The City of Scranton Administrative Code

ADMINISTRATIVE CODE

OF THE CITY OF SCRANTON, PENNSYLVANIA, ESTABLISHING AN ADMINISTRATIVE ORGANIZATION FOR THE CITY OF SCRANTON, DESIGNATING THE POWERS AND DUTIES OF THE COUNCIL, THE MAYOR, AND OTHER CITY OFFICERS: PROVIDING FOR THE CONDUCT OF CITY FISCAL AFFAIRS, THE MANNER OF APPOINTMENT OF THE CITY SOLICITOR AND THE APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS AND COMMISSIONS, THE ENACTMENT AND ENFORCEMENT OF CITY ORDINANCES AND THE CONDUCT OF CITY OFFICERS AND EMPLOYEES: REPEALING OBSOLETE AND INCONSISTENT ORDINANCES AND PROVIDING EFFECTIVE DATE HEREOF.

NOTE: All Underlined sentences represent the Administrative Code as amended in 1984.

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ARTICLE I

Short Title and Definitions

Section 101. Short Title. This document shall be known and may be cited as the "Administrative Code of the City of Scranton".

Section 102. Definitions. The following words, when used in this document shall, unless the context clearly indicates otherwise, mean or include as follows:

1. "City" shall mean the City of Scranton, Pennsylvania.
   
   

2. "Council" shall mean the City Council of the City of Scranton, Pennsylvania.
   
   

3. "Municipal Election" shall mean that election required by the Constitution of Pennsylvania to be held in odd-numbered years.
   
   

4. "Person" shall include an individual, a partnership, an association and a corporation.
   
   

5. "Charter " shall mean the Home Rule Charter of the City of Scranton.

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ARTICLE II

LEGISLATIVE

A. COUNCIL

Section 201. Legislative Power. The legislative power of the City government shall be exercised by the Council.

Section 202. Number and Election of Council. The Council shall consist of five (5) members elected at large.

Section 203. Meetings of Council.

1. Regular meetings of Council shall be held at least once a week at such place and time as fixed by Resolution of Council.
   

2. All meetings of Council shall be open to the public, and public notice of such meetings shall be given as required.
   

3. The proceedings of the Council shall be governed by rules and regulations as fixed by Resolution of Council.
   

4. City Council shall recess for the month of August unless a majority of members vote to conduct weekly or bi-weekly meetings or at the call of the President.

Amended in 1985 – over veto of Mayor McNulty ("Vetoed Violates intent of Charter")

ADDED SECTION 204:

SECTION 204. Appointment of Counsel. The Council of the City of Scranton shall designate one (1) person, learned in the law, to act as Counsel for the Council of the City of Scranton. Such Counsel shall be an attorney-at-law admitted and qualified to practice in the courts of this Commonwealth. Such Counsel shall be the legal adviser of the Council of the City of Scranton in matters pertaining to or affecting their office and shall act as their counsel in any litigation involving any matters or things pertaining to or affecting their as members of City Council. Said Counsel shall hold office at the pleasure of the City Council and shall be paid a salary in an amount provided for and fixed by City Ordinance.

B. CITY CLERK

Section 210. City Clerk. The City Clerk shall be appointed by a majority of the members of Council and shall serve at the pleasure of the Council.

Section 211. Duties. The City Clerk shall perform such functions as may be required by law and such duties as are assigned to him by Council.

SECTION 212. Appointments and Removal of Employees. City Council and the City Clerk will be responsible for the appointment and removal of employees under the jurisdiction of the Office of City Council/City Clerk

 

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ARTICLE III

A. EXECUTIVE 

MAYOR

Section 301. Executive power. The executive power of the city government shall be exercised by the Mayor.

Section 302. Powers of Mayor.

1. Enforcement and Supervisory Powers; Reports; Recommendations.

The Mayor shall enforce the charter and ordinances of the City and all general laws applicable thereto. He shall, annually, report to the Council and the public on the work of the previous year and on the condition and requirements of the City government and shall, from time to time, make such recommendations for action by Council as he may deem in the public interest. The Mayor will present to City Council and the public, within thirty (30) days after the close of the quarter, a quarterly report covering the City's state of affairs. He shall supervise all of the departments of the City government, with the exception of the Office of City Council/City Clerk and the City Controller's Office and shall require each department to make an annual and such other reports of its work as he may deem desirable.

2. Ordinances and Resolutions; Council Meetings; Vote; Bonds; Notes; Contracts; Written Obligations.

1. Ordinances and resolutions adopted by the Council shall be submitted to the Mayor and he shall within ten (10) days including Saturdays, Sundays and holidays and during normal working hours, presently between 9 a.m. and 4 p.m., after receiving any ordinance or resolution either return it to the Council by affixing his signature thereto, either approve same by affixing his signature thereto, or return it to the Council by delivering it to the City Clerk together with a statement setting forth his objections thereto or to any item or part thereof. If the tenth (10th) day falls on a Saturday, Sunday, and/or holiday, all Ordinances and/or Resolutions shall be returned by 4 p.m. on the following business/work day. The day it is delivered to they Mayor's Office and returned to the City Clerk's Office will constitute the ten (10) days and not the date of signature and/or veto. No ordinance or resolution or any item or part thereof shall take effect without the Mayor’s approval, unless the Mayor fails to return an ordinance or resolution to the Council within ten (10) days after it has been presented to him, or unless Council, upon reconsideration thereof at its next regular scheduled meeting shall by a vote of extraordinary majority override the Mayor’s veto.

2. The mayor may attend meetings of Council and may take part in discussions of Council but shall have no vote except in the case of a tie on the question of filling a vacancy in the Council, in which case he may cast the deciding vote.

3. All bonds, notes, contracts, and written obligations of the city shall be executed on its behalf by the Mayor and the Controller. Said bonds, notes, contracts, and written obligations are to be signed by the City Solicitor as to form and attested to by the City Clerk.

3. Appointments and Removal of Department Directors.

The mayor shall appoint all department directors pursuant to the Charter, including directors for federal and/or state projects. All appointments shall be submitted by the Mayor to Council at least forty-eight (48) hours ten (10) days prior to Council's next scheduled meeting. Council will have thirty-five (35) days after introductions to approve or reject the appointment. If Council fails to take final action, the appointment will automatically take effect. its next stated meeting and shall be acted upon by Council at the next meeting following ten (10) days’ notice. Removal of department directors shall be made pursuant to the Charter Law.

Section 303. Deputy Mayor. The Mayor shall designate any department head, or the City Clerk, to act as Deputy Mayor whenever the Mayor cannot fulfill his duties due to illness or temporary absence from the City shall be prevented by absence from the City, disability of other cause, from attending to the duties of his office. During such time the person so designated by the mayor shall possess all the rights, powers and duties of Mayor.

Section 304. Vacancy in Office of Mayor. If a vacancy occurs in the Office of Mayor, the City Council shall fill such vacancy, within thirty (30) days thereafter, by choosing a Mayor, to serve for the portion of the unexpired term.

If by reason of a tie vote or otherwise, a vacancy in the Office of Mayor shall not have been filled by Council within the time as limited herein, the Court of Common Pleas, upon petition of the (10) or more qualified electors, shall fill such vacancy by the appointment of a more qualified person for the portion of the unexpired term as herein provided.

Until such time as either Council or the Court fills a vacancy in the Office of the Mayor, the Council President shall serve as acting Mayor and shall possess all the rights, perform all the duties and exercise all the powers thereof.

B. ADMINISTRATIVE ORGANIZATION

DEPARTMENTS, BUREAU OF LAW, HUMAN RELATIONS AND COMMUNITY RELATIONS

Section 310. General. The City shall have the following departments under the supervision of the Mayor:

1. Administration

2. Public Safety

3. Community Development

4. Public Works

5. Law

6. Parks & Recreation

Amended on June 1, 1993 with the support Mayor Connors: SECTION 310. General. The Department of Public Safety shall be abolished as a department within the City's organizational structure. There shall be established and created a department of Police and a Department of Fire.

Section 311. Department Directors. Each department shall be headed by a Director appointed by the Mayor, with the advice and consent of Council, solely on the basis of executive and administrative qualifications appropriate to the duties of each department. Each department director shall serve subject to removal at the pleasure of the Mayor, during the term of Office of the Mayor appointing him and until his successor is appointed and qualified. Subject to provisions of the Charter as to Civil Service and personnel appointment, department directors shall appoint and may, with the approval of the Mayor, remove any such officers or employees. In addition to the duties prescribed in general law, each director of a department shall, under the direction of the Mayor:

1. direct the performance of all duties and responsibilities required of his department or its subordinate agencies provided by state law, this administrative code, or other ordinance of the City, and such other duties as may be required by the Mayor which are not in conflict with law or ordinance;

2. prescribe the internal organization of the department and the duties of subordinate officers and employees within the department;

3. assign functions, powers, and duties to subordinate officers and employees within the department, and modify such assignments as need appears;

4. supervise the work of the department through the provisions provided by the Administrative Code and such other organization units as the Director of the department may find necessary or desirable and supervise and direct the work of the employees of the department;

5. delegate to division heads such of his powers as he may deem necessary for efficient administration;

6. report at least annually to the Mayor and Council in such form as shall be approved by the Business Administrator on the work of the Department during the preceding year and upon request of the Mayor and/or Council file interim monthly reports for periods requested.

7. the Mayor may appoint acting department directors for a period not to exceed thirty-five (35) days. After thirty-five (35) days, said person must be either approved as permanent or dismissed. No acting director can be reappointed to that classification for a period of six (6) months

Section 312. Department of Administration. The Department of Administration shall be headed by a Director who shall be known and designated as Business Administrator and who shall perform the fiscal and administrative service function for the City. The major responsibilities of the Business Administrator and this department are delineated in the Charter. Additional areas of responsibility of this department shall be to supervise established standard personnel policies and practices, assist the Mayor in the preparation of the budget, administer a centralized purchasing system and a payroll system for all departments of the city government, maintain and supervise the city tax program and shall be responsible for tabulation of all departmental reports and such other functions as by law or ordinance shall be assigned to this department.

Section 313. Department of Public Safety. The Department of Public Safety shall carry out the fire and police services required for the protection of persons and property in the city as provided for by Council. The Office of Fire and Police Alarms, the Office of Traffic Safety and the Office of Health shall be supervised by this Department.

Amended in 1993, with support of Mayor Connors to read:
SECTION 313. Department of Public Safety. The Department of Public Safety shall carry out the fire and police services required for the protection of persons and property in the City as provided for by Council. The Office of Health shall be supervised by this Department.

Amended on June 1, 1993 with the support Mayor Connors:
SECTION 313(a). Department of Police. The Department of Police shall carry out law enforcement services for the protection of persons and property in the City as provided for by Council. The Superintendent of Police shall be responsible for emergency management of matters related to the Department of Police.
SECTION 313(b). Department of Fire. The Department of Fire shall carry out fire prevention and fire protection services for the protection of persons and property the City has provided for by Council. The Superintendent of Fire shall be responsible for emergency management of matters relating to the Department of Fire.

Section 314. Department of Community Development. The Department of Community Development shall be responsible for those functions required for the desirable growth and development of the City. The department shall include Planning, Zoning, Community Renewal, Inspections, and Social Welfare.

Amended on June 1, 1993 with the support Mayor Connors:
SECTION 314. Department of Community Development. The Department of Community Development shall be responsible for those functions required for the desirable growth and development of the City. The Department shall include Planning, Zoning, Community Renewal, Inspections, Social Welfare, and Health.

Section 315. Department of Public Works. The Department of Public Works shall perform those activities required in construction operation, maintenance and in the following city functions: engineering; streets; municipal garage; the water system, including meters, distribution and collection and storage facilities; sewerage, including the Sewage Treatment Plant; Maintenance; Solid Waste Collection and Disposal; parks and Recreation. This Department shall provide engineering service not only for its own activities but in cooperation with the operating activities of the other departments for the city government.

Amended on July 23, 1990 with support of Mayor Connors to allow "the proper officials of the City to enter into a contract with the sewer Authority of the city of Scranton as its employee to operate the sewer system including the sewage treatment plant for a period of 90 days from date hereof."

Amended on June 1, 1993 with the support Mayor Connors: SECTION 315. Department of Public Works. The Department of Public Works shall perform those activities required in construction, operation, maintenance in the following city functions, engineering, which shall include traffic maintenance; streets; municipal garage; the water system, including meters, distribution and collections and storage facilities; sewage, including the sewage treatment plant; maintenance; solid waste collection and disposal. This Department shall provide engineering services not only for its own activities, but in cooperation with the operating activities in other departments of the City government.

SECTION 316. Parks & Recreation. The Department is responsible for planning, organizing, and conducting programs that are beneficial to the community designed to improve the physical, psychological, and social economic well-being of its citizens. This includes programs for senior citizens and for the physically and mentally handicapped. The Department is also responsible for the servicing and maintaining of all city-owned recreational facilities.

Section 316 317. Department of Law.

Amended in 1985 – over veto of Mayor McNulty ("Vetoed Violates intent of Charter") SECTION 317. Department of Law. (a) The Department of Law shall consist of a City solicitor, who shall be the head thereof, and shall hold his office until his successor shall be duly chosen and qualified. The City Solicitor shall be the legal adviser to all of the Executive Departments and officers under the supervision of the Mayor and shall act as attorney and counsel for the City in all actions, suits, citations, or claims filed on behalf of or against the City. The Mayor may appoint, with the advice and consent of Council Assistant Solicitor or Solicitors as he and the City Solicitor deem necessary. Such appointments are to include federal and/or state subsidized programs.

1. The City Solicitor shall be the legal officer of the City, appointed by the Mayor with the advice and consent of Council. The Mayor may appoint, with the advice and consent of Council such Assistant Solicitor or Solicitors as he and the City Solicitor deem necessary.

2. The City Solicitor shall be furnished by the heads of the various departments with statements of claims of the City which remain due and unpaid within thirty (30) days from the date of said claim became due and payable, and the City Solicitor shall enter such claim in the City lien docket. Upon payment of any claim so entered, the person receiving said payment shall look forward to the City Solicitor a satisfaction piece; and it shall be the duty of the City Solicitor to cause satisfaction to be entered upon the proper record.

Section 317 318 Residence, The best interest of the City of Scranton shall be most important in employing person or persons to work for the City. It shall be within the sole discretion of the Mayor, in evaluating the circumstances of each candidate for employment, to determine whether any residential requirements shall be enforced.

(THE ABOVE SECTION 318. RESIDENCY – ONLY AMENDS SECTION 4 OF ORDINANCE NO. 17, 1980…ALL OTHER SECTIONS OF ORDINANCE NO. 17, 1980 ARE IN EFFECT.)
The residency requirement was added in 1980. Effective 3/1/80, new employees have six months to move into the city or have his/her employment terminated. Those who were employed by the City prior to 3/1/80 are required to move into the city if they move. If they don't change their residence, there is no requirement to live within the city limits. Also, the Controller can require proof of residency "from time to time".

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ARTICLE IV

AUTHORITIES, BOARDS AND COMMISSIONS

Section 401. Appointment of Members to Authorities, Boards and Commissions.

Where the appointment of members to authorities, boards or commissions is vested in the city by statute or ordinance, such member or members shall be appointed by the Mayor, with the advice and consent of Council. All appointments shall be submitted to Council at least forty-eight (48) hours prior to Council's next such meeting. Council will have thirty-five (35) days after introduction to approve or reject the appointment. If Council fails to take final action, the appointment will automatically take effect. All prior Ordinances or parts of Ordinances, inconsistent herewith, are hereby repealed.

Amended in 1998 over the Veto of Mayor Connors: SECTION 401. Appointment of Members to Authorities, Boards and Commissions. Where the appointment of members to authorities is so stated in the Municipal Authorities Act (53 P.S. subsection 309) said appointment power is vested in the Governing Body, also known as the Council of the City of Scranton. Where the appointment of Boards or Commissions is vested in the City by statute or Ordinance, such member or members shall be appointed by the Mayor with the advice and approval of Council. All appointments to Boards and Commissions by the Mayor shall be submitted to Council at least forty-eight (48) hours prior to Council's next such meeting. Council will have thirty-five (35) days after introduction to approve or reject the appointment. If Council fails to take final action, the appointment will automatically take effect.

Amended in 1999 over the Veto of Mayor Connors: SECTION 401. Appointment of Members to Authorities, Boards and Commissions. (a) Where the appointment of members to Authorities, Boards or Commissions is vested in the City of Scranton's Governing Body (i.e. the Council and Mayor) or Scranton City Council, such member or members shall be appointed by Council by Resolution. Council's Resolution appointing a member or members to Boards, Commissions and Authorities shall be forwarded to the Mayor for his approval or veto consistent with Article V, Section 504, of the City's Home Rule charter. If the Mayor vetoes the appointment Resolution an extraordinary majority vote of Council is necessary to override the veto. (b) Where the appointment of members to Authorities, Boards and Commissions is vested solely in the Mayor by Statute or Ordinance, such member or members shall be appointed by the Mayor with the advice and approval of Council. All appointments under this section shall be submitted to Council at least forty-eight (48) hours prior to Council's next meeting. Council shall place the appointment on its Agenda for introduction within thirty (30) days of receipt of the appointment letter and Council will have thirty-five (35) days to approve or reject the appointment. If Council fails to take final action, the appointment will automatically take effect.

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ARTICLE V

OFFICERS AND EMPLOYEES

Section 501. City Treasurer.

1. The City Treasurer shall be appointed by the Mayor. He shall function within the Department of Administration and report to the Business Administrator.

2. The City Treasurer shall carry out such duties and exercise such powers with respect to the receipt and disbursement of public monies as are provided by general law and, in addition thereto, shall receive for deposit from the departments for the City government all city monies collected by such departments.

3. The City Treasurer shall disburse all City funds in accordance with warrants presented to him therefore and duly sighed by the City Controller and the head of the City department or office requesting said disbursement.

4. The City Treasurer shall give lawful fidelity bond to the Commonwealth, shall account for and pay over all monies received by him as taxes, penalties and interest with a surety company authorized by law of the Commonwealth of Pennsylvania to act as surety, to be approved by ordinance direct, for the accounting for and paying over-all monies received by him in his capacity as City Treasurer and the safekeeping and payment over all public monies entrusted to his care.

5. Such fidelity bonds shall be purchased thru regular city purchasing office based on competitive quotes and such bonds to be approved by City Council prior to the first day of the year he is sworn into office.

6. The City Treasurer shall furnish insurance protection with an insurance company authorized by the State of Pennsylvania, to be approved by City Council in an amount set by ordinance of City Council against the loss of funds through fire, burglary, larceny, theft, robbery or forgery.

7. All fees for such bonds shall be paid for by the City.

Section 502. City Controller.

1. The City Controller shall maintain an encumbrance system of budget operation. He shall receive from the Business Administrator and department heads such information regarding city properties and obligations and city income and expenditures as he deems necessary to carry out these duties. He shall furnish the Mayor and Council a report concerning these matters on a Monty basis. Said report shall be submitted within two (2) weeks after the close of the month. He shall submit such other reports as he deems necessary at least monthly and at such other times as he deems necessary.

2. The City Controller shall review all warrants for the expenditures of city monies and, if satisfied that such expenditures are within the budget allotment pertaining thereto, shall sign said warrant before it is presented to the City Treasurer for payment. In so doing, he shall also pre-audit all claims and demands against the city prior to payment and shall approve warrants for payment thereof only if satisfied that such payment is in accordance with law. He shall only approve such warrants that have sufficient appropriations and monies available.

3. The City Controller elect shall give lawful fidelity bonds for his honest and faithful discharges of his official duties, to the Commonwealth, with a surety company authorized by law of the Commonwealth of Pennsylvania, to act as surety, to be approved by the City Council, in such sum as it may by ordinance direct.

4. Such fidelity bonds shall be purchased through the regular City Purchasing Office based on competitive quotes and approved by City Council prior to the first day of the year he is sworn into office. All fees for such bonds are to be paid by the City.

Amended in 1985 – over veto of Mayor McNulty ("Vetoed Violates intent of Charter")
ADDED SUBSECTION (e):
(e) The City Controller shall, with the advice and consent of Council, appoint one (1) person, learned in the law, to act as Solicitor for the Office of the City Controller. Such Solicitor shall be an attorney-at-law admitted and qualified to practice in the courts of this Commonwealth. Such Solicitor shall be the legal adviser of the City Controller in matters pertaining to or affecting his office and shall act as his counsel in any litigation involving any matters or things pertaining to or affecting the duties of the Office of the City Controller. The Solicitor shall hold office at the pleasure of the City Controller and shall be paid a salary in an amount provided for and fixed by City Ordinance.

Section 503. Blanket Bonds.

1. All employees of the City shall be covered by a public employees’ blanket bond with a surety company authorized by law of the Commonwealth of Pennsylvania to act as surety, to be approved by City Council, in such sum as it may by ordinance direct.

2. Such public employees’ blanket and shall be purchased through the regular city purchasing office based on competitive quotes and approved by City Council. All fees for such bonds are to be paid by the City.

Section 504. Rules and Regulations.

1. No rule or regulation made by any department, office, agency, or authority of the City, except such as relates to the organization or internal management of the city government or part thereof, shall take effect until it has been approved as to form and legality by the City Solicitor and approved by the Mayor and attested to by the City Clerk approved by the Mayor. City Council shall receive all such rules and regulations which shall be filed with the City Clerk.

2. All such rules and regulations shall be published by posting in the Office of the City Clerk for twenty (20) days and in whatever other manner Council deems desirable.

3. The City Clerk shall keep a current record of all rules and regulations filed with him.

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ARTICLE VI

FISCAL

Section 601 Budget. The budget shall be prepared by the Mayor with the assistance of the Business Administrator.

1. On or before April first of each year, the Director of the Department of Community Development, with the assistance of the Bureau of Planning, shall submit a proposed six-year capital improvements program to the City Planning Commission for its study and recommendations. On or before June first of each year, after receipt of the report of the Planning Commission, the Mayor shall submit the program to City Council, incorporating any of the recommendations of the Planning Commission which he deems advisable. The program submitted may be modified by a majority of the members of Council. Passage of the six-year capital improvement program shall be subject to annual revisions.

2. The Business Administrator shall supervise the administration of each annual budget. Immediately after the budget has been enacted and after consultation with the heads of the departments, he shall establish quarterly or such other periodic allotments of appropriations to each department. At the beginning of each allotment period, the amount specified shall become available to each department for obligation during that period. Such allotments for any department may be modified, upon request of the head of the department, by the Business Administrator or by direction of the Mayor. The Mayor must shall file with the Controller and the City Council a copy of each department/bureau a copy of each allotment and modification thereof. An encumbrance system of accounts to control all expenditures within the limits of budget appropriations and to control such allotments shall be maintained by the City Controller. If at any time during the budget year, the Business Administrator shall ascertain the probability of a cash deficit, he shall reconsider the work programs and allotments of the several offices, departments and agencies. Upon such reconsideration and with the approval of the Mayor and Council, the Business Administrator shall revise the allotments so as to forestall, so far as possible, the making of commitments and expenditures in excess of the revenue to be realized during the fiscal year.

Section 602. Appropriation. No monies shall be paid out of the City Treasury except upon appropriation previously made by Council and upon warrant pursuant thereto, which warrant shall explicitly state the purpose for which the money is to be drawn. No work shall be hired to be done, no materials purchased, no contracts made, and no order issued for the payment of any monies in any amount which will cause the sums appropriated to specific purposes to be exceeded. Council may make supplemental appropriations for any lawful purpose from funds on hand or estimated to be received within the fiscal year and not appropriated to any other purpose. Such supplemental appropriations shall be considered by Council as an ordinance amending the annual budget. The Business Administrator shall have the power to authorize the transfer of any portion thereof, within a bureau, but if it is between bureaus and/or departments, then the Business Administrator shall make such transfers only through proper Ordinances. All nondepartmental classification transfers must be by proper Ordinance. department; but if it is between departments, then the Business Administrator shall make such transfer with the approval of Council.

Expenditures from the contingency fund shall be made only upon the express approval of Council.

Amended in 1994 over the Veto of Mayor Connors to read:
……… The Business Administrator shall have the power to authorize the transfer of any unexpended balance of any appropriation item or any portion thereof within a bureau based on the following conditions: (1) Excluding 401 salary line items; (2) Transfers may be made (excluding salary account) within the present category entitled Employee Compensation currently Accounts Nos. 404 to 419 inclusive, but not outside this category; (3) Departmental Expense Category, current Acct. Nos. 420 to 490 inclusive, may be transferred within the bureau at the discretion of the Business Administrator. Any appropriation transfer between bureaus and/or departments, then the Business Administrator shall make such transfers only through proper ordinances. All non-departmental classification transfers must be by proper Ordinance.
Expenditures from the Contingency fund shall be made only upon the express approval of Scranton City Council.

Section 603 Contracts.

1. Competitive Bidding. For the purchasing, leasing, or renting of goods, properties, services or supplies, all contracts which exceed four thousand dollars ($4,000.00) ($1,500.00) one thousand five hundred dollars shall be bid competitively through sealed bids. All such bids/specifications and Invitations to Bidders must be advertised twice on different days in a newspaper of general circulation within the City of Scranton. For purchasing, leasing, renting of goods, properties, services or supplies in the amount of one thousand five hundred dollars ($1,500.00) to three thousand nine hundred ninety-nine dollars & ninety-nine cents ($3,999.99), the Business Administrator and the City Controller will secure three (3) quotes, in writing, and will be responsible for selecting the lowest, most responsible bidder.. All such contracts must be advertised three times on different days in a newspaper of general circulation within the City. All such contracts shall be awarded to the lowest responsible bidder, but the city shall be deemed to reserve the right to reject any and all bids in connection with any such contract.

Amended in 1986 with support of Mayor Wenzel to change the base dollar value requiring competitive bidding from $1,500 to $4,000. NOTE: This doesn't make sense, since the 1984 Administrative Code set the limit at $4,000.

Amended in 1986 with support of Mayor Wenzel to waive the requirement for competitive bidding to purchase three police package sedans from Warnock Ryan Company, of East Hanover, NJ.

Amended in 1992 with support of Mayor Connors to change the base dollar value requiring competitive bidding from $4,000 to $10,000. The dollar value requiring quotes was changed to the range between $4,000.00 and $9,999.99.

2. The bidding requirements as established by the Administrative Code may be waived in the event of an emergency; and emergency shall exist when declared by the Mayor and certified by the Controller.

3. Personal, engineering, and other professional service contracts shall be awarded by the bidding requirements as established by the Administrative Code.

Amended in 1991with the support of Mayor Connors to read: (c) Professional engineering service contracts for highway & bridge work are to be awarded through request for proposal (RFP) method only if federal funds are to be used for a specific project. The RFP method is mandated by federal legislation enacted in 1987 & contained in 23 U.S.C.; 112(B)(2). Under this procurement procedure, price does not come into the picture until after the firms have been ranked on the basis of qualifications.
All other personal, engineering & other professional service contracts shall be awarded by the bidding requirements as established by the Administrative Code.

Amended in 1993 with the support of Mayor Connors to read: (1) Personal, engineering and all other professional service contracts shall be exempt from the bidding requirements as established by the Administrative Code. All personal, engineering and all professional service contracts must first be approved by proper legislation prior to the issuing of a letter to proceed and/or the signing of any contract or agreement. (2) That all personal, engineering and all professional service contracts must first be approved by proper legislation prior to the issuing of a letter to proceed and/or the signing of any contract or agreement.



4. All contracts must be reviewed and approved by the City Solicitor and signed by the Mayor and the Controller or their designated substitutes.

5. The following purchases, leas or renting for goods, properties, services or supplies shall not require advertising or bidding as required in the Administrative Code.

1. Those for maintenance or repair of any public work of the city in the event that an emergency arises with regards to such work and there is insufficient time to proceed as set forth in the Administrative Code.

2. Those where a particular property is needed, in subject to patent or copyright and the need cannot be satisfied by an equally satisfactory alternative.

3. Those involving public utility service under tariffs on file with the appropriate governmental regulatory agency, those made with a state or local or federal government or any agency or public authority thereof as long as the price for any goods purchased or leased therefrom is not in excess of that fixed by the seller or lessor.

6. In order to provide for the protection of the city, contracts awarded shall require a proper bond, check, or other security to be forfeited for nonperformance; where appropriate, a bond for the protection of persons furnishing material to or supplying or performing labor for the city in carrying out of any contract for no less than one thousand five hundred dollars ($1,500.00) and in excess of four thousand dollars ($4,000.00) in excess of one thousand five hundred dollars ($1,500.) for construction, repair or addition to any public work or improvement whenever the contract involves the employment of labor that the contractor will accept, with respect to the work involved, the provisions of the Pennsylvania Workmen's Compensation Act and will either insure his liability from the Pennsylvania department of Labor and industry; whenever the contract involves employment of labor that the contractor or any subcontractor will not discriminate on account of race, color, creed or national origin in his hiring of employees for the performance or work under the contract.
   

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ARTICLE VII

CODE OF ETHICS

Section 701 Declaration of Policy. The proper operation of representative government requires that public officials and employees be independent, impartial and responsible to the people; that government decisions and policy be made in the best interest of the people; the community and the government that public office not be used for personal gain; and that public have confidence in the integrity of its government. In recognition of these goals, the following code of ethics shall apply to all officers and employees of municipal government of the City of Scranton, whether elected or appointed, paid or unpaid, and to members, officers and employees of a municipal authorities and agencies whose members are appointed by the governing body of the City of Scranton.

Section 702. Conflict of Interest. No officer, member or employee of the municipal government or any municipal authority or agency to whom this code of ethics applies shall:

1. Engage in or have financial or other personal interest, in any business or transaction direct or contrived, which is incompatible with the proper discharge of his official duties.

2. Engage in or accept private employment or render services for private interests when such employment of service is incompatible with the proper discharge of his official duties.

3. Utilize information concerning the property, government or affairs or the municipal government or municipal authority or agency to advance the financial or other private interest of himself or others.

4. Accept any valuable gift, tangible, or intangible, or any nature whatsoever, from any person or entity which is interested directly or indirectly in any business or transaction with the municipal government, municipal authority or agency.

Amended in 1990 with support of Mayor Connors to read:
(d) Solicit or accept gratuities, favors, or anything of monetary value from contractors, potential contractors or any parties to subagreements and subcontracts.

5. Represent private interest in any action or proceeding against the municipal government, municipal authority or agency.

6. Vote on or participate in the negotiation or the making of any contract in which he has a financial interest, direct or contrived.

Amended in 1990 with support of Mayor Connors to read:
(f) Vote on or participate in the selecting, award, the negotiation or the administration of any contract in which he, any member of his immediate family, his or her partner, or an organization which employs or is about to employ any of the above has a financial or other interest, real or apparent in the firm selected for the award of the Contract.

Section 703 Disclosure. Any officer, member or employee to whom this code of ethics, applies who shall have any private financial interest direct or contrived in any business or transaction pending before any municipal authority or agency shall disclose such private interest to city council and the board of the authority or agency and it shall be made of matter of permanent record. The said officer, member or employee shall disqualify himself form participating in any decision or vote relating to such business or transaction.

Section 704. Use of Public Property. No officer, member or employee of the municipal government, municipal authority or agency to whom this code of ethics applies shall use any public property for personal benefit, or profit in accordance with policies promulgated by the Mayor.

Section 705. Political Activity. The appropriate provisions of the Act of the United States Congress, popularly known as the "Hatch Act", shall apply to and regulate the conduct of all employees of the City of Scranton.

Section 706. Penalties. The violation of any section of this code of ethics shall be punishable as follows:

1. By reprimand, suspension for a period not exceeding six (6) months, reduction in rank; removal from office, employment or service, forfeiture of salary during period of suspension; all as and when ordered by the Board of Ethics.

Section 707. Contracts Voidable and Rescindable. Any contract between the municipal government, municipal authority or agency to which this code of ethics applies and another party shall be voidable or rescindable at the option of the governmental body at any time within a period of thirty (30) days from the date of execution of such contract if any member, officer or employee there of has any financial or personal interest in such contract and does not disclose such interest in accordance with the section of this code of ethics which applies to disclosure.

Section 708 Board of Ethics. A bipartisan Board of Ethics consisting of five (5) persons who shall be appointed by the Mayor with the advice and consent of City Council to enforce the provisions of this code of ethics. Any officer, member or employee charged with a violation of this code of ethics shall be entitled to notice and hearing and representation of council and have the right to appeal to the Court of Common Pleas of Lackawanna County by proceeding in the nature of a certiorati under existing laws and decisions.

Section 709 Procedure.

1. The person or persons who shall level charges against any officer, member or employee of the municipal government, municipal authority or agency shall be called the complainant.

2. All charges must be submitted together with documented evidence to the Board of Ethics in writing, signed by the complainant and verified under oath.

3. All charges must be kept confidential by the complainant the accused and the Board of Ethics until the Board of Ethics orders a hearing on the charges. This shall here and after be known as the Confidential Rule. The hearing shall be held in a reasonable period of time and shall be open to the public and the Board shall make its findings known.

4. If the complainant is one who comes under the jurisdiction of the code of ethics, and he violates the Confidential Rule, then this shall be considered a violation of the code of ethics. If the complainant is one who does not come under the jurisdiction of the code of ethics, and he violates the Confidential Rule, then this must be considered evidence by the Board of Ethics and interpreted in favor of the accused.

5. The burden of proof is on the complainant and the accused shall be presumed innocent of all charges until the Board of Ethics makes a decision.

6. If the complainant fails to appear, without just cause, at the scheduled hearing, all charges shall be dismissed and the complainant shall be barred from reinstituting the same charge.

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ARTICLE VIII

GENERAL PROVISIONS

Section 801. Sundays and Holidays. Whenever any time established by this code for the taking of any action expires on a Saturday, Sunday, and/or any legal holiday, such time shall not expire on said day, but shall expire by 4 p.m. on the following business/work day. Sunday or any legal holiday, such time shall not expire on said day but shall expire on the next work day.

Section 802. Constitutional Construction. The provisions of this code shall be severable, and, if any of its provisions shall be held to be unconstitutional or illegal, the validity of any of the remaining provisions of the ordinance shall not be affected thereby. It is hereby expressly declared as the intent of Council that this code would have been adopted had such unconstitutional or illegal provision or provisions not been included herein.

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ARTICLE IX

REPEALER AND EFFECTIVE DATE

Section 901. Repealer.

1. All ordinances and parts of ordinances heretofore enacted which are inconsistent with any provisions of this code are, to the extent of such inconsistency hereby repealed.

2. The repeal of any ordinance, or part thereof, by this code or any other ordinance shall not revive any former ordinance or part thereof which may have been repealed by such repealed ordinance or part thereof.

Section 902 Effective Date. This code shall take effect the first Monday of January, 1976. All amendments to the Administrative Code will take effect immediately unless stated otherwise.

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ARTICLE X

HOME RULE

SECTION 1001. Home Rule Charter. This Ordinance is enacted under the authority of the Act of the Legislature, April 13, 1972, Act No. 62 known as the "Home Rule Charter and Optional Plans Law" and any other applicable law arising under the laws of the state of Pennsylvania.

NOTE PROVIDED BY SCRANTON TOMORROW:
The proposed amendments were passed by Council on 11/14/84 and vetoed by Mayor McNulty on 11/24/84.
His statement above his veto signature was "Illegal and against Charter".
Council unanimously voted to override the veto on 11/28/84.

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SCRANTON CITY HOME RULE REFERENDUM VOTED ON IN THE PRIMARY ELECTION HELD TUESDAY, MAY 21, 1974 WAS PASSED WITH THE FOLLOWING RESULTS:

YES 5,462

NO 5,266

CERTIFIED BY JAMES J. DECKER, CHIEF CLERK LACKAWANNA COUNTY BOARD OF ELECTIONS