§ 32.41 POWERS AND DUTIES.
   The Culture and Heritage Commission shall have the following powers and duties:
   (A)   Recommend by-laws for the management and regulation of its business and affairs, which must be approved by the County Council before becoming effective;
   (B)   Elect officers and prescribe the duties and responsibilities of the officers; provided, however, that the first chairperson of the commission shall be appointed by the County Council;
   (C)   Establish and appoint committees and subcommittees. The commission shall not delegate or devolve any power, duty or responsibility conferred upon the commission under the general law or the provisions of this subchapter to any committee or subcommittee of the commission;
   (D)   Establish and implement polices and carry out programs and projects as may be advisable in order to effectuate and implement the objectives of this subchapter in accordance with the general law, the provisions of this subchapter and the ordinances and policies of the county; subject, however, to the availability of funds. The commission shall not make or enter into any contract or agreement involving or requiring an expenditure of funds in excess of funds appropriated by the County Council or made available to the commission from other sources;
   (E)   Accept donations of or purchase art, artifacts, services, manuscripts, photographs, memorabilia, government records, books, buildings and grounds and other items suitable for use by the commission, in order to preserve the cultural, historical and natural heritage of all of the county’s citizens, as well as other materials collected by donation or purchase suitable for educating the citizens of the county about the matters of cultural, historical and natural heritage issues in general. All real property owned or used by the commission or any related entity for commission purposes shall be transferred to the county by the persons or entities owning title thereto, and all real property used or acquired for commission purposes shall be owned, purchased, leased, held, conveyed or disposed of in the name of the county by the County Council. All personal property, collections, artifacts, exhibits and items suitable for use in the programs and projects of the commission shall be held by the commission in trust for the benefit of York County;
   (F)   To serve as an official repository of the county government records on loan to or entrusted to the care of the commission by the governing body of the county. The records will be maintained by the commission at the historical center of the county, currently located in the McCelvey Center, and shall not be relocated by the commission to any other locations without the prior written approval of the County Council;
   (G)   Submit an annual budget and plan of operation to the County Council before April 1 of each year for the next ensuing fiscal year, which shall include an organizational chart listing the recommended number of positions, the job title for each description, the proposed salary range for each position, an explanation of the proposed functions, duties and responsibilities of each staff member and employee of the commission, a list of proposed projects, programs, functions and capital administrative costs, expenditures, revenues and programs that the Council may approve, modify or reject;
   (H)   Receive and expend grants, gifts, donations, appropriations, admission fees and user fees from any public or private source for the operation, maintenance, expansion or improvement of property, sites, collections, programs or educational or other activities of the commission;
   (I)   Apply for and seek the approval of the County Council for the purchase, sale, lease, use or exchange of real property for the use of the commission or any related entity. All real property used by the commission or any related entity for commission purposes shall be owned, purchased, leased, exchanged, acquired, sold, conveyed, transferred or disposed of by the County Council in the name of the county;
   (J)   Purchase, lease, acquire, receive, hold, own or use personal property, artifacts, collections, displays, exhibits, manuscripts, photographs, memorabilia, government records, books and other items suitable for use by the commission in trust in the name of the commission. The commission shall be operated in all respects as a tax-exempt commission under provisions of the Internal Revenue Code;
   (K)   Operate, maintain and make available to residents of the county one or more museums, historical sites, planetariums, collections, repositories or other projects, with the programs as may be suitable for use by the commission in order to preserve the cultural, historical and natural heritage of the county and its citizens as may be deemed appropriate or advisable for those purposes;
   (L)   File annually a detailed report of its operations and expenditures for the previous fiscal year with the County Council;
   (M)   Locate, select, conserve, restore, develop, appropriately mark and preserve sites, buildings, rooms, facilities, equipment, exhibits, displays, collections, artifacts, manuscripts, services, photographs, memorabilia, government records, books, buildings, grounds or other sites or items suitable for use by the commission, in order to preserve the cultural, historical and natural heritage of the county and its citizens;
   (N)   Perform all duties and responsibilities and exercise all powers devolved upon or granted to the county’s Historical Commission with respect to abandoned cemeteries;
   (O)   Develop, revise, amend and implement mission statements for the Culture and Heritage Commission not inconsistent with the provisions of this subchapter; and
   (P)   Cause an annual audit of all books, financial records and transactions of the commission by auditors approved by the County Council, and provide a copy of such audit to the County Council.
(‘77 Code, § 11-40.7) (Ord. 6797, passed 10-20-97; Am. Ord. 3403, passed 11-3-03; Am. Ord. 611, passed 5-2-11)