Qualifications of mayor, the chief executive office.

How elected.

Term.

Cannot be reelected.

In case of a tie vote, incoming councils to elect.

Vacancy, how filled.

Mayor pro tempore, and how chosen.

executive power shall be vested in the mayor and in the departments authorized by this act.

The mayor shall be the chief executive officer of the city, and shall be at least twenty-five years of age, and have been a citizen and inhabitant of the State five years, and an inhabitant of the city for which he may be elected mayor five years next before his said election, unless absent on the public business of the United States, or of this State, and shall reside in said city during his term of service.

The mayor shall be chosen by a plurality of the votes cast at the municipal election, and shall hold his office for the term of four years from the first Monday of April next ensuing his election, and serve until his successor is duly elected and qualified, but shall not be eligible to the office for the next succeeding term.

If two or more candidates be equal and highest in votes one of them shall be chosen mayor by a vote of the majority of all the members of the incoming councils in joint convention assembled, immediately upon their organization.

When a vacancy shall take place in the office of mayor, a successor shall be elected for the unexpired term at the next municipal election occurring more than thirty days after the commencement of such vacancy, unless such election should occur in the last year of said term, in which case a mayor pro tempore shall be chosen by councils in joint convention by the votes of the majority of members elected, and the person elected mayor shall hold office until the expiration of said term and until his successor shall be duly elected Duty of president of and qualified, and it shall be the duty of the president of the select council to issue the proclamation for such joint convention to be held not less than ten, nor more than twenty days, after such vacancy shall take place.

select council.

To act as mayor during vacancy.

Duties of the mayor.

Cabinet meetings to be held at least once a month.

Until the vacancy is filled the president of select council shall act as mayor.

It shall be the duty of the mayor:

I. To cause the ordinances of the city and the laws of the State to be executed and enforced.

II. To communicate to councils at least once a year a statement of the finances and general condition of the affairs of the city, and, also, such information in relation to the same as either branch of council may, from time to time, require.

III. To recommend by message in writing to the councils all such measures connected with the affairs of the city and the protection and improvement of its government and finances as he shall deem expedient.

IV. To call special meetings of councils, or either of them, when required by public necessity.

V. To perform such duties as may be prescribed by law or ordinance, and he shall be responsible for the good order and efficient government of the city.

The mayor shall call together the heads of departments for consultation and advice upon the affairs of the city at

least once a month, and at such meetings he may call on the heads of departments for such reports as to the subject matters under their control and management as he may deem proper, which it shall be their duty to prepare and submit at once to the mayor. Records shall be kept of such meetings and rules and regulations shall be adopted thereat for the administration of the affairs of the city departments, not inconsistent with any law or ordinance, which regulations shall prescribe a common and systematic method of ascertaining the comparative fitness of applicants for office, position and promotion, and of selecting, appointing and promoting those found to be the best fitted without regard to their political opinions or services.

The mayor shall be ex-officio a member of all boards herein provided for, except the board of building inspectors, and shall have the right as such to participate in their deliberations and proceedings, and vote whenever he may deem it advisable so to do.

Reports to be made

and submitted when

called for.

Records to be kept

of such meetings,

and rules and reguthereat.

lations adopted

Mayor ex-officio boards, except that

member of all

of "building inspectors."

officer appointed by him.

The mayor may, by a written order to be transmitted to May remove any select councils giving his reasons therefor, remove from office any head of department, director or other officer appointed by him.

During the recess of select council he shall have power to fill all vacancies that may happen in offices to which he may appoint subject to the approval of the said select council at their next session, and if such appointment shall not be rejected within thirty days after said select council shall have convened the same shall be considered confirmed.

The several heads of departments shall present to the mayor annually on or before the first Monday of February, a report of their proceedings during the preceding year, and he shall transmit the same to councils with any recommendations he may think proper to make.

The mayor may disapprove of any item or items of any bill making appropriations, and the part or parts of the bill approved shall be the law, and the item or items disapproved shall be void, unless repassed according to the rules and limitations prescribed by law for the passage of bills over the mayor's veto.

The mayor shall, as often as he may think proper, appoint three competent persons to examine without notice the accounts of any city department, trust officer, or employé, and the money, securities and property belonging to the city in the possession or charge of such department trustees, officer, or employé, and report the result of such investigation.

ARTICLE II.

THE EXECUTIVE DEPARTMENTS.

And fill all vacansubject to approval

cies during recess,

of select council.

Annual reports to heads of depart

be made by the

ments.

Mayor may veto any item of any bill tions.

making appropria

And appoint comwithout notice, the

mittee to examine,

accounts of any city department, officer,

&c.

SECTION 1. There shall be the following executive depart- Executive depart

ments:

ments.

No other depart

ment to be created.

Bureaus, clerks

I. Department of public safety.
II. Department of public works.
III. Department of receiver of taxes.
IV. Department of city treasurer.

V. Department of city controller.
VI. Department of law.

VII. Department of education.

VIII. Department of charities and correction.
IX. Sinking fund commission.

No department shall be created other than those herein enumerated.

Councils shall provide by ordinance for such bureaus, &c., to be provided clerks, or other subordinate officers, as may be required for the transaction of the business of the department.

by councils.

Each department
to have supervision
over its own offi-
cers, clerks, &c.

And furnish the mayor or councils

with all required information.

Each department shall have power to prescribe rules and regulations, not inconsistent with any law or ordinance, or with the provisions of article one hereof, for its own government, regulating the conduct of its officers, clerks and employés, the distribution and performance of its business, and the custody, use and preservation of the books, records, papers and property under its control.

Each department shall furnish to the mayor or councils, or either branch of councils, such information as he or they may at any time demand in relation to its affairs.

ARTICLE III.

Public safety under

DEPARTMENT OF PUBLIC SAFETY.

SECTION 1. The department of public safety shall be charge of the direc- under the charge of one director who shall be the head

Police affairs.

Qualifications of employees.

Power to appoint additional police

men.

Compensation, by whom paid. Discipline.

thereof.

The care, management, administration and supervision of the police affairs, and all matters relating to the public health, to the fire and police force, fire alarm telegraph. erection of fire escapes, and the inspection of buildings and boilers, markets and food sold therein, shall be in charge of this department.

No person shall be employed in this department as a policeman or fireman who is not a citizen of the United States, or who has been convicted of crime unless pardoned, who cannot read and write understandingly in the English language, or who shall not have resided within the State at least one year preceding his appointment.

or

The superintendent of police, whenever directed by the department shall appoint and cause to be sworn in any number of additional patrolmen to do duty at any place in the city designated, by and at the charge and expense of the person or persons who may ask for such appointment. They shall be subject to and obey the orders, rules and regulations of the department, and conform to the general discipline and special regulations thereof.

The mayor may, upon any emergency or apprehension of riot or mob, take command of the police force and appoint as many special patrolmen as he may deem advisable. During their services the special appointees shall possess the powers and perform the duties of regular employés of the department, and shall receive such compensation as shall be authorized by the mayor, not exceeding that of the regular officers of the force performing corresponding duties.

The department shall make suitable regulations, under which the officers and members of the fire telegraph and police force shall be required to wear an appropriate uniform. It shall be a misdemeanor punishable by fine not exceeding five hundred dollars, and imprisonment not exceeding six months, or either or both in the discretion of the court, for any person to falsely personate by uniform, insignia or otherwise, any officer or member of the depart

ment.

There shall be created and established by ordinance a pension fund to be maintained by an equal and proportionate monthly charge made against each member of the fire and police force, which fund shall be safely invested and held in trust by the commissioners of the sinking fund and applied upon such terms and regulations as councils may by ordinance prescribe, for the benefit of such members of the fire and police force as shall receive honorable discharges therefrom by reason of age or disability, and the families of such as may be injured or killed in the service; but such allowance as shall be made to those who are retired by reason of the disabilities of age shall be in conformity with a uniform scale.

No policeman or fireman shall be dismissed without his written consent, except by the decision of a court either of trial or of inquiry duly determined and certified in writing to the mayor, which court shall be composed of persons belonging to the police or fire force equal or superior in official position therein to the accused. Such decision shall only be determined by trial of charges with plain specifications, made by, or lodged with, the director of the department of public safety, of which trial the accused shall have due notice, and at which he shall have the right to be present in person. The persons composing such court shall be appointed and sworn by the director of the department of public safety to perform their duties impartially and with out fear or favor, and the person of highest rank in such court shall have the same authority to issue and enforce process to secure the attendance of witnesses, and to administer oaths to witnesses, as is possessed by any justice of the peace in this Commonwealth.

Such charges may be of disability for service in which case the court shall be one of inquiry, whose decision may be for the honorable discharge from the service of the person concerned, or of neglect or violation of law or duty, in

When a court of trial, and what decision may be.

Person charged may be suspended pending trial with or without pay as

the court shall determine.

Trial not to be delayed more than one month.

Until approved by

efficiency, intemperance, disobedience of orders, or unbecoming official or personal conduct, in which cases the court shall be one of trial, and its decision may authorize the director of the department of public safety to impose fines and pecuniary penalties, to be stopped from pay, or to suspend from pay or duty, or both, for a period fixed by them not exceeding one year, or to dismiss from the service.

It shall be lawful for the director of the department of public safety at his discretion, to suspend from duty before trial any person charged as aforesaid, until such trial can be had, with or without pay as such court shall afterward determine, but no trial shall be delayed for more than one month after charge made.

The finding of the court of trial or inquiry as aforesaid, of court of no effect. shall be of no effect until approved by the mayor.

the mayor, decision

Board of health to continue with powers and duties as now authorized by law, &c.

Present members to serve until expiration of terms, &c.

In cities of the first class the board of health shall continue with the powers and duties now vested in it by law, but the members thereof shall be five in number to be nomnated by the mayor and confirmed by the select council for the period of three years. The present members thereof shall serve until the expiration of their terms of office respectively, but when their number shall be reduced below five, then the mayor shall nominate persons to fill the vacancies resulting therefrom so that the number shall be department of pub- always five, but the board of health shall be attached to the department of public safety. The director of public safety shall ex officio be a member and president of the board of officio member and health, and as chief executive officer thereof, subject to the resolutions and orders of the said board, appoint, supervise and control all the subordinate officers and employés attached to the board.

To be attached to

lic safety.

Director of public

safety shall be ex

president of board of health, &c.

Board of building inspectors to continue with powers and duties as now authorized by law, and shall consist of three members.

serve until expira

The board of building inspectors shall continue with the powers and duties now vested in it by law, and shall consist of three members. After the expiration of the respective terms of office of the several present building inspectors, their places shall be filled by appointment by the head of Present members to the department, in the manner pointed out in article twelve hereof; but it shall be attached to the department of public safety, and shall perform the duties now by law allotted to it under the supervision and control of the director of public safety. The said board shall be composed of practical bricklayers and carpenters, but the three members thereof shall not all be of the same occupation.

tion of terms, &c

Board attached to

department of pubQualifications of its

lic safety, &c.

members.

Public works under charge of one director.

Water works, &c.,

placed under con

ARTICLE IV.

DEPARTMENT OF PUBLIC WORKS.

SECTION 1. The department of public works shall be under the charge of one director who shall be the head thereof.

Water works and gas works owned and controlled by the trol of department city, the supply and distribution of water and gas, the grading, paving, repairing, cleaning and lighting of streets,

of public works.