THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DALLY, BRENNAN, CARROLL, D. COSTA, EVERETT, FLECK, FREEMAN, GINGRICH, GRUCELA, HENNESSEY, M. KELLER, MAJOR, MILLARD, MILLER, MURT, PICKETT, RAPP, SCAVELLO, SIPTROTH, SWANGER, YOUNGBLOOD AND SAMUELSON, APRIL 16, 2009

AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 28, 2009   

AN ACT

Amending Title 53 (Municipalities Generally) of the Pennsylvania

Consolidated Statutes, in employees, providing for basic

education and continuing education programs for municipal

secretaries.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Chapter 21 of Title 53 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter to read:

SUBCHAPTER F

BASIC AND CONTINUING EDUCATION PROGRAMS

FOR MUNICIPAL SECRETARIES

Sec.

2191.  Short title of subchapter.

2192.  Nonapplicability.

2193.  Definitions.

2194.  Basic and continuing education programs for municipal

secretaries.

2195.  Construction.

§ 2191.  Short title of subchapter.

This subchapter shall be known and may be cited as the

Municipal Secretary Education Act.

§ 2192.  Nonapplicability.

This subchapter does not apply to cities of the first class,

second class or second class A.

§ 2193.  Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Association."  The Pennsylvania Local Governmental

Secretaries Association.

"Department."  The Department of Community and Economic

Development of the Commonwealth.

"IIMC."  The International Institute of Municipal Clerks.

"Municipal secretary."  Any of the following:

(1)  The appointed municipal secretary of a borough,

incorporated town, township of the first class or township of

the second class, including any municipal corporation as

described in this paragraph which has adopted a home rule

charter or optional plan.

(2)  The appointed city clerk in a city of the third

class, including any city of the third class which has

adopted a home rule charter, optional plan or optional

charter.

§ 2194.  Basic and continuing education programs for municipal

secretaries.

(a)  Establishment and implementation.--The department, in

consultation with the association, shall establish and implement

programs of basic training, examination and qualification of

municipal secretaries and of continuing education to be met by

persons qualified as municipal secretaries as condition for

renewal. The department may contract with a third party to

provide the basic training, examination, qualification and

continuing education.

(b)  Contents of basic training program.--

(1)  The basic training program shall include, but not be

limited to, the following courses:

(i)  Structure and function of Pennsylvania local

government.

(ii)  Municipal administration/personnel management.

(iii)  Basic budgeting.

(iv)  Accounting and financial control.

(v)  Community development/municipal services.

(vi)  Meeting management.

(vii)  Bidding and contracting.

(viii)  Records management.

(ix)  Management theory and practice.

(x)  Intergovernmental cooperation.

(xi)  Public relations.

(xii)  Working with emergency service organizations.

(xiii)  Municipal minutes and records and the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-

Know Law.

(xiv)  Public notice and advertising requirements and

65 Pa.C.S. Ch. 7 (relating to open meetings).

(xv)  Other laws and recent court decisions affecting

the duties of municipal secretaries.

(xvi)  Ethics.

(xvii)  Computers and technology.

(2)  As a prerequisite to taking the qualification

examination, a person shall complete the basic training

program authorized by the department.

(3)  (i)  A person shall have the option to sit for the

qualification examination relating to the basic education

program.

(ii)  No person may obtain qualification unless that

person has passed the basic qualification examination.

(iii)  A person who passes the basic qualification

examination shall be known as a qualified municipal

secretary.

(c)  Duties of department.--The department shall:

(1)  Make certain a qualified municipal secretary

certificate is issued to a person who passes the basic

qualification examination. The certificate shall expire one

year from the date of issuance, but may be renewed.

(2)  Maintain a register that lists all qualified

municipal secretaries. The register shall be open to public

inspection and copying upon payment of a nominal fee.

(3)  Publish, once each year, a list of all qualified

municipal secretaries on the department's Internet website.

(4)  Determine and approve reasonable fees for the

training program and for testing and qualification. The

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municipal secretary shall be personally liable for the cost

of the program, testing and qualification unless the

governing body that appointed the municipal secretary agrees

to pay for the cost in whole or in part.

(d)  Prohibition.--It shall be unlawful on or after the

effective date of this subchapter for any individual to hold

himself out as being qualified in training under this section

unless the person holds a current, valid certificate.

(e)  Construction.--Nothing in this section shall be

construed to prevent a person from participating in the

department's basic training program and obtaining qualification.

(f)  Hours required.--Each qualified municipal secretary

shall be required to obtain eight hours of mandatory continuing

education during each year.

(g)  Updates.--The department, in consultation with the

association, shall devise the continuing education program to

include, but not be limited to, updates for basic training

course topics and other contemporary issues.

(h)  Notification of requirements.--The department shall

inform qualified municipal secretaries of the continuing

education requirement when it issues the certificates.

(i)  Renewals.--Renewal of qualification shall be on an

annual basis upon completion of continuing education

requirements as provided in this subchapter. The municipal

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secretary shall be personally liable for the cost of the program

and qualification unless the governing body that appointed the

municipal secretary agrees to pay for the cost in whole or in

part.

(j)  Responsibility for cost.--

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(1)  A governing body that requires a municipal secretary

to achieve or renew the designation of qualified municipal

secretary shall be liable for the cost of the program,

testing and qualification.

(2)  An individual currently employed as a municipal

secretary that is not required by the appointing municipality

to complete or renew the certification program shall be

personally liable for the cost of the program, testing and

qualification, unless the governing body that appointed the

municipal secretary agrees to pay for the cost in whole or in

part.

(3)  An individual not currently employed as a municipal

secretary who wishes to complete the certification program

shall be personally liable for the cost of the program,

testing and qualification.

(j) (k)  Criteria for existing education.--The department, in 

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consultation with the association, shall adopt criteria to

provide municipal secretaries with existing education the right

to receive credit toward the qualified municipal secretary

program, including, but not limited to:

(1)  Completion of the IIMC programs of Certified

Municipal Clerk designation or Advanced Academy for

Education.

(2)  A bachelor of science degree in public

administration or a bachelor of arts degree in political

science.

(3)  IIMC certification programs for municipal

secretaries not currently holding the Certified Municipal

Clerk or Advanced Academy for Education designation.

§ 2195.  Construction.

Nothing in this subchapter shall be construed to require a

municipal secretary to become a qualified municipal secretary or

maintain that qualification unless required by the municipal

governing body that appointed the secretary.

Section 2.  This act shall take effect in 60 days.