PRINTER'S NO.  51

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

66

Session of

2011

  

  

INTRODUCED BY ARGALL, JANUARY 12, 2011

  

  

REFERRED TO LOCAL GOVERNMENT, JANUARY 12, 2011  

  

  

  

AN ACT

  

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Amending the act of February 1, 1966 (1965 P.L.1656, No.581),

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entitled "An act concerning boroughs, and revising, amending

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and consolidating the law relating to boroughs," in powers

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and duties of elected borough officials, further providing

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for powers of council, for salary of mayor limited, for

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general powers of mayor and for duties of mayor; and, in

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powers, duties and rights of appointed officers and employes,

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further providing for appointment, suspension, reduction,

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discharge powers and mayor to have control and for suspension

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by mayor.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 1005 of the act of February 1, 1966 (1965

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P.L.1656, No.581), known as The Borough Code, is amended by

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adding paragraphs to read:

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Section 1005.  Powers of Council.--The council of the borough

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shall have power:

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* * *

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(10)  To consider, advise upon and consent by majority vote

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upon any litigation proposed to be filed, defended or

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participated in by the mayor in the mayor's official capacity or

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on behalf of the borough.

 


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(11)  To take additional action, by and through the

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solicitor, by way of mediation or through the filing or

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defending of litigation, to seek additional reimbursement from

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the mayor in the mayor's personal capacity for expenses of

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litigation which are initiated, defended or participated in by

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the mayor without the advice and consent of the council and

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which expenses exceed the amount withheld from the mayor's

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salary as provided in section 1025(b).

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Section 2.  Section 1025 of the act, amended March 22, 2002

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(P.L.207, No.17), is amended to read:

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Section 1025.  Salary of Mayor Limited.--(a)  The salary of

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the mayor shall be established by ordinance and shall not

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exceed, in boroughs with a population of less than five

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thousand, a maximum of two thousand five hundred dollars ($2500)

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a year; in boroughs with a population of five thousand or more

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but less than ten thousand, a maximum of five thousand dollars

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($5000) a year; in boroughs with a population of ten thousand or

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more but less than fifteen thousand, a maximum of seven thousand

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five hundred dollars ($7500) a year. In any borough with a

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population in excess of fifteen thousand, the salary of the

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mayor shall not exceed five hundred dollars ($500) per annum per

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thousand population or fraction thereof, the population to be

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determined by the latest official census figures. Such salaries

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shall be payable monthly or quarterly for the duties imposed by

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the provisions of this act. Benefits provided to the mayor under

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section 1202(37) shall not be considered pay, salary or

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compensation, but payment for all or a part of the premiums or

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charges for the benefits shall be in accordance with section

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1202(37).

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(b)  If the mayor initiates, defends or participates in 

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litigation in the mayor's official capacity without the formal

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advice and consent of the borough council, expenses incurred by

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the borough in the litigation may be withheld from the salary of

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the mayor up to the maximum provided in subsection (a).

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Section 3.  Section 1028(a) of the act, amended November 29,

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2004 (P.L.1337, No.170), is amended and the section is amended

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by adding a subsection to read:

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Section 1028.  General Powers of Mayor.--(a)  The mayor shall

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have power:

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(1)  To administer oaths and affirmations in matters

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pertaining to borough affairs.

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(2)  To initiate, defend and participate in litigation in the

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mayor's official capacity or on behalf of the borough, after

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receiving the advice and consent of the borough council.

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* * *

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(c)  The terms of a proclamation issued under subsection (b)

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and initiated in the form of litigation may only be enforced

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after the mayor receives the advice and consent of the borough

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council.

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Section 4.  Section 1029 of the act, amended May 9, 1980

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(P.L.120, No.47) and December 12, 1980 (P.L.1194, No.220), is

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amended to read:

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Section 1029.  Duties of Mayor.--[It] (a)  Subject to the

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provisions in subsection (b), it shall be the duty of the mayor:

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(1)  To preserve order in the borough, to enforce the

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ordinances and regulations, to remove nuisances, to exact a

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faithful performance of the duties of the officers appointed,

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and to perform such other duties as shall be vested in his

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office by law or ordinance.

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(2)  Except as provided in section 1006(3), to sign such

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papers, contracts, obligations and documents as may be required

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by law.

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(3)  To keep correct accounts of all moneys received by him,

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to render to the council at least once a month an itemized

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statement of all such moneys so received since the last such

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statement, with the date at which and the purpose for which and

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the names of the persons from whom the same was received, and to

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pay all such moneys into the borough treasury, to report to the

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council from time to time on the state of the borough and to

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make recommendations to the council on matters of borough

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concern. The borough shall furnish the mayor with such books and

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forms as are necessary for the conduct of his office. Such books

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and forms shall be and remain the property of the borough and

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shall be surrendered to his successor in office.

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(b)  In any case where, in the performance of the duties

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specified in subsection (a), the mayor determines to initiate,

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defend or participate in litigation, the mayor may do so only

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after receiving the advice and consent of the borough council.

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Section 5.  Section 1121 of the act is amended to read:

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Section 1121.  Appointment, Suspension, Reduction, Discharge,

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Powers; Mayor to Have Control.--(a)  Borough council may,

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subject to the civil service provisions of this act, if they be

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in effect at the time, appoint and remove, or suspend, or reduce

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in rank, one or more suitable persons, citizens of the United

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States of America, as borough policemen, who shall be ex officio

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constables of the borough, and shall and may, within the borough

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or upon property owned or controlled by the borough or by a

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municipal authority of the borough whether such property is

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within or outside the limits of the borough, without warrant and

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upon view, arrest, and commit for hearing any and all persons

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guilty of breach of the peace, vagrancy, riotous or disorderly

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conduct or drunkenness, or who may be engaged in the commission

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of any unlawful act tending to imperil the personal security or

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endanger the property of the citizens, or for violating any

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ordinance of the borough for the violation of which a fine or

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penalty is imposed, and notwithstanding any statute pertaining

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to the same or similar offenses. Any person so arrested shall be

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received for confinement by the keepers of the jails, lockups,

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or station houses within the county.

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(b)  The borough council may designate one of said policemen

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as chief of police. The mayor of the borough shall have full

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charge and control of the chief of police and the police force,

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and he shall direct the time during which, the place where and

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the manner in which, the chief of police and the police force

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shall perform their duties, except that council shall fix and

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determine the total weekly hours of employment that shall apply

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to the policemen.

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(c)  Policemen shall have authority to serve and execute all

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criminal process for the violation of borough ordinances which

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may be issued by the mayor, and shall charge the same fees and

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costs as constables of the borough, but such fees and costs

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shall be collected by the mayor and by him paid into the borough

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treasury.

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(d)  (1)  The borough may, by ordinance establish a police

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department consisting of chief, captain, lieutenant, sergeants,

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or any other classification desired by the council, and council

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may, subject to the civil service provisions of this act, if

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they be in effect at the time, designate the individuals

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assigned to each office[, but the].

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(2)  Subject to the provisions of paragraph (1) and section

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1124(c), the mayor shall continue to direct the manner in which

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the persons assigned to the office shall perform their duties.

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The mayor may, however, delegate to the chief of police or other

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officers supervision over and instruction to subordinate

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officers in the manner of performing their duties. The mayor may

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appoint special policemen during an emergency in which the

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safety and welfare of the borough and the public is endangered

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and auxiliary policemen may be appointed as provided by general

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law.

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(e)  The borough council may assign the chief of police or

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any member of the police force to undergo a course of training

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at any training school for policemen established and made

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available by the State or Federal government, and may provide

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for the payment by the borough of his expenses while in

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attendance in such school.

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(f)  In any case in which a borough has heretofore appointed

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policemen or established a police department by action of

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council but not by or pursuant to an ordinance regularly

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enacted, such action shall be deemed to have been a valid

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exercise of the legislative power of the borough for all

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purposes the same as though an ordinance had been enacted, and

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all policemen appointed thereunder shall occupy the same status

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and shall have the same rights and privileges as in the case of

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policemen appointed under authority of an ordinance.

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Section 6.  Section 1124 of the act, amended June 15, 1977

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(P.L.9, No.7), is amended to read:

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Section 1124.  Suspension by Mayor.--[In] (a)  Subject to the

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provisions of subsection (c) and in addition to the powers of

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council to suspend policemen, the mayor may, for cause and

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without pay, suspend any policemen until the succeeding regular

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meeting of the council, at which time or thereafter the council

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may, subject to the civil service provisions of this act, if

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they be in effect at the time, suspend, discharge, reduce in

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rank or reinstate with pay, such policemen[: Provided, however,

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That a]

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(b)  (1)  A policeman suspended by the mayor may not be

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reinstated by council at a date earlier than ten working days

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from the date fixed by the mayor for the suspension to commence.

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(2)  In any case where the council has reinstated a

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policeman, after having been suspended by the mayor, the mayor

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shall not thereafter suspend such policeman for reasons arising

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from the same act for which the first suspension was made, or

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for reasons that the council, in reinstating such policeman,

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shall have determined not to be grounds for suspension.

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(c)  In any case where the mayor violates the provisions of

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subsection (b)(2), the council shall direct the manner in which

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such policeman or, by resolution of the council, all policemen

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shall perform their duties until such time as another person

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serves as mayor.

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Section 7.  This act shall take effect in 60 days.

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