SENATE AMENDED
PRIOR PRINTER'S NO. 495 PRINTER'S NO. 2351
No. 457 Session of 1987
INTRODUCED BY SWEET, LIVENGOOD, MELIO, DISTLER, HALUSKA,
SCHEETZ, COY, STUBAN, BALDWIN, DeLUCA, GAMBLE, RAYMOND,
SHOWERS, MERRY AND WOZNIAK, FEBRUARY 24, 1987
SENATOR PECORA, LOCAL GOVERNMENT, IN SENATE, AS AMENDED,
OCTOBER 20, 1987
AN ACT
1 Amending the act of August 9, 1955 (P.L.323, No.130), entitled <--
2 "An act relating to counties of the third, fourth, fifth,
3 sixth, seventh and eighth classes; amending, revising,
4 consolidating and changing the laws relating thereto,"
5 further providing for contract bid procedures.
6 AMENDING THE ACT OF NOVEMBER 1, 1971 (P.L.495, NO.113), ENTITLED <--
7 "AN ACT PROVIDING FOR THE COMPENSATION OF COUNTY OFFICERS IN
8 COUNTIES OF THE SECOND THROUGH EIGHTH CLASSES, FOR THE
9 DISPOSITION OF FEES, FOR FILING OF BONDS IN CERTAIN CASES AND
10 FOR DUTIES OF CERTAIN OFFICERS," PROVIDING FOR THE OFFICE OF
11 DISTRICT ATTORNEY IN CITIES AND COUNTIES OF THE FIRST CLASS;
12 FURTHER PROVIDING FOR SALARIES OF COUNTY OFFICERS; AND MAKING
13 A REPEAL.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 1802(f) of the act of August 9, 1955 <--
17 (P.L.323, No.130), known as The County Code, is amended to read:
18 Section 1802. Contract Procedures; Terms and Bonds;
19 Advertising for Bids.--* * *
20 (f) All bids advertised for shall be accompanied by cash,
21 [or] by a certified good faith check or by a cashier's check
22 drawn upon a bank authorized to do business in this
1 Commonwealth, in an amount required by the commissioners but not
2 less than ten per centum of the bid, or by a bond with corporate
3 surety in such amount as the commissioners shall determine, but
4 not less than ten per centum of the amount bid. In the event any
5 bidder shall, upon award of the contract to him, fail to comply
6 with the requirements hereinafter stated as to a bond
7 guaranteeing the performance of the contract, the good faith
8 deposit by cash, certified check, cashier's check or bond shall
9 be forfeited to the county as liquidated damages.
10 * * *
11 Section 2. This act shall take effect in 60 days.
12 SECTION 1. THE TITLE OF THE ACT OF NOVEMBER 1, 1971 <--
13 (P.L.495, NO.113), ENTITLED "AN ACT PROVIDING FOR THE
14 COMPENSATION OF COUNTY OFFICERS IN COUNTIES OF THE SECOND
15 THROUGH EIGHTH CLASSES, FOR THE DISPOSITION OF FEES, FOR FILING
16 OF BONDS IN CERTAIN CASES AND FOR DUTIES OF CERTAIN OFFICERS,"
17 REENACTED AND AMENDED OCTOBER 7, 1976 (P.L.1101, NO.223), IS
18 AMENDED TO READ:
19 AN ACT
20 PROVIDING FOR THE COMPENSATION OF COUNTY OFFICERS IN COUNTIES OF
21 THE SECOND THROUGH EIGHTH CLASSES, FOR COMPENSATION OF
22 DISTRICT ATTORNEYS IN CITIES AND COUNTIES OF THE FIRST CLASS,
23 FOR THE DISPOSITION OF FEES, FOR FILING OF BONDS IN CERTAIN
24 CASES AND FOR DUTIES OF CERTAIN OFFICERS.
25 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
26 SECTION 5.1. (A) THE DISTRICT ATTORNEY OF A CITY AND COUNTY
27 OF THE FIRST CLASS SHALL BE COMPENSATED AT ONE THOUSAND DOLLARS
28 ($1,000) LOWER THAN THE COMPENSATION PAID TO A JUDGE OF A COURT
29 OF COMMON PLEAS.
30 (B) THE DISTRICT ATTORNEY SHALL DEVOTE FULL TIME TO THE
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1 OFFICE. THE DISTRICT ATTORNEY, WHILE IN OFFICE, SHALL NOT
2 DERIVE, AS A RESULT OF THE NECESSARY LEGAL EDUCATION AND
3 BACKGROUND, ANY OTHER INCOME FROM ANY SOURCE, INCLUDING, BUT NOT
4 LIMITED TO, INCOME DERIVED FROM LEGAL PUBLICATIONS OR OTHER
5 PUBLICATIONS DEALING WITH MATTERS RELATED TO THE OFFICE OF
6 DISTRICT ATTORNEY, LECTURES, HONORARIUMS AND PROFIT SHARES OR
7 DIVISIONS OF INCOME FROM ANY FIRM WITH WHICH THE DISTRICT
8 ATTORNEY WAS ASSOCIATED PRIOR TO ELECTION. THIS LIMITATION SHALL
9 NOT BE CONSTRUED, HOWEVER, TO PRECLUDE PAYMENT OF FEES EARNED
10 FOR LEGAL WORK DONE PRIOR TO, BUT NOT CONCLUDED UNTIL AFTER,
11 ELECTION AS DISTRICT ATTORNEY. IN ADDITION, THE DISTRICT
12 ATTORNEY SHALL NOT ENGAGE IN ANY PRIVATE PRACTICE AND MUST BE
13 COMPLETELY DISASSOCIATED FROM ANY FIRM WITH WHICH THE DISTRICT
14 ATTORNEY WAS AFFILIATED PRIOR TO ELECTION. THE DISTRICT
15 ATTORNEY-ELECT MAY NOT ACCEPT ANY CIVIL OR CRIMINAL CASES AFTER
16 BEING ELECTED TO THE OFFICE. FURTHERMORE, THE DISTRICT ATTORNEY
17 SHALL BE SUBJECT TO THE CANONS OF ETHICS AS APPLIED TO JUDGES IN
18 THE COURTS OF COMMON PLEAS OF THIS COMMONWEALTH INSOFAR AS THE
19 CANONS APPLY TO SALARIES, FULL-TIME DUTIES AND CONFLICTS OF
20 INTEREST.
21 (C) ANY COMPLAINT BY A CITIZEN OF THE COUNTY THAT A FULL-
22 TIME DISTRICT ATTORNEY MAY BE IN VIOLATION OF THIS SECTION SHALL
23 BE MADE TO THE DISCIPLINARY BOARD OF THE SUPREME COURT OF
24 PENNSYLVANIA, FOR DETERMINATION AS TO THE MERIT OF THE
25 COMPLAINT. IF ANY SUBSTANTIVE BASIS IS FOUND, THE BOARD SHALL
26 PROCEED IN THE MANNER PRESCRIBED BY THE RULES OF THE SUPREME
27 COURT AND MAKE SUCH RECOMMENDATION FOR DISCIPLINARY ACTION AS IT
28 DEEMS ADVISABLE. IF THE SUPREME COURT DEEMS THE VIOLATION SO
29 GRAVE AS TO WARRANT REMOVAL FROM OFFICE, THE PROTHONOTARY OF THE
30 SUPREME COURT SHALL TRANSMIT ITS FINDINGS TO THE SPEAKER OF THE
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1 HOUSE OF REPRESENTATIVES FOR SUCH ACTION AS THE HOUSE OF
2 REPRESENTATIVES DEEMS ADVISABLE UNDER ARTICLE VI OF THE
3 CONSTITUTION OF PENNSYLVANIA.
4 SECTION 3. SECTION 10.1 OF THE ACT, ADDED NOVEMBER 1, 1979
5 (P.L.246, NO.82), AND AMENDED DECEMBER 18, 1984 (P.L.1067,
6 NO.212), IS AMENDED TO READ:
7 SECTION 10.1. (A) FROM AND AFTER THE EFFECTIVE DATE OF THIS
8 SECTION, THE COUNTY COMMISSIONERS SHALL HAVE THE POWER TO FIX
9 THE SALARY OF ALL COUNTY OFFICERS, EXCEPT DISTRICT ATTORNEYS IN
10 CITIES AND COUNTIES OF THE FIRST CLASS, GOVERNED BY THE
11 PROVISIONS OF THIS ACT.
12 (B) SALARIES FOR ALL COUNTY OFFICERS GOVERNED BY THE
13 PROVISIONS OF THIS ACT SHALL BE FIXED BY THE COUNTY
14 COMMISSIONERS IN THE FOLLOWING MANNER:
15 (1) THE COUNTY COMMISSIONERS SHALL CAUSE NOTICE OF INTENTION
16 TO FIX SALARIES AT A SPECIAL PUBLIC MEETING ON A DATE CERTAIN TO
17 BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION AT LEAST TEN
18 DAYS IN ADVANCE OF SUCH SPECIAL PUBLIC MEETING.
19 (2) THE SPECIAL PUBLIC MEETING SHALL BE HELD DURING THE
20 HOURS OF 6:00 P.M. AND 9:00 P.M., PREVAILING TIME, SO AS TO
21 AFFORD THE PUBLIC THE GREATEST OPPORTUNITY TO ATTEND.
22 (3) THE SPECIAL PUBLIC MEETING SHALL BE HELD IN A CENTRALLY
23 LOCATED AREA OF THE COUNTY.
24 (C) THE COUNTY COMMISSIONERS SHALL NOT REDUCE THE SALARY OF
25 ANY COUNTY OFFICER BELOW THE AMOUNT SET FORTH IN THIS ACT.
26 (D) NO NEW SALARY SCHEDULE SHALL BE ADOPTED IN A CALENDAR
27 YEAR IN WHICH THE COUNTY COMMISSIONERS ARE TO BE ELECTED.
28 [(E) ANY SALARY INCREASE SHALL BE ON A PERCENTAGE BASIS AND
29 APPLIED EQUALLY TO ALL COUNTY OFFICIALS EXCEPT THAT THE COUNTY
30 COMMISSIONERS MAY PROVIDE A GREATER PERCENTAGE SALARY INCREASE
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1 TO THE LOWEST PAID COUNTY OFFICIAL, OTHER THAN THE JURY
2 COMMISSIONERS OR COUNTY AUDITOR, UNTIL HIS SALARY IS EQUAL TO
3 THE OTHER COUNTY OFFICIALS EXCEPT THE JURY COMMISSIONERS, COUNTY
4 AUDITORS, DISTRICT ATTORNEYS AND COUNTY COMMISSIONERS.]
5 SECTION 4. NOTWITHSTANDING THE PROVISIONS OF SECTION 10.1 OF
6 THE ACT, DURING THE PERIOD BEGINNING WITH THE EFFECTIVE DATE OF
7 THIS ACT AND ENDING ON NOVEMBER 2, 1987, COUNTY COMMISSIONERS
8 MAY FIX SALARIES FOR COUNTY OFFICERS ELECTED OR APPOINTED AFTER
9 NOVEMBER 2, 1987, IN THE FOLLOWING MANNER:
10 (1) THE COUNTY COMMISSIONERS SHALL CAUSE NOTICE OF
11 INTENTION TO FIX SALARIES AT A SPECIAL PUBLIC MEETING ON A
12 DATE CERTAIN TO BE PUBLISHED IN A NEWSPAPER OF GENERAL
13 CIRCULATION AT LEAST ONE DAY IN ADVANCE OF SUCH SPECIAL
14 PUBLIC MEETING.
15 (2) THE SPECIAL PUBLIC MEETING SHALL BE HELD BETWEEN THE
16 HOURS OF 6 P.M. AND 9 P.M., SO AS TO AFFORD THE PUBLIC THE
17 GREATEST OPPORTUNITY TO ATTEND.
18 (3) THE SPECIAL PUBLIC MEETING SHALL BE HELD IN A
19 CENTRALLY LOCATED AREA OF THE COUNTY.
20 (4) THE COUNTY COMMISSIONERS SHALL NOT REDUCE THE SALARY
21 OF ANY COUNTY OFFICER BELOW THE AMOUNT SET FORTH IN THE ACT.
22 SECTION 5. THE ACT OF AUGUST 9, 1955 (P.L.312, NO.123),
23 ENTITLED "AN ACT FIXING THE SALARY OF THE DISTRICT ATTORNEY OF
24 PHILADELPHIA," IS REPEALED.
25 SECTION 6. SECTION 2 (SECTION 5.1) SHALL APPLY WHEN
26 PERMITTED BY THE CONSTITUTION OF PENNSYLVANIA.
27 SECTION 7. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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