| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY ARGALL, JANUARY 12, 2011 |
| |
| |
| REFERRED TO LOCAL GOVERNMENT, JANUARY 12, 2011 |
| |
| |
| |
| 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," in powers |
4 | and duties of elected borough officials, further providing |
5 | for powers of council, for salary of mayor limited, for |
6 | general powers of mayor and for duties of mayor; and, in |
7 | powers, duties and rights of appointed officers and employes, |
8 | further providing for appointment, suspension, reduction, |
9 | discharge powers and mayor to have control and for suspension |
10 | by mayor. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 1. Section 1005 of the act of February 1, 1966 (1965 |
14 | P.L.1656, No.581), known as The Borough Code, is amended by |
15 | adding paragraphs to read: |
16 | Section 1005. Powers of Council.--The council of the borough |
17 | shall have power: |
18 | * * * |
19 | (10) To consider, advise upon and consent by majority vote |
20 | upon any litigation proposed to be filed, defended or |
21 | participated in by the mayor in the mayor's official capacity or |
22 | on behalf of the borough. |
|
1 | (11) To take additional action, by and through the |
2 | solicitor, by way of mediation or through the filing or |
3 | defending of litigation, to seek additional reimbursement from |
4 | the mayor in the mayor's personal capacity for expenses of |
5 | litigation which are initiated, defended or participated in by |
6 | the mayor without the advice and consent of the council and |
7 | which expenses exceed the amount withheld from the mayor's |
8 | salary as provided in section 1025(b). |
9 | Section 2. Section 1025 of the act, amended March 22, 2002 |
10 | (P.L.207, No.17), is amended to read: |
11 | Section 1025. Salary of Mayor Limited.--(a) The salary of |
12 | the mayor shall be established by ordinance and shall not |
13 | exceed, in boroughs with a population of less than five |
14 | thousand, a maximum of two thousand five hundred dollars ($2500) |
15 | a year; in boroughs with a population of five thousand or more |
16 | but less than ten thousand, a maximum of five thousand dollars |
17 | ($5000) a year; in boroughs with a population of ten thousand or |
18 | more but less than fifteen thousand, a maximum of seven thousand |
19 | five hundred dollars ($7500) a year. In any borough with a |
20 | population in excess of fifteen thousand, the salary of the |
21 | mayor shall not exceed five hundred dollars ($500) per annum per |
22 | thousand population or fraction thereof, the population to be |
23 | determined by the latest official census figures. Such salaries |
24 | shall be payable monthly or quarterly for the duties imposed by |
25 | the provisions of this act. Benefits provided to the mayor under |
26 | section 1202(37) shall not be considered pay, salary or |
27 | compensation, but payment for all or a part of the premiums or |
28 | charges for the benefits shall be in accordance with section |
29 | 1202(37). |
30 | (b) If the mayor initiates, defends or participates in |
|
1 | litigation in the mayor's official capacity without the formal |
2 | advice and consent of the borough council, expenses incurred by |
3 | the borough in the litigation may be withheld from the salary of |
4 | the mayor up to the maximum provided in subsection (a). |
5 | Section 3. Section 1028(a) of the act, amended November 29, |
6 | 2004 (P.L.1337, No.170), is amended and the section is amended |
7 | by adding a subsection to read: |
8 | Section 1028. General Powers of Mayor.--(a) The mayor shall |
9 | have power: |
10 | (1) To administer oaths and affirmations in matters |
11 | pertaining to borough affairs. |
12 | (2) To initiate, defend and participate in litigation in the |
13 | mayor's official capacity or on behalf of the borough, after |
14 | receiving the advice and consent of the borough council. |
15 | * * * |
16 | (c) The terms of a proclamation issued under subsection (b) |
17 | and initiated in the form of litigation may only be enforced |
18 | after the mayor receives the advice and consent of the borough |
19 | council. |
20 | Section 4. Section 1029 of the act, amended May 9, 1980 |
21 | (P.L.120, No.47) and December 12, 1980 (P.L.1194, No.220), is |
22 | amended to read: |
23 | Section 1029. Duties of Mayor.--[It] (a) Subject to the |
24 | provisions in subsection (b), it shall be the duty of the mayor: |
25 | (1) To preserve order in the borough, to enforce the |
26 | ordinances and regulations, to remove nuisances, to exact a |
27 | faithful performance of the duties of the officers appointed, |
28 | and to perform such other duties as shall be vested in his |
29 | office by law or ordinance. |
30 | (2) Except as provided in section 1006(3), to sign such |
|
1 | papers, contracts, obligations and documents as may be required |
2 | by law. |
3 | (3) To keep correct accounts of all moneys received by him, |
4 | to render to the council at least once a month an itemized |
5 | statement of all such moneys so received since the last such |
6 | statement, with the date at which and the purpose for which and |
7 | the names of the persons from whom the same was received, and to |
8 | pay all such moneys into the borough treasury, to report to the |
9 | council from time to time on the state of the borough and to |
10 | make recommendations to the council on matters of borough |
11 | concern. The borough shall furnish the mayor with such books and |
12 | forms as are necessary for the conduct of his office. Such books |
13 | and forms shall be and remain the property of the borough and |
14 | shall be surrendered to his successor in office. |
15 | (b) In any case where, in the performance of the duties |
16 | specified in subsection (a), the mayor determines to initiate, |
17 | defend or participate in litigation, the mayor may do so only |
18 | after receiving the advice and consent of the borough council. |
19 | Section 5. Section 1121 of the act is amended to read: |
20 | Section 1121. Appointment, Suspension, Reduction, Discharge, |
21 | Powers; Mayor to Have Control.--(a) Borough council may, |
22 | subject to the civil service provisions of this act, if they be |
23 | in effect at the time, appoint and remove, or suspend, or reduce |
24 | in rank, one or more suitable persons, citizens of the United |
25 | States of America, as borough policemen, who shall be ex officio |
26 | constables of the borough, and shall and may, within the borough |
27 | or upon property owned or controlled by the borough or by a |
28 | municipal authority of the borough whether such property is |
29 | within or outside the limits of the borough, without warrant and |
30 | upon view, arrest, and commit for hearing any and all persons |
|
1 | guilty of breach of the peace, vagrancy, riotous or disorderly |
2 | conduct or drunkenness, or who may be engaged in the commission |
3 | of any unlawful act tending to imperil the personal security or |
4 | endanger the property of the citizens, or for violating any |
5 | ordinance of the borough for the violation of which a fine or |
6 | penalty is imposed, and notwithstanding any statute pertaining |
7 | to the same or similar offenses. Any person so arrested shall be |
8 | received for confinement by the keepers of the jails, lockups, |
9 | or station houses within the county. |
10 | (b) The borough council may designate one of said policemen |
11 | as chief of police. The mayor of the borough shall have full |
12 | charge and control of the chief of police and the police force, |
13 | and he shall direct the time during which, the place where and |
14 | the manner in which, the chief of police and the police force |
15 | shall perform their duties, except that council shall fix and |
16 | determine the total weekly hours of employment that shall apply |
17 | to the policemen. |
18 | (c) Policemen shall have authority to serve and execute all |
19 | criminal process for the violation of borough ordinances which |
20 | may be issued by the mayor, and shall charge the same fees and |
21 | costs as constables of the borough, but such fees and costs |
22 | shall be collected by the mayor and by him paid into the borough |
23 | treasury. |
24 | (d) (1) The borough may, by ordinance establish a police |
25 | department consisting of chief, captain, lieutenant, sergeants, |
26 | or any other classification desired by the council, and council |
27 | may, subject to the civil service provisions of this act, if |
28 | they be in effect at the time, designate the individuals |
29 | assigned to each office[, but the]. |
30 | (2) Subject to the provisions of paragraph (1) and section |
|
1 | 1124(c), the mayor shall continue to direct the manner in which |
2 | the persons assigned to the office shall perform their duties. |
3 | The mayor may, however, delegate to the chief of police or other |
4 | officers supervision over and instruction to subordinate |
5 | officers in the manner of performing their duties. The mayor may |
6 | appoint special policemen during an emergency in which the |
7 | safety and welfare of the borough and the public is endangered |
8 | and auxiliary policemen may be appointed as provided by general |
9 | law. |
10 | (e) The borough council may assign the chief of police or |
11 | any member of the police force to undergo a course of training |
12 | at any training school for policemen established and made |
13 | available by the State or Federal government, and may provide |
14 | for the payment by the borough of his expenses while in |
15 | attendance in such school. |
16 | (f) In any case in which a borough has heretofore appointed |
17 | policemen or established a police department by action of |
18 | council but not by or pursuant to an ordinance regularly |
19 | enacted, such action shall be deemed to have been a valid |
20 | exercise of the legislative power of the borough for all |
21 | purposes the same as though an ordinance had been enacted, and |
22 | all policemen appointed thereunder shall occupy the same status |
23 | and shall have the same rights and privileges as in the case of |
24 | policemen appointed under authority of an ordinance. |
25 | Section 6. Section 1124 of the act, amended June 15, 1977 |
26 | (P.L.9, No.7), is amended to read: |
27 | Section 1124. Suspension by Mayor.--[In] (a) Subject to the |
28 | provisions of subsection (c) and in addition to the powers of |
29 | council to suspend policemen, the mayor may, for cause and |
30 | without pay, suspend any policemen until the succeeding regular |
|
1 | meeting of the council, at which time or thereafter the council |
2 | may, subject to the civil service provisions of this act, if |
3 | they be in effect at the time, suspend, discharge, reduce in |
4 | rank or reinstate with pay, such policemen[: Provided, however, |
5 | That a] |
6 | (b) (1) A policeman suspended by the mayor may not be |
7 | reinstated by council at a date earlier than ten working days |
8 | from the date fixed by the mayor for the suspension to commence. |
9 | (2) In any case where the council has reinstated a |
10 | policeman, after having been suspended by the mayor, the mayor |
11 | shall not thereafter suspend such policeman for reasons arising |
12 | from the same act for which the first suspension was made, or |
13 | for reasons that the council, in reinstating such policeman, |
14 | shall have determined not to be grounds for suspension. |
15 | (c) In any case where the mayor violates the provisions of |
16 | subsection (b)(2), the council shall direct the manner in which |
17 | such policeman or, by resolution of the council, all policemen |
18 | shall perform their duties until such time as another person |
19 | serves as mayor. |
20 | Section 7. This act shall take effect in 60 days. |
|