PRINTER'S NO. 873
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
774
Session of
2023
INTRODUCED BY HUTCHINSON, DUSH, BROWN, KEARNEY AND COMITTA,
JUNE 14, 2023
REFERRED TO LOCAL GOVERNMENT, JUNE 14, 2023
AN ACT
Amending Title 11 (Cities) of the Pennsylvania Consolidated
Statutes, in city administrator, further providing for
appointment of city administrator, for employment agreement,
for residency and elective city office and for powers and
duties; and, in accounts and finances, further providing for
powers and duties of chief fiscal officer.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 112A02, 112A03, 112A04, 112A05(b)(4) and
11802(a) of Title 11 of the Pennsylvania Consolidated Statutes
are amended to read:
§ 112A02. Appointment of city administrator.
(a) Appointment.--In a city that has established an office
of city administrator, council shall appoint an individual,
partnership, limited partnership, an association or professional
corporation to be city administrator. The appointment of [an
individual to be] a city administrator shall be by a majority
vote of all the members of council.
(b) Selection.--Council shall select a city administrator on
the basis of executive and administrative qualifications,
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education and experience and may give special consideration to
applicants with training and experience in municipal government
operation. The city administrator shall serve at the pleasure of
council, subject to contractual rights that may arise under an
employment or professional services agreement that may be
entered in accordance with section 112A03 (relating to
employment or professional services agreement).
§ 112A03. Employment or professional services agreement.
(a) Agreement.--Council may enter into an employment or
professional services agreement with the city administrator. The
[employment] agreement may set forth the terms and conditions of
employment. The [employment] agreement shall remain in effect
for a specified period terminating not later than two years
after the effective date of the [employment] agreement or the
date of the organizational meeting of council after the next
municipal election, whichever is earlier.
(b) Conditions.--
(1) An [employment] agreement under subsection (a) may
specify conditions under which a city administrator may be
entitled to severance compensation[.] if the city
administrator is an individual, or payments for the
termination of appointment if the city administrator is a
partnership, limited partnership, an association or
professional corporation.
(2) An [employment] agreement under subsection (a) may
not guarantee retention or employment through the term of the
[employment] agreement or confer upon the city administrator
any legal remedy based on specific performance.
(3) An [employment] agreement under subsection (a),
executed on or after a municipal election but before the
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first meeting in January the year after the municipal
election, shall be void.
(c) Status as public official.--The city administrator, if
an individual, and, for a partnership, limited partnership,
association or professional corporation appointed as the city
administrator, each officer and employee directly providing
services as required or authorized by the agreement shall be
considered a public official for purposes of the provisions of
65 Pa.C.S. § 1103 (relating to restricted activities).
§ 112A04. Residency and elective city office.
(a) Residence of city administrator who is an individual.--
At the time an individual is appointed to fill the office of
city administrator, the appointee does not have to be a resident
of the city. After appointment, [the] a city administrator who
is an individual may reside outside the city only with the
approval of council.
(b) Incompatibility.--The city administrator may not hold
any elective city office. In the case of a partnership, limited
partnership, an association or professional corporation
appointed as city administrator, the restriction under this
subsection shall apply to all officers and employees who
directly provide services as required or authorized by the
agreement.
§ 112A05. Powers and duties.
* * *
(b) Specific powers.--The powers and duties conferred upon a
city administrator by council may include the following:
* * *
(4) [Designating] If the city administrator is an
individual, designating a qualified administrative officer of
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the city to perform the city administrator's duties during
the city administrator's temporary absence or disability. In
the event the city administrator fails or is unable to make
the designation or if the city administrator's absence or
disability continues more than 30 days, council may, by
resolution, appoint an officer of the city to perform the
duties of the city administrator during the city
administrator's absence or disability until the city
administrator is able to return to work.
* * *
§ 11802. Powers and duties of chief fiscal officer.
(a) Appointment.--Council shall appoint a chief fiscal
officer. In filling the position of chief fiscal officer,
council may appoint the director of the department of accounts
and finance or the city administrator if one is an individual
appointed under Chapter 111 (relating to the executive
department) or 112A (relating to city administrator).
* * *
Section 2. This act shall take effect in 60 days.
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