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PREFACE
Chapter C HOME RULE CHARTER
Chapter 1 GENERAL PROVISIONS
Chapter 5 ADMINISTRATIVE CODE
Chapter 14 AUTHORITIES
Chapter 23 BOARDS, COMMISSIONS, COMMITTEES AND COUNCILS
Chapter 36 FIRE AND RESCUE SERVICES
Chapter 51 INITIATIVE AND REFERENDUM
Chapter 62 PENSIONS
Chapter 70 PERSONNEL
Chapter 77 POLICE DEPARTMENT
Chapter 91 SALARIES AND COMPENSATION
Chapter 120 ALARM SYSTEMS
Chapter 127 ALCOHOLIC BEVERAGES
Chapter 141 ANIMALS
Chapter 166 CABLE TELEVISION
Chapter 173 COMMERCIAL LAUNDRY CODE
Chapter 180 CONSTRUCTION CODES
Chapter 185 CONVERSION THERAPY
Chapter 188 CURFEW
Chapter 201 ELECTRIC SERVICE
Chapter 212 FEES
Chapter 219 FIREARMS
Chapter 225 FIREWORKS
Chapter 231 FIRE INSURANCE PROCEEDS
Chapter 237 FIRE PREVENTION AND PROTECTION
Chapter 251 FOOD CODE
Chapter 272 GRAFFITI
Chapter 288 HEALTH AND SAFETY
Chapter 295 HISTORICAL AND CONSERVATION DISTRICTS
Chapter 302 HOUSE NUMBERING
Chapter 308 HOUSING
Chapter 317 INVASIVE PLANTS AND NOXIOUS WEEDS
Chapter 325 LAW ENFORCEMENT
Chapter 328 LEAD POISONING PREVENTION
Chapter 332 LIBRARY
Chapter 339 LICENSES AND PERMITS
Chapter 346 LITTER AND ADVERTISING MATERIAL
Chapter 353 LOITERING AND PANHANDLING
Chapter 364 MASSAGE THERAPISTS
Chapter 378 MUNICIPAL CLAIMS AND LIENS
Chapter 387 NOISE
Chapter 396 PARKS AND RECREATION
Chapter 403 PAWNBROKERS
Chapter 410 PEDDLING AND SOLICITING
Chapter 424 POLES
Chapter 431 PROPERTY SALES
Chapter 433 PUBLIC ART
Chapter 438 RAIN BARRELS
Chapter 442 RECORDS, PUBLIC ACCESS
Chapter 453 SALES
Chapter 460 SCRAP METAL DEALERS
Chapter 467 SEWERS AND SEWAGE DISPOSAL
Chapter 473 SEXUALLY ORIENTED BUSINESSES
Chapter 479 SIDEWALK CAFES
Chapter 485 SIGNS
Chapter 496 SOLID WASTE
Chapter 502 STORAGE FACILITIES
Chapter 505 STORMWATER MANAGEMENT
Chapter 508 STREETS AND SIDEWALKS
Chapter 515 SUBDIVISION AND LAND DEVELOPMENT
Chapter 521 SUSTAINABILITY
Chapter 536 TAMPERING WITH PUBLIC PROPERTY
Chapter 540 TATTOO AND PIERCING ESTABLISHMENTS
Chapter 543 TAX ABATEMENTS
Chapter 546 TAX AMNESTY PROGRAM
Chapter 549 TAXATION
Chapter 555 TREES
Chapter 564 VEHICLE NUISANCES, STORAGE OF
Chapter 570 VEHICLE REPAIR SHOPS
Chapter 576 VEHICLES AND TRAFFIC
Chapter 583 VENDING MACHINES
Chapter 600 ZONING
Chapter A610 ANNEXATION OF TERRITORY
Chapter A611 BOND ISSUES AND LOANS
Chapter A612 FRANCHISE AND SERVICES
Chapter A613 GOVERNMENTAL AND INTERGOVERNMENTAL AFFAIRS
Chapter A614 PLAN APPROVAL
Chapter A615 PUBLIC PROPERTY
Chapter A616 SEWERS
Chapter A617 STREETS AND SIDEWALKS
Chapter A618 WATER
Chapter A619 ZONING; PRIOR ORDINANCES
Chapter DT DERIVATION TABLE
Chapter DL DISPOSITION LIST
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§ 23-606. Educational duties of Charter Board.
   A.   Overview. The educational duties of the Board are two-fold:
      (1)   It shall direct and administer, with professional assistance, the required orientation of all elected City officials at the commencement of their terms.
      (2)   It shall, proactively and on an ongoing basis, educate the public and members of City government as to their rights, duties and obligations under the City Charter and Administrative Code.
   B.   Orientation of elected City officials.
      (1)   A basic orientation course shall provide comprehensive information on Home Rule Law, the City Charter, the City Administrative Code, and the City Ethics Code. Other topics to be included in the course are: the impact of the Pennsylvania Constitution and other pertinent legal statutes on City government; a review of the City budget, including all City employees' labor agreements; and Roberts Rules of Order. This course shall be directed and administered by the Board, with assistance from the Pennsylvania Department of Community and Economic Development, the State and County Bar Associations, the Ethics Board, and any other resources the Board deems appropriate.
      (2)   Any elected official who, in the determination of the Board, completes this course within four months of their initial full term will receive a bonus of $250.
      (3)   City Council shall provide sufficient funds to ensure a thorough and professional orientation.
   C.   Educating the public and members of City government.
      (1)   Educating the public and members of City government about their rights, duties and obligations promotes involvement and participation for more effective and efficient government. The Board, with the assistance of resources deemed appropriate by the Board, shall conduct these educational programs in various formats. Educational information can be disseminated in a variety of formats: public meetings, printed materials such as inserts in tax and water bills; handbooks; web site; community newsletter; interactive local television programming.
      (2)   Funds shall be made available to the Board for the ongoing educational program of the public and members of City government.
Part 7
Equal Business Opportunity Advisory Board
[Adopted 9-12-2005 by Ord. No. 56-2005 (Ch. 1, Part 5M, of the 2001 Code of Ordinances); Repealed and replaced in its entirety 10-11-2021 by Ord. No. 76-2021]
§ 23-701. Policy.
It is the policy of the City, state and federal governments to foster an environment of inclusion in which all businesses are free to participate in business opportunities and to flourish without the impediments of discrimination. Businesses participating in these contracts shall do so on a fair and equitable basis. Vendors on these contracts shall not discriminate against any business because of race, color, religion, national origin, sex, sexual orientation or disability.
There is hereby established an Equal Business Opportunity Advisory Board to advise the City on policies, procedures and practices to enhances participation of MBEs, DBEs. WBEs, SBEs and the lower-to-moderate income residents in procurement of City contracts.
§ 23-702. Definitions.
For the purpose of this Part, the following terms shall have the following respective definitions:
   AGE — Includes any person 40 and above and shall also include any other person so protected by further amendment to the Federal Age Discrimination in Employment Act.
   AGENCY — Any City office, department, board or commission, including but not limited to the Council of the City of Reading. It shall also mean all legal entities which either:
   A.   Receive funds, directly or indirectly, from the City, state or federal governments.
   B.   Have entered into continuing contractual or cooperative relationships with the City, including quasi-public agencies, hospitals, schools, etc.
   C.   Operate under legal authority granted to them by City ordinance.
   CERTIFYING AGENCY - A private or public entity designated by the City procurement officers as an agency eligible to certify businesses as Certification Eligible Business.
   CERTIFICATION ELIGIBLE BUSINESS OR CEB - Any one or more businesses in the group consisting of DBEs, MBEs. SBEs. WBEs and such other categories of business enterprises established by the City procurement officers, or his/her designee, from time to time as eligible for participation in a certification program, when in his/her judgment the best available evidence supports such establishment.
   CITY CONTRACTS - Any City contract, purchase order or agreement, not including lease of real property or collective bargaining agreement, awarded by any officer or agency of the City whether competitively bid or negotiated, including but not limited to, any construction contract with a total value in excess of $10,000 which:
   A.   Is paid for in whole or in part with City, state or federal funds.
   B.   Is financed either wholly or partially by state or federal funds which are administered by the City.
   C.   Is funded in whole or in part by Financial Assistance (See § 23-706 below).
   CONTRACTOR - Any person or business entity that enters into a City contract, including all partners and all joint ventures of such person.
   DISABLED PERSON - A person who has a physical or mental impairment which substantially limits one or more of his or her major life activities or has a record of such impairment. “Major life activities” shall mean functions, such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
   DISADVANTAGED BUSINESS ENTERPRISE or DBE - When connected to a contract that is funded in whole or in part from state or federal governmental sources, means a business entity designated pursuant to the rules and regulations of such governmental source, and includes a City designated certifying agency.
   DISCRIMINATE and DISCRIMINATION - Conduct used to deny someone equal protection of the laws and which includes any difference in treatment based on race, color, religion, ancestry, national origin, age, sex, familial status, handicap or previous filing of a complaint of discrimination.
   FINANCIAL ASSISTANCE - Any grant, loan, incentive or abatement provided by, or with the authority or approval of, the City or a City-related agency, including but not limited to bond financing subsidies, tax increment financing aid, industrial development bonds, use of the power of eminent domain, land or property acquisition, Community Development Block Grant loans or grant, revenue bonds, Enterprise Zone designations, and aid from any federal, state or City or other similar agencies.
   INDIVIDUAL - A natural person.
   HANDICAP - With respect to a person, a physical or mental impairment which substantially limits one or more major life activities; a record of having such an impairment; or being regarded as having such an impairment.
   MCA - The Minority Contractors Association.
   MINORITY BUSINESS PROCUREMENT ADVISORY BOARD (MBPAB) - The entity within the Finance Department responsible for the development, implementation, monitoring and enforcing the procedures and goals set forth in this chapter.
   MINORITY-OWNED BUSINESS or MBE - Minority business enterprise including any local owned business which is at least 51 percent owned by one or more members of one or more minority groups, or. in the case of a publicly held corporation, at least 51 percent of the stock of which is owned by one or more members of one or more minority groups whose management and daily business operations are controlled by one or more members of one or more minority groups, and which is not an established business.
   MINORITY PERSON - A person who is a citizen or lawful permanent resident of the United States and who is:
   A.   African American (a person having origins in any of the black racial groups in Africa).
   B.   Hispanic American (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race).
   C.   Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands).
   D.   Native American (a person having origins in any of the original peoples of North America).
   E.   For purposes of contracts funded by state or federal governmental sources, groups found to be eligible for the purposes of DBEs by such governmental sources.
   NON-JOB-RELATED HANDICAP OR DISABILITY - Any handicap or disability which does not substantially interfere with the ability to perform the essential functions of the employment which a handicapped person applies for, is engaged in, or has been engaged in. Uninsurability or increased cost of insurance under a group or employee insurance plan does not render a handicap or disability job-related.
   PERSON - A corporation, partnership or association, or any combination thereof, as well as a natural person.
   PROCUREMENT - Includes buying, purchasing, renting, licensing, or acquisition of any supply, service, or product. Procurement also includes all functions that pertain to obtaining any supply, service, or product. including drafting the requirements, the selection and solicitation of sources, the preparation, review, and award of contract, and all phases of the contract administration.
   SMALL BUSINESS ENTERPRISE or SBE - A business which is independently owned and operated and which is not dominant in its field of operation as further defined in the Small Business Size Regulations, adopted by the U.S. Small Business Administration and published in the U.S. Code of Federal Regulations, including the industry size standards set forth in the table contained therein, which regulations are incorporated herein, and made a part hereof by reference.
   SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS - Those who have either been subjected to racial, sexual or ethnic prejudice because of their identity as a member of a group or to differential treatment because of their disability without regard to their individual qualities, and whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business who are not socially disadvantaged.
   A.   In determining who are socially and economically disadvantaged individuals, Equal Business Opportunity Advisory Board may make a reputable presumption that all minority persons, all women and all disabled persons shall be so classified.
   B.   The Minority Business Procurement Advisory Board, in determining whether an individual shall be classified as a socially and economically disadvantaged individual, shall also consider, among other things, the extent of the liquid assets and net worth of such socially disadvantaged individuals.
   WOMEN BUSINESS ENTERPRISE or WBE - Any Women Business Enterprise:
   A.   Which is at least 51% owned and controlled by one or more socially and economically disadvantaged women.
   B.   In the case of any publicly owned business, one in which at least 51% of the stock is owned by one or more socially and economically disadvantaged women, associations or groups; provided, however, that a reputable presumption shall exist that any person that has received more than $5,000,000 in three consecutive years of contract work from the City is not a WBE, and; provided further, that any previous certification of any such person as a WBE shall be reevaluated pursuant to regulations.
§ 23-703. Purpose.
The Board’s purpose is to advise administration on issues and policies concerning enhance participation, to the maximum extent feasible, of third-party contractors at all levels, included but not limited to apprenticeship programs, training programs, etc., for MBEs, DBEs, WBEs, and the lower-to-moderate income residents, etc. within the distressed areas as mandated by City, state and federal governments regulations.
§ 23-704. Membership and Officers.
A.   The Board will consist of five members, each to be appointed by the Mayor, with City Council approval. for a three year term. The terms shall be staggered so that no more than two member's terms expire in the same calendar year.
B.   Membership will include a member who is a minority business owner, a member of the Building/Trades Council, a member of the Chamber of Commerce, a procurement professional, and a resident at large.
C.   The members of the Board may be reappointed to successive terms of office. Each member of the Board shall continue to serve after their term until their successor has been qualified and appointed.
D.   The members of the Board shall serve without compensation, but upon resolution of Council, they may be reimbursed for all necessary expenses incurred in the performance of their duties in accordance with appropriations made by Council.
E.   The Board shall elect one of its members as Chairman and may elect such other officers as it may deem necessary. The Chairman may, with approval of the Board, appoint such committees as may be necessary to carry out the powers and duties of the Board.
F.   In the event that a member wishes to resign, they must do so in writing to the Chairman of the Board. A copy of this letter should be provided to all members for information purposes only.
G.   The Board shall adopt such rules and regulations for its own organization, operation and procedures as the Board shall deem necessary to administer and implement this Part 7.
H.   The Finance Director, or a designee, shall make reasonable effort to accommodate the monitoring of MBEs, DBEs, WBEs, SBEs, and lower-to-moderate income businesses and subcontractors participating in City contracts and its procurement process.
I.   Removal of members. Any member may be removed for misconduct or neglect of duty or for other just cause by a majority vote of Council taken after the member has received 15 days’ advance notice of the intent to take such vote. Failure of a member to attend three consecutive regular meetings of the Board will constitute grounds for immediate removal from the Board by City Council. Failure of a member to attend at least 50% of the regular meetings of the Board in a calendar year will constitute grounds for immediate removal from the Board by City Council. The Chairperson of the Board shall inform the City Clerk in writing when a member has failed to comply with this attendance policy. Following such notification, City Council may vote to remove the member and seek applicants to fill the vacant position. [Amended 9-13-2010 by Ord. No. 66-2010]
§ 23-705. Meetings.
The Board shall hold at least four quarterly public meetings during each calendar year. Three members of the Board shall constitute a quorum for the transaction of business, and a majority vote of those present at any meeting shall be sufficient for any official action taken by the Board.
§ 23-706. Powers and duties of Board.
The Equal Business Opportunity Advisory Board shall advise the City in accord with the policy set forth herein and in doing so may also:
A.   Develop a procedure to advise the City in outreaching and encouraging MBES, DBES, WBES, SBES and lower-to-moderate income businesses to participate in procurement.
B.   Develop a procedure to advise the City in outreaching and encouraging MBES, DBEs, WBEs, SBEs and lower-to-moderate income businesses to participate in City contracts as subcontractors.
C.   Advise the City on the total number of MBEs, DBEs, WBEs, SBEs and lower-to-moderate income businesses in the Berks County Standard Statistical Area.
D.   Maintain a listing of all eligible vendors and make it available to all agencies.
E.   Develop a process to ensure all majority contractors are aware of the existence and identity of MBES, DBES, WBES, SBES and lower-to-moderate income businesses in Reading and Berks County.
F.   Provide an annual written report to the City Administration and Council on the MBES, DBES, WBES, SBEs and lower to-moderate income businesses participating in City contracts, including subcontractors, and its procurement process.
G.   Develop appropriate policies and procedures for monitoring the Board's mission and policy.
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