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ARTICLE IV:
The Mayor
Section
401.  Qualifications
and Term of Office.
The
executive power of the government of the
Township of Upper Darby shall be vested in
a Mayor, who shall be a qualified elector
of the Township and shall have resided in
the Township for a period of at least one
(1) year preceding the date on which he
will assume office. The Mayor shall be
nominated and elected by qualified
electors of the Township-at-large, in
accordance with the laws of the
Commonwealth of Pennsylvania, to serve for
a term of four (4) years in the manner
hereinafter provided. The Mayor shall
continue to reside within the Township
during his term of office. No person shall
be elected to the office of Mayor for more
than three (3) successive
terms.
[
Return
to Section 405C
]
[
Return
to Section 1103A
]
Section
402. Prohibitions.
The
Mayor shall not hold any other compensated
position in the government of the Township
of Upper Darby.
Section
403. Powers
and Responsibilities of Mayor.
The
Mayor, in addition to any other power and
responsibilities provided in this Charter,
shall:
A.
Supervise
and control, either directly or through
subordinate employees, all the
administrative departments and divisions
of the Township.
B.
Execute
and enforce all laws, ordinances, and
resolutions and see that they are
faithfully obeyed.
C.
Appoint,
with the approval of six (6) members of
Council, a Chief Administrative
Officer.
D.
Have
the right to be present at and to
participate in all Council meetings and to
recommend to Council such ordinances and
resolutions as he deems necessary and
desirable, provided, however, that he may
not vote in Council meetings except in the
case of a tie, as
otherwise provided
herein.
E.
Submit
to the Council an annual report describing
the state of affairs of the
Township.
F.
Prepare
and submit to the Council the annual
budget and capital program of the
Township.
G.
Report
to the public, at least once a year, on
the state of affairs of the
Township.
H.
Execute,
or cause to be executed on the Township's
behalf, all deeds, contracts, and other
instruments to which the Township is a
party.
I.
Have
the power to approve or veto legislation
as set forth in Section 404 of this
Article.
J.
Appoint,
with the approval of six (6) members of
Council, all members of authorities,
boards, and commissions except as
otherwise provided in law.
K.
Have
the power to appoint and to dissolve from
time to time voluntary committees of
citizens to assist and advise him on
issues and matters pertaining to his
office.
L.
Represent
the Township in deliberations with other
governmental bodies and shall have the
authority to negotiate intergovernmental
cooperative agreements which shall be
subject to the final ratification of
Council.
1.
The
Mayor may appoint an appropriate
delegate to perform the functions
listed within this paragraph.
M.
Have
all necessary and incidental powers to
perform and exercise any of the duties and
functions of his office as set forth in
this Charter or lawfully delegated to
him.
Section
404.
Veto Powers of the Mayor.
Every
ordinance and resolution passed by Council
shall be sent to and received by the Mayor
within three (3) days from its adoption.
The Mayor may approve such legislation by
signing it within a period of ten (10)
days after its passage by Council. The
Mayor may disapprove (veto) such
legislation by not signing it; but in such
cases, he shall return it to Council
within ten (10) days after its adoption
with a written statement of his
objections. If the Mayor shall neither
sign nor veto such legislation within the
above specific time period, then it shall
take effect in the same manner as if he
had signed it on the last day of said ten
(10) day period. Following the veto by the
Mayor, Council may reconsider the
legislation; and it shall take effect if
it is approved by seven (7) members of
Council notwithstanding the veto of the
Mayor.
Section
405. Vacancy
in the Office of Mayor
A.
Temporary
Absence. During
any period when the Mayor shall be absent,
temporarily incapacitated, or unable for
any cause to perform his duties, these
duties shall be assumed by the President
of Council, who shall become acting Mayor,
and in the absence of the President of
Council, by whomever Council shall
appoint.
B.
Vacancy.
The
office of Mayor shall become vacant upon
his death, resignation, removal from
office in any manner authorized by this
Charter or by law, or forfeiture of his
office.
C.
Forfeiture
of Office. The
Mayor shall forfeit his office if
he:
1.
Lacks
at any time during his term of office
any qualification
for the office
as prescribed by this Charter or by
law;
2.
Willfully
violates any express, substantive
prohibition of this Charter;
3.
Is
convicted of a crime involving moral
turpitude.
D.
Filling
of Vacancy. If
the office of Mayor shall become vacant,
the President of Council shall become
Mayor and shall serve out the unexpired
term of the Mayor. If the President of
Council should be unable or unwilling to
serve as Mayor, and so informs the Council
in writing within forty-five days of the
occurrence of the vacancy in the office of
Mayor, the Council shall choose, by
majority vote of the members then serving
(including the vote of the President of
Council then serving as Mayor), another of
its members to serve out the unexpired
term of the Mayor and the President of
Council then serving as Mayor shall resume
his office as a member and as President of
Council. If the President of Council does
not so inform the Council within such
forty-five day period, the President of
Council shall remain as Mayor until the
earlier of the end of the unexpired term
of the Mayor, his death, resignation,
removal from office in any manner
authorized by this Charter or by law, or
forfeiture of office. Except as provided
with respect to the forty-five (45) day
notice period provided above, if the
President or other member of Council
becomes Mayor for longer than the
foregoing forty-five (45) day period, his
office as Council member shall become
vacant.
[
Return
to Section 307
]
Section
406. Compensation
of Mayor.
A.
The
Mayor's salary shall be ten thousand
dollars ($10,000) per annum. Such salary
shall be increased by Council only when
the salaries of Council members are
increased. In this case, the Mayor's
salary shall automatically increase by the
same percent by which Council members'
salaries have been increased. Salary
increases for the Mayor shall become
effective on the same date as those of
Council members.
B.
In
addition to the salary provided to the
Mayor pursuant to Section 406A, the Mayor
shall be entitled to receive the same
health care insurance, life insurance and
pension benefits as are made available
from time to time to the Chief
Administrative Officer pursuant to
Section
503.
C.
Except
as provided in Sections 406A and 406B, the
Mayor shall not receive from the Township
other compensation, direct or indirect,
except for reimbursement of actual
out-of-pocket expenses incurred in the
performance of his duties. Such
reimbursement shall be pursuant to
procedures established by resolution of
Council.
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