; Supervisory Rank. Council shall have the power to create and eliminate any Borough department. Council shall bei responsible for establishing the supervisory rank  services as the Council shall prescribe.  Borough.  health, hospitalization and accident andj post-employment annuities and pensions.  the current year. All bonds shall bei filed with the Borough Secretary.  created by or authorized by statute. eligible Borough employees.  ofBorough employees in each Borough department.  8    ARTICLE VI BOROUGH MANAGER  $601. Appointment, Qualifications, Compensation, Powers and Duties, Bond and Removal. (a) Appointment. The Council shall appoint by a majority plus one vote aj person to: fill the office of Borough Manager. The Borough Manager shall serve at thej pleasure of the Council. (b) Qualifications. The Borough manager shall be chosen on the basis of their executive and administrative abilities with special reference to their integrity and actual experience in or knowledge of accepted practices ini respect to1 the duties oft the Borough Manager's office. (c) Compensation. The: salary of thel Borough Manager shall be negotiated by Council and approved (d) Chief Administrative Officer. The Borough Manager shall be the chief administrative officer of (e) Residency. The Borough Manager shall not be required to be a resident of the Borough during (f) Acting) Borough Manager. Should the Borough Manager be absent from office for any reason: for at least fifteen (15) consecutive days, Council may appoint an Acting Borough Manager until the Borough Manager returns from their absence. If the Borough Manager provides notice to the Chairperson of Council that they are terminating their employment with the Borough the appointed Acting Borough Manager shall remain Acting Borough Manager until Council (g) Suspension of Borough Officials and Employees. The Borough Manager may, for cause and without pay, suspend any other Borough appointed official or employee until the succeeding regular meeting of Council at which time the Council may, subject to any civil service or contractual provision, suspend, discharge, reduce in rank or reinstate with pay the other Borough (h) Powers and) Duties. Thej powers and duties of the! Borough Manager shall include the following: (1) Manage all Borough business, including the implementation of policies adopted by (2) Prepare and submit to Council on or before November 15th of each fiscal year a general fund budget for the next fiscal year and an explanatory budget message. (3) Administer all Borough budgets after their adoption by Council.  by a majority vote of Council. the Borough.  the term oft their employment by thel Borough.  appoints al Borough Manager pursuant to the provisions ofthis Charter.  appointed official or employee.  Council.  (4) Supervise alll Borough department directors and the activities of Borough departments. (6) Attend all meetings of Council with the right to take part in the discussion and attend (7) Prepare the agenda for each meeting of Council and supply facts pertinent thereto. (8) Negotiate all contracts which shall be subject to Council approval.  (5) Administer thel Borough's personnel system.  Council committee meetings as requested by Council.  9    (9) Manage compliance with the provisions of all contracts, franchises, leases, permits and (10) Inform Council as to the conduct of Borough affairs; submit monthly reports on the condition of the Borough's finances and such other reports as Council may request; and (11) Establish and maintain the Borough's accounting system and information technology (12) Ensure that all money owed to the Borough is promptly paid and that proper proceedings are taken for the security and collection of all Borough claims for payment. (13) Purchase all supplies and equipment fort the Borough departments and offices. (14) Perform any other powers and duties approved by Council. shall be by a majority plus one vote ofCouncil.  privileges granted by the Borough.  make such recommendations to Council as they deem necessary.  system.  (1) Removal. Council may remove the Borough Manager from office for any reason. Such removal Office Incompatibility. The office of Borough Manager is incompatible with the office of  Borough Treasurer.  10    ARTICLE VII BOROUGH SECRETARY  $701. Borough Secretary. The Council shall appoint by a majority vote one person to be the Borough $702. Duties. Thel Borough secretary is a clerk tot the Council. Thel Borough Secretary shall be (a) Attend all Council meetings and maintain the minutes of Council proceedings. (b) Attest to the execution ofa all instruments, including ordinances. (c) Record the rules and regulations oft thel Borough. (d) Maintain custody oft thel Borough's corporate seal. (e) Certify copies of any rule, resolution, ordinance, etc.  Secretary who shall serve at the pleasure oft the Council. responsible for, but not limited to, thei following:  (f) Inform Council andi the public of all Council meetings including special meetings. $703. Compensation. The Council shall determine the compensation of thel Borough Secretary. $704. Assistant Secretary. Council may appoint an assistant secretary to assist the Borough Secretary int the performance oft the] Borough Secretary's duties or perform the Borough Secretary's duties in case of  absence or disability of the Borough Secretary.  11    ARTICLE VIII BOROUGH TREASURER  $801. Borough Treasurer. The Council shall appoint by ai majority vote one person to bet the) Borough $802. Duties. The Borough Treasurer shall bei responsible for, but not limited to, the following: (a) Receive all moneys due the Borough or received by any Borough officer and deposit them promptly in a designated depository appointed by Council in the name oft the Borough. (b) Keep distinct and accurate accounts of all moneys received from taxes and other sources, which (c) Pay out all moneys of the Borough only on order by the Council. An order shall not be executed (d) Annually state the accounts and make them available to the independent auditor for examination. (e) Preserve the account books, papers, documents and other records of the office and turn them over $803. Compensation. The Council shall determine the compensation of the Borough Treasurer. $804. Secretary and Treasurer. The offices of Borough Secretary and Borough Treasurer may be  Treasurer who shall serve at the pleasure of the Council.  accounts shall be open tot thei inspection of the Council. unless there is money in thet treasury available.  to their successor in office.  held by the same person ifauthorized by Council  12    ARTICLEIX BOROUGH SOLICITOR  $901. Borough Solicitor. The Council may appoint and determine the compensation of a Borough Solicitor. The Borough Solicitor shall bel licensed to practice law int this Commonwealth and may be one person or a law firm, partnership, association or professional corporation. The Borough Solicitor shall serve at the pleasure oft the Council. The Borough Solicitor shall not receive any additional compensation in any form nor be eligible for any benefits whether or not provided to other appointed officials and $902. Duties. The Solicitor shall furnish legal advice to the Council and the Borough Manager concerning any matter arising in connection with the exercise oft their official powers or performance of their official duties and shall prepare any ordinance or resolution for presentation before the Council. The Solicitor shall, at the direction of Council, collect, or cause to be collected, by suit or otherwise, all debts, taxes and accounts due the Borough. The Solicitor shall prepare or approve all contracts, bonds and other instruments in writing in which the Borough is concerned and shall approve all surety bonds required to $903, Special Legal Counsel. The Council may appoint and determine the compensation of special legal counsel in any matter in which Council deems representation by special legal counsel is in the best interest of the Borough. Any appointed special legal counsel shall be licensed to practice law in this Commonwealth and may be one person or a law firm, partnership, association or professional corporation. Special legal counsel shall serve at the pleasure of the Council and shall not receive any additional compensation in any form nor be eligible for any benefits whether or not provided to other  employees oft the Borough.  be given for the protection oft the Borough.  appointed officials and employees oft thel Borough.  13    ARTICLEX AUDIT  $1001. Annual Financial Audit.  (a) Annual Audit. The Council shall provide for an annual independent audit of all financial transactions to be conducted by a certified public accountant or a firm of certified public accountants. This audit shall be made in accordance with generally accepted professional auditing standards and procedures and shall be completed no later than nine (9) months after the (b) Term of Contract. No contract for auditing services may exceed ai four (4): yeart term. (c) Letting of Contract. At the end of a contract term or the termination ofa a contract by the parties before the end ofa contract term, all contracts for the appointment ofa certified public accountant or a firm of certified public accountants shall not be made except with and from the lowest qualified and responsible bidder after due notice in one newspaper of general circulation in the (d) Contract Limit. No certified public accountant or a firm of certified public accountants shall be granted more than two (2) consecutive four (4) year contracts, unless no other qualified (e) Compensation. Council shall determine the compensation to be received by the certified public accountant or firm of certified public accountants. The certified public accountant or firm of certified public accountants shall not receive any additional compensation in any form nor be eligible for any benefits whether or not provided to other appointed officials and employees oft the  close oft the fiscal year.  Borough.  accountant or firm competes for the contract.  Borough.  14    ARTICLE: XI BOROUGH ENGINEER  $1101. Borough Engineer. The Council may appoint and determine the compensation of a Borough Engineer who shall be a registered professional engineer. The Borough engineer shall serve at the pleasure of the Council. The Borough Engineer shall not receive any additional compensation in any form nor be eligible for any benefits whether or not provided to other appointed officials and employees $1102. Duties. The Borough Engineer shall perform their duties as the Council may direct and shall be (a) Control of all matters related to the construction, reconstruction, maintenance and repair of Borough capital assets which shall include the preparation of plans, specifications and estimates (b) Certify in writing the commencement and completion of all projects undertaken by the Borough  of the Borough.  responsible for, but not limited to, the following:  of work to be undertaken by the Borough.  Engineer.  (c) Manage all Borough capital projects as designated by Council.  (d) Provide a monthly report to Council and furnish Council with any other information requested by  Council.  15    ARTICLE. XII ORDINANCES  $1201. Ordinances.  (a) Power to Enact. The Council shall have the power to enact ordinances in accordance with this Article and the laws of the Commonwealth through which the powers of the Borough shall be exercised and enforced. Council may amend, repeal or revise existing ordinances by the (b) Notice. Except as provided by other applicable law, Council may not vote on a proposed ordinance, whether original, amended, repealed, revised, consolidated or codified, unless the proposed ordinance is published at least once in one newspaper circulating generally in the Borough not more than sixty (60) days nor less than seven (7) days before action by Council. Public notices shall include either the full text or a brief summary of the proposed ordinance which lists the provisions in reasonable detail and a reference to a place within the Borough where copies of the proposed ordinance may be examined. Ifthe full text is not included, a copy shall be supplied to the publishing newspaper when the: notice is published, and an attested copy shall be filed within thirty (30) days after enactment in the county law library or other county office designated by the county. commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing the ordinances. The date of such filing shall not affect the effective date of the ordinance, the validity of thej process oft the enactment or adoption of the ordinance; nor shall a failure to record within the time provided be deemed a defect in the (c) Notice of Amendments. Ifthe Borough Solicitor deems that substantial amendments are: made to aj proposed ordinance by Council, then before voting upon enactment, the Council shall at least seven (7) days before enactment re-advertise in one newspaper of general circulation in the Borough a brief summary setting forth all the provisions in reasonable detail, together with a (d) Recording, Ordinances shall be recorded by the Borough Secretary in the ordinance book of the (e) Effective Date. An ordinance shall become effective upon the date of enactment by Council or upon a date certain determined by Council that is expressly stated in the ordinance. (f) Codification of Ordinances. Council may enact a consolidation, codification or revision of Borough ordinances or recorded resolutions as a single ordinance oft the Borough. (g) Fines and Penalties. The fines and penalties of any Borough ordinance shall comply with the  enactment of subsequent ordinances.  process of the enactment or adoption of such ordinance.  summary of the amendments.  Borough.  ordinance fines and penalties provision of the Borough Code.  $1202. Emergency Ordinances.  (a) Notwithstanding the provisions oft this Article, Council may, in the event of an officially declared emergency affecting the life, health, property and peace of the Borough residents, adopt one or  16    more emergency ordinances by a majority vote, but such emergency ordinances shall not levy (b) An emergency ordinance shall be sO designated as an "Emergency Ordinance" and shall clearly (c) No prior publication of an emergency ordinance shall be required and Council may adopt an emergency ordinance at any regular, special or emergency Council meeting during which it is (d) An emergency ordinance shall become effective immediately and shall automatically stand repealed at the end of the thirtieth (30+) day following the date of its adoption, but may be (e) An emergency ordinance may be repealed by adoption of a repealing ordinance in the same (f) An emergency ordinance shall be advertised as soon as possible after the date on which it is $1203. Appeals from Ordinances. Complaints as to the legality of any ordinance adopted by Council  taxes or change tax rates.  state the nature of the emergency: in specific terms.  introduced.  reenacted as provided in this $1202 ifthe declared emergency still exists. manner specified in this section for adoption of emergency ordinances. enacted, as shall any ordinance: repealing an emergency ordinance.  must be made to the court of common pleas.  17    ARTICLE XIII  BUDGELTAXATION ANDI FINANCE  $1301. Fiscal Year. Thei fiscal year oft the Borough shall begin on January 1 and end on December 31.  $1302. Borough Budgets.  (a) Submission of Budgets. On or before November 15th of each year the Borough Manager shall present to Council the proposed Borough general fund budget and budgets for all Borough created special funds for the ensuing fiscal year. The budgets shall provide a complete financial plan for all Borough funds and activities. Each budget shall include all proposed expenditures and other uses and all anticipated revenues and other sources of income. Any unreserved fund balance expected to be used should be specifically identified. The total of all budgeted expenditures and other uses in each budget shall not exceed the total ofa all budgeted revenues and other sources of income, including any unreserved fund balance that is expected to be used. The (b) Public Inspection Notice. Upon the presentation of the proposed general fund budget to Council, the Council shall give public notice by advertisement once in one newspaper of general circulation in the Borough that the proposed general fund budget is available for public inspection at a designated place in the Borough. The proposed general fund budget shall be available for (c) Budget Format. The budget format shall be determined by the Borough Manager and approved (d) Budget Message. The proposed budgets submitted by the Borough Manager shall include a budget message that shall serve as a simple and clear general summary ofthe various budgets and describe their important features; explain the Borough's programs, goals, and objectives for the ensuing fiscal year and their financial implications; indicate any major changes from the current year in financial policies, expenditures, revenues, and personnel complement together with the reasons for such changes; summarize the Borough's debt position; and include such other information as the Borough Manager deems appropriate or as required by Council, (e) Council Action on Budget. Council may not take any action on the proposed general fund budget until the expiration oft the ten (10) day public inspection period. Council may make any revisions to the proposed general fund budget asi it deems necessary by a majority vote. (f) Adoption of Budgets; Deadline. Council shall adopt the general fund budget by ordinance. All other special fund budgets may be adopted by resolution. All Borough budgets shall be adopted  budgets shall clearly define all rates of taxation for the ensuing fiscal year.  public inspection fort ten (10) days after notice is provided.  by Council.  no later than December 3160 oft the current fiscal year.  $1303. Tax Levies.  (a) Adoption. After Council has adopted the budgets, it shall be the duty of Council to enact ordinances levying the taxes referred to in the budgets by ordinance, unless applicable law  provides otherwise.  18    (b) Tax Increase Limit.  (1) In no fiscal year shall the proposed sum of budgeted general and special purpose tax revenues exceed ten (10) percent of the preceding year's sum of budgeted general and special purpose tax revenues. The calculation oft this limitation shall exclude real estate tax revenues dedicated to debt service. Ifi necessary, Council shall take appropriate action to reduce the proposed budgeted tax rates to accomplish this total taxi revenue: increase limit. (2) Notwithstanding the tax revenue limitation set forth in paragraph (1), the proposed sum of budgeted general and special purpose tax revenues in a fiscal year may be increased by an amount greater than ten (10) percent of the preceding year's sum of budgeted general and special purpose tax revenues upon the adoption by Council ofa ai resolution stating due cause for such an increase and approval by Council of such resolution by a majority vote plus  one.  $1304. Failure to Adopt Budget; Expenditure Prohibition. If Council fails to adopt a general fund budget by December 31st of the year in which it is submitted, the authority to expend any general fund revenues for expenses incurred by the Borough on or after. January 1ofthe new: fiscal year is prohibited until Council adopts a general fund budget for the new fiscal year. This expenditure prohibition. shall not be applicable to any expenditures incurred or previously incurred for thej payment of debt or other special  purpose expenses.  $1305. Supplemental Appropriations and Transfers.  (a) Supplemental Appropriations. The Council may, by resolution, modify the adopted budget to make supplemental appropriations for any purpose from any funds on hand or estimated to be received within the fiscal year and not otherwise appropriated, including the proceeds of any borrowing authorized by law. Supplemental appropriations may be made whether or not an appropriation for that purpose was included ini the original budget as adopted.  (b) Transfers.  (1) The Borough Manager may transfer up to five (5) percent of the funds in al budgeted line item during a fiscal year that they deem is unencumbered. The Borough Manager shall notify Council of any transfer made pursuant to this paragraph (1) no later than the next (2) Any transfer of funds in al budgeted line item greater than five (5) percent shall be approved (3) All transfers of funds between Borough funds that are not approved by Council in an adopted budget shall be approved by ai resolution of Council which: resolution shall state the  regularly scheduled Council meeting.  by ar resolution of Council prior to the transfer ofi funds.  terms of repayment to the crediting fund.  $1306. Amendment of Budget and' Tax Levies.  (a) Power to Amend. During the month of January next following any municipal election, the Council may amend the adopted general fund budget ordinance or any special fund budget  resolution. Council may also amend at this time any adopted tax ordinance.  19    (b) Notice. Any amendment to the general fund budget ordinance shall comply with the public inspection notice procedures in $1302(b). Any amendment to the general fund budget ordinance or any amendment to a tax levy ordinance shall comply with the ordinance adoption procedures (c) Adoption Deadline. Any amended budget ordinance or resolution and any amended tax ordinance shall be adopted by the Council on or before the fifteenth (15) day of February $1307. Capital Plan and Budget. On or before August Ist of each fiscal year, the Borough Manager shall submit to Council a capital plan and a capital budget covering the three (3) subsequent fiscal years. The capital plan and capital budget shall include all current and proposed Borough capital improvement projects. The budget format of the capital budget and the information contained ini it shall be determined by thel Borough Manager as approved by Council. Council may amend the capital plan and capital budget proposed by the Borough Manager. The Council shall adopt by ordinance the capital plan and capital budget no later than October 1st of the fiscal year. The Borough shall comply with the budget public inspection notice procedures in $1302(b) and the ordinance adoption procedures in Article XII of this $1308. Payment of Borough Funds. All Borough orders for payment shall be signed by the Chairperson of Council, or in the Chairperson's absence, by the Vice-Chairperson of Council and attested to by the Borough Secretary. Each payment. made by the Council from Borough funds must be made by proper Borough orders, drawn upon the Borough Treasurer. No Borough order may be authorized by Council or signed by the Chairperson of Council unless there are sufficient funds in the treasury of the Borough to pay the order. A separate order must be drawn for each account or payment. $1309. Investment of Borough Funds. The Council may invest Borough funds as enumerated in the $1310. Depository of Borough Funds. The Council shall designate by resolution a depository or depositories for Borough funds. Any funds deposited with any banking institution shall meet the  in Article. XII oft this Charter.  following any municipal election.  Charter.  Borough Code or other applicable statel law.  requirements oft the Borough Code and be sufficiently collateralized.  $1311. Operating Reserve Fund.  (a) Council shall create and maintain an operating reserve fund from which appropriations may be (1) Declared emergencies involving the health, safety and welfare of the residents of the (2) To counterbalance potential or actual budget deficits resulting from shortfalls in anticipated (3) Toc counterbalance potential or actual budget deficits resulting from increases in anticipated (b) Council may annually make appropriations from the Borough general fund to the operating reserve fund, but no appropriation may be made to the operating reserve: fund if the effect of the appropriation would cause the operating reserve fund to exceed twenty-five (25) percent of the estimated total revenues oft thel Borough's general fund' budget fort the current fiscal year.  made to meet any oft the following:  Borough;  revenues or program receipts from whatever source; or  costs for goods or services.  20    ARTICLE: XIV BOROUGH POLICE  $1401. Creating or Disbanding Police Force. The Council may by ordinance create, maintain or $1402. Appointment of Police. The Council shall provide for the organization, supervision, appointment, number and compensation of Borough police officers. The position of chief of police or police officer isi incompatible with the office of member of Council, Tax Collector and Borough Manager. $1403. Chief of Police. The chief of police shall be under the direct supervision of the Borough $1404. Contract to Secure Police Service. The Borough may contract with any other municipal corporation, consortium of municipal corporations, Commonwealth of Pennsylvania, other states or the Federal government to secure police services within the Borough. When any contract is made, the police officers of the employing municipal corporation, consortium of municipal corporations, Commonwealth of Pennsylvania, other states and agencies thereof, or the Federal government and agencies thereof, shall $1405. Contract to Provide Police Service. The Borough may contract with any other municipal corporation, consortium of municipal corporations, Commonwealth of Pennsylvania, other states or the Federal government to provide police services to these other governmental entities. When a contract is made, the Borough police shall have all the powers and authority conferred by law on police in the municipal corporation, consortium of municipal corporations, Commonwealth of Pennsylvania, other states and agencies thereof, or the Federal government and agencies thereof, which has contracted to $1406. Powers. Each Borough police officer has those powers and abilities as are granted to police officers under the laws oft this Commonwealth or the rules of the Supreme Court or the ordinances of the Borough for which ai fine or penalty is imposed. Each police officer when on duty shall wear as shield or  disband aj police force withini the Borough.  The Chair of Council may swear inj police officers.  Manager.  have all the powers and authority conferred by law on Borough police officers.  secure. Borough police services.  badge with the words "Mahanoy City Borough Police" inscribed thereon.  21    ARTICLE: XV  FIRE: PREVENTION, AND: PROTECTION  $1501. Authority of Council. The Council shall provide for fire protection services within the Borough. Council may contribute Borough funds or any other in-kind service to any volunteer fire company that $1502. Contract to Secure Fire Protection Service, The Borough may contract with any other municipal corporation or any volunteer fire company to secure fire protection services within the  provides fire protection services to1 the Borough.  Borough.  22    ARTICLE: XVI ADMINISTRATIVE CODE  $1601. Administrative Code.  (a) No later than eight (8) months after the effective date of this Charter, the Borough Manager shall propose and submit to Council at a scheduled Council meeting an Administrative Code for the Borough government consistent with the provisions and purpose of this Charter. Council shall adopt an Administrative Code by ordinance, with or without amendments, within sixty (60) days after its submission by the Borough Manager. IfCouncil fails to adopt the Administrative Code with sixty (60) days, the Administrative Code as proposed by the Borough Manager shall be (b) Council may amend the Administrative Code only by the ordinance adoption procedures in  deemed adopted and shall become effectivei immediately.  Article XII of this Charter.  $1602. Contents.  (a) The Administrative Code shall set forth a plan for the organization, administrative structure, procedures, and operations of the Borough government. The Administrative Code shall include, (1) An enumeration of the departments, offices, boards, authorities, and other administrative units of the Borough government, their scope of responsibility, and the internal procedures  but shall not be limited to, the following:  for their operations;  (2) Budgeting and other: financial procedures; (3) Purchasing and acquisition procedures;  (4) Policies and procedures governing job descriptions, employee recruitment, selection, orientation, training, benefits, promotion, discipline and discharge and employee use of (5) Any other policies, practices, and procedures desirable for the efficient and effective  Borough property; and  administration ofl Borough government.  23    ARTICLEXVII INITIATIVE AND REFERENDUM  $1701. General Powers.  (a) In accordance with the procedures hereinafter provided, the registered voters oft the Borough shall  have the power toj petition to:  (1) initiate an ordinance to the Council for its consideration; or (2) repeal an ordinance adopted by the Council.  $1702. Initiative and Referendum Petition.  (a) All petition papers for the purpose ofin initiating an ordinance or repealing an ordinance shall: (1) Bear in ink the name, address, date of signing and signature of registered Borough electors which total signatures is equal to or greater than at least ten (10) percent of the total number of votes cast in the Borough for the office of Governor of Pennsylvania in the most recent gubernatorial election for that office, (2) Contain the names and addresses of at least three (3) but no more than seven (7) Borough registered voters designated as the Committee of Petitioners and includes one (1) person designated as the contact person of the Committee and an appropriate mailing address for (3) In the case of initiating an ordinance, identify the title and full text of the proposed (4) Contain on each page an affidavit executed by the circulator of the petition that all signatures thereon are genuine and were affixed in the presence of the circulator on the date indicated only after the signer had an opportunity to read the full text of the petition (5) Be circulated and signed within a period of thirty (30) days between the date oft the first signature and the date at which the petition papers are filed with the Borough Secretary. (6) Be filed with the Borough Secretary, who shall take the action specified in this  the Committee.  ordinance which shall be limited to one subject.  prior to signing,  Charter.  $1703. Action by Borough Secretary.  (a) Upon receipt of an ordinance initiation petition or an ordinance repeal petition, the Borough (1) The Borough Secretary shall examine the petition for compliance with the provisions of this Charter with respect to the form and sufficiency of signatures and no later than twenty (20) days after receiving a petition the Borough Secretary shall issue a written report to the Chairperson of the Committee of] Petitioners by registered mail of the results (A) Ifthe purpose of the petition is to initiate an ordinance, the Borough Secretary shall immediately refer a copy of the ordinance to the Borough Solicitor, who shall, within five (5) days of receipt, certify to the Borough Secretary whether or not the  Secretary must take the following action:  ofsuch examination.  24    proposed ordinance is lawful under general law or this Charter and whether or not the proposed ordinance is in proper form or can be sO written without changing the substance oft the ordinance. If the Solicitor considers the proposed ordinance to be lawful but defective ini form, the Solicitor shall provide a draft inj proper form. The Borough Secretary shall report the findings of the Solicitor in their report to the  Chairperson of the Committee of Petitioners.  (2) Within ten (10) days of receiving the written report from the Borough Secretary, the Chairperson oft the Committee of Petitioners shall notify the Borough Secretary in writing ofthe Committee's acceptance oft thei report and the revised draft, ifany, of the ordinance and shall remedy any minor procedural deficiencies, if any, cited by the Borough Secretary in the report to the Committee of Petitioners. Failure to notify the Borough Secretary will be considered abandonment of the petition and any further action must be (3) Within five (5) days of receipt of the notification from the Chairperson of the Committee of Petitioners, the Borough Secretary shall advertise the proposed ordinance or repeal of the adopted ordinance in the same manner as required for ordinance adoption and repeal by this Charter. The Secretary shall place the proposed ordinance or repeal oft the adopted ordinance on the agenda for consideration at the next regularly scheduled meeting of the Council after the ordinance advertising  initiated by ai new petition.  requirements are satisfied.  $1704. Action by Council. Unless the petition is rescinded by action of the Committee of Petitioners as provided in this Article, the Council shall accept or reject the proposed ordinance or repeal the adopted ordinance at the scheduled meeting. No amendments may be made by Council which materially change the substance or effect of a proposed ordinance or the ordinance to be  repealed.  $1705. Rejection, Failure tol Repeal or Failure to. Act.  (a) If Council votes to reject the proposed ordinance or fails to repeal the ordinance, or should Council fail to take any action on either the proposed ordinance or the repealing ordinance within seventy (70) days of submission of the petition to the Borough Secretary, the Chairperson shall, within ten (10) days of either Council's rejection of the proposed ordinance or Council's failure to repeal the ordinance or Council's failure to act on the proposed ordinance or repealing ordinance, request in writing that the Borough Secretary certify and file a copy of the petition with the proper election officials of Schuylkill County which shall cause the petition tol be placed upon the ballot or voting machine for referendum before the voters of the Borough at the next election- municipal, general or primary--which: shall occur not less than ninety (90) days from the date of the Borough Secretary's certification oft the petition to the proper election officials of Schuylkill (b) The Borough Secretary shall file the petition with the proper election officials of Schuylkill County within ten (10) days ofb being notified by the Chairperson of the Committee of] Petitioners. (c) Prior to the election, the proposed ordinance or ordinance to be repealed shall be published as (d) No referendum shall be taken under this Article other than at the time of a regularly scheduled  County.  required by the Pennsylvania Election Code. See 25 P.S. $ 2600 et seq.  election.  25    $1706. Effect of] Repeal Petition on Ordinance.  (a) Ift the petition calls for the repeal of an ordinance which was not in effect at the time the petition was filed with the Borough Secretary, the effective date of the ordinance shall be: suspended until (b) Ift the ordinance was in effect at the time the petition was filed with the Borough Secretary, the  ai final decision has been made on the petition.  ordinance will: remain in effect until repealed by Council or by referendum.  $1707. Results of] Election.  (a) If a proposed ordinance or repeal of an ordinance is rejected in the referendum, no further action may bei initiated by petition on the same subject within five (5) years from the date oft the election at which the proposal was defeated, provided that, the Council shall retain the option of adopting a similar ordinance or repealing previous ordinances at its discretion. (b) Ifai majority of the qualified electors voting on the question favor the adoption of a proposed ordinance or repeal of an ordinance previously enacted, the new ordinance shall become effective or the repealed ordinance shall become void upon certification of the election results. The Borough Secretary shall add the new ordinance to or delete the repealed ordinance from the record book and the Code of Ordinances. The Council shall take no action to repeal or significantly modify an ordinance adopted by initiative and referendum within a period of two $1708. Rescinding Petition. Before action is taken by the Council or by the election officials of Schuylkill County if the matter has been certified to them for referendum, the Committee of Petitioners may, by majority vote of its members, elect to rescind the petition and thereupon notify,in writing, the Borough Secretary and, if necessary, the election officials of Schuylkill County of such decision. If such action is taken, the matter will be closed and any further action may be taken only by a new  (2)years from the date oft the certification oft the election results.  petition.  $1709. Limitations on Initiative and Referendum. (a) Initiative and referendum may not be used to:  (I) Alter ordinances enacting or amending the annual operating budget, capital budgets or other fund budgets of the Borough; however, such action may be taken with respect to any ordinance authorizing the establishment of specific programs and projects. (2) Alter the salaries or benefits of Borough elected or appointed officials and Borough (3) Alter or rescind any ordinance providing for the levy and collection of taxes, special assessments, service charges, fees, rates or other charges for Borough services. (5) Adopt an ordinance for which the procedures for adoption or amendment are established  employees.  (4) Alter the Borough administrative code. by an applicable law.  26    ARTICLE. XVII TRANSITION  $1801. Charter Effective Date. The Effective Date oft this Charter shall be January 1, 2021, except for the transition provisions of this Article which transition provisions shall become effective upon the Borough's receipt from the Schuylkill County Election Bureau certifying the election results oft the April $1802. Effect on Current Elected Borough Office Holders. Except as otherwise provided in this Charter, all elected Borough officeholders in office on the date this Charter becomes effective shall  28, 2020, primary election.  continue in office for the remainder oft the term for which they were elected.  $1803. Elective Offices Abolished; Duties.  (a) The following elective offices are abolished effective with the end of the term of office to which  the officeholder was elected in 2017: (1) Two (2) Council offices. (2) One (1) Mayor office.  (b) The aforesaid officeholders shall continue to perform their duties subject to the provisions oft this Charter, provided that, the duties of the Mayor during the remainder oft their term shall be limited and restricted to administering the Borough police as provided by the provisions of $1123.1 of Act 37 of2014, as amended, and known as the Borough Code or by the terms ofa any applicable (c) The officeholders of the abolished elective offices shall continue to receive the same compensation at the rate in effect at the time of their election or appointment until end of their term, provided that they shall be subject to the monthly compensation meeting attendance (d) Ifany oft these officeholders shall vacate their office for any reason after the Effective Date oft this Charter and prior to the expiration of their term, the vacancy shall not be filled and the office  collective bargaining agreement.  provisions of $313(a) ofthis Charter.  shall be abolished. $1804. Council Members.  (a) At next municipal election following the adoption of this Charter, the electors of the Borough shall elect one (1) member of Council to serve a term of four (4) years to begin on the first Monday of. January succeeding the municipal election. Ifthe first Monday is a legal holiday, the (b) At the second municipal election following the adoption of this Charter, the electors of the Borough shall elect three members of Council to serve terms of four years and one (1) member of Council to serve a1 term of two (2) years with all terms to begin on the first Monday of. January succeeding the municipal election. Ifthe first Monday is a legal holiday, the term shall begin the following day. The four (4) members of Council holding the Council offices available for this second municipal election following the adoption of this Charter shall draw lots at the January 2023 regular meeting of Council of this municipal election year to determine which office of  term shall begin the following day.  Council shall be subject to the two (2) year term limit.  27    (c) At the third municipal election following the adoption oft this Charter the electors of the Borough shall elect two (2) members of Council for a term of four years to begin on the first Monday of January succeeding the municipal election. If the first Monday is a legal holiday, the term shall  begin the following day. $1805. Tax Collector.  (a) At the municipal election in the year 2021, and at the municipal election every four years after that, the electors oft the Borough shall elect one tax collector to serve at term of four years to begin on the first Monday of. January succeeding the municipal election. Ifthe first Monday is al legal (b) Ift the electors of the Borough fail to choose a tax collector or if any person elected to the office fails to give the required bond or to take the required oath, the vacancy shall be filled under $208  holiday, the term shall begin the following day.  ofthis Charter. $1806. Legal Continuity.  (a) Borough Laws. All Borough ordinances, resolutions, rules and regulations or provisions thereof which are in force on the Effective Date of this Charter that are not inconsistent with the provisions of this Charter shall continue in force until amended or repealed. Any Borough ordinance, resolution, rule or regulation which is in force on the Effective Date of this Charter thati isi inconsistent with the provisions oft this Charter shall be resolved in favor oft the provisions ofthis Charter. Ifany provision of any Borough ordinance, resolution, rule or regulation which is ini force on the Effective Date oft this Charter is inconsistent with thej provisions of this Charter then the inconsistency shall not affect the other provisions of an otherwise valid ordinance, (b) Legal Actions. All rights, claims, actions, orders, contracts and legal or administrative proceedings involving thel Borough: shall continue in force and effect except as may be: modified (c) Property, Records and Equipment. All property, records and equipment of the Borough existing on the Effective Date of this Charter shall remain the property, records and equipment of the $1807. Specific Transfer of Functions. All duties, functions and powers assigned by law and not inconsistent with this Charter are hereby transferred to the Mahanoy City Council in accordance with this Charter. All Borough departments and offices shall continue until abolished or modified. $1808. Personnel. Nothing in this Charter shall affect or impair the rights or privileges of any Borough employee or the terms of any collective bargaining agreement in effect on the Effective Date of this Charter as to salary, tenure, residency, retirement or pension benefits; leave with pay; or any other personal or contractual rights. Nothing in this Charter shall diminish the rights and privileges of any $1809, Continuation of Boards and Commission. All boards and commissions established for or under the authority of the Borough before the Effective Date of this Charter shall continue to exist and operate until amended or abolished by the Mahanoy City Council. Members of the boards and commissions existing on the Effective Date of this Charter shall remain in office for as long as their respective terms provide or until the status of1 their respective boards or commission shall be amended by thel Mahanoy City  resolution, rule or regulation.  pursuant to the provisions of this Charter.  Borough ofMahanoy City.  former employee ini their pension or retirement benefits.  Council.  28    $1810. Administrative Procedures. Upon the Effective Date of this Charter and until an Administrative Code is adopted by the Borough, unless otherwise provided in this the Charter, the Borough shall utilize the relevant provisions of the Borough Code applicable to the administration of Borough government including, but not limited to, purchasing and letting of contracts, eminent domain, streets, parks and playgrounds, health and sanitation, etc. Any conflict or inconsistency between the Charter and the Borough Code shall be resolved in favor of the provisions oft this Charter. Nothing in this $1810 shall be construed as interfering with the governing structure of elected and appointed  offices created by this Charter. $1811. Transition Committee,  (a) Establishment and Purpose. If this Charter is approved by the electors at the April 28, 2020, general primary, then within ten (10) days of the certification of the election results there shall be established a Transition Committee consisting oft three (3) persons to facilitate the transition from the existing form of government toi the form of government established by this Charter.  (b) Membership. The Transition Committee shall include:  (1) One (1) member and one (1) alternate member oft the Council in office as of April 2020, (2) Two (2) members oft the Borough of Mahanoy City Government Study Commission and one (1) alternate member, said members tol be: selected by the Commission. (3) A Transition Committee member may only serve in the official capacity as a member of (c) Duties. The Transition Committee shall commence the process of engaging a consultant to assist the Borough in preparing the Administrative Code. The Borough shall provide the Transition Committee with funding for this project from the general fund or any other available third-party funding source. The Transition Committee may prepare any other necessary documents in order that they may be considered for adoption by Council on or after the (d) Vacancies. Any vacancy on the Transition Committee shall be filled by the respective alternate member previously appointed. In the event the alternate member is unable to serve for any reason, the vacancy shall be: filled by thei remaining members oft the Transition Committee. (e) Compensation,. The Transition Committee members shall serve without compensation but shall (f) Termination. The Transition Committee shall terminate and cease to exist on January 1,2021. $1812. Inconsistencies. Where inconsistent with any of the preceding Articles of this Charter, the  said members tol be selected by Council.  Council or as a member of the Commission.  Effective Date ofthis Charter.  bei reimbursed for legitimate expenses, ifany.  provisions of this Article shall constitute temporary exceptions.  29    X. CERTIFICATION  The Recommended Home Rule Charter for the Borough of Mahanoy City, Schuylkill County, Pennsylvania as stated above is certified to be the true and correct copy as approved by the Borough of Mahanoy City Government Study Commission at its meeting held on February 12, 2020, for submission to the voters oft the Borough of Mahanoy City at the primary election tol bel held on April 28, 2020.  Borough of Mahanoy City Government Study Commission*  Francis P. Burke, Chair Thomas C. McCabe, Vice-Chair  Anthony Aschman Michael A. Connolly** Kayla) Henninger Louis Huber Kenneth R. Soult,Jr.  *Larry) Levy served as an elected member oft the Commission until his resignation on November 6, 2019.  **] Michael A. Connolly was appointed to the Commission on November 20, 2019. Attorney Eric M. Lieberman served as the Commission's Solicitor.  The Pennsylvania Economy League, Central PA Division, served as the Commission's) Professional Susan Kester: served as the Commission's secretary until her resignation on December 4, 2019. Francis P. Burke was appointed secretary at the Commission's January 8, 2020.  Consultant.  X