PRINTER'S NO. 1180
No. 1057 Session of 1979
INTRODUCED BY PRATT, APRIL 25, 1979
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 25, 1979
AN ACT 1 Amending the act of February 1, 1966 (1965 P.L.1656, No.581), 2 entitled "An act concerning boroughs, and revising, amending 3 and consolidating the law relating to boroughs," prohibiting 4 fee sharing among borough officers, employes and consultants 5 or persons contracting for personal services with the 6 borough. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Section 1402, act of February 1, 1966 (1965 10 P.L.1656, No.581), known as "The Borough Code," is amended by 11 adding a subsection to read: 12 Section 1402. Regulation of Contracts.--* * * 13 (f) Where personal or professional services are involved no 14 borough officer, employe, consultant or any other person 15 contracting with the borough for personal or professional 16 services shall share any portion of their compensation or fees 17 paid by the borough for their services with any other person, 18 firm or corporation except under the following terms and 19 conditions: 20 (1) The council of the borough shall be notified in writing
1 of the necessity to share any compensation or fee paid prior to 2 the performance of the personal or professional services. 3 (2) The notification to the council of the borough shall 4 include the justification of the need to share the fee or 5 compensation; a description of the actual work to be performed 6 and estimated time involved; the total amount of the fee or 7 compensation to be shared; and a breakdown of that total amount 8 on an hourly, per diem, per unit or other basis for all actual 9 work which is to be performed and compensated for by the sharing 10 of the fee or compensation. 11 (3) The council of the borough must approve the sharing of 12 any fee or compensation for personal or professional services 13 prior to the performance of said services. 14 (4) No fee or compensation for personal or professional 15 services may be paid except for work actually performed. 16 (5) No fee or compensation for personal or professional 17 services may be paid at a rate in excess of that commensurate 18 for similar personal or professional services. 19 (6) Where approved by the council of the borough, all 20 payments representing a fee or compensation which is to be 21 shared shall be made by the council from the borough funds by 22 proper borough orders, drawn upon the treasurer; and paid 23 directly to the individual, firm or corporation by the borough 24 for actual personal or professional services approved and 25 performed. 26 Section 2. This act shall take effect in 60 days. D5L8HVY/19790H1057B1180 - 2 -