Title 8 - BOROUGHS AND INCORPORATED TOWNS

Special Provisions in Appendix. See section 4 of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.

CHAPTER 1

PRELIMINARY PROVISIONS

Sec.

101. Short title of part.

101.1. Definitions.

102. Excluded provisions.

103. Construction of part.

104. Constitutional construction.

105. Construction of references.

106. Application.

107. Acceptance.

107.1. Acceptance by incorporated towns.

108. (Reserved).

109. Publication of notices.

110. Terms of existing officers.

Enactment. Chapter 1 was added April 18, 2014, P.L.432, No.37, effective in 60 days.

08c101s

§ 101. Short title of part.

This part shall be known and may be cited as the Borough Code.

08c101.1s

§ 101.1. Definitions.

The following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Abutting property" or "abutting real estate." In reference to any street, the term shall mean any property physically adjoining the street, regardless of what the reversion rights in the street may be and regardless of where the lot lines may be in relation to the street.

"Council." A borough council.

"Highway." A State highway of this Commonwealth.

"Latest official census." The later of any of the following:

(1) The most recent Federal decennial census.

(2) A census conducted later in time than the census under paragraph (1) by the United States Census Bureau.

"Municipal corporation." A city, borough, incorporated town, township of the first or second class or any home rule municipality other than a county.

"Municipality." A municipal corporation or a county.

"Pennsylvania Construction Code." The act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act.

"Pennsylvania Municipalities Planning Code." The act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code.

"Street." Any street, road, lane, court, cul-de-sac, alley, public way and public square.

08c102s

§ 102. Excluded provisions.

This part shall not include any provisions and shall not be construed to repeal any acts relating to:

(1) The assessment and valuation of property and persons for the purpose of taxation and the collection of taxes, except as provided in this part.

(2) The collection of municipal claims by liens.

(3) The method of incurring or increasing indebtedness.

(4) Conduct of elections.

(5) Public schools.

(6) The powers and duties of borough and ward constables.

(7) Magisterial district judges.

(8) The giving of municipal consent to public utilities.

(9) State highways.

(10) Validations of elections, bonds, ordinances and acts of corporate officers.

(11) 18 Pa.C.S. (relating to crimes and offenses).

(12) 75 Pa.C.S. (relating to vehicles).

08c102v

Cross References. Section 102 is referred to in section 3501 of this title.

08c103s

§ 103. Construction of part.

(a) Continuation.--The following shall apply:

(1) The provisions of this part that are the same as those of laws existing on January 1, 1966, are intended as a continuation of laws existing on January 1, 1966, and not as new enactments.

(2) The repeal by this part of any act or part of an act shall not revive any act or part repealed or superseded nor affect the corporate existence of any incorporated borough.

(3) The provisions of this part shall not affect any of the following:

(i) Any act done, liability incurred or right accrued or vested.

(ii) Any suit or prosecution pending or to be instituted to enforce any right or penalty or punish any offense under the authority of the repealed laws.

(4) All ordinances, resolutions, regulations and rules made under any act repealed under this part shall continue with the same force and effect as if the act had not been repealed to the extent that the ordinances, resolutions, regulations and rules could have been made under this part.

(5) Any individual holding office under any act repealed by this part shall continue to hold office until the expiration of the term, subject to the conditions attached to the office prior to January 1, 1966.

(b) Powers and duties.--Borough council shall have the corporate powers and duties and borough officials shall have the powers and duties under this part and as provided in other laws to the extent that the powers and duties are not repealed under this part.

08c104s

§ 104. Constitutional construction.

The provisions of this part are severable. If any provision of this part or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this part which can be given effect without the invalid provision or application.

08c104v

Cross References. Section 104 is referred to in section 1302.1 of this title.

08c105s

§ 105. Construction of references.

If reference is made in this part to any act, the reference shall apply to and include any codification in which the provisions of the act referred to are substantially reenacted.

08c106s

§ 106. Application.

(a) General.--This part shall apply to all boroughs.

(b) Prior acts.--This part shall not annul or repeal any local or special act or part of a local or special act in force on January 1, 1966.

(c) Local law.--The following shall apply:

(1) The provisions of this part similar to the provisions of the former act of May 14, 1915 (P.L.312, No.192), entitled "An act providing a system of government for boroughs, and revising, amending, and consolidating the law relating to boroughs," shall apply to boroughs incorporated under local laws in the same manner as similar provisions of the former act of May 4, 1927 (P.L.519, No.336), entitled "An act concerning boroughs, and revising, amending and consolidating the law relating to boroughs," were extended to boroughs acting under local laws.

(2) If a provision of this part conflicts with a special or local law applicable to a borough that has not been surrendered, the provisions shall be construed so that effect may be given to both. If the conflict between the provisions is irreconcilable, the provision in the local or special law shall prevail.

08c107s

§ 107. Acceptance.

(a) Petition.--The following shall apply:

(1) A borough incorporated or acting under any local or special act may surrender the provisions of its special and local acts in their entirety or as they are inconsistent with this part and be governed by this part by presenting a petition to the court of common pleas of the county setting forth the desire of the borough to accept the provisions of this part.

(2) The petition under paragraph (1) shall indicate whether it is the desire of the borough to surrender all of its special and local acts or to retain its special and local acts that are not inconsistent with this part.

(3) If the petition indicates a desire to retain local or special acts, it shall indicate the local or special acts to be retained. The petition shall be made by the council or by at least 10% of the registered electors of the borough as of the date the petition is filed.

(b) Hearing.--The following shall apply:

(1) Upon the presentation of a petition under subsection (a), the court shall set and provide notice of a hearing date. An inhabitant of the borough may remonstrate against the granting of the petition at the hearing.

(2) If the court grants the petition, the decree of the court shall be recorded in the office for the recording of deeds, and the borough shall be subject to this part and any local or special acts retained as set forth in the petition. On and after the date of the decree, any local or special act applicable to the borough shall no longer apply to the borough if it is inconsistent with this part or has been surrendered.

(c) Force and effect.--If a borough accepts this part under this section, all of the following shall continue with the same force and effect as if no acceptance had been made:

(1) Liabilities incurred.

(2) Rights accrued or vested.

(3) Obligations issued or contracted.

(4) Suits and prosecutions pending or to be instituted to enforce any right or penalty accrued or to punish any offense committed prior to the acceptance.

(5) Ordinances.

08c107v

Cross References. Section 107 is referred to in section 107.1 of this title.

08c107.1s

§ 107.1. Acceptance by incorporated towns.

(a) Partial acceptance.--The following shall apply:

(1) An incorporated town incorporated or acting under a local or special act may, by ordinance, elect to be governed by the provisions of this part and shall surrender any provisions of its special and local acts that are inconsistent with this part adopted by the incorporated town.

(2) An ordinance under paragraph (1) shall indicate the provisions of this part to be adopted and, if applicable, the provisions of the incorporated town's special and local acts to be surrendered.

(3) On and after the effective date of the ordinance and until the ordinance may be repealed or amended, the provisions of this part indicated in the ordinance shall be the law applicable to the incorporated town, and the provisions of any local or special acts, to the extent surrendered as indicated in the ordinance, shall not apply to the incorporated town.

(b) Full acceptance.--An incorporated town incorporated or acting under any local or special act may elect to accept this part in its entirety and surrender all local and special acts by petition as set forth in section 107 (relating to acceptance). If an incorporated town accepts this part in its entirety and surrenders all local and special acts, the incorporated town shall become a borough, and the decree of the court permitting the acceptance shall indicate the name of the new borough.

(c) Force and effect.--The following shall apply:

(1) If an incorporated town accepts this part under this section, all of the following shall continue with the same force and effect as if no acceptance had been made:

(i) Liabilities incurred.

(ii) Rights accrued or vested.

(iii) Obligations issued or contracted.

(iv) Suits and prosecutions pending or to be instituted to enforce any right or penalty accrued or punish any offense committed prior to acceptance.

(v) Ordinances.

(2) An incorporated town shall not have the power to alter or amend any provision of this part that has been adopted in accordance with this section or section 107.

08c108s

§ 108. (Reserved).

08c109s

§ 109. Publication of notices.

(a) Newspaper of general circulation.--If, in this part, notice is required to be given in one newspaper of general circulation, the notice shall be published in one of the following:

(1) A newspaper of general circulation as defined in 45 Pa.C.S. § 101 (relating to definitions) which is published and circulated in each borough affected.

(2) A newspaper of general circulation, circulated in each borough affected, which has a bona fide paid circulation equal to or greater than any newspaper published in each borough affected by the notice.

(b) Legal newspaper.--Unless dispensed with by special order of court, the notice required to be published in a newspaper of general circulation shall also be published in the legal newspaper for the county of the borough affected, if the notice refers to any of the following:

(1) Any proceeding in any court.

(2) The holding of elections for the increase of indebtedness or the sale of bonds.

08c109v

Cross References. Section 109 is referred to in section 202 of this title.

08c110s

§ 110. Terms of existing officers.

This part shall not be construed as affecting or terminating the term of any officer of a borough holding office on January 1, 1966.

08c200h

CHAPTER 2

CREATION AND ALTERATION

Subchapter

A. Incorporation

B. Consolidation (Reserved)

C. Creation from Cities of the Third Class

D. Consolidation or Merger and Change of Corporate Name

Enactment. Chapter 2 was added April 18, 2014, P.L.432, No.37, effective in 60 days.

SUBCHAPTER A

INCORPORATION

Sec.

200. Definitions.

201. Contiguous areas.

202. Applications.

202.1. Borough advisory committee.

202.2. Advisability of incorporation, certification of question for referendum and decree.

203. (Reserved).

204. (Reserved).

205. Borough government and requisites of charter.

206. Farmlands.

207. Corporate name.

208. (Reserved).

209. (Reserved).

210. Certificates.

211. Temporary preservation, organization and election of officers.

212. Boundaries.

213. Adjustment of indebtedness.

214. Judicial adjustment.

215. Judicial adjustment award proceedings.

216. Exceptions.

217. Compensation, expenses and costs.

218. Territory located in multiple counties.

219. Bond issues and taxation.

Cross References. Subchapter A is referred to in section 805 of this title.

08c200s

§ 200. 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:

"Committee." A borough advisory committee.

"Freeholder." A person enjoying a continuous right of ownership and possession of real property for an indeterminate period by fee simple or life estate.

"Township." A township of the first or second class or any home rule township.

08c200v

(June 5, 2020, P.L.211, No.28, eff. 60 days)

2020 Amendment. Act 28 amended the def. of "township."

Special Provisions in Appendix. See section 4(3)(i) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.

08c201s

§ 201. Contiguous areas.

A court of common pleas may incorporate as a borough any contiguous area from one or more townships within the court's jurisdiction having a population of at least 500 residents. After having been incorporated as a borough, the area shall be a body corporate and politic and shall have the name decreed by the court.

08c201v

Cross References. Section 201 is referred to in section 211 of this title.

08c202s

§ 202. Applications.

(a) Petition.--The following shall apply:

(1) The application for incorporation shall be by a petition signed by a majority of the freeholders residing within the limits of the proposed borough and by the freeholders of a majority of the territory within the limits of the proposed borough, if all parts of the proposed borough are in the same township.

(2) If portions of the proposed borough are in different townships, the petition shall be signed by a majority of the freeholders residing in each of the separate portions and by the freeholders of a majority of the territory in each of the separate portions. The following shall apply:

(i) The signatures must be secured within three months immediately preceding the presentation of the signatures to the court.

(ii) The petition shall be subscribed by and sworn to by at least one of the signers.

(iii) The number of signers required to sign the petition shall be ascertained as of the date the petition was presented to court.

(b) (Reserved).

(d) (Reserved).

(e) Filing and notice.--Upon presentation to the court, a petition shall be filed with the clerk of court, and notice of the petition shall be published under section 109 (relating to publication of notices) once a week for four consecutive weeks immediately following the filing of the petition, during which time exceptions may be filed to the petition by any person interested. The notice shall state when and where the petition was filed and the time during which exceptions may be filed to the petition.

(f) Contents of petition.--The petition under subsection (e) shall indicate the name of the proposed borough with a particular description of the boundaries of the borough and be accompanied with a plot of the proposed borough. The following shall apply:

(1) If the boundaries of the proposed borough are not the same as an existing township, the description shall contain the courses and distances of the boundaries.

(2) If the boundaries of the proposed borough are the same as an existing township, the description:

(i) may contain the courses and distances of the boundaries; and

(ii) shall refer to the name and location of the existing township.

08c202v

Special Provisions in Appendix. See section 4(3)(ii) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.

08c202.1s

§ 202.1. Borough advisory committee.

(a) Establishment.--The court shall establish a borough advisory committee when a petition is received by the court for the creation of a borough. The following shall apply to committee members:

(1) Members shall be appointed by and shall serve at the pleasure of the court.

(2) The committee shall consist of the following:

(i) Two residents of the proposed borough.

(ii) Two residents from each of the existing townships recommended by the respective governing body of the township who are not residing within the proposed borough.

(iii) One resident of the county not residing in any area under subparagraphs (i) and (ii) who shall serve as the chair of the committee.

(3) Members shall serve without salary. The court may entitle each member to reimbursement for the member's actual and necessary expenses incurred in the performance of the member's official duties.

(4) Members may consult with the director of the county planning commission who may advise the committee.

(b) Duties.--The committee shall, within 60 days of its creation, advise the court in relation to the establishment of the proposed borough. The committee shall render expert advice and findings of fact relating to the desirability of an incorporation, including advice as to:

(1) The proposed borough's ability to obtain or provide adequate and reasonable community support services such as police protection, fire protection and other appropriate community facility services.

(2) Whether the proposed borough constitutes a harmonious whole with common interests and needs that can best be served by a borough government. In examining this factor, the committee shall consider whether the proposed borough represents a distinct community with features different from those of the existing township.

(3) The existing and potential commercial, residential and industrial development of the proposed borough.

(4) Whether the proposed borough would provide for land use regulations to meet the legitimate needs for all categories of residents or whether the plan is exclusionary or would result in economic segregation.

(5) The financial or tax effect on the proposed borough and existing township.

08c202.2s

§ 202.2. Advisability of incorporation, certification of question for referendum and decree.

(a) Process.--After receiving the findings of fact and the advice of the committee, the court shall conduct a hearing. If, after the hearing, the court deems further investigation necessary to determine the advisability of incorporation, it may issue an order to obtain the additional information. When the court has obtained all reasonably necessary information and has determined that the conditions required under this section have been met, the court shall determine the desirability of the proposed incorporation based upon the following:

(1) The evidence submitted at the hearing and by the committee.

(2) Any additional information obtained after the hearing.

(3) Any other applicable factors the court deems relevant.

(b) Determination.--If the court determines that the desirability of the proposed incorporation is not supported by a preponderance of the evidence, the court shall enter a final decree denying the request of the petitioners, and no other proceedings may be held. If the court determines that the desirability of the proposed incorporation is supported by a preponderance of the evidence, the court shall certify the question of the proposed incorporation to the board of election of the county for a referendum vote of the residents of the proposed borough. Upon receipt of the certified election results, the court shall enter a final decree granting or denying the request of the petitioners.

(c) Expenses.--The petition and the final decree granting or denying the petition shall be recorded in the recorder of deeds office of the county at the expense of the petitioners. The petitioners shall pay all other expenses and costs in connection with the proceedings.

08c203s

§ 203. (Reserved).

08c204s

§ 204. (Reserved).

08c205s

§ 205. Borough government and requisites of charter.

(a) Time.--When the petition and the final decree granting the petition have been recorded, the area shall become an incorporated borough and shall be entitled to the rights, privileges and immunities conferred under this part, except as provided under section 211 (relating to temporary preservation, organization and election of officers).

(b) Charter.--The final decree of the court granting the petition shall constitute the charter of the borough. All charters granted under this part shall include:

(1) The corporate name of the borough.

(2) The boundaries of the borough.

08c206s

§ 206. Farmlands.

If, in any petition for the incorporation of a borough, the boundaries fixed by the petitioners embrace lands exclusively used for the purposes of farming, the court may, if it deems the land does not properly belong to the proposed borough and at the request of any party aggrieved, change the boundaries to exclude the land used for farming.

08c207s

§ 207. Corporate name.

The corporate name of a borough incorporated under this part shall be "The Borough of ."

08c208s

§ 208. (Reserved).

08c209s

§ 209. (Reserved).

08c210s

§ 210. Certificates.

(a) Decree.--When a borough is created, the clerk of courts in each county affected shall, within 30 days of the creation, certify to the Department of State, the Department of Transportation, the Department of Community and Economic Development and the county planning commission a copy of the decree of court incorporating the borough. The clerk may impose a fee of $3.50 as part of the costs of the proceeding for the services under this subsection.

(b) Penalty.--Any clerk of court who fails, neglects or refuses to furnish the certifications as provided under this part commits a summary offense and shall pay a fine of not more than $50.

08c210v

Special Provisions in Appendix. See section 4(3)(iii) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.

08c211s

§ 211. Temporary preservation, organization and election of officers.

(a) Government.--The following shall apply:

(1) A newly incorporated area under section 201 (relating to contiguous areas) shall continue to be governed as before the incorporation until the first Monday of January following the municipal election after the issuance of the final decree establishing the new borough.

(2) After a newly incorporated area is no longer governed as before the incorporation under paragraph (1), the officers of the borough who are elected, under section 805 (relating to election after creation), at the municipal or special election shall begin their terms of office, and the borough government shall be considered to be duly organized under this part.

(b) Election.--Borough officers shall be elected at:

(1) the next municipal election occurring at least 90 days following the issuance of the decree establishing the borough; or

(2) at the request of the petitioners, a special election called by the court of common pleas.

(c) Special election.--If a special election is held under subsection (b)(2), the court shall do all of the following:

(1) Fix the time, place and manner of holding the special election.

(2) Designate an individual to give notice of the special election and the manner of the special election.

(3) Appoint from among the electors of the newly established borough a judge and inspectors to hold the election.

(d) Terms.--The following shall apply:

(1) Municipal officers elected at a special election held under subsection (c) shall serve until the first Monday in January following the next succeeding municipal election.

(2) The successors of municipal officers under paragraph (1) shall be elected as provided under section 805 and shall take office upon completion of municipal officer's service under paragraph (1).

08c211v

Cross References. Section 211 is referred to in sections 205, 213 of this title.

08c212s

§ 212. Boundaries.

The boundaries of the borough shall, as soon as practicable after its incorporation, be appropriately marked. Prior to marking the boundaries, notice shall be provided, as directed by the court, to the governing bodies of adjoining municipal corporations.

08c213s

§ 213. Adjustment of indebtedness.

(a) Property.--The following shall apply:

(1) After the election of a council under section 211 (relating to temporary preservation, organization and election of officers) when a borough is newly incorporated, the council and the governing body of the township from which the borough was created shall make an equitable adjustment and apportionment of all the public real and personal property owned by the township at the time of the incorporation of the borough.

(2) Except as provided under paragraph (3), the property under paragraph (1) shall include funds and indebtedness.

(3) If adjusting property and indebtedness under paragraph (1), streets, sewers and utilities may not be considered except to the extent that current and unpaid indebtedness was incurred for the construction and improvement of the property.

(b) Proportion.--In making the adjustment and apportionment under subsection (a), the following shall apply:

(1) The borough shall be entitled to a division of the property and indebtedness in the same proportion that the assessed valuation of the taxable real estate included within the territorial limits of the newly incorporated borough bears to the assessed valuation of the taxable real estate in the entire township immediately prior to the incorporation of the borough. The township shall be entitled to the remainder of the property and indebtedness.

(2) If indebtedness was incurred by the township for an improvement located wholly within the territorial limits of the newly incorporated borough, the indebtedness shall be assumed by the borough.

(3) If only part of the improvement is located within the newly incorporated borough, the part of the indebtedness representing the part of the improvement located within the borough shall be assumed by the borough, and the adjustment and apportionment of any remaining debt shall be retained by the township.

(c) Form.--The adjustment and apportionment made under this section must meet all of the following:

(1) Be in writing and duly executed and acknowledged by the secretary or clerk of the township and the secretary of the borough.

(2) Be filed in the office of the clerk of the court of common pleas of the county.

(3) Be filed as a copy with the Department of Community and Economic Development.

08c214s

§ 214. Judicial adjustment.

(a) Petition.--If the governing bodies of the township and the borough cannot make an amicable adjustment and apportionment of the property and indebtedness within six months after the government of the newly incorporated borough is established, the supervisors or commissioners of the township or the council of the borough may present a petition to the court of common pleas requesting a judicial adjustment.

(b) Appointment.--After receiving a petition under subsection (a), the court shall appoint three disinterested commissioners who meet all of the following requirements:

(1) Are residents and taxpayers of the county.

(2) Are not residents of or own real estate in the township or borough.

(c) Report.--The individuals appointed under subsection (b) shall hold a hearing and make a report to the court containing an adjustment and apportionment of all the property and the indebtedness between the township and the borough. Notice shall be made to the township and borough as provided by the court. The report shall state the amount due and payable from the borough or the township to the other entity and the amount of indebtedness that shall be assumed by the borough or the township.

08c214v

(June 5, 2020, P.L.211, No.28, eff. 60 days)

2020 Amendment. Act 28 amended subsec. (a).

Cross References. Section 214 is referred to in sections 215, 216, 217 of this title.

08c215s

§ 215. Judicial adjustment award proceedings.

(a) Notice.--The commissioners shall give the township and the borough at least five days' notice of the filing of the report under section 214(c) (relating to judicial adjustment).

(b) Exceptions.--Unless exceptions are filed to the report within 30 days after the date of the filing, the report shall be confirmed by the court.

(c) Effect.--The following shall apply:

(1) Any sum awarded by the report to the township or borough shall be a legal and valid claim in its favor against the borough or township charged with the sum.

(2) Any real or personal property given to the township or borough shall become its respective property.

(3) Any claim or indebtedness charged against the borough or township may be collected from the borough or the township.

08c216s

§ 216. Exceptions.

If exceptions are filed to the report under section 214(c) (relating to judicial adjustment), the court shall dispose of the exceptions and shall enter its decree confirming or modifying the award.

08c217s

§ 217. Compensation, expenses and costs.

The commissioners under section 214(b) (relating to judicial adjustment) shall receive compensation and expenses for their services as provided by the court. The costs of the proceedings, including the compensation and expenses of the commissioners, shall be apportioned by the court between the borough and township.

08c218s

§ 218. Territory located in multiple counties.

If territory included within the limits of a newly incorporated borough is located in at least two counties, the court of common pleas of the county where the larger part of the territory of the borough is located shall have exclusive jurisdiction over the proceedings to adjust and apportion the indebtedness between the borough and township.

08c219s

§ 219. Bond issues and taxation.

In any proceeding to adjust and apportion indebtedness, the township or the borough shall have power to issue and deliver to the borough or township interest-bearing bonds in liquidation of the indebtedness ascertained, to be its proportionate share payable, if the bonds are acceptable to the borough or township or townships entitled to receive the bonds. The court may make necessary orders for the collection and payment by the township or townships or borough of the amount needed to pay its share of any indebtedness apportioned to it by special taxes to be collected in one year or by annual installments.

08c221h

SUBCHAPTER B

CONSOLIDATION

(Reserved)

08c231h

SUBCHAPTER C

CREATION FROM CITIES OF THE THIRD CLASS

Sec.

231. Procedure.

232. Filing, notice and return.

233. Borough government.

234. Effect.

235. Costs and expenses.

Cross References. Subchapter C is referred to in section 805 of this title.

08c231s

§ 231. Procedure.

(a) Petition.--The court of common pleas shall, upon petition of at least 10% of the registered electors of any city of the third class, order an election to be held at the next general, municipal or primary election occurring at least 90 days after the presentation of the petition.

(b) Vote.--The electors shall, at the election under subsection (a), vote for or against the change of the charter of the city to a borough charter and the adoption of the borough form of government.

(c) Contents.--A petition under subsection (a) shall indicate all of the following:

(1) The inhabitants of the city desire to do all of the following:

(i) Change the charter of the city to a borough charter.

(ii) Be governed by the laws of the Commonwealth relating to boroughs.

(2) The city has had a city form of government for a period of at least five years.

(3) The name of the proposed borough.

(d) Required electors.--The number of registered electors required to sign the petition shall be determined as of the date the petition is filed.

08c231v

Cross References. Section 231 is referred to in section 232 of this title.

08c232s

§ 232. Filing, notice and return.

(a) Filing.--Upon presentation of a petition under section 231 (relating to procedure), the court shall determine whether the petition meets the requirements under section 231. If the requirements are met, the court shall:

(1) Enter an appropriate order requiring an election.

(2) Direct that the petition shall be filed with the clerk of the court and that a copy of the petition and order of court shall be filed with the county board of elections.

(b) Notice.--Notice of the time and purpose of the election under subsection (a) shall be given in at least one newspaper of general circulation of the proper county once a week for four consecutive weeks. The publication of the notice shall be made on behalf of the petitioners and shall be in the form approved by the court.

(c) Return.--The following shall apply:

(1) The county board of elections shall frame the proper question to be submitted to the electors at the election ordered by the court.

(2) The county board of elections shall make a return of the vote cast on the question submitted to the clerk of the court of common pleas. The return shall be filed with the petition.

(3) If a majority of those voting on the question submitted were in favor of the change of the city charter to a borough charter, the court shall order that the record of the proceedings be recorded in the office for the recording of deeds of the county, and the record shall constitute the charter of the borough under the name provided in the petition. The recorder of deeds in each county affected shall certify to the Department of State, the Department of Transportation, the Department of Community and Economic Development and the county planning commission a copy of the record constituting the charter of the borough.

(4) If a majority of those voting on the question submitted were against the change of the city charter to a borough charter, the same question may not be submitted for a period of five years following the election.

08c232v

Cross References. Section 232 is referred to in section 233 of this title.

08c233s

§ 233. Borough government.

(a) City.--When the record of the proceedings under section 232 (relating to filing, notice and return) is recorded, the city form of government shall continue in operation until the first Monday of January after the first municipal election occurring at least 90 days after the recording of the record.

(b) Borough.--After the city form of government is no longer in operation under subsection (a), the borough government shall be organized by the officers elected at the municipal election in accordance with section 805 (relating to election after creation).

08c234s

§ 234. Effect.

(a) Property.--When the borough government is formed, the property and assets of the city shall become the property of the borough, and the change of government shall not do any of the following:

(1) Affect any of the following:

(i) Liabilities incurred.

(ii) Rights accrued or vested.

(iii) Obligations issued or contracted.

(iv) Suits or prosecutions pending or instituted to enforce any right or penalty accrued.

(2) Punish any offense committed prior to the formation.

(b) Ordinances.--Ordinances of the former city shall continue in force in the new borough until altered or repealed.

(c) Wards and districts.--Wards and election districts of the city shall become the wards and election districts of the borough until altered or changed. In the election of members of council from the several wards, two members of council shall be elected from each ward, unless changed as provided by law.

(d) Office.--All constables and election officers in office in the city at the time the borough government is organized shall remain in office until the expiration of their respective terms of office.

08c235s

§ 235. Costs and expenses.

(a) Petitioners.--Except as provided under subsection (b), the costs and expenses of proceedings to change the charter of a city to a borough, including all costs of advertising, shall be paid by the petitioners.

(b) Exception.--If the vote of electors to change the charter of a city to a borough is in favor of the change, the cost and expenses under subsection (a) shall be paid by the city.

08c241h

SUBCHAPTER D

CONSOLIDATION OR MERGER AND

CHANGE OF CORPORATE NAME

Sec.

241. Consolidation or merger.

242. Change of corporate name.

08c241s

§ 241. Consolidation or merger.

A borough may be merged or consolidated into a new or existing municipal corporation in accordance with 53 Pa.C.S. Ch. 7 Subch. C (relating to consolidation and merger).

08c242s

§ 242. Change of corporate name.

(a) General rule.--The following shall apply:

(1) If the corporate name of a borough differs from the name of the borough in general usage or from the post office designation due to minor discrepancies in spelling, capitalization or the manner of compounding the elements of the name, the court of common pleas, upon petition, may change the name of the borough to conform to the name in general usage or to the post office designation.

(2) The petition under paragraph (1) may be presented by any of the following:

(i) Council, pursuant to a resolution.

(ii) At least 5% of the registered electors of the borough.

(b) Petition.--The following shall apply:

(2) If the court grants the petition, the decree of the court shall be recorded, and the corporate name of the borough shall be as provided in the petition from the date of recording.

(c) Dissemination of decree.--The recorder of deeds in each county affected shall certify to the Department of State, the Department of Transportation, the Department of Community and Economic Development and the county planning commission a copy of the decree changing the corporate name of the borough.

(d) Force and effect.--A change of corporate name shall not affect any of the following:

(1) Liabilities incurred.

(2) Rights accrued or vested.

(3) Obligations issued or contracted.

(4) Any suits or prosecutions pending or instituted to enforce any right or penalty accrued or to punish any offense committed prior to the change.

08c301h

CHAPTER 3

ANNULMENT OF CHARTERS AND

CHANGE OF CORPORATE NAMES

(Reserved)

Enactment. Chapter 3 (Reserved) was added April 18, 2014, P.L.432, No.37, effective in 60 days.

08c401h

CHAPTER 4

CHANGE OF LIMITS

(Reserved)

Enactment. Chapter 4 (Reserved) was added April 18, 2014, P.L.432, No.37, effective in 60 days.

08c501h

CHAPTER 5

BOUNDARIES

Sec.

501. Stream boundaries (Repealed).

502. Petition and establishment of disputed boundaries (Repealed).

503. Commissioners and report (Repealed).

504. Exceptions and procedure (Repealed).

505. Compensation, expenses and costs (Repealed).

506. Boundary monuments (Repealed).

Enactment. Chapter 5 was added April 18, 2014, P.L.432, No.37, effective in 60 days.

08c501s

§ 501. Stream boundaries (Repealed).

08c501v

2022 Repeal. Section 501 was repealed July 7, 2022, P.L.455, No.41, effective in 60 days.

08c502s

§ 502. Petition and establishment of disputed boundaries (Repealed).

08c502v

2022 Repeal. Section 502 was repealed July 7, 2022, P.L.455, No.41, effective in 60 days.

08c503s

§ 503. Commissioners and report (Repealed).

08c503v

2022 Repeal. Section 503 was repealed July 7, 2022, P.L.455, No.41, effective in 60 days.

08c504s

§ 504. Exceptions and procedure (Repealed).

08c504v

2022 Repeal. Section 504 was repealed July 7, 2022, P.L.455, No.41, effective in 60 days.

08c505s

§ 505. Compensation, expenses and costs (Repealed).

08c505v

2022 Repeal. Section 505 was repealed July 7, 2022, P.L.455, No.41, effective in 60 days.

08c506s

§ 506. Boundary monuments (Repealed).

08c506v

2022 Repeal. Section 506 was repealed July 7, 2022, P.L.455, No.41, effective in 60 days.

08c601h

CHAPTER 6

WARDS

Sec.

601. Creation and alteration.

602. Petition of electors.

603. Notice of ordinance.

604. (Reserved).

605. (Reserved).

606. Terms of officers.

606.1. Construction of chapter.

607. (Reserved).

Enactment. Chapter 6 was added April 18, 2014, P.L.432, No.37, effective in 60 days.

08c601s

§ 601. Creation and alteration.

(a) Council.--In addition to reapportionment initiated in accordance with 53 Pa.C.S. Ch. 9 (relating to municipal reapportionment) and section 11 of Article IX of the Constitution of Pennsylvania, a council may, by ordinance, do any of the following:

(1) Divide boroughs into wards.

(2) Erect new wards out of two or more adjoining wards or parts of wards.

(3) Consolidate two or more wards into one ward.

(4) Divide any ward already erected into two or more wards.

(5) Alter the lines of two or more adjoining wards or cause the lines or boundaries of wards to be ascertained or established.

(6) Abolish all wards.

(b) Restrictions.--The following shall apply:

(1) No borough may be divided or redivided into more than 13 wards.

(2) The following shall apply:

(i) No ward may be created containing less than 300 registered electors.

(ii) Any ward which contains less than 350 registered electors after December 31, 1965, may be abolished, and the territory of the ward shall be distributed among the remaining wards as determined by council.

(iii) All wards in existence prior to January 1, 1966, shall remain as established, until altered or divided as provided under this chapter.

(c) Members of council.--If a ward is abolished under this section and the number of wards in a borough is reduced to less than five, a member of council in an abolished ward shall continue in office for his elected term and shall become a member of council at large from the borough.

(d) Composition.--All wards in the borough shall be numbered and composed of compact and contiguous territory as nearly equal in population as practicable as officially and finally reported in the latest official census.

08c601v

Cross References. Section 601 is referred to in sections 602, 603 of this title.

08c602s

§ 602. Petition of electors.

(a) Council.--At least 5% of registered electors of the borough or, for a proposal affecting only a portion of the borough, at least 5% of the registered electors of the ward which would be affected by the proposal may petition council to initiate proceedings under section 601 (relating to creation and alteration) and may present to council a plot showing the boundaries of the proposed wards of the borough. Council shall, by motion approved by a majority of council and within 90 days of presentment of the petition, determine whether to initiate proceedings under section 601.

(b) Court of common pleas.--If council has not approved a motion within 90 days after the presentment of a petition under subsection (a), ten registered electors may petition the court of common pleas and contest the existing apportionment as violating section 601(b) or (d). The proceedings before the court shall be conducted in accordance with 53 Pa.C.S. §§ 906 (relating to contest of reapportionment by governing body) and 907 (relating to costs and expenses of contest).

08c603s

§ 603. Notice of ordinance.

(a) Requirement.--Notice of an ordinance enacted in accordance with section 601 (relating to creation and alteration) shall be given by publication once in a newspaper of general circulation.

(b) County board of elections.--A copy of the ordinance, along with a plot showing the boundaries of the wards established, shall be forwarded to the county board of elections.

08c604s

§ 604. (Reserved).

08c605s

§ 605. (Reserved).

08c606s

§ 606. Terms of officers.

(a) Appointment.--Except as provided under subsection (b), if council divides a borough into wards, it shall request the court of common pleas to appoint for each ward a judge and two inspectors of election to hold elections until the officers of the ward may be elected.

(b) Expiration.--Except as provided under subsection (a), officers in office at the time any changes are made under this chapter shall remain in office until the expiration of the terms for which they have been elected. If a vacancy occurs, the vacancy shall be filled by the council, until the first Monday of January next succeeding the election at which the officers are to be elected, as provided under Chapter 8 (relating to elections of officers).

08c606.1s

§ 606.1. Construction of chapter.

Nothing under this chapter shall be construed as affecting any of the following:

(1) The powers and duties of the court of common pleas or the county board of elections.

(2) Restrictions on alteration of election districts as provided under Article V of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.

08c607s

§ 607. (Reserved).

08c701h

CHAPTER 7

ASSOCIATIONS AND ORGANIZATIONS

Sec.

701. State Association of Boroughs.

701.1. Authorization and expenses.

701.2. Compensation.

702. County and regional associations of boroughs.

703. Other associations and organizations.

704. Associations and organizations for mayors.

705. National or State lodge of police officers.

Enactment. Chapter 7 was added April 18, 2014, P.L.432, No.37, effective in 60 days.

08c701s

§ 701. State Association of Boroughs.

(a) Organization.--The boroughs of the Commonwealth may organize a State Association of Boroughs for the purpose of advancing the interests of the boroughs. A borough may join the State Association of Boroughs by motion of council and payment of the annual dues. Each borough, after becoming a member, shall pay reasonable dues as determined by the State Association of Boroughs.

(b) Revenue.--Revenue received by the State Association of Boroughs shall be used to pay for services, publications and other expenses authorized or ratified by the State Association of Boroughs or incurred on behalf of the State Association of Boroughs by its officers and committees.

08c701.1s

§ 701.1. Authorization and expenses.

(a) Delegates.--Council may, by motion, designate one or more delegates from the elected or appointed officers of the borough to attend the annual meeting of the State Association of Boroughs, which shall be held in this Commonwealth in accordance with the procedure adopted by the State Association of Boroughs.

(b) Nondelegates.--Council may, by motion, designate one or more elected or appointed officers or employees of the borough to attend the annual meeting of the State Association of Boroughs as nondelegates or to attend a conference, educational training or committee meeting of the State Association of Boroughs.

(c) Expenses.--The following shall apply:

(1) In addition to any compensation allowed under section 701.2 (relating to compensation), council may, for each delegate, elected or appointed officer or employee under subsection (a) or (b), pay the following expenses upon receipt of an itemized account of expenses:

(i) The registration fee.

(ii) Mileage for use of a personal vehicle or reimbursement of actual transportation expenses going to and returning from the annual meeting, conference, educational training or committee meeting of the State Association of Boroughs.

(iii) Any actual expenses that the council may have agreed to pay.

(2) Notwithstanding this subsection, at least one member of council shall be allowed the following expenses:

(i) The registration fee.

(ii) Lodging, meals and mileage for use of a personal vehicle or reimbursement of actual transportation expenses going to and returning from the meeting.

(iii) Any actual expenses that the council may have agreed to pay.

08c701.2s

§ 701.2. Compensation.

(a) Employees.--Council may authorize borough employees, including the mayor and members of council if they are employees of the borough, to be compensated at their regular employee rates during their attendance at the annual meeting or a conference, educational training or committee meeting of the State Association of Boroughs.

(b) Nonemployees.--Council may authorize the mayor and any council member who is not employed by the borough to receive total or partial reimbursement for lost wages or salary, including those from self-employment, while attending the annual meeting or a conference, educational training or committee meeting of the State Association of Boroughs if sufficient documentation is presented to council to justify the reimbursement.

(c) Amount.--The maximum time for which a borough employee or mayor or council member not employed by the borough shall be reimbursed for lost wages or salary while attending the annual meeting or a conference, educational training or committee meeting of the State Association of Boroughs shall be not more than four days, including time spent traveling to and from the event.

(d) Executive members.--The council may authorize a mayor or any council member employed by the borough to be compensated at the mayor's or council member's regular employee rate and a mayor or council member who is not employed by the borough to receive total or partial reimbursement for lost wages or salary, including those from self-employment, if the mayor or council member attends a meeting for which the mayor or council member is an officer, a member of the board of directors, a member of the executive committee, a member of a standing committee or a trustee of the State Association of Boroughs, subject to the following which shall include time spent traveling to and from the event:

(1) The compensation of a mayor or council member for attending a meeting of a standing committee of the State Association of Boroughs shall be limited to two days per year of regular employee rate compensation or lost wages or salary.

(2) The compensation of a mayor or council member for attending a meeting for which the mayor or council member is a trustee for the State Association of Boroughs shall be limited to four days per year of regular employee rate compensation or lost wages or salary.

(3) The compensation of a mayor or council member for attending a meeting for which the mayor or council member is an officer, member of the board of directors or a member of the executive committee of the State Association of Boroughs shall be limited to 15 days per year of regular employee rate compensation or lost wages or salary.

(4) A mayor or council member identified under paragraph (1), (2) or (3) may not be compensated by the borough under this subsection if the mayor or council member receives compensation from the State Association of Boroughs or a board or committee of the State Association of Boroughs for attending the meeting.

08c701.2v

Cross References. Section 701.2 is referred to in section 701.1 of this title.

08c702s

§ 702. County and regional associations of boroughs.

(a) Organization.--The boroughs of any county or of two or more adjoining or nearby counties may organize a county or regional association of boroughs, composed of elected and appointed borough officers in the county, organized for the purpose of furthering the interests of the boroughs in the county or regional association of boroughs and their inhabitants.

(b) Appropriation.--A borough may annually appropriate no more than $100 for the support of the county or regional association of boroughs.

(c) Expenses.--The following shall apply:

(1) The borough may pay the following expenses of each delegate for attendance at a meeting of the county or regional association of which the borough is a member:

(i) The registration fee.

(ii) Mileage for use of a personal vehicle or reimbursement of actual transportation expenses going to and returning from the meeting.

(iii) Any actual expenses that the council may have agreed to pay.

(2) Every delegate attending the meeting shall submit to the council an itemized account of expenses incurred.

(d) Compensation.--The council may authorize borough employees to be compensated at their regular employee rate during their attendance at a meeting of the county or regional association. The council solely may authorize the mayor and any council member who is not employed by the borough to receive total or partial reimbursement for lost wages or salary while attending the meeting if sufficient documentation is presented to the council to justify the reimbursement.

(e) Other members.--A county or regional association of boroughs may admit representatives of political subdivisions other than boroughs within the county as members. Members admitted under this subsection may not participate in any matter of concern solely to boroughs.

08c703s

§ 703. Other associations and organizations.

(a) Authorization.--A borough, by motion of council, may do any of the following:

(1) Join associations and organizations other than associations and organizations referred to under this chapter concerned with municipal or governmental affairs.

(2) Pay dues to and appropriate funds for the support of and participation in associations and organizations under paragraph (1).

(3) Send delegates to meetings or conferences of associations and organizations under paragraph (1).

(a.1) Compensation and expenses.--The following shall apply:

(1) In addition to any compensation allowed by law for a delegate, the borough may pay the following expenses for each delegate under subsection (a)(3):

(i) The registration fee.

(ii) Mileage for use of a personal vehicle or reimbursement of actual transportation expenses going to and returning from the meeting or conference.

(iii) Any expenses that the council may have agreed to pay.

(2) Every delegate under subsection (a)(3) shall submit to the council an itemized account of expenses incurred.

(3) The council may authorize borough employees to be compensated at their regular employee rate during their attendance at an annual meeting or conference of an association or organization under paragraph (1). The time spent in attending the meeting or conference may not be more than four days, including the time traveling to and from the meeting or conference.

(b) Professional and educational meetings.--A borough may, by motion of council, do any of the following:

(1) Authorize any of its officers and employees to attend any of the following:

(i) Meetings of professional organizations and associations.

(ii) Educational training sessions for individuals holding the same or similar office or employment.

(2) Pay all or a portion of the necessary expenses incident to an individual's attendance at meetings or sessions under paragraph (1).

(c) Itemized account.--Every individual attending a conference, meeting or educational training session under this section shall submit to the council an itemized account of the individual's expenses, including traveling expenses or mileage, that council may have agreed to pay.

08c704s

§ 704. Associations and organizations for mayors.

(a) Authorization.--A mayor may join any mayors' association in Pennsylvania. Council shall pay reasonable dues not to exceed $100 if requested by the mayor. The mayor may attend the annual meeting of the mayors' association, which shall be held in this Commonwealth in accordance with the procedure adopted by the mayors' association.

(b) Expenses.--A mayor shall, if requested, receive the following expenses for attending the annual meeting under subsection (a):

(1) The registration fee.

(2) Lodging, meals and mileage for use of a personal vehicle or reimbursement of actual transportation expenses going to and returning from the meeting.

(3) Any actual expenses that the council may have agreed to pay.

(c) Itemized account.--Every mayor attending the annual meeting under subsection (a) shall submit to the council an itemized account of expenses incurred at the annual meeting of the mayors' association. The time spent in attending the annual meeting may not be more than four days, including time traveling to and from the meeting.

08c704v

(Mar. 28, 2024, P.L.2, No.2, eff. 60 days)

2024 Amendment. Act 2 amended subsecs. (a) and (b).

08c705s

§ 705. National or State lodge of police officers.

(a) Authorization.--A council may grant a borough employee who is a duly elected representative of a State lodge of police officers or a local lodge which is a part of any national or State lodge of police officers a leave of absence with pay to attend an annual national or State convention or conference of the lodge, for a period not to exceed four days, including necessary time for travel to and from the convention or conference.

(b) Certification.--An employee receiving time off with pay under subsection (a) shall, upon return, submit to the employee's immediate superior a certificate testifying to the employee's attendance at the convention or conference, signed by at least two responsible officers of the convention or conference.

(c) Limitation.--No more than two elected representatives who are employees of the same borough may attend a convention or conference on behalf of a lodge under this section.

08c801h

CHAPTER 8

ELECTIONS OF OFFICERS

Subchapter

A. General Provisions

B. Members of Council

C. Mayor (Reserved)

D. Auditors (Reserved)

E. Controller (Reserved)

F. Assessors (Reserved)

G. Tax Collector (Reserved)

Enactment. Chapter 8 was added April 18, 2014, P.L.432, No.37, effective in 60 days.

Cross References. Chapter 8 is referred to in section 606 of this title.

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

801. Eligibility.

802. Time and place.

803. Certificates.

804. Term and bonds.

805. Election after creation.

806. Officers elected.

08c801s

§ 801. Eligibility.

(a) Residency.--The following shall apply:

(1) Only registered electors of the borough shall be eligible to elective borough offices.

(2) Except as provided under subsection (c) and 53 Pa.C.S. § 1142 (relating to residency during military service), before being sworn into office, each elected borough officer shall present a signed affidavit to the borough secretary that states that the officer resides in the borough, or within the ward in the case of a ward office, from which elected and has resided in the borough continuously for at least one year immediately prior to the officer's election.

(b) Incompatible offices.--A school director or a trustee of a charter school may not be elected to an elective borough office. No individual may hold more than one elective borough office at the same time.

(c) Exception.--A borough with a population of less than 150 may permit residents that have not resided in the borough continuously for at least one year immediately before the election to be eligible to hold office.

08c801v

(Mar. 28, 2024, P.L.2, No.2, eff. 60 days)

2024 Amendment. Act 2 amended subsec. (a).

Special Provisions in Appendix. See sections 4(3)(iv) and 5 of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law and applicability.

References in Text. Act 54 of 2017 added 53 Pa.C.S. § 1142, which provides that "active military duty" shall not disqualify a person from fulfilling residency requirements for municipal elective office and that one who is a resident of a municipality for at least one year immediately prior to the person's absence due to active military duty shall be deemed to be an ongoing resident of the municipality for purposes of any residency requirement of office unless and until the person demonstrates an intent to establish a new domicile outside the municipality.

Cross References. Section 801 is referred to in sections 816, 901 of this title.

08c802s

§ 802. Time and place.

Elections for borough officers shall be at the time and place designated by law for the holding of municipal elections.

08c803s

§ 803. Certificates.

Certificates of election of all borough officers shall be filed with the borough secretary and preserved among the records of the borough for a period of six years.

08c804s

§ 804. Term and bonds.

(a) Terms.--The following shall apply:

(1) Except as provided under paragraph (2), an individual elected to a borough office shall serve for the term for which the individual was elected.

(2) If a vacancy in office occurs, it shall be filled in the manner provided under this part.

(b) Bonds.--The following shall apply:

(1) Except as provided under paragraph (2), if an elected official of a borough is required to give a bond for the faithful performance of the elected official's duties, the borough may pay the premium for the bond.

(2) A borough shall pay a proportionate share of the cost of a tax collector's bond within the same ratio as the amount of borough taxes bears to the total amount of all taxes indicated by the tax duplicate to be collected by the tax collector during the year preceding the date the premium is due.

08c804v

Cross References. Section 804 is referred to in section 1103 of this title.

08c805s

§ 805. Election after creation.

(a) Officers.--The officers of a borough provided for under section 806 (relating to officers elected) shall be elected at the appropriate municipal election and take office on the first Monday of January succeeding the election if any of the following occur:

(1) A borough is incorporated under Subchapter A of Chapter 2 (relating to incorporation).

(2) At least two boroughs are consolidated under 53 Pa.C.S. Ch. 7 Subch. C (relating to consolidation and merger).

(3) A borough is created from a city of the third class under Subchapter C of Chapter 2 (relating to creation from cities of the third class).

(b) Terms.--The following shall apply:

(1) Except as provided under paragraph (2) and at the election under subsection (a), if a borough is not divided into wards, the following members shall be elected to coincide with the number of members of council elected in boroughs existing on January 1, 1966, under section 811 (relating to election):

(i) Three or four members of council shall be elected for terms of two years each.

(ii) Three or four members of council shall be elected for terms of four years each.

(2) One member of council shall be elected from each ward for a term of two years and one member of council shall be elected from each ward for a term of four years in any of the following:

(i) A consolidation of two or more boroughs into one borough.

(ii) The creation of a borough from a city of the third class.

(iii) If two members of council are to be elected from each ward.

(3) In any borough under subsection (a), three auditors shall be elected as follows:

(i) One for a term of two years.

(ii) One for a term of four years.

(iii) One for a term of six years.

(4) Any officers of a borough not listed under this section shall be elected for terms of two or four years to coincide with the terms of officers elected under this part in the existing boroughs.

08c805v

Cross References. Section 805 is referred to in sections 211, 233 of this title.

08c806s

§ 806. Officers elected.

(a) Officers.--The electors of the borough may elect:

(1) A mayor, who shall be elected at municipal elections every four years.

(2) A tax collector, who shall be elected at municipal elections every four years and must be a properly qualified individual. A magisterial district judge may not hold the office of tax collector and the office of magisterial district judge at the same time.

(3) Unless the borough provides for one appointed auditor under section 1005(7) (relating to powers of council), three auditors or one controller. The following shall apply:

(i) In boroughs providing for three elected auditors, one auditor shall be elected at each municipal election for a term of six years.

(ii) In boroughs providing for one elected controller, the controller shall:

(A) be elected at the municipal election;

(B) be a competent accountant and a registered elector of the borough for at least four years prior to the individual's election; and

(4) Except as provided in section 818 (relating to change in number of members of council), in boroughs not divided into wards, seven members of council.

(i) (Deleted by amendment).

(ii) (Deleted by amendment).

(5) As follows:

(i) Except as provided under subparagraph (ii), in boroughs divided into wards, at least one and not more than two members of council in each ward.

(ii) In boroughs in which prior to January 1, 1966, three members of council were elected in each ward, three members of council in each ward unless the number is reduced as provided under this part. Members of council shall:

(A) be residents of the ward from which they are elected; and

(B) be chosen by the electors of the ward.

(b) Terms.--The term of an elected officer under this section shall begin the first Monday of January succeeding the individual's election.

08c806v

(Mar. 28, 2024, P.L.2, No.2, eff. 60 days)

2024 Amendment. Act 2 amended subsec. (a)(4).

Cross References. Section 806 is referred to in section 805 of this title.

08c811h

SUBCHAPTER B

MEMBERS OF COUNCIL

Sec.

811. Election.

812. Election of members of council.

813. Fixing number of members of council.

814. Increase in number of ward council members.

815. Decrease in number of ward council members.

816. Election of members of council where wards abolished.

817. Vacancies created after a primary election.

818. Change in number of members of council.

08c811s

§ 811. Election.

Biennially, at the municipal election, a sufficient number of members of council shall be elected to fill the places of members whose terms shall, under this part, expire on the first Monday of January following the election. Members elected under this section shall serve for a term of four years from the first Monday of January succeeding the municipal election.

08c811v

Cross References. Section 811 is referred to in section 805 of this title.

08c812s

§ 812. Election of members of council.

(a) General rule.--If council, by ordinance, divides any borough into wards, erects new wards out of two or more wards or parts of wards or divides a ward already erected into two or more wards, the ordinance shall provide for the election of an equal number of members of council, in each of the wards, in a manner as not to interfere with the terms of those previously elected.

(b) Election of members.--The following shall apply:

(1) If a borough is first divided into wards, the ordinance providing for the division shall fix the number of members of council in each ward at not more than two. If the entire number of council is to be composed of an even number, one-half of the entire number must be elected at each municipal election. If the entire number of council is to be an odd number, the ordinance shall establish two classes and provide that one-half of the entire number of members of council, less one, shall, as soon as possible, take their office in a year divisible by four, and the remaining number of members of council shall take their office in an even-numbered year not divisible by four.

(2) The apportionment under paragraph (1) shall be equal or as nearly equal as possible representation by wards in each class. Biennially, at each municipal election, a sufficient number of members of council shall be elected, for the term of four years from the first Monday of January succeeding the election, to fill the places of those whose terms shall expire on the first Monday of January following the election.

08c813s

§ 813. Fixing number of members of council.

If, upon the division of a borough into wards or the creation of a new ward, the number of members of council cannot be equally divided among the wards of the borough, it shall be lawful for council to increase the number of council members to and not exceeding a number that will enable equal apportionment of the members among the several wards of the borough. If a borough is first divided into wards, the number of members of council provided for a ward may not exceed two.

08c814s

§ 814. Increase in number of ward council members.

Council may, upon petition of at least 5% of the registered electors of the borough, increase the number of members of council to any number not exceeding two for each ward. The sufficiency of the number of signers to the petition shall be ascertained as of the date when the petition is presented to council.

08c815s

§ 815. Decrease in number of ward council members.

(a) General rule.--If, in any borough divided into wards, the council consists of more than seven members, at least 5% of the registered electors of the borough shall have the power to petition council for a decrease in the number of members of council from each ward, except that the council may not consist of less than seven members. The purpose of the decrease may be to achieve any of the following results:

(1) A council which is less unwieldy in size.

(2) A council which is comparable in size to those in boroughs not divided into wards.

(3) A council consisting of an odd number of members instead of an even number.

(4) A reduction in borough expenditures.

(5) The expedition of the conduct of council meetings.

(b) Petitions.--A petition under subsection (a) shall clearly state whether the petitioners request that the number of members of the council to be elected in each ward shall be reduced from two to one, or from three to two or one, and the reasons why the reduction in number is desired. The petition may state whether it is necessary to add a council member or members to be elected at large in order to achieve or maintain a council consisting of at least seven members or to achieve or maintain a council consisting of an odd number of members. The sufficiency of the number of signers to the petition shall be ascertained as of the date the petition is presented to council.

(c) Notice.--The council shall give notice of the filing of the petition by advertisement in the legal newspaper of the county, if one is published in the county, and in one newspaper of general circulation, and of a day and time for a public meeting. After the public meeting, council may, by ordinance, decrease the number of council members elected from each ward from two to one, or from three to two or one, and may also provide for the election at large of a member or members of council.

(d) Terms.--Council shall, if necessary, establish a schedule for the subsequent at-large election of council members. The schedule may provide that the initial term of one or more of the council members subsequently elected at large shall be reduced to accommodate a schedule of staggered at-large elections to eventually ensure that, as nearly as possible, one-half of the members of council elected at large will be elected at each municipal election. The following shall apply:

(1) At each municipal election in the borough, if there are two members from each ward, the electors of each ward shall elect one council member to hold office for a term of four years from the first Monday of January succeeding the election.

(2) At each municipal election in the borough, if there is one member from each ward, the electors from each of the odd-numbered wards shall, at the first municipal election, elect one council member for a term of four years, and the electors from each of the even-numbered wards shall elect one council member for a term of two years. At each succeeding municipal election, the electors of the even-numbered wards or odd-numbered wards shall each elect one council member for a term of four years to take the place of those whose terms are about to expire. The council members shall take office on the first Monday of January following their election.

(e) Reduction.--In a borough where, under this section, the number of council members shall be reduced, the council members then in office shall remain in office until the end of their respective terms.

08c816s

§ 816. Election of members of council where wards abolished.

(a) Abolishing.--If council, by ordinance, abolishes all wards in a borough, the ordinance shall provide for the election of seven members of council at large for the borough in a manner as not to interfere with the terms of those ward members of council previously elected. If there were previously:

(1) Seven members of council, the ordinance shall provide that, at the first municipal election, the electors shall elect three or four members of council, as the case may be, the number to be elected shall be that which, when added to the number of members of council already in office whose terms are not about to expire, shall bring the membership of the council to seven. The newly elected members of council shall serve for terms of four years from the first Monday of January following the first municipal election, except that, in any case where the election of four members of council shall be required to bring the membership of council to its full complement of seven and only three members of council are elected at the municipal election in the other boroughs of the Commonwealth not divided into wards, three members of council shall be elected for four-year terms and one for a two-year term. At every succeeding municipal election, the electors shall elect three or four members of council, as the case may be, each to serve for a term of four years from the first Monday of January following the municipal election.

(2) Eight or more members of council, the ordinance shall provide that, at the first municipal election, the electors shall elect a sufficient number of members of council that, when added to the number of members of council already in office whose terms are not about to expire, will bring the membership of the council to seven. The following shall apply:

(i) The newly elected members of council shall serve for terms of four years from the first Monday of January following the first municipal election. At the second municipal election after the effective date of the ordinance, the electors shall elect a sufficient number of members of council, that, when added to the number of members of council elected at the previous municipal election, shall bring the membership of council to its full complement of seven. Some of the members of council elected at the second municipal election shall serve for a four-year term following the first Monday of January following the municipal election, and the remainder shall serve for a two-year term, in an amount to bring the number to be elected in the borough in succeeding municipal elections into conformity with the number elected in the other boroughs of the Commonwealth not divided into wards.

(ii) In the third and all subsequent municipal elections following the effective date of the ordinance, the electors shall elect three or four members of council, as the case may be, each to serve for a term of four years from the first Monday of January following the municipal election.

(iii) In any borough in which, under the ward system of electing members of council, there shall be seven or more members of council whose terms shall not expire on the first Monday of January following the first municipal election after the effective date of the ordinance, no members of council shall be elected at the first municipal election, and the members of council remaining in office shall constitute the council until the first Monday of January following the second municipal election following the effective date of the ordinance.

(iv) At the second municipal election, seven members of council shall be elected in the borough, some to serve for a four-year term of office from the first Monday of January following the second municipal election, and the remainder to serve for a two-year term, in an amount to bring the number of members of council to be elected in the borough in succeeding elections into conformity with the number elected in other boroughs of the Commonwealth not divided into wards.

(v) At the third and all subsequent municipal elections following the effective date of the ordinance, the electors shall elect three or four members of council, as the case may be, each to serve for a term of four years from the first Monday of January following the subsequent municipal election.

(3) Six or fewer members of council, the ordinance shall provide that, at the first municipal election, the electors shall elect a sufficient number of members of council that, when added to the number of members of council already in office whose terms are not about to expire, shall bring the membership of council to its full complement of seven. Of the newly elected members of council, either three or four, as necessary to bring the number of members of council to be elected in the borough in succeeding municipal elections into conformity with the number elected in other boroughs of the Commonwealth not divided into wards, shall be elected for four-year terms of office, beginning the first Monday of January following the first municipal election, and the balance shall be elected for two-year terms. At the second municipal election following the effective date of the ordinance and at all subsequent municipal elections, the electors shall elect three or four members of council, as the case may be, to serve for a term of four years from the first Monday of January following the subsequent municipal election.

(b) Vacancies.--At any time following the effective date of the ordinance, when a vacancy may occur in the office of a member of council originally elected or appointed from a particular ward, the individual appointed to fill the vacancy shall not be required to be a resident of the area formerly comprising the ward but shall be otherwise qualified for office as provided in section 801 (relating to eligibility).

08c817s

§ 817. Vacancies created after a primary election.

If a vacancy is created in the office of a member of council by any ordinance or decree of court as provided in this subchapter after a primary election, it may be filled by nomination made by the committee as is authorized by the rules of the party to make nominations in the event of vacancies on the party ticket.

08c818s

§ 818. Change in number of members of council.

(a) Petition by electors.--The court of common pleas shall, upon petition of at least 5% of the registered electors of any borough not divided into wards, certify the question of a proposal to reduce the total number of members of council for the borough to five or three or increase the total number of members of council for the borough to five or seven, as specified by the petition, to the board of election of the county for a referendum vote of the residents at the next general election held not sooner than the thirteenth Tuesday after the date of the petition. The sufficiency of the number of signers to the petition shall be ascertained as of the date when the petition is presented to court. Upon receipt of the certified election results, the court shall enter a final decree granting or denying the request of the petitioners. A petition under this section may not be considered more than once in five years.

(b) Notice.--(Deleted by amendment).

(c) Number to be elected by decree.--In its decree under subsection (a), the court shall establish a schedule for the subsequent election of council members at the next two municipal elections. The members of council then in office shall remain in office until the end of their respective terms. Thereafter, the schedule may provide that the initial term of one or more of the council members subsequently elected be reduced to accommodate a schedule of staggered at-large elections to eventually ensure that, as nearly as possible, one-half of the members of council elected will be elected at each municipal election. At all following municipal elections, the proper number of members of council shall be elected to correspond to the number of members of council whose terms are to expire the first Monday of the following January.

(d) (Reserved).

(e) Terms.--In any borough in which, under this section, the number of members of council shall be reduced or increased, the members of council then in office shall remain in office until the end of their respective terms.

08c818v

(June 5, 2020, P.L.211, No.28, eff. 60 days; Mar. 28, 2024, P.L.2, No.2, eff. 60 days)

Cross References. Section 818 is referred to in section 806 of this title.

08c821h

SUBCHAPTER C

MAYOR

(Reserved)

08c831h

SUBCHAPTER D

AUDITORS

(Reserved)

08c841h

SUBCHAPTER E

CONTROLLER

(Reserved)

08c851h

SUBCHAPTER F

ASSESSORS

(Reserved)

08c861h

SUBCHAPTER G

TAX COLLECTOR

(Reserved)

08c901h

CHAPTER 9

VACANCIES IN OFFICE

Sec.

901. Filling vacancies in elective borough offices.

902. Collection of taxes where vacancy in office of tax collector not filled.

903. Right of council to declare seat of member vacant for failure to qualify.

904. (Reserved).

904.1. Removal of elected official and appointee.

905. Temporary auditor.

Enactment. Chapter 9 was added April 18, 2014, P.L.432, No.37, effective in 60 days.

08c901s

§ 901. Filling vacancies in elective borough offices.

(a) Vacancies.--If any vacancy occurs in the office of the mayor, member of council, auditor, controller or tax collector, by death, resignation under subsection (a.1) or termination of residency from the borough, or from a ward in the case of a ward office, or by failure to take the required oath, to give bond as provided by law or ordinance or to provide the affidavit required under section 801 (relating to eligibility), or in any other manner whatsoever, the council shall fill the vacancy within 30 days by appointing, by resolution, a registered elector of the borough, or of the ward in the case of a ward office, to hold the office, if the term continues that long, until the first Monday in January after the first municipal election occurring more than 60 days after the vacancy occurs, at which election an eligible individual shall be elected to the office for the remainder of the term. Except as provided in section 801(c), no individual shall be appointed to fill a vacancy in an elected borough or ward office unless the individual has resided within the borough, or within the ward in the case of a ward office, continuously for at least one year immediately prior to the individual's appointment.

(a.1) Vacancy by resignation.--

(1) A vacancy shall not be created by a resignation until the date that the resignation is accepted by a majority vote of a quorum of council at a public meeting or the effective date of the tendered resignation, whichever is later. A council must accept a resignation no later than 45 days after it has been tendered in writing to council, unless it is withdrawn in writing prior to acceptance.

(2) A resignation which is not accepted as provided under paragraph (1) shall be deemed accepted after 45 days.

(b) Bond.--The individual appointed shall give bond if required by law or ordinance. If the individual elected to the office fails to give any bond required, to provide the affidavit required under section 801 or to take the required oath, the council, before making the appointment, shall declare the office vacant.

(c) Unfilled vacancies.--If the council of any borough refuses, fails, neglects or is unable, for any reason whatsoever, to fill any vacancy within 30 days after the vacancy happens, as provided in this section, the vacancy shall be filled within 15 additional days by the vacancy board. The vacancy board shall consist of the council, exclusive of the mayor, and one registered elector of the borough who shall be appointed by the council at the council's first meeting each calendar year or as soon as practical and who shall act as chair of the vacancy board. The vacancy board shall appoint a registered elector of the borough, or ward in the case of a ward office, to hold the office, if the term continues that long, until the first Monday in January after the first municipal election occurring more than 60 days after the vacancy occurs, at which election an eligible individual shall be elected to the office for the remainder of the term.

(d) Board petition.--If the vacancy is not filled by the vacancy board within 15 days, the chair shall, or, in the case of a vacancy in the chair, the remaining members of the vacancy board shall, petition the court of common pleas to fill the vacancy by the appointment of a registered elector of the borough, or ward in the case of a ward, to hold the office, if the term continues that long, until the first Monday in January after the first municipal election occurring more than 60 days after the vacancy occurs, at which election an eligible individual shall be elected to the office for the remainder of the term.

(e) Elector petition.--If vacancies exist in more than a majority of the offices of council, the court of common pleas shall fill the vacancies upon presentation of petition signed by not less than 15 registered electors of the borough.

08c901v

Special Provisions in Appendix. See section 4(3)(v) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.

Cross References. Section 901 is referred to in sections 903, 1005 of this title.

08c902s

§ 902. Collection of taxes where vacancy in office of tax collector not filled.

If a vacancy in the office of tax collector exists and no registered elector of the borough has, within 30 days, received the appointment to fill the vacancy, the county commissioners, the council and the board of school directors of the school district shall collect the tax for the county, the borough and the school district, respectively, through their respective treasurers, or for school districts, at the option of the district, through their secretaries, and for boroughs, at the option of the council, through their secretaries or borough managers. Nothing in this section shall prohibit a borough from providing for agreements or the joint collection of taxes in accordance with sections 4.2 and 4.4 of the act of May 25, 1945 (P.L.1050, No.394), known as the Local Tax Collection Law.

08c902v

Special Provisions in Appendix. See section 4(3)(vi) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.

08c903s

§ 903. Right of council to declare seat of member vacant for failure to qualify.

If an individual, elected or appointed as a member of council and notified of election or appointment refuses or neglects to qualify as a member of council within ten days following the beginning of the individual's term of office, unless prevented by sickness or necessary absence from the borough, the council, acting without the individual, may declare the individual's office as member of council vacant and may fill the vacancy as provided in section 901 (relating to filling vacancies in elective borough offices). For these actions, a majority of the remaining members of the council shall constitute a quorum.

08c903v

Cross References. Section 903 is referred to in section 1003 of this title.

08c904s

§ 904. (Reserved).

08c904.1s

§ 904.1. Removal of elected official and appointee.

(a) Rule.--A borough officer who is elected or appointed to fill a vacancy in elective office may be removed from office as follows:

(1) By impeachment.

(2) By the Governor for reasonable cause after notice and full hearing on the advice of two-thirds of the Senate.

(3) On conviction of misbehavior in office or of an infamous crime.

(b) Title.--The title to office of a borough officer under subsection (a) may be tried by quo warranto.

08c904.1v

Special Provisions in Appendix. See section 4(3)(vii) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.

08c905s

§ 905. Temporary auditor.

If for any reason two or three vacancies exist in the office of borough auditors, the council may temporarily appoint and reasonably compensate a qualified individual, who need not be an elector of the borough, who shall have all the powers and duties of the two or three auditors whose offices are vacated.

08c1001h

CHAPTER 10

POWERS AND DUTIES

OF ELECTED OFFICIALS

Subchapter

A. Council

B. Mayor (Reserved)

C. Auditors

D. Controller

E. (Reserved)

F. Tax Collector

Enactment. Chapter 10 was added April 18, 2014, P.L.432, No.37, effective in 60 days.

SUBCHAPTER A

COUNCIL

Sec.

1001. Organization of council, quorum, participation by telecommunication device, voting, compensation and eligibility.

1002. Oath of members of council.

1003. When the mayor may preside over council and vote, attendance of mayor at council meetings and breaking tie votes.

1004. Failure of council to organize.

1005. Powers of council.

1006. Duties of council.

1007. (Reserved).

1008. (Reserved).

1009. Typewritten, printed, photocopied, microfilmed and electronically or digitally stored records valid and recording or transcribing records.

1010. (Reserved).

1011. (Reserved).

1012. (Reserved).

1013. (Reserved).

1014. Hearings before council; witnesses.

1015. Witness fees and mileage.

1016. Examination of witnesses; penalty.

08c1001s

§ 1001. Organization of council, quorum, participation by telecommunication device, voting, compensation and eligibility.

(a) Organization.--The council shall organize on the first Monday of January of each even-numbered year by electing one member as president and one member as vice president, who shall hold the offices at the pleasure of the council. If the first Monday is a legal holiday, the meeting and organization shall take place the following day. Any action taken by any council at any time between 12:01 a.m. on January 1 of an even-numbered year and the organization of council in that year shall be subject to reconsideration by the new council at any time within ten days after organization. The council may, at the organizational meeting, appoint other officers as may be provided for by law or ordinance, or as may be deemed necessary for the conduct of affairs of the borough, and may transact any other business as may come before the meeting. The president, and, during the president's absence or incapacity, the vice president, shall preside over the meetings of council and perform other duties as are prescribed by this part or by ordinance.

(b) Quorum.--A majority of the membership of council then in office shall constitute a quorum. Except as provided in subsection (c), only council members physically present at a meeting place within the borough shall be counted in establishing a quorum.

(c) Telecommunication.--Council may provide for the participation of council members in council meetings by means of telecommunication devices, such as telephones or computer terminals, which permit, at a minimum, audio communication between locations, if the following apply:

(1) A majority of the membership of council then in office is physically present at the advertised meeting place within the borough and a quorum is established at the convening or reconvening of the meeting. If, after the convening or reconvening of a meeting, a member has been disqualified from voting as a matter of law, but is still physically present, council members participating by telecommunication device in accordance with this section shall be counted to maintain a quorum.

(2) The telecommunication device used permits the member or members of council not physically present at the meeting to:

(i) speak to and hear the comments and votes, if any, of the members of council who are physically present, as well as other members of council who may not be physically present and are also using a telecommunication device to participate in the meeting; and

(ii) speak to and hear the comments of the public who are physically present at the meeting.

(3) The telecommunication device used permits the members of council and the members of the public who are physically present at the meeting to speak to and hear the comments and the vote, if any, of the member or members of council who are not physically present at the meeting.

(4) Physical absence of a council member. Council may only authorize participation by telecommunication device for one or more of the following reasons:

(i) illness or disability of the member of council;

(ii) care for the ill or newborn in the member's immediate family;

(iii) emergency; and

(iv) family or business travel.

(5) Nothing in this subsection shall be construed to limit the protections and prohibitions contained in any law or regulation relating to the rights of the disabled.

(d) Voting.--A member of the council shall not be disqualified from voting on any issue before the council solely because the member has previously expressed an opinion on the issue in either an official or unofficial capacity.

(e) Compensation.--Members of council may receive compensation to be fixed by ordinance as follows:

(1) In boroughs with a population of less than 5,000, a maximum of $1,875 per year.

(2) In boroughs with a population of 5,000 or more but less than 10,000, a maximum of $2,500 per year.

(3) In boroughs with a population of 10,000 or more but less than 15,000, a maximum of $3,250 per year.

(4) In boroughs with a population of 15,000 or more but less than 25,000, a maximum of $4,125 per year.

(5) In boroughs with a population of 25,000 or more but less than 35,000, a maximum of $4,375 per year.

(6) In boroughs with a population of 35,000 or more, a maximum of $5,000 per year.

The salaries shall be payable monthly or quarterly for the duties imposed by this part. Benefits provided to members of council under section 1202(26) (relating to specific powers) shall not be considered pay, salary or compensation, but payment for all or a part of the premiums or charges for the benefits shall be in accordance with section 1202(26). Any change in salary, compensation or emoluments of the elected office shall become effective at the beginning of the next term of the member of council.

(f) Eligibility for compensation.--The population shall be determined by the latest available official census figures. In no case shall the compensation for any member of council exceed that of the mayor in any given borough, but, if the mayor's compensation exceeds that authorized by this section for members of council, the president of council may receive compensation not to exceed that of the office of mayor.

08c1001v

Cross References. Section 1001 is referred to in sections 1003, 1006 of this title.

08c1002s

§ 1002. Oath of members of council.

Before entering upon the duties of their offices, the members of council shall take and subscribe an oath or affirmation of office under 53 Pa.C.S. § 1141 (relating to form of oaths of office). The oath or affirmation may be taken before any judge or magisterial district judge of the county, a notary public or the mayor of the borough when the individual has qualified, and the oath or affirmation shall be filed with the borough secretary and preserved among the records of the borough for a period of six years.

08c1003s

§ 1003. When the mayor may preside over council and vote, attendance of mayor at council meetings and breaking tie votes.

(a) Presiding over meetings.--The mayor shall preside over the organization of the council until it is organized as provided in section 1001 (relating to organization of council, quorum, participation by telecommunication device, voting, compensation and eligibility) and shall be deemed a member of council at the organizational meeting if the mayor's membership becomes necessary to constitute a quorum.

(b) Voting at meetings.--The mayor shall not vote at the meeting unless the mayor's vote shall, for any reason, be required to effect the organization of council or to elect any officer who is required to be or may be elected at the organizational meeting. If the mayor is absent from the organizational meeting, one of the members of council physically present at the meeting and chosen by the members eligible to vote at the meeting shall preside.

(c) Attendance.--The mayor may attend any or all regular and special meetings of council and take part in the discussions of the council on matters pertaining to borough affairs, subject to any restrictions applicable to members of council contained in the rules of order or bylaws of the council.

(d) Tie votes.--

(1) If, by reason of a tie or split vote, the council shall be unable to:

(i) enact or pass any ordinance, resolution or motion;

(ii) declare any vacancy pursuant to section 903 (relating to right of council to declare seat of member vacant for failure to qualify);

(iii) fill any other vacancy in its membership or in any other borough office; or

(iv) take any action on any matter lawfully brought before it;

the mayor, if in attendance at the meeting, may, at the mayor's option, cast the deciding vote or shall direct that the matter be tabled until a special meeting of council.

(2) The special meeting of council shall be held within not less than five days or more than ten days at which time the matter shall be reconsidered by council.

(3) If a tie or split vote still exists, it shall be the duty of the mayor at that time to cast the deciding vote.

(4) If a tie or split vote occurs at any meeting when the mayor is not in attendance, the matter shall be tabled to a special meeting to be held within not less than five days or more than ten days as set by the president of council, and the mayor shall be given at least five days' notice of the meeting, at which meeting it shall be the duty of the mayor to cast the tie-breaking vote.

08c1003v

Cross References. Section 1003 is referred to in section 10A01 of this title.

08c1004s

§ 1004. Failure of council to organize.

If the council of any borough fails to organize within ten days from the time prescribed in this chapter, the court of common pleas, upon the petition of at least ten registered electors of the borough verified by the affidavit of one of the petitioners, shall issue a rule upon the delinquent members of council to show cause why their seats should not be declared vacant. The rule shall be returnable not less than five days from the time of its issue, and, after hearing, the court may declare the seats of the members of council responsible for the failure to organize vacant and shall appoint others in their place, who shall hold office for the respective unexpired terms.

08c1005s

§ 1005. Powers of council.

The council shall have power:

(1) To, by motion, ordinance or resolution, create the offices of and appoint a treasurer, a secretary, a solicitor, an engineer, a street commissioner and other officers as it deems necessary. The treasurer and the secretary shall not be members of council. A bank or bank and trust company may be appointed as treasurer. All officers and employees appointed by the council, with the exception of those who under this part or any other act are under civil service or have a definite term of office, shall serve for an indefinite term at the pleasure of the council.

(2) To mitigate or remit fines and forfeitures in reasonable cases.

(3) By resolution, to make temporary loans on the credit of the borough in anticipation of taxes to be collected and issue certificates of indebtedness. The loans shall be repaid from the first money available from taxes in anticipation of which the loans were made.

(4) With respect to depositories and securities, to:

(i) Appoint and revoke the appointment of one or more depositories for borough funds and to fix and approve security to be furnished by the depository. The security may be bonds with corporate or individual securities to be approved by council, or collateral security consisting of obligations of the United States or the Commonwealth or any political subdivision, deposited with the borough or with any bank or trust company within this Commonwealth and of a market value of 120% of the amount of the deposit to be secured. Any deposit of collateral shall be under proper agreement and be accompanied by proper assignment or power of attorney for the transfer of the collateral. The borough treasurer shall deposit all borough funds in a depository designated under this subparagraph. If borough funds are deposited under this subparagraph, the borough treasurer shall be released and discharged from further liability on account of the deposit.

(ii) Subparagraph (i) shall not be construed to require a depository to furnish bond or collateral security to cover the amount of any deposit to the extent that the deposit is insured with the Federal Deposit Insurance Corporation.

(5) To secure indemnity bonds or policies of insurance as it may deem necessary to protect the borough from loss by reason of fire, flood, windstorm, burglary, larceny, negligence or dishonesty or insolvency of a depository, or otherwise, and to pay for the protection the usual or customary costs.

(6) With respect to investments, to:

(i) make investment of borough sinking funds as authorized by 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing);

(ii) make investment of money in the general fund and in special funds of the borough other than the sinking funds as authorized by Chapter 13 (relating to taxation and finance); and

(iii) liquidate any investment, in whole or in part, by disposing of securities or withdrawing funds on deposit. Any action taken to make or to liquidate any investment shall be made by the officers designated by action of the council.

(7) To provide, by ordinance passed by a two-thirds vote of the entire number of members of council elected, for the appointment of an independent auditor who shall be a certified public accountant registered in this Commonwealth, a firm of certified public accountants registered in this Commonwealth or a competent public accountant or a competent firm of public accountants.

(i) When an ordinance has been adopted, an independent auditor shall be appointed annually, by resolution before the close of the fiscal year, to make an independent examination of the accounting records of the borough for the fiscal year, and the independent auditor shall also perform the other duties and exercise the powers as conferred upon the independent auditor under Subchapter C (relating to auditors).

(ii) When an independent auditor is appointed as provided in this paragraph, the office of elected borough auditor or controller is abolished, but the borough auditor or controller then in office shall continue to hold office during the term for which elected, and the borough auditor or controller shall not audit, settle or adjust the accounts audited by the independent auditor but shall perform the other duties of office.

(iii) If any borough has provided by ordinance for the audit of its accounts by an appointed auditor, the borough shall have the right at any time to repeal the ordinance, and the office of appointed auditor shall be abolished as of the date set in the ordinance. The borough shall have the further right at the next municipal election following the repeal of the ordinance to elect three auditors, one for a term of two years, one for a term of four years and one for a term of six years, from the first Monday of January following the election, which auditors shall succeed the appointed auditor and shall have and possess all the powers and perform all the duties provided in this part for elected auditors. If, at any time after the effective date of any ordinance abolishing the office of appointed auditor, there shall be a vacancy in the office of elected auditor, council shall fill the vacancies in the manner prescribed in section 901 (relating to filling vacancies in elective borough offices).

(8) To make, authorize and ratify expenditures for lawful purposes from funds available or from funds borrowed within legal limits.

(9) To pay authorized expenses incurred by elected and appointed borough officers in connection with their duties or other borough business.

08c1005v

Cross References. Section 1005 is referred to in sections 806, 1059.11, 24A04 of this title.

08c1006s

§ 1006. Duties of council.

It shall be the duty of council:

(1) To organize, under section 1001 (relating to organization of council, quorum, participation by telecommunication device, voting, compensation and eligibility), in even-numbered years.

(2) To meet at a stated time at least once a month. Council may adjourn to a stated time for general business or for special businesses. If no quorum is present at a regular, special or reconvened meeting, a majority of those who do meet may agree upon another date for like business in a manner consistent with 65 Pa.C.S. Ch. 7 (relating to open meetings). Special meetings may be called by the president of council or upon written request of at least one-third of the members of council. Members shall have at least 24 hours' notice of the special meetings. The notice shall state whether it is for general or special purposes, and, if it is for special purposes, the notice shall contain a general statement of the nature of the business to be transacted. Presence at a meeting constitutes waiver of notice. Council may adopt rules relating to the calling and holding of special meetings, which rules shall supersede the provisions of this section, provided that the rules comply with the provisions of 65 Pa.C.S. Ch. 7.

(3) To make and preserve records of its proceedings.

(4) To enact, revise, repeal and amend ordinances and resolutions under Chapter 33 (relating to ordinances), and bylaws, rules and regulations, not inconsistent with the laws of this Commonwealth, as it deems beneficial to the borough and to provide for the enforcement of the same. Unless otherwise provided, all powers shall be exercised by vote of the majority of council eligible to vote at a meeting. Routine, ministerial or administrative purchases and powers may be made and exercised by officers or committees if authority for the action was previously given or if the action is subsequently ratified by council. If any action by the council results in a specific written contract or agreement, the contract or agreement shall be signed by the president of the council.

(5) To cause notices to be served, as required by law or ordinance, in a manner council may by motion or other action decide.

(6) To fix the compensation of all of the borough officers, appointees and employees.

(7) To fix the amount of security to be given by the treasurer and by other officers, appointees and employees as it may designate.

08c1006v

Cross References. Section 1006 is referred to in section 10A07 of this title.

08c1007s

§ 1007. (Reserved).

08c1008s

§ 1008. (Reserved).

08c1009s

§ 1009. Typewritten, printed, photocopied, microfilmed and electronically or digitally stored records valid and recording or transcribing records.

(a) Validity.--All borough records required to be recorded or transcribed shall be deemed valid if typewritten, printed, photocopied, microfilmed or electronically or digitally stored or retained by any other process that accurately reproduces the original and forms a durable medium for recording, storing and reproducing in accordance with the act of May 9, 1949 (P.L.908, No.250), entitled "An act relating to public records of political subdivisions other than cities and counties of the first class; authorizing the recording and copying of documents, plats, papers and instruments of writing by digital, photostatic, photographic, microfilm or other process, and the admissibility and enlargements in evidence; providing for the storage of duplicates and sale of microfilm and digital copies of official records and for the destruction of other records deemed valueless; and providing for the services of the Pennsylvania Historical and Museum Commission to political subdivisions."

(b) Requirements.--If recording or transcribing in a specified book of record is required, including minutes of the proceedings of the council, the records shall be recorded or transcribed as follows:

(1) in a mechanical post binder book capable of being permanently sealed with consecutively numbered pages with a security code printed on it and a permanent locking device with the borough seal being impressed upon each page; or

(2) in a bound book with pages being consecutively numbered by transcribing directly upon the pages of the book of record or by permanently attaching the records or copies to the book of record with the borough seal being impressed upon each page to which the record is attached, with each impression covering both a portion of the attached record and a portion of the page of the book of record to which the record is attached.

(c) Previously recorded documents.--All records previously recorded or transcribed in any manner authorized by this part at the time the records were recorded or transcribed are validated.

08c1009v

Cross References. Section 1009 is referred to in section 1111 of this title.

08c1010s

§ 1010. (Reserved).

08c1011s

§ 1011. (Reserved).

08c1012s

§ 1012. (Reserved).

08c1013s

§ 1013. (Reserved).

08c1014s

§ 1014. Hearings before council; witnesses.

Councils may compel the attendance of witnesses and the production of books, papers or other evidence at any meeting of the council or any committee of the council and for that purpose may issue subpoenas, signed by the president of council or the chair of the committee, which shall be served in any part of this Commonwealth. If a witness refuses to testify to any fact within the witness's knowledge or to produce any books or papers in the witness's possession or control required to be used as evidence in any case, the borough solicitor shall report the facts relating to the refusal to the court of common pleas. If the court determines the evidence required of the witness to be legal and competent, it shall order the witness to testify or produce the evidence required.

08c1014v

Cross References. Section 1014 is referred to in section 1015 of this title.

08c1015s

§ 1015. Witness fees and mileage.

No individual residing outside the borough and subpoenaed under section 1014 (relating to hearings before council; witnesses) shall be required to respond to the subpoena until mileage to and from the borough at the rate established by the council under the act of July 20, 1979 (P.L.156, No.51), referred to as the Uniform Mileage Fee Law, and witness fees as required by law relating to witnesses have been paid.

08c1016s

§ 1016. Examination of witnesses; penalty.

An individual called as a witness, as provided in this chapter, may be examined under oath, administered by the president of council or chair of the committee and, for the giving of false testimony, shall be liable for prosecution under applicable laws for perjury.

08c1031h

SUBCHAPTER B

MAYOR

(Reserved)

08c1041h

SUBCHAPTER C

AUDITORS

Sec.

1041. Auditors to meet yearly and audit accounts.

1042. (Reserved).

1043. (Reserved).

1044. (Reserved).

1045. (Reserved).

1046. (Reserved).

1047. (Reserved).

1048. (Reserved).

1049. (Reserved).

1050. (Reserved).

1051. (Reserved).

1052. (Reserved).

1053. Compensation of auditors.

1054. (Reserved).

1055. Subpoenas, oath and perjury.

1056. (Reserved).

1057. (Reserved).

1058. Pay of witnesses.

1059. Auditors to settle accounts where witnesses do not appear.

1059.1. Completion, filing and publication of auditor's report and financial statement.

1059.2. Attorney to auditors.

1059.3. Surcharge by auditors.

1059.4. Appeals from audit.

1059.5. Taxpayers appealing to enter bond.

1059.6. Procedure on appeals.

1059.7. Findings of fact and law, judgment and appeals.

1059.8. Attorney fees.

1059.9. Balances due to be entered as judgments.

1059.10. Penalty for failure to comply with law.

1059.11. General powers and duties of independent auditor.

Cross References. Subchapter C is referred to in section 1005 of this title.

08c1041s

§ 1041. Auditors to meet yearly and audit accounts.

(a) First meeting.--The auditors of the borough shall meet on the first Tuesday of January of each year and shall organize by the election of a chair and a secretary. If the first Tuesday is a legal holiday, the meeting and organization shall take place the following day. Two auditors shall constitute a quorum.

(b) Audits.--The auditors:

(1) Shall audit, adjust and settle the accounts of the tax collectors, the magisterial district judge and all officers of the borough.

(2) May audit, adjust and settle the accounts of any person, corporation, association, organization, committee or commission receiving or expending borough funds.

(3) Audit and report to the council, upon the accounts of every officer of the borough, upon the death, resignation, removal or expiration of the term of the officer.

Unless otherwise agreed to by the auditors and the person being audited, the audit shall be conducted at the place the records of the person are normally kept.

(b.1) Cancellation.--All orders, vouchers and certificates of indebtedness which have been paid shall, on their presentation to the auditors, be canceled by writing or stamping the word "audited" on the face of the documents.

(d) (Reserved).

(e) (Reserved).

(f) (Reserved).

(g) (Reserved).

08c1042s

§ 1042. (Reserved).

08c1043s

§ 1043. (Reserved).

08c1044s

§ 1044. (Reserved).

08c1045s

§ 1045. (Reserved).

08c1046s

§ 1046. (Reserved).

08c1047s

§ 1047. (Reserved).

08c1048s

§ 1048. (Reserved).

08c1049s

§ 1049. (Reserved).

08c1050s

§ 1050. (Reserved).

08c1051s

§ 1051. (Reserved).

08c1052s

§ 1052. (Reserved).

08c1053s

§ 1053. Compensation of auditors.

(a) General compensation.--Subject to the limitations set forth in subsection (b), each auditor shall receive $10 per hour for each hour or portion of an hour necessarily employed in the discharge of the auditor's duties, to be paid by the borough.

(b) Limits.--No auditor in a borough having a population of 10,000 or less shall be entitled to receive more than $1,000 for completing the annual audit, settlement and adjustment. No auditor in a borough having a population in excess of 10,000 shall be entitled to receive more than $2,000 for completing the annual audit, settlement and adjustment.

(c) Reimbursements.--Each auditor shall be reimbursed for travel costs incurred in the performance of the auditing duties at the rate established by the council under the act of July 20, 1979 (P.L.156, No.51), referred to as the Uniform Mileage Fee Law, and for other actual expenses, including postage, notary fees or publication costs, necessarily incurred during the audit.

08c1054s

§ 1054. (Reserved).

08c1055s

§ 1055. Subpoenas, oath and perjury.

(a) Subpoenas.--A majority of the auditors of any borough shall have the power to issue subpoenas to obtain the attendance of the persons whose accounts they are required to adjust, their executors and administrators, and of any persons whom it may be necessary to examine as witnesses and to compel their attendance, and may also compel the production of all documents, including books, vouchers and papers relative to borough accounts. If any person refuses or neglects to appear, to produce documents or to testify, the auditors shall petition the court of common pleas of the county to issue a subpoena to the person and to require the person to produce documents or to appear and to testify before the court. The court shall issue the subpoena if it deems the documents or testimony relevant to the issue.

(b) Oaths.--The auditors of any borough shall have power to administer oaths and affirmations to all persons brought or appearing before them, whether accountants, witnesses or otherwise. Persons guilty of swearing or affirming falsely on the examination commits perjury.

08c1055v

Cross References. Section 1055 is referred to in section 1059.11 of this title.

08c1056s

§ 1056. (Reserved).

08c1057s

§ 1057. (Reserved).

08c1058s

§ 1058. Pay of witnesses.

Witnesses, other than officers of the borough, appearing before the auditors and individuals or officers serving subpoenas shall be paid, out of the borough treasury upon authorization signed by a majority of the auditors and orders drawn on the borough treasury, the same fees as are payable for rendering similar services in civil proceedings before a magisterial district judge. The amount paid shall be made a part of the charge against any officer who shall be charged by the auditors with any balance, if the costs have been incurred in establishing the balance. The costs collected from any officer shall be repaid into the borough treasury.

08c1058v

Cross References. Section 1058 is referred to in section 1059.11 of this title.

08c1059s

§ 1059. Auditors to settle accounts where witnesses do not appear.

If any person in possession of documents relative to public accounts before auditors refuses to produce the same or if any officer whose accounts are to be settled and adjusted by the auditors refuses to appear or submit to examination as directed by this subchapter, the auditors or a majority of them may proceed, by the examination of witnesses and other evidence, to ascertain and settle, as near as may be, the amount of public money received by the officer and its application to public purposes or otherwise.

08c1059v

Cross References. Section 1059 is referred to in section 1059.11 of this title.

08c1059.1s

§ 1059.1. Completion, filing and publication of auditor's report and financial statement.

(a) Report.--The auditors shall complete the annual audit, adjustment and settlement as soon as possible after the end of the fiscal year. The auditors shall, within ten days after completing the annual audit, publish once, in at least one newspaper of general circulation, concise financial information prepared or approved by the auditors and consistent with the audited financial statements for total assets, total liabilities and total net position at the end of the fiscal year and total revenue, total expenses and changes in total net position for that fiscal year and a reference to a place within the borough where copies of the financial statements and accompanying audit report may be examined. If the full financial statements and accompanying audit report are not published, copies shall be supplied to the publishing newspaper when the request for publication is submitted.

(1) (Deleted by amendment).

(2) (Deleted by amendment).

(3) (Deleted by amendment).

(4) (Deleted by amendment).

(5) (Deleted by amendment).

(6) (Deleted by amendment).

(7) (Deleted by amendment).

(8) (Deleted by amendment).

(b) Details.--The auditors shall prepare a report which shall contain an audit of the accounts of the last fiscal year and shall also show a complete statement of the financial condition of the borough, giving in detail all of the following:

(1) The actual indebtedness.

(2) The amount of funded debt.

(3) The amount of floating debt.

(4) The valuation of taxable property in the borough.

(5) The assets of the borough with their character and value.

(6) The date of maturity of the respective forms of funded debt of the borough.

(b.1) Filing of report and penalties.--The report shall be prepared no later than 90 days after the close of the fiscal year. It shall be the duty of the secretary of the auditors to file a copy of the report with the secretary of the borough, with the clerk of the court of common pleas of the county or the prothonotary under local rules of court, with the Department of Transportation and with the Department of Community and Economic Development no later than 90 days after the close of the fiscal year. Any secretary of the auditors refusing or willfully neglecting to file the report commits a summary offense. If the failure to file the report within the period specified is due to the failure of any or all of the auditors to prepare the statement upon which the report is to be based, the auditor commits a summary offense.

(c) Service of report.--The secretary of the auditors shall serve, by registered or certified mail, notice to every elected or appointed official against whom a balance or shortage appears in the report required under subsection (b). The notice shall be served prior to the filing of the report and shall indicate the amount of the balance or shortage and a brief description of how the balance or shortage was derived. The notice shall indicate that the balance or shortage is deemed a surcharge under section 1059.3 (relating to surcharge by auditors) and shall apprise the officer served of the right to appeal under section 1059.4 (relating to appeals from audit). Service of notice is complete when the notice is properly addressed, postage prepaid and mailed. Failure to receive the notice required by this subsection shall not constitute grounds for relief from any judgment entered under this chapter.

(d) Presentation.--The annual auditors report and the annual financial statement shall be presented on a uniform form prepared by a committee as provided in Chapter 13 (relating to taxation and finance).

08c1059.1v

(Oct. 24, 2018, P.L.876, No.135, eff. 60 days)

2018 Amendment. Act 135 amended subsecs. (a) and (b.1).

08c1059.2s

§ 1059.2. Attorney to auditors.

The borough auditors may employ an attorney if deemed advisable by a majority of the auditors. The auditors, with the agreement of council, shall determine the compensation to be paid to the attorney. If the auditors and council cannot agree on the compensation, upon petition of the auditors, the court of common pleas shall establish the compensation for the attorney employed by the auditors. The compensation for the attorney shall be paid out of the borough general fund.

08c1059.3s

§ 1059.3. Surcharge by auditors.

(a) Surcharges.--

(1) The amount of any balance or shortage or of any expenditure of a kind or made in a manner prohibited or not authorized by statute which causes a financial loss to the borough shall be a surcharge against any officer against whom the balance or shortage shall appear, or who by vote, act or neglect has permitted or approved the expenditure.

(2) The following shall apply:

(i) No elected or appointed official of a borough may be surcharged for any act, error or omission in excess of the actual financial loss sustained by the borough.

(ii) A surcharge shall take into consideration as its basis the results of the act, error or omission and the results had the procedure been strictly in accordance with law.

(iii) Subparagraph (i) shall not apply to cases involving fraud or collusion on the part of officers nor to any penalty enuring to the benefit of or payable to the Commonwealth. Notwithstanding this section, the procedures in the act of May 25, 1945 (P.L.1050, No.394), known as the Local Tax Collection Law, shall apply to balances and shortages in the tax accounts of the tax collector.

(b) Illegal acts.--In any matter involving a financial transaction, any official knowingly and willfully acting contrary to law commits a misdemeanor and, upon conviction, may be sentenced to pay a fine not exceeding $100.

08c1059.3v

Cross References. Section 1059.3 is referred to in sections 1059.1, 1059.11 of this title.

08c1059.4s

§ 1059.4. Appeals from audit.

It shall be lawful for the borough, or any taxpayer of the borough on its behalf, or any person whose account is settled or audited, to appeal from the settlement or audit, as shown in the auditors report, to the court of common pleas of the county no later than 40 days from the date of the filing of the auditor's report with the clerk of common pleas.

08c1059.4v

Cross References. Section 1059.4 is referred to in sections 1059.1, 1059.8 of this title.

08c1059.5s

§ 1059.5. Taxpayers appealing to enter bond.

No appeal by a taxpayer or officer may be allowed unless, within the time of taking the appeal, the appellant secures a bond in the sum of $1,000 with sufficient surety to prosecute the appeal and to pay all costs of appeal, in case, if the appellant is a taxpayer, the appellant fails to obtain a final decision more favorable to the borough than that awarded by the auditors or, in case, if the appellant is an accounting officer, the appellant fails to obtain a final decision more favorable to the officer than that awarded by the auditors. Unless the bond is filed as provided in this section, the court of common pleas, upon application, shall set aside the appeal.

08c1059.6s

§ 1059.6. Procedure on appeals.

(a) Evidence and burden.--In any proceeding upon an appeal from a report of the auditors, the accounts of the office or officers or the person, corporation, association, organization, committee or commission in question may be investigated de novo, and the burden shall be upon each officer, person, corporation, association, organization, committee or commission whose accounts are involved in the appeal of establishing the person's right to credits claimed by the person, but the opposing party in the appeal may use any facts, figures or findings of the report of the auditors as prima facie evidence against any officer or other entity.

(b) Multiple appeals.--If more than one appeal from a report of the auditors has been taken, the court shall, on its own motion or upon motion of any interested party, direct the several appeals to be disposed of in a single proceeding.

08c1059.7s

§ 1059.7. Findings of fact and law, judgment and appeals.

After the hearing, the court shall file its findings of fact and law and enter judgment accordingly, and the judgment so entered may be enforced by the prevailing party by any appropriate proceeding. Appeals from the court's ruling may be taken in accordance with law.

08c1059.8s

§ 1059.8. Attorney fees.

(a) Fees awarded.--Upon final determination of an appeal taken under section 1059.4 (relating to appeals from audit) from any report, audit or settlement of the account of any borough officer, attorney fees shall be awarded as follows:

(1) If, in the opinion of the court, the final determination is more favorable to the borough officer involved than that awarded by the auditors, the borough shall pay reasonable attorney fees or, under paragraph (3), a portion of reasonable attorney fees incurred by the officer in connection with the surcharge proceeding.

(2) If, in the opinion of the court, the final determination is more favorable to the borough than that awarded by the auditors in the case of an appeal taken by the borough or a taxpayer, the borough officer who is the subject of the surcharge proceeding shall pay reasonable attorney fees or, under paragraph (3), a portion of reasonable attorney fees incurred by the borough, elector or taxpayer in connection with the surcharge proceeding.

(3) If, in the opinion of the court, the final determination is in part more favorable to the borough and in part more favorable to the borough officer involved in the surcharge proceeding than that awarded by the auditors, the court may order:

(i) the borough to pay a portion of reasonable attorney fees incurred by the officer in connection with the surcharge proceeding; or

(ii) the borough officer who is the subject of the surcharge proceeding to pay a portion of reasonable attorney fees incurred by the borough or taxpayer in connection with the surcharge proceeding.

(b) Other accounts.--The attorney fees in case of appeals involving accounts other than those of borough officers shall be allocated in the court's discretion.

08c1059.8v

Cross References. Section 1059.8 is referred to in section 1059.11 of this title.

08c1059.9s

§ 1059.9. Balances due to be entered as judgments.

A balance in a report of the auditors against an officer of the borough shall constitute a surcharge against the officer as fully as if expressly stated in the report to be a surcharge. The amount of a balance and of any express surcharge shall, if no appeal is taken or after an appeal has been finally determined in favor of the borough, be entered by the prothonotary as a judgment against the officer. The clerk of the court of common pleas shall certify the amount of every balance or surcharge contained in a report from which no appeal has been taken within the time provided under this chapter to the court of common pleas for entry by the prothonotary as a judgment. Any taxpayer of the borough may enforce the collection of the balance or surcharge for the benefit of the borough, by action or execution, upon filing in the court of common pleas a bond, in the sum of $1,000 with one or more sureties, conditioned to indemnify the borough from all costs of the proceedings undertaken by the taxpayer, subject to all rights of appeal from the report of auditors granted by this part. If a person has been or shall be surcharged for an illegal purchase and no fraud or collusion is shown and the surcharge is paid to the borough, the article purchased shall become the property of the person surcharged.

08c1059.10s

§ 1059.10. Penalty for failure to comply with law.

(a) Neglect.--An auditor neglecting or refusing to comply with this chapter commits a summary offense.

(b) Financial interest.--An auditor who is financially interested, directly or indirectly, in a borough transaction commits a summary offense.

08c1059.11s

§ 1059.11. General powers and duties of independent auditor.

(a) Powers and duties.--If an independent auditor is appointed under section 1005(7) (relating to powers of council), the independent auditor shall have the same powers and duties and be subject to the same penalties as the auditors under this chapter. The independent auditor shall annually examine, audit and settle all accounts in which the borough is concerned. The audit shall consist of an examination in accordance with generally accepted auditing standards and shall include tests of the accounting records and other auditing procedures as the independent auditor considers necessary in the circumstances. The independent auditor shall make and publish the annual financial report in the same form and manner and at the same time as required in this part of the auditors of the borough.

(b) Reporting.--The independent auditor shall audit the accounting records of the borough for the fiscal year and shall prepare a report on the examination which shall be subject to appeal in the same manner as reports of the auditors under this chapter. The report shall set forth:

(1) The scope of the examination.

(2) The independent auditor's opinion of the fairness of the presentation of the financial statement of the borough, which shall show a complete statement of the financial condition of the borough, giving in detail the actual indebtedness, the amount of funded debt, the amount of floating debt, the valuation of the taxable property in the borough, the assets of the borough with their character and value and the date of the maturity of the respective forms of funded debt of the borough.

(3) The amount of any balance or shortage or any expenditure of any kind or made in a manner prohibited or not authorized by a statute which came to the independent auditor's attention during the course of the examination and which, in the independent auditor's opinion, causes a financial loss to the borough as provided in section 1059.3 (relating to surcharge by auditors) shall be a surcharge against an officer against whom the balance or shortage shall appear, subject to appeal, entry as judgment, certification and enforcement as provided in this chapter.

(c) Hiring attorney.--The independent auditor may employ an attorney subject to the provisions of section 1059.8 (relating to attorney fees), except that the employment shall be with the consent of council.

(d) Other applicable laws.--Sections 1055 (relating to subpoenas, oath and perjury), 1058 (relating to pay of witnesses) and 1059 (relating to auditors to settle accounts where witnesses do not appear) shall apply to proceedings initiated by independent auditors.

(e) Compensation.--The compensation of the independent auditor shall be determined by council and paid by borough funds.

08c1061h

SUBCHAPTER D

CONTROLLER

Sec.

1061. Oath and bond of controller.

1062. Salary of controller.

1063. General powers and duties of controller.

1064. (Reserved).

1065. Countersigned warrants.

1066. Prevention of appropriation overdrafts.

1067. Amount of contracts to be charged against appropriations.

1068. Controller's recommendations on borough finances.

1069. Books to be kept by controller.

1070. Appeals from controller's report.

1071. Acceptance by ordinance.

08c1061s

§ 1061. Oath and bond of controller.

The borough controller shall, before entering upon the duties of office, take the required oath or affirmation of office under 53 Pa.C.S. § 1141 (relating to form of oaths of office). The controller shall give bond to the borough with a surety company to be approved by the council, in a sum as council may direct by ordinance, conditioned for the faithful discharge of the controller's duties. The amount of the bond shall be sufficient to adequately protect the borough from any illegal or unfaithful action by the controller. The cost of the bond shall be paid by the borough.

08c1062s

§ 1062. Salary of controller.

The council shall fix the annual salary of the controller. Any change in salary, compensation or emoluments of the elected office shall become effective at the beginning of the next term of the controller.

08c1063s

§ 1063. General powers and duties of controller.

(a) General duties and powers.--The borough controller shall manage the fiscal affairs of the borough. The controller shall examine, audit and settle all accounts in which the borough is concerned either as debtor or creditor if provision for the settlement is made by law. If no provision or an insufficient provision has been made, the controller shall examine the accounts and report to the council the relevant facts and opinion on the accounts.

(b) Accounts.--In the examination, audit and settlement of accounts, the controller shall have all of the powers and perform all of the duties vested in and imposed on the auditors by this part. A person guilty of swearing or affirming falsely before the controller commits perjury. The controller shall make and file an annual report of the audit and make and publish the annual financial report in the same form and manner and at the same time as required in this part of the auditors of the borough.

(c) Scope.--The controller shall:

(1) have supervision and control of the accounts of all departments, bureaus and officers of the borough authorized to collect, receive or disburse the public money or who are charged with the management or custody of the accounts;

(2) audit their respective accounts and may at any time require from any of them a statement in writing of any money or property of the borough in their possession or under their control, showing the amount of cash on hand and the amount deposited in banks and banking institutions, together with the names of the institutions;

(3) have power to examine every account of a borough officer in any bank or banking institution to verify the accuracy of the statement of the borough, department, bureau or officer, and it shall be the duty of every department, bureau or officer, and of every bank and banking institution, its officers and agents, to furnish full information to the controller in relation to the account. No banker or banking institution, its officers or agents shall be subject to prosecution under other laws of this Commonwealth for disclosing information with respect to an account;

(4) immediately, upon the discovery of any default, irregularity or delinquency, report the discovery to the council; and

(5) audit and report upon the accounts of an officer upon the death, resignation, removal or expiration of the term of the officer.

08c1064s

§ 1064. (Reserved).

08c1065s

§ 1065. Countersigned warrants.

The controller shall countersign all warrants upon the borough treasurer, with the form of the warrant to be prescribed by council, except that no warrant shall be countersigned unless there is money in the treasury to pay the warrant. If a warrant on the treasurer shall be presented to the controller to be countersigned, the person presenting the warrant shall, if the controller requires, produce evidence that:

(1) The amount expressed in the warrant is due to the person in whose favor it is drawn.

(2) The supplies or service for payment of which the warrant is drawn have been furnished or performed according to law and the terms of the contract.

08c1066s

§ 1066. Prevention of appropriation overdrafts.

The controller shall not permit any appropriation made by the council to be overdrawn. If an appropriation is exhausted, the object of which is not complete, the controller shall immediately report the fact to the council and accompany the report with a statement of the money which has been drawn on the appropriation and the particular purpose for which it is drawn.

08c1067s

§ 1067. Amount of contracts to be charged against appropriations.

(a) General rule.--A contract involving appropriation of money shall designate the item of appropriation on which it is founded, and the estimated amount of the expenditure which shall be charged against the item, and certified by the borough controller on the contract, before it shall take effect as a contract. Payment required by the contract shall be made from the fund appropriated.

(b) Liability for excess.--If the controller certifies a contract in excess of the appropriation made, the borough shall not be liable for the excess, but the controller and the controller's sureties shall be liable for the same, which may be recovered in an action at law by the aggrieved contracting party.

(c) Certification by controller.--The controller shall certify contracts for the payment of which sufficient appropriations have been made.

08c1068s

§ 1068. Controller's recommendations on borough finances.

The borough controller shall, as often as the controller may deem expedient or the council shall direct, suggest plans to the council for the management and improvement of the borough finances.

08c1069s

§ 1069. Books to be kept by controller.

The borough controller shall keep a regular set of books which shall be opened and keep as many accounts, under appropriate titles, as may be necessary to show separately and distinctly all the estates and property, real and personal, vested in the borough, all trusts in the care of the borough, all debts due and owing the borough, all receipts and expenditures of the various departments of the borough government and all appropriations made by council and the sums under the same, respectively.

08c1070s

§ 1070. Appeals from controller's report.

Appeals may be taken from the settlement and audit of the controller, as shown in the controller's report to the court of common pleas of the county, by the same persons in the same manner within the same time subject to the same conditions and procedure and with like effect in every respect as provided in this part in the cases of appeals from the settlement and audit of the auditors as shown in their report.

08c1071s

§ 1071. Acceptance by ordinance.

(a) General rule.--This subchapter shall not become operative or effective in any borough not having a controller until the borough shall, by ordinance, accept this chapter. If a borough accepts this subchapter, the court of common pleas, upon petition of council, shall appoint a controller to hold office until the first Monday of January following the next municipal election at which a controller shall be elected under this part.

(b) Continuation of borough auditors.--In all boroughs accepting this subchapter, the borough auditors then in office or the appointed auditor serving as borough auditor shall continue to hold office until the first day of January following the election of a borough controller after which date the office of borough auditor shall be abolished.

(c) Discontinuation.--A borough may discontinue the office of controller and either reestablish the office of elected auditor or the position of appointed auditor by repealing the ordinance under which the office of controller was created. The controller in office at the time of the repeal shall continue in office until the end of the controller's term.

08c1081h

SUBCHAPTER E

(Reserved)

08c1086h

SUBCHAPTER F

TAX COLLECTOR

Sec.

1086. Powers and duties of tax collector.

08c1086s

§ 1086. Powers and duties of tax collector.

(a) General rule.--Except as otherwise provided in subsection (b), the tax collector shall be the collector of all State, county, borough, school, institution district and other taxes levied within the borough by the authorities empowered to levy taxes.

(b) Exception.--

(1) No tax collector may collect any tax levied and imposed under the act of December 31, 1965 (P.L.1257, No.511), known as The Local Tax Enabling Act, unless the ordinance imposing the tax provides that the tax collector shall be the collector of the tax.

(2) No ordinance, however, may authorize the collection of income taxes in a manner other than that provided in Chapter 5 of The Local Tax Enabling Act.

(c) Other laws.--The tax collector shall, in addition to the powers, authority, duties and responsibilities provided for by this part, have all the powers, perform all the duties and be subject to all the obligations and responsibilities for the collection of taxes as are now vested in, conferred upon or imposed upon tax collectors by law.

08c10A01h

CHAPTER 10A

MAYOR

Sec.

10A01. Eligibility of mayor.

10A02. Incompatible offices.

10A03. Oath of mayor.

10A04. Salary of mayor.

10A05. Salaried mayor not to receive certain fees.

10A06. General powers of mayor.

10A07. Duties of mayor.

10A08. President or vice president of council to act as mayor.

Enactment. Chapter 10A was added April 18, 2014, P.L.432, No.37, effective in 60 days.

08c10A01s

§ 10A01. Eligibility of mayor.

No mayor may hold any other borough office or appointment during the term for which the mayor is elected, except as is permitted under section 1104 (relating to appointments and incompatible offices). The mayor shall be eligible to succeed himself. The mayor shall not be a member of council, nor shall the mayor preside over or vote at any meeting of council, except as provided in section 1003 (relating to when the mayor may preside over council and vote, attendance of mayor at council meetings and breaking tie votes).

08c10A02s

§ 10A02. Incompatible offices.

No member of Congress or any person holding any office or appointment of profit or trust under the Federal Government or any person holding the office of magisterial district judge may at the same time be capable of holding the office of mayor.

08c10A03s

§ 10A03. Oath of mayor.

The mayor, before exercising the duties of office, shall take and subscribe an oath or affirmation of office under 53 Pa.C.S. § 1141 (relating to form of oaths of office). The oath or affirmation may be taken before a judge or magisterial district judge of the county or a notary public and shall be filed with the borough secretary and be preserved among the records of the borough for a period of six years.

08c10A04s

§ 10A04. Salary of mayor.

(a) General rule.--The salary of the mayor shall be established by ordinance and shall not exceed the following:

(1) In a borough with a population of less than 5,000, a maximum of $2,500 per year.

(2) In a borough with a population of 5,000 or more but less than 10,000, a maximum of $5,000 per year.

(3) In a borough with a population of 10,000 or more but less than 15,000, a maximum of $7,500 per year.

(4) In a borough with a population in excess of 15,000, a maximum of $500 per year per 1,000 residents or fraction of 1,000, the population to be determined by the latest official census figures.

(a.1) Treatment of benefits.--Benefits provided to the mayor under section 1202(26) (relating to specific powers) shall not be considered pay, salary or compensation, but payment for all or a part of the premiums or charges for the benefits shall be in accordance with section 1202(26).

(b) Change in salary.--A change in salary, compensation or emoluments of the elected office shall become effective at the beginning of the next term of the mayor.

08c10A05s

§ 10A05. Salaried mayor not to receive certain fees.

(a) General rule.--Except as provided in subsection (b), any salary paid under an ordinance shall be in lieu of all costs and fees allowed by a mayor. Costs and fees shall be collected by the mayor and deposited into the borough treasury.

(b) Marriage ceremony fees.--

(1) Nothing in this part shall be construed to prevent a mayor from receiving a monetary fee for the performance of a marriage ceremony in this Commonwealth, if the fee does not exceed $150 for each ceremony performed.

(2) Prior to performing these ceremonies, the mayor shall notify council in writing of the mayor's intention to perform marriage ceremonies.

(3) The notification to council shall remain in effect for the term of the mayor or until the notification is rescinded by the mayor.

(4) The mayor shall maintain accurate accounts of the fees received relating to the performance of marriage ceremonies and provide council each quarter with a report of money received for that period. The quarterly report shall include the amount of money received and the names of persons from whom money was received, along with the date and the location of the performed ceremony, and the quarterly report shall be considered a public record.

(5) The receipt of a fee under this subsection shall not be considered a violation of 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure) and shall not be considered compensation under this part.

08c10A05v

Cross References. Section 10A05 is referred to in section 10A07 of this title.

08c10A06s

§ 10A06. General powers of mayor.

(a) Oaths and affirmations.--The mayor may administer oaths and affirmations in matters pertaining to borough affairs.

(b) Emergencies.--

(1) In addition to the power granted to mayors by 35 Pa.C.S. Pt. V (relating to emergency management services) and in order to enable the mayor to effectually preserve the public peace within the borough, the mayor shall have the power to prevent and suppress mobs, riots and unlawful and tumultuous assemblies.

(2) In the event that a state of emergency exists, a mayor shall have the authority to request aid and assistance from law enforcement officers and agencies from a neighboring municipality.

(3) In response to a request of a mayor made in accordance with this subsection, a municipal police officer shall, within the borough from which the request was made, have the power and authority to enforce the laws of this Commonwealth or otherwise perform the functions of that office as if enforcing those laws or performing those functions within the territorial limits of the officer's primary jurisdiction, subject to the limitations and conditions set forth in 42 Pa.C.S. § 8953(b), (c), (d) and (e) (relating to Statewide municipal police jurisdiction).

(4) If the mayor considers that a state of emergency exists, the mayor may issue a proclamation, which shall be in writing and posted in one or more conspicuous places and the contents of which shall be made available to all news media, declaring a state of emergency for a period not to exceed seven days unless sooner rescinded, modified or ratified or extended by resolution of council.

(5) The mayor may prohibit in the proclamation for all or part of the borough:

(i) Any person being on the public streets or in the public parks or at any other public place during the hours declared by the mayor to be a period of curfew.

(ii) The entry or departure of persons into or from any restricted area.

(iii) The sale, purchase or dispensing of any commodities or goods as designated by the mayor.

(iv) The transportation, possession or use of gasoline, kerosene or other combustible, flammable or explosive liquids or materials except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use.

(v) Any other activities as the mayor reasonably believes should be prohibited to help preserve life, health, property or the public peace.

(6) The proclamation shall describe the specific restricted area with particularity and shall specify the hours when restrictions are to be in effect.

(7) A person violating the proclamation of emergency commits a summary offense and shall, upon conviction, be sentenced to pay a fine not to exceed $300 and costs or to a term of imprisonment not to exceed 30 days.

08c10A07s

§ 10A07. Duties of mayor.

The mayor shall have the following duties:

(1) To preserve order in the borough, to enforce the ordinances and regulations, to remove nuisances, to exact a faithful performance of the duties of the officers appointed and to perform any other duties as shall be vested in the mayor's office by law or ordinance.

(2) Except as provided in section 1006(4) (relating to duties of council), to sign papers, contracts, obligations and documents as may be required by law.

(3) To collect any costs and fees received and to pay the money into the treasury, except as provided in section 10A05(b) (relating to salaried mayor not to receive certain fees), to report to the council from time to time on the state of the borough and to make recommendations to the council on matters of borough concern. The borough shall furnish the mayor with the necessary dockets, books, forms and files as are necessary for the conduct of the mayor's office and which shall be and remain the property of the borough and be surrendered to the mayor's successor in office.

08c10A08s

§ 10A08. President or vice president of council to act as mayor.

(a) General rule.--If the mayor is absent or incapacitated or there is a vacancy in the office, the duties of the office shall be discharged by the president of council or, in the absence or incapacity of the president of council or if there is a vacancy in the office, by the vice president of council.

(b) Salary.--While discharging the duties of mayor, the president or vice president of council shall be entitled to the same salary as the mayor would receive and, during the time the salary is paid to the president or vice president of council as acting mayor, the mayor shall not be paid compensation.

(c) Veto and voting power.--The president or vice president of council while acting as mayor shall have power to veto a proposed ordinance or the annual tax resolution under section 1302(a) (relating to tax levy) or to break a tie but shall not have power to vote as a member of council.

08c10A08v

(July 2, 2019, P.L.351, No.51, eff. 60 days)

2019 Amendment. Act 51 amended subsec. (c).

08c1101h

CHAPTER 11

POWERS, DUTIES AND RIGHTS OF

APPOINTED OFFICERS AND EMPLOYEES

Subchapter

A. General Provisions

B. Treasurer

C. Secretary

D. Solicitor

E. Police

F. Police Pension Fund in Boroughs Having Police Force of Less Than Three Members

G. Manager

H. Planning Commission (Reserved)

I. Mine and Quarry Inspection and Surface Support (Reserved)

J. Civil Service for Police and Fire Apparatus Operators

K. Independent Auditor (Reserved)

Enactment. Chapter 11 was added April 18, 2014, P.L.432, No.37, effective in 60 days.

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

1101. Compensation, hours and days of work and outside employment.

1102. Accounts.

1103. Bonds.

1104. Appointments and incompatible offices.

1105. Compensation of certain employees.

1105.1. Retirement benefits of employees transferred to authorities.

08c1101s

§ 1101. Compensation, hours and days of work and outside employment.

Appointed officers and employees of the borough shall receive compensation for their services as the council shall prescribe. Council may also establish the hours and days of work and may restrict the outside employment of borough employees or any class or category of employment.

08c1102s

§ 1102. Accounts.

All officers and employees appointed by a council shall, if directed, render their accounts to the council for settlement.

08c1103s

§ 1103. Bonds.

If an appointed officer or employee of a borough is required by law or action of council to give bond for the faithful performance of the officer's or employee's duties, the borough may pay the premium on the bond. All bonds required to be given by borough officials or employees shall be with a surety company authorized by law to act as surety. The borough shall pay a proportionate share of the cost of the bond of an appointed tax collector in the same ratio as provided in section 804 (relating to term and bonds) for elected tax collectors.

08c1104s

§ 1104. Appointments and incompatible offices.

(a) General rule.--Unless there is incompatibility in fact, an elective or appointive officer of the borough shall be eligible to serve on any board, commission, bureau or other agency created by or for the borough or any borough office created or authorized by statute and may accept appointments under the statute.

(b) Prohibition.--

(1) Except as set forth in paragraph (2), no elected borough official of a borough with a population of 3,000 or more may serve as an employee of that borough.

(2) Paragraph (1) shall not apply to a borough official serving as an employee of that borough prior to the certification of the 2010 official census or a subsequent latest official census which indicates an increase in the population of that borough to 3,000 or more.

(c) Multiple offices.--If there is no incompatibility in fact, appointees of council may hold two or more appointive borough offices, but no mayor or member of council may serve as borough manager, secretary or treasurer.

(d) Magisterial district judges.--No person holding the office of magisterial district judge may at the same time hold any elected or appointed borough office.

(e) Secretary and treasurer.--The offices of secretary and treasurer may be held by the same person if authorized by ordinance.

(f) Police officers and firefighters.--

(1) No police officer or firefighter may hold an elective office of the borough that employs the police officer or firefighter.

(2) No police officer or firefighter who is employed by a regional department, council of government or other cooperative venture may hold an elective office of any municipality that participates in the regional department, council of government or other cooperative venture.

(3) No police officer or firefighter may hold an elective office of the borough in which the police officer or firefighter resides if the department employing the police officer or firefighter is providing police or fire protection service to that borough by contract.

(g) Majority vote required.--All appointments to be made by the council shall be made by a majority of the members of council unless a different vote is required by statute.

(h) Construction.--Nothing contained in this section shall be construed to affect the eligibility of a borough official to hold any other public office or receive compensation.

08c1104v

(Mar. 28, 2024, P.L.2, No.2, eff. 60 days)

2024 Amendment. Act 2 amended subsec. (c).

Special Provisions in Appendix. See sections 4(3)(viii) and 5 of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law and applicability.

Cross References. Section 1104 is referred to in sections 10A01, 1190 of this title.

08c1105s

§ 1105. Compensation of certain employees.

(a) General rule.--A borough may provide, by ordinance, to appointees and employees of not less than ten years of satisfactory service and who are not less than 60 years of age upon termination of active employment with the borough, a proportion of the compensation last paid to them but not in excess of 50% of the compensation, including benefits received under the Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et seq.), if any, as fixed in the ordinance or amendment of the ordinance.

(b) Postretirement compensation.--Any arrangement to provide postretirement compensation to retired appointees and employees under this section shall be a pension plan within the meaning of that term under the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act, and the borough establishing such plan shall provide funding of the pension plan in an amount sufficient to meet the minimum obligation of the municipality with respect to the pension plan under that act.

(c) Funding.--The expenditures authorized in this section shall be paid out of the general tax levy for the current expenditures of the year and not by any special tax.

(d) Construction.--Nothing in this section shall be construed to preclude an appointee or employee of the borough from joining in any pension system or municipal retirement system that the borough may adopt.

08c1105.1s

§ 1105.1. Retirement benefits of employees transferred to authorities.

(a) Required membership.--The following employees of municipal authorities shall be members of the borough retirement system upon a written election as provided in this section:

(1) An employee of a wastewater authority created by a borough and one or more townships under 53 Pa.C.S. Ch. 56 (relating to municipal authorities) that commenced operations after December 1, 2001, who satisfies the requirements of subsection (b), has past service credits under the borough retirement plan and has filed a written election to be a member of the borough retirement system with council and the wastewater authority prior to September 14, 2005.

(2) An employee of a municipal authority created by a borough under 53 Pa.C.S. Ch. 56 that commenced operations after October 4, 2010, who satisfies the requirements of subsection (b), has past service credits under the borough retirement plan and files a written election with the council and the authority to be a member of the borough retirement system within one year of July 16, 2012.

(b) Eligibility criteria.--

(1) In order to qualify for the option under subsection (a), the employee must satisfy both of the following requirements:

(i) Immediately prior to the date of transfer of employment to the authority, be an employee of the borough that, either alone or together with one or more municipalities, established the authority.

(ii) Be an active member of the borough's retirement system on the date that the employee's employment was transferred to the authority.

(2) For an employee who files an election under subsection (a), the affected authority shall:

(i) Deduct from the employee's salary an amount equal to the employee contribution that would have been deducted had the employee continued to be a borough employee and shall pay the deducted amount to the borough's retirement fund.

(ii) Pay to the borough's retirement fund an employer contribution equal to the employer normal cost plus anticipated administrative expenses and amortization payments less general municipal pension system State aid expressed as a percentage of the system's total payroll as calculated by the borough under the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act, and applied to the payroll of the employee.

(c) State aid calculation.--All employees who elect to be members of the borough retirement system under this section shall be treated as borough employees in determining the borough's annual allocation of general municipal pension system State aid under section 402(e) of the Municipal Pension Plan Funding Standard and Recovery Act, and the annual allocation of general municipal pension system State aid under section 402(e) of the Municipal Pension Plan Funding Standard and Recovery Act shall be payable to the borough.

08c1106h

SUBCHAPTER B

TREASURER

Sec.

1106. Bond and duties.

1107. Assistant treasurer.

08c1106s

§ 1106. Bond and duties.

(a) General rule.--The borough treasurer shall, before entering upon the duties of office, give bond in an amount determined by council, conditioned for the faithful performance of the treasurer's duties.

(b) Specific duties.--The treasurer shall:

(1) Receive all money due the borough and deposit the money promptly in a designated depository in the name of the borough.

(2) Keep distinct and accurate accounts of all sums received from taxes and other sources, which accounts shall be open to the inspection of council and any citizen of this Commonwealth.

(3) (i) Pay out all money only on direction by the council, upon an order signed by the president of council and the borough secretary and also by the borough controller, if any. The order shall not be executed unless there is money in the treasury available.

(ii) Nothing in this part shall be construed to preclude the use of electronic signatures and transactions to the extent authorized by the act of December 16, 1999 (P.L.971, No.69), known as the Electronic Transactions Act, or any other law.

(4) Annually submit the accounts to the elected auditors, independent auditor or controller for settlement.

(5) Preserve the account books, papers, documents and other records of the office and turn them over to the successor in office.

(c) Payment of all other money.--All money received by any officer or other person for the use of the borough shall be paid to the borough treasurer.

08c1107s

§ 1107. Assistant treasurer.

A council may, by resolution, appoint an assistant treasurer who may not be a member of the council. Council may appoint the assistant treasurer as the assistant secretary if the assistant treasurer is not a member of council. The assistant treasurer shall assist the treasurer in the performance of the treasurer's duties and, in case of absence or disability of the treasurer, shall perform the duties and may exercise the powers of the treasurer.

08c1111h

SUBCHAPTER C

SECRETARY

Sec.

1111. Duties.

1112. Assistant secretary.

1113. Records open to inspection.

08c1111s

§ 1111. Duties.

(a) Attendance at meetings and maintenance of minutes.--The secretary shall attend all meetings of the council and shall maintain full minutes of its proceedings.

(b) Other duties.--The secretary shall:

(1) Record or transcribe the bylaws, rules, regulations, resolutions and ordinances of the borough in accordance with section 1009 (relating to typewritten, printed, photocopied, microfilmed and electronically or digitally stored records valid and recording or transcribing records).

(2) Preserve the records and documents of the borough, have custody of the corporate seal and deliver to the secretary's successor the seal and all books, papers and other records and things belonging to the borough.

(3) Certify copies of any book, paper, record, bylaw, rule, regulation, resolution, ordinance or proceeding of the borough under the seal of the borough. The copies, if certified, shall be admissible in evidence in any court of this Commonwealth.

(4) Attest the execution of all instruments, record all ordinances and attest the same by the secretary's signature and file of record proof of service of all notices required by law. The secretary's certificate shall be good evidence of notice.

(5) Inform council and the public as required by 65 Pa.C.S. Ch. 7 (relating to open meetings) of all borough meetings, including special meetings of council.

(c) Necessary documents.--The borough shall furnish the secretary with the necessary dockets, books, forms and files as are necessary for the conduct of the office, which documents shall be and remain the property of the borough.

08c1112s

§ 1112. Assistant secretary.

A council may, by resolution, appoint an assistant secretary. The assistant secretary shall assist the secretary in the performance of the secretary's duties and, in case of absence or disability of the secretary, perform the duties and may exercise the powers of the secretary. The assistant secretary may be appointed from the membership of the council but shall not be any other officer of the council. Council may appoint the assistant secretary as the assistant treasurer if the assistant secretary is not a member of council.

08c1113s

§ 1113. Records open to inspection.

The fiscal records and documents and the minute book and other records and documents of every borough shall be open in accordance with the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

08c1116h

SUBCHAPTER D

SOLICITOR

Sec.

1116. Solicitor to have control of legal matters.

1117. Duties of solicitor and outside counsel.

1118. Assistant solicitor.

08c1116s

§ 1116. Solicitor to have control of legal matters.

The legal matters of the borough shall be under the control of the borough solicitor. No department or officer of the borough, except as otherwise provided by law, shall employ an additional counsel without the assent or ratification of the council. The borough solicitor must be licensed to practice law in this Commonwealth and may be one person or a law firm, partnership, association or professional corporation. The borough solicitor serves at the pleasure of council. In the absence of the solicitor, the law firm of which the solicitor is a member or associate may perform any of the duties or functions of the solicitor.

08c1117s

§ 1117. Duties of solicitor and outside counsel.

(a) General rule.--The borough solicitor shall:

(1) Prepare or approve, if directed or requested to do so by council or the mayor, any bonds, obligations, contracts, leases, conveyances, ordinances and assurances to which the borough or any department of the borough may be a party.

(2) Commence and prosecute all actions brought by the borough for or on account of any of the estates, rights, trusts, privileges, claims or demands of the borough, as well as defend the borough or any borough officer against all actions or suits brought against the borough or borough officer in which any of the estates, rights, privileges, trusts, ordinances or accounts of the borough may be brought in question before any court in this Commonwealth.

(3) Furnish the council or committees of the council, the mayor or the head of a department, upon request, with an opinion in writing upon any question of law which may be submitted by any of them in their official capacities.

(4) Perform every other professional act incident to the office which the borough solicitor may be authorized or required to do by the council or the mayor.

(b) Outside counsel.--In the case of a legal dispute between the mayor and council or in any other case in which representation of the mayor and council by the borough solicitor would create a conflict of interest for the borough solicitor, the mayor may employ outside counsel at borough expense, not to exceed $4,000 in any 12-month period, to perform necessary legal services.

08c1118s

§ 1118. Assistant solicitor.

A council may, by resolution, appoint an assistant solicitor to assist the solicitor in the performance of the solicitor's duties and, in the absence or disability of the solicitor, to perform the duties and exercise the powers of the solicitor.

08c1121h

SUBCHAPTER E

POLICE

Sec.

1121. Council's powers concerning police.

1122. Police serving under cooperative agreement or contract.

1123. Police badge.

1123.1. Mayor's powers concerning police.

1124. Suspension by mayor.

1125. Compensation.

1126. (Reserved).

1127. School crossing guards.

08c1121s

§ 1121. Council's powers concerning police.

(a) Establishment of police department.--Council may, by ordinance, establish a police department. If council establishes a police department, the following shall apply:

(1) Council may appoint police officers, subject to Subchapter J (relating to civil service for police and fire apparatus operators).

(2) Council may remove, suspend or reduce in rank any police officer:

(i) in accordance with the act of June 15, 1951 (P.L.586, No.144), entitled "An act regulating the suspension, removal, furloughing and reinstatement of police officers in boroughs and townships of the first class having police forces of less than three members, and in townships of the second class"; or

(ii) subject to Subchapter J.

(3) Council shall designate the ranks in the police department and the duties of each rank and may designate one of the police officers as chief of police.

(4) Council may assign any member of the police department to attend training classes offered by the Federal or State Government and may pay the police officer's expenses while attending the school.

(5) Council shall determine the total weekly hours of employment that shall apply to the police officers.

(b) Powers of borough police officers.--A borough police officer shall have those powers and abilities as are granted to police officers under the laws of this Commonwealth, the rules of the Supreme Court or the ordinances of the borough for which a fine or penalty is imposed unless otherwise excepted in this part.

(c) Ratification.--In any case in which a borough has previously appointed police officers or established a police department by action of council but not under an ordinance regularly enacted, the action shall be deemed to have been a valid exercise of the legislative power of the borough, and all police officers appointed shall occupy the same status and shall have the same rights and privileges as in the case of police officers appointed under authority of an ordinance.

(d) Political participation.--No police officer may participate in any political or election campaign while on duty or in uniform or while using borough property otherwise than to exercise the officer's right of suffrage.

08c1121v

Special Provisions in Appendix. See section 4(3)(ix) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.

08c1122s

§ 1122. Police serving under cooperative agreement or contract.

(a) General rule.--If a borough enters into a cooperative agreement or contract with any municipal corporation, regional police force or other governmental entity created by two or more municipal corporations under 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation) for the furnishing or receiving of police protection as authorized by section 1202(24) (relating to specific powers), the police force of the municipal corporation, regional police force or other governmental entity furnishing the police protection shall be appointed and accepted as the police force of the borough receiving the police service by resolution of the council.

(b) Employment status.--Police officers of the police force of a municipal corporation, regional police force or other governmental entity so appointed shall, insofar as civil service and pensions are concerned, be deemed to be appointees and employees only of the municipal corporation, regional police force or other governmental entity furnishing their service and making the original appointment.

08c1122v

(Mar. 28, 2024, P.L.2, No.2, eff. 60 days)

2024 Amendment. Act 2 amended subsec. (a).

08c1123s

§ 1123. Police badge.

Borough police officers shall wear a shield or badge with the word "Police" when on duty.

08c1123.1s

§ 1123.1. Mayor's powers concerning police.

(a) General rule.--The mayor shall have full charge and control of the chief of police and the police force.

(b) Direction.--The mayor shall direct the time during which, the place where and the manner in which the chief of police and the police force perform the duties of their rank.

(c) Delegation of duties.--The mayor may delegate to the chief of police or other officer supervision over and instruction to subordinate officers in the manner of performing their duties.

(d) Appointment of special police.--The mayor may appoint special police during an emergency in which the safety and welfare of the borough and the public is endangered.

(e) Auxiliary police.--The mayor may activate auxiliary police in accordance with general law and, notwithstanding any other provision of law, may activate auxiliary police for purposes of crowd and traffic control for limited periods during events if, in the mayor's discretion, public safety is promoted by the activation of the auxiliary police.

08c1124s

§ 1124. Suspension by mayor.

(a) General rule.--In addition to the powers of council to suspend police officers, the mayor may, for cause and without pay, suspend any police officers until the succeeding regular meeting of the council at which time or later the council may, subject to Subchapter J (relating to civil service for police and fire apparatus operators), if they are in effect at the time, suspend, discharge, reduce in rank or reinstate with pay the police officers.

(b) Reinstatement.--

(1) A police officer suspended by the mayor may not be reinstated by council at a date earlier than ten working days from the date fixed by the mayor for the suspension to commence.

(2) In any case in which the council has reinstated a police officer after having been suspended by the mayor, the mayor shall not suspend the police officer for reasons:

(i) arising from the same act for which the first suspension was made; or

(ii) that the council, in reinstating the police officer, determined not to be grounds for suspension.

08c1125s

§ 1125. Compensation.

Borough police and special police appointed by the mayor shall receive compensation as fixed by the council.

08c1126s

§ 1126. (Reserved).

08c1127s

§ 1127. School crossing guards.

(a) Appointment.--

(1) Upon request by the board of school directors of the school district in which a borough is wholly or partially located, the council may appoint school crossing guards who shall have the duty of controlling and directing traffic and pedestrians at or near schools and who shall be in suitable and distinctive uniform.

(2) While on duty, school crossing guards shall be under and subject to the direction of the mayor, shall serve at the pleasure of the council, except as noted in subsection (b), shall not be subject to Subchapter J (relating to civil service for police and fire apparatus operators) and shall not be entitled to participate in any borough pension plan or plans.

(3) (i) The compensation of the school crossing guards, if any, shall be fixed by the council and shall be jointly paid by the council and the board of school directors, in a ratio to be determined by the council and board of school directors.

(ii) If the council and board of school directors are unable to determine the ratio of compensation of the school crossing guards to be paid by the council and the board, each shall pay one-half of the compensation of the crossing guards.

(4) Notwithstanding any other provision of law, auxiliary police officers, appointed as prescribed by general law, may be designated to serve as crossing guards.

(b) Ordinance.--

(1) The council may enact an ordinance allowing a board of school directors to assume hiring and oversight of school crossing guards. Before the council may enact the ordinance, the board of directors of the school district must adopt a resolution requesting the authority to assume the hiring and oversight of school crossing guards.

(2) The ordinance enacted by the council shall outline how the police department will provide any necessary training and assistance of the school crossing guards while on duty.

(3) School crossing guards shall be authorized in the management of traffic and pedestrians in and around areas identified by the police department and the school district superintendent or the superintendent's designees.

(4) School crossing guards shall not:

(i) Be subject to the civil service provisions of this part.

(ii) Be considered part of the bargaining unit of the school district.

(iii) Be considered:

(A) An employee as defined under section 1101-A of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949.

(B) A school employee as defined under 24 Pa.C.S. § 8102 (relating to definitions).

(5) After the ordinance is enacted by the council, the school district shall assume the cost of compensation, including fixing compensation, if any, of the school crossing guards.

(6) Notwithstanding any other provision of law, auxiliary police officers, appointed as prescribed by general law, may be hired by the school district to serve as school crossing guards.

(7) The board of school directors shall notify the council of the individuals hired to serve as school crossing guards and request the necessary training or assistance be provided as outlined by the ordinance.

08c1131h

SUBCHAPTER F

POLICE PENSION FUND IN

BOROUGHS HAVING POLICE FORCE

OF LESS THAN THREE MEMBERS

Sec.

1131. Police pension fund.

1132. Private police pension funds and optional transfers.

08c1131s

§ 1131. Police pension fund.

(a) Authorization to establish.--If a police force of less than three full-time members is being maintained, the borough may, unless there is a private organization or association constituting and managing an existing pension fund for the members of the police force in the borough, by ordinance, establish a police pension fund into which each member of the police force shall pay an equal and proportionate monthly charge to be withheld from the pay of the member.

(b) Investment and insurance instruments as alternative.--In lieu of establishing a pension fund in accordance with subsection (a), the borough may, by ordinance, provide investment or insurance instruments for the purpose of the payment of pensions or annuities to the members of the police force who receive honorable discharge by reason of age or disability and to the families of police officers injured or killed in service.

(c) Administration.--

(1) All pension funds or investment or insurance instruments established under this section shall be under the direction of the council, or a committee as it may designate, and shall be applied under regulations as the council may, by ordinance, prescribe for the benefit of the members of the police force who receive honorable discharge by reason of age or disability and the families of police officers injured or killed in service.

(2) Council shall appoint by resolution a chief administrative officer who shall have the primary responsibility for the execution of the administrative affairs of the pension plan, subject to the direction of council.

(3) Any allowances made to individuals who retire by reason of disability or age shall be in conformity with a uniform scale.

(d) Eligibility.--The ordinance establishing the police pension fund shall prescribe a minimum period of total service, a minimum age or both after which members of the force may be eligible for retirement from active duty.

(e) Obligation of payments.--Payments made on account of police pensions shall not be a charge on any fund in the treasury of the borough or under its control except the police pension fund.

(f) Funding.--A borough establishing a police pension fund by ordinance under this section shall provide from any available borough revenue source funding of the police pension fund in an amount sufficient to meet the minimum obligation of the borough with respect to the police pension fund under the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act.

(g) Management.--

(1) A borough may take, by gift, grant, devise or bequest, any money or property, real, personal or mixed, in trust for the benefit of the police pension fund.

(2) The care, management, investment and disposal of the trust funds or property shall be vested in the officers as the borough shall direct by ordinance and shall be governed by the officers, subject to any directions not inconsistent with the ordinance as the donors of the funds and property may prescribe.

(h) Right to equal and proportionate share.--No person participating in the police pension fund and becoming entitled to receive a benefit from the fund may be deprived of the person's right to an equal and proportionate share of the fund upon the basis upon which the person first became entitled to the benefit.

(i) Applicable law.--The act of May 29, 1956 (1955 P.L.1804, No.600), referred to as the Municipal Police Pension Law, or the act of February 1, 1974 (P.L.34, No.15), known as the Pennsylvania Municipal Retirement Law, shall govern any borough police pension fund not established under the provisions of this section.

08c1132s

§ 1132. Private police pension funds and optional transfers.

(a) General rule.--If there is a private organization or association constituting and managing an existing pension fund for the members of the police force in any borough, the borough shall establish a police pension for the purpose of paying pensions to the members of its police force if the membership of the organization or association by a two-thirds vote elects to transfer its funds with all its assets and liabilities into a borough pension fund as required to be established by this part.

(b) Assumption of liability.--The transfer in subsection (a) may be made by the transfer of securities. After the transfer, the borough police pension fund shall assume the liability of continuing the payment of pensions to members of the police force retired prior to the transfer, in accordance with the laws and regulations under which the members were retired.

08c1141h

SUBCHAPTER G

MANAGER

Sec.

1141. Borough manager created by ordinance and election.

1142. Powers and duties.

1143. Other offices not incompatible.

08c1141s

§ 1141. Borough manager created by ordinance and election.

(a) General rule.--The council of a borough may, at its discretion at any time, create by ordinance the office of borough manager and may, in like manner, abolish the office. While the office exists, the council shall, from time to time, and if there is a vacancy, elect, by a vote of a majority of all the members, one person to fill the office.

(b) Subject to employment agreement.--The borough manager shall serve at the pleasure of council, subject to contractual rights that may arise under an employment agreement that may be entered in accordance with section 1142 (relating to powers and duties).

08c1142s

§ 1142. Powers and duties.

(a) General rule.--The powers and duties of the borough manager shall be regulated by ordinance.

(b) Employment agreement.--

(1) Council may enter into an employment agreement with the borough manager that specifies the terms and conditions of employment.

(2) The employment agreement may remain in effect for a specified period terminating no later than two years after the effective date of the agreement or the date of the organizational meeting of council following the next municipal election, whichever occurs first.

(3) An employment agreement entered into under this section may specify conditions under which a borough manager will be entitled to severance compensation, but in no event may the employment agreement guarantee employment through the term of the agreement or confer upon the borough manager any legal remedy based on specific performance.

(4) An employment agreement with a borough manager executed on or after a municipal election but before the first meeting in January the year after the municipal election shall be void.

(5) The council may delegate to the borough manager, by ordinance and subject to recall, any of the nonlegislative and nonjudicial powers and duties of the council, the planning commission and the shade tree commission. With approval of council, the mayor may delegate to the borough manager any of the mayor's nonlegislative and nonjudicial powers and duties.

08c1142v

Cross References. Section 1142 is referred to in section 1141 of this title.

08c1143s

§ 1143. Other offices not incompatible.

The offices of borough manager, street commissioner, secretary, treasurer and chief of police shall not be incompatible, and any two or more or all of the offices may be held by one person. Neither the mayor nor any member of the council shall be eligible to hold the office of borough manager.

08c1151h

SUBCHAPTER H

PLANNING COMMISSION

(Reserved)

08c1161h

SUBCHAPTER I

MINE AND QUARRY INSPECTION

AND SURFACE SUPPORT

(Reserved)

08c1170h

SUBCHAPTER J

CIVIL SERVICE FOR POLICE AND

FIRE APPARATUS OPERATORS

Sec.

1170. Definitions.

1171. Appointments of police and fire apparatus operators.

1172. Civil service commission.

1173. Offices incompatible with civil service commissioner.

1174. Organization of commission.

1175. Clerks, supplies and solicitor.

1176. Rules and regulations.

1177. Minutes and records.

1178. Investigations.

1179. Subpoenas.

1180. Annual report.

1181. General provisions relating to examinations.

1182. Application for examination.

1183. Rejection of applicant and hearing.

1184. Eligibility list and manner of filling appointments.

1185. Age and residency of applicants.

1186. Probationary period.

1187. Provisional appointments.

1188. Promotions.

1189. Physical and psychological medical examination.

1190. Removals.

1191. Hearings on dismissals and reductions.

1192. Employees exempted.

1193. Discrimination on account of political or religious affiliations.

1194. Penalty.

Cross References. Subchapter J is referred to in sections 1121, 1124, 1127 of this title; section 7132 of Title 44 (Law and Justice).

08c1170s

§ 1170. 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:

"Fire apparatus operator." A person who operates fire apparatus and devotes his normal working hours to operating any piece of fire apparatus or other services connected with fire protection work and who is paid a stated salary or compensation for the work by the borough.

"Police force." A police force organized and operating as prescribed by law, the members of which devote their normal working hours to police duty or duty in connection with the bureau, agencies and services connected with police protection work and who are paid a stated salary or compensation for the work by the borough. As used in this subchapter, the term shall not include any of the following:

(1) Special police appointed by the mayor to act in emergencies.

(2) A person appointed solely for parking meter enforcement duties.

(3) Special school police.

(4) Extra police serving from time to time or on an hourly or daily basis.

(5) An auxiliary policeman appointed under the act of January 14, 1952 (1951 P.L.2016, No.561), entitled "An act providing for supplementing the police forces of cities, boroughs, towns and townships, for the appointment, powers and control of auxiliary police therein, and for the transfer during disasters and emergencies of such auxiliary police, members of the regular police forces, and police equipment thereof."

08c1171s

§ 1171. Appointments of police and fire apparatus operators.

(a) Nonapplicability of subchapter.--This subchapter shall not apply to:

(1) a borough that has a police force of less than three members;

(2) a borough that has a police force of three or more members if those members in excess of two are appointed on a temporary basis through a federally funded program;

(3) a volunteer fire department or company that employs its own operators; or

(4) a borough that has less than three salaried fire apparatus operators.

(b) Compensation.--This subchapter is subject to the power of council to determine compensation.

(c) Appointments and promotions.--An appointment to and promotion in the police force or as fire apparatus operator paid directly by a borough and in the borough shall be made only according to qualifications and fitness, to be ascertained by examinations which shall be competitive as provided in this part.

(d) Suspension, removal and reduction in rank.--No person shall be suspended, removed or reduced in rank as a paid employee in any police force or as a paid fire apparatus operator of a borough, except in accordance with this subchapter.

(e) Retirement.--Nothing in this subchapter shall apply to retirement, nor shall anything in this subchapter be construed to prevent a borough from adopting a compulsory retirement age for its employees or for any class of employees and from retiring all employees automatically when they reach that age.

08c1172s

§ 1172. Civil service commission.

(a) Establishment.--A civil service commission is established in each borough where a police force or paid fire apparatus operators are maintained.

(b) Membership and terms.--The commission shall consist of three commissioners who shall be qualified electors of the borough and appointed by the council initially to serve for the terms of two, four and six years. As terms expire, the commissioners shall be appointed for terms of six years.

(c) Vacancies.--A vacancy occurring in the commission for any reason shall be filled by the council for the unexpired term within the period of 30 days after the vacancy occurs.

(d) Alternate members.--

(1) Council may appoint no more than three qualified electors of the borough to serve as alternate members of the commission. The term of office of the alternate members shall be six years.

(2) If seated under section 1174 (relating to organization of commission), an alternate shall be entitled to participate in all proceedings and discussions of the commission to the same and full extent as provided by law for commission members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties specified in this part and as otherwise provided by law.

(3) An alternate member may not hold another office in the borough.

(4) An alternate may participate in any proceeding or discussion of the commission but may not vote as a member of the commission unless designated as a voting alternate member under section 1174.

(e) Oath or affirmation of office.--Each member of the commission, before entering upon the discharge of the duties of office, shall take an oath or affirmation of office under 53 Pa.C.S. § 1141 (relating to form of oaths of office).

(f) Compensation prohibited.--The civil service commissioners shall receive no compensation.

08c1173s

§ 1173. Offices incompatible with civil service commissioner.

No commissioner shall at the same time hold an elective or appointed office under the Federal Government, this Commonwealth or any political subdivision of the Commonwealth, except that one member of the commission may be a member of the council and one may be a member of the teaching profession.

08c1174s

§ 1174. Organization of commission.

(a) General rule.--The commission first appointed shall organize within ten days of its appointment and shall elect one of its members as the chair and one as the secretary. The commission shall meet and organize on the first Monday of each even-numbered year. Each commissioner shall be notified in writing of each and every meeting.

(b) Quorum.--Three members of the commission shall constitute a quorum. If, by reason of absence or disqualification of a member, a quorum is not reached, the chair shall designate as many alternate members of the commission to sit on the commission as may be needed to provide a quorum.

(c) Alternate members.--

(1) An alternate member of the commission shall continue to serve on the commission in all proceedings involving the matter or case for which the alternate was initially designated until the commission has made a final determination of the matter or case.

(2) Designation of an alternate member under this section shall be made on a case-by-case basis in rotation according to declining seniority among the alternates.

(d) Validity of commission action.--No action of the commission may be valid unless it shall have the concurrence of at least two members.

08c1174v

Cross References. Section 1174 is referred to in section 1172 of this title.

08c1175s

§ 1175. Clerks, supplies and solicitor.

The borough shall:

(1) Furnish to the commission, on its requisition, clerical assistance that may be necessary for the work of the commission.

(2) Provide a suitable and convenient room for the use of the commission. The commission shall order from the borough the necessary stationery, postage, printing and supplies.

(3) Provide the services of a solicitor for the commission to be appointed by the commission and paid by the borough. The borough may place a reasonable limit on the amount allowed each year for the services of the commission solicitor.

(4) Through its elected and appointed officials, aid the commission in all proper ways in carrying out the provisions of this subchapter relating to civil service.

08c1176s

§ 1176. Rules and regulations.

(a) General rule.--The commission may prescribe, amend and enforce rules and regulations for carrying into effect this subchapter and shall be governed by the rules and regulations. Before the effective date of the rules and regulations or amendments to them, they shall be first approved by council. If the rules and regulations or amendments have been approved, they shall not be annulled, amended or added to without the approval of council.

(b) Public distribution and inspection.--All rules and regulations and modifications shall be made available by the borough for public distribution or inspection.

08c1176v

Cross References. Section 1176 is referred to in section 1181 of this title.

08c1177s

§ 1177. Minutes and records.

The commission shall maintain minutes of its proceedings and records of examinations and other official actions. All recommendations of applicants for appointment received by the commission shall be kept and preserved for a period of five years, and all records and all written causes of removal filed with the commission, except as otherwise provided in section 1191 (relating to hearings on dismissals and reductions), shall be open to public inspection and subject to reasonable regulation.

08c1178s

§ 1178. Investigations.

The commission may conduct investigations concerning all matters touching the administration and enforcement of this subchapter and rules and regulations adopted under this subchapter. The chair of the commission may administer oaths and affirmations in connection with the investigations.

08c1179s

§ 1179. Subpoenas.

(a) General rule.--The commission may issue subpoenas over the signature of the chair to require the attendance of witnesses and the production of records and papers pertaining to any investigation or inquiry. The fees of witnesses for attendance and travel shall be the same as for witnesses appearing in the courts and shall be paid from appropriations for the incidental expenses of the commission.

(b) Persons required to attend.--All officers in public service and employees shall attend and testify if required to do so by the commission.

(c) Penalty for violation.--If any person refuses or neglects to obey a subpoena issued by the commission, the person shall, upon conviction, be sentenced to pay a fine not to exceed $100 and, in default of the payment of the fine and costs, shall be imprisoned for a term not to exceed 30 days.

(d) Petition to court.--If a person refuses or neglects to obey a subpoena issued by the commission, the commission may apply by petition to the court of common pleas of the county for its subpoena requiring the attendance of the person before the commission or the court to testify and to produce any records and papers necessary, and, if the person defaults, the person shall be held in contempt of court.

08c1180s

§ 1180. Annual report.

The commission shall make an annual report to the council containing a brief summary of its work during the year which shall be available for public inspection.

08c1181s

§ 1181. General provisions relating to examinations.

(a) Rules and regulations.--

(1) The commission shall make rules and regulations, to be approved as provided in section 1176 (relating to rules and regulations), providing for the examination of applicants for positions in the police force and as paid fire apparatus operators and for promotions, which rules and regulations shall prescribe the minimum qualifications of all applicants to be examined and the passing grades.

(2) All examinations for positions or promotions shall be practical in character and shall relate to matters and include inquiries as will fairly test the merit and fitness of the persons examined to discharge the duties of the employment sought by them.

(3) All examinations shall be open to all applicants who have the minimum qualifications required by the rules and regulations.

(4) Each applicant for an original position shall:

(i) Be subject to the regulations adopted by the commission.

(ii) Either before or after the written examination, submit to a physical fitness or agility examination that is job related and consistent with business necessity.

(iii) If made a conditional offer of employment, be given a physical and psychological medical examination as provided in section 1189 (relating to physical and psychological medical examination).

(iv) Be subject to a background investigation. Background investigations may be restricted to those candidates on an eligibility list or those to be certified to council for appointment in accordance with section 1184 (relating to eligibility list and manner of filling appointments).

(a.1) Promotions.--

(1) An applicant for promotion shall be subject to the regulations adopted by the commission and to examination and selection in accordance with section 1188 (relating to promotions).

(2) A physical fitness or agility examination that is job related and consistent with business necessity and physical and psychological medical examinations may, but need not, be required for a promotion.

(b) Public notice.--Public notice of the time and place of every examination, together with the information as to the kind of position to be filled, shall be given by publication once in a newspaper of general circulation, at least two weeks prior to each examination, and a copy of the notice shall be prominently posted in the office of the commission or other public place.

(c) Posting of eligibility list.--The commission shall post in its office the eligibility list containing the names and grades of those who have passed the examination.

08c1182s

§ 1182. Application for examination.

A person who desires to apply for examination must file with the commission a formal application in which the applicant shall provide, under oath or affirmation, the following information:

(1) Full name and residence or post office address.

(2) Citizenship and place and date of birth.

(3) Condition of health and physical capacity for public service.

(4) Business or employment and the applicant's residence for the past five years.

(5) Other information as may be required by the commission's rules and regulations, showing the applicant's qualifications for the position for which the applicant is being examined.

08c1183s

§ 1183. Rejection of applicant and hearing.

(a) General rule.--The commission may refuse to examine or, if examined, may refuse to certify after examination as eligible any applicant who:

(1) is found to lack any of the minimum qualifications for examination prescribed in the rules and regulations adopted for the position or employment for which the applicant has applied;

(2) is physically unfit for the performance of the duties of the position to which the applicant seeks employment;

(3) is illegally using a controlled substance, as defined in section 102 of the Controlled Substances Act (Public Law 91-513, 21 U.S.C. § 802);

(4) has been guilty of any crime involving moral turpitude or of infamous or notoriously disgraceful conduct;

(5) has been dismissed from public service for delinquency or misconduct of office; or

(6) is affiliated with any group whose policies or activities are subversive to the form of government enumerated in the Constitutions and laws of the United States and this Commonwealth.

(b) Hearing requirements.--

(1) If an applicant is aggrieved by the refusal of the commission to certify the applicant as eligible after examination or a person is aggrieved by refusal of the commission to examine the person, the commission shall, at the request of the applicant or person aggrieved, within ten days, appoint a time and place for a public hearing.

(2) At the hearing, the applicant or person aggrieved may appear with or without counsel, and the commission shall take testimony and review its refusal to provide examination or certification.

(3) The deliberations of the commission, including interim rulings on evidentiary or procedural issues, may be held in the nature of a closed executive session.

(4) The commission's disposition of the matter shall constitute official action which shall occur at a public meeting held under 65 Pa.C.S. Ch. 7 (relating to open meetings).

(5) The decision of the commission shall be final.

08c1183v

Cross References. Section 1183 is referred to in sections 1184, 1186, 1188 of this title.

08c1184s

§ 1184. Eligibility list and manner of filling appointments.

(a) Ranking of candidates.--

(1) At the completion of the testing process, including a physical agility or other examination, with the exception of a background investigation to be conducted after the establishment of an eligibility list and physical and psychological medical examination under section 1189 (relating to physical and psychological medical examination), the commission shall rank the candidates who have satisfied the minimum requirements for appointment on an eligibility list.

(2) The eligibility list shall contain the names of individuals eligible for appointment listed from highest to lowest based on their scores on the examinations administered by the commission and any points for which an applicant was entitled by virtue of 51 Pa.C.S. Ch. 71 (relating to veterans' preference).

(3) The eligibility list will be valid for one year from the date the commission formally adopts the eligibility list.

(4) Prior to expiration of the one-year period, the commission may extend the validity of the eligibility list for up to an additional 12 months by a majority vote of the commission at a duly authorized commission meeting.

(5) In the absence of a lawful extension by the commission under paragraph (4), the list shall expire.

(b) Procedure for filling positions.--Except as provided in subsection (c), every original position or employment in the police force or as paid fire apparatus operators, except that of chief of police or chief of the fire department, or equivalent, shall be filled only in the following manner:

(1) The council shall notify the commission of any vacancy which is to be filled and shall request the certification of an eligibility list.

(2) The commission shall certify for each existing vacancy from the eligibility list the names of the three persons or a lesser number, if three are not available, who have received the highest average.

(3) The council shall make a conditional appointment from the three names certified, based solely on the merits and fitness of the candidates, unless council makes objections to the commission regarding one or more of the certified persons for any of the reasons stated in section 1183 (relating to rejection of applicant and hearing).

(4) If the objections are sustained by the commission as provided in section 1183 or the conditional appointee is determined to be unqualified in accordance with the procedures specified in section 1189, the commission shall strike the name of the person from the eligibility list and certify the next highest name for each name stricken from the eligibility list.

(5) As each subsequent vacancy occurs in the same or another position, the same procedure shall be followed.

(c) Vacancies in existing positions.--

(1) Any vacancy in an existing position in the police force or as a paid fire apparatus operator which occurs as a result of retirement, resignation, disability or death may be filled by council by the reappointment or reinstatement of a former employee of the police force or fire department who had previously complied with this section.

(2) No examination, other than a physical examination as directed by the civil service commission, shall be required in any case of reappointment or reinstatement.

(d) Vacancies in certain offices.--

(1) In the case of a vacancy in the office of chief of police or chief of the fire department, or equivalent official, the council may nominate a person to the commission.

(2) The commission shall subject the nominated person to a noncompetitive examination, and, if the person is certified by the commission as qualified, the person may then be appointed to the position and shall be subject to this subchapter.

08c1184v

Cross References. Section 1184 is referred to in section 1181 of this title.

08c1185s

§ 1185. Age and residency of applicants.

No person shall be eligible to apply for examination unless the person is at least 18 years of age at the date of application. An applicant need not be a resident of the borough. The council of the borough may authorize the commission, by rule or regulation, to require police officers and paid fire apparatus operators to become residents of the borough after appointment to the positions.

08c1186s

§ 1186. Probationary period.

(a) General rule.--An original appointment to a position in the police force or as a paid fire apparatus operator shall be for a probationary period of not less than six months and not more than one year, but during the probationary period an appointee may be dismissed only for a cause specified in section 1183 (relating to rejection of applicant and hearing) or because of incapacity for duty due to the use of alcohol or drugs.

(b) Notice denying permanent appointment.--

(1) If, at the close of a probationary period, the conduct or fitness of the probationer has not been satisfactory to the council, the probationer shall be notified in writing that the probationer will not receive a permanent appointment and the appointment shall cease.

(2) If the probationer is not notified or dismissed in accordance with this section, the probationer's retention shall be equivalent to a permanent appointment.

(c) Finality of decision.--The decision of a borough to suspend or discharge a probationer shall be final and shall not be subject to the hearing provisions of section 1191 (relating to hearings on dismissals and reductions).

08c1187s

§ 1187. Provisional appointments.

(a) General rule.--If there are urgent reasons for the filling of a vacancy in a position in the police force and there are no names on the eligibility list for the appointment, the council may nominate a person to the commission for noncompetitive examination, and, if the nominee shall be certified by the commission as qualified after noncompetitive examination, the nominee may be appointed provisionally to fill the vacancy.

(b) Competitive examination required.--

(1) Within three weeks of the provisional appointment, the commission shall hold a competitive examination and certify an eligibility list. A regular appointment shall then be made from the name or names submitted by the commission.

(2) Nothing in this section shall be construed to prevent the appointment, without examination, of persons temporarily as police officers in cases of riot or other emergencies or as fire apparatus operators in emergency cases.

08c1188s

§ 1188. Promotions.

(a) General rule.--A promotion shall be based on merit to be ascertained by an examination to be prescribed by the commission. All questions relative to a promotion shall be practical in character and fairly test the merit and fitness of persons seeking promotion.

(b) Notification of vacancy.--Council shall notify the commission of a vacancy in the police force or as a paid fire apparatus operator in the borough which is to be filled by promotion and shall request the certification of an eligibility list.

(c) Certification required.--

(1) The commission shall certify for each vacancy the names of three persons on the eligibility list who have received the highest average in the last preceding promotional examination held within a period of two years preceding the date of the request for the eligibility list.

(2) If three names are not available, the commission shall certify the names remaining on the eligibility list.

(3) The council shall make an appointment from the names certified, based solely on the merits and fitness of the candidate, unless council makes objections to the commission regarding one or more of the persons so certified for any reason provided under section 1183 (relating to rejection of applicant and hearing).

(d) Increase in salary as promotion.--The council may determine in each instance whether an increase in salary constitutes a promotion.

08c1188v

Cross References. Section 1188 is referred to in section 1181 of this title.

08c1189s

§ 1189. Physical and psychological medical examination.

(a) Conditional offer of employment.--

(1) An applicant selected from the eligibility list shall receive a conditional offer of employment. The offer of employment shall be conditioned upon the conditional appointee undergoing a physical and psychological medical examination and a determination that the conditional appointee is capable of performing all the essential functions of the position.

(2) Physical medical examinations shall be conducted under the direction of a physician or other qualified medical professional.

(3) Psychological medical examinations shall be conducted under the direction of a psychiatrist or psychologist.

(b) Opinion to be rendered.--The physician, other qualified medical professional, psychiatrist or psychologist must be appointed by council and shall render an opinion as to whether the conditional appointee has a physical or mental condition which calls into question the person's ability to perform all of the essential functions of the position for which the person was conditionally appointed.

(c) Interactive discussion with conditional appointee.--If the opinion rendered by the physician, other qualified medical professional, psychiatrist or psychologist calls into question the conditional appointee's ability to perform all essential functions of a position, the person designated by council shall meet with the conditional appointee for the purpose of having one or more interactive discussions on whether the conditional appointee can, with or without reasonable accommodation, perform all the essential functions of the position.

(d) Written notice after interactive discussion.--If, at the conclusion of the interactive discussion conducted under subsection (c), council determines that the conditional appointee is not qualified, council shall give written notice to the conditional appointee and the commission.

(e) Construction.--Nothing in this part shall be construed to authorize physical or psychological medical examinations prior to conditional appointment.

(f) Definitions.--The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Medical examination." An examination, procedure, inquiry or test designed to obtain information about medical history or a physical or mental condition which might disqualify an applicant for a position if it would prevent the applicant from performing, with or without a reasonable accommodation, all of the essential functions of the position.

"Physician." The term shall have the meaning given to it under 1 Pa.C.S. § 1991 (relating to definitions).

"Qualified medical professional." An individual, in collaboration with or under the supervision or direction of a physician, as may be required by law, who is licensed:

(1) as a physician assistant under the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, or the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act; or

(2) as a certified registered nurse practitioner under the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law.

08c1189v

Cross References. Section 1189 is referred to in sections 1181, 1184 of this title.

08c1190s

§ 1190. Removals.

(a) General rule.--No person employed in any police or fire force of any borough may be suspended without pay, removed or reduced in rank except for the following reasons:

(1) Physical or mental disability affecting the person's ability to continue in service, in which case the person shall receive an honorable discharge from service.

(2) Neglect or violation of any official duty.

(3) Violation of any law if the violation constitutes a misdemeanor or felony.

(4) Inefficiency, neglect, intemperance, immorality, disobedience of orders or conduct unbecoming of an officer.

(5) Intoxication while on duty.

(6) Engaging or participating in the conduct of a political or election campaign while on duty or in uniform or while using borough property otherwise than to exercise the person's own right of suffrage.

(7) Engaging or participating in the conduct of a political or election campaign for an incompatible office as provided in section 1104(f) (relating to appointments and incompatible offices).

(b) Restriction.--A person employed by a police or fire force shall not be removed for religious, racial or political reasons.

(c) Statement of charges.--A written statement of charges made against a person shall be furnished to the person within five days after the statement of charges is filed. The person shall have ten days from the date of receiving the notice to submit a written request for a hearing to the civil service commission under section 1191 (relating to hearings on dismissals and reductions).

(d) Furlough.--If, for reasons of economy or other reasons, it shall be deemed necessary by any borough to reduce the number of paid employees of the police or fire force, the borough shall furlough the person, including a probationer, last appointed to the respective force. The removal shall be accomplished by furloughing in numerical order commencing with the person last appointed until the reduction shall have been accomplished. In the event the police or fire force shall again be increased, the employees furloughed shall be reinstated in the order of their seniority in the service. This subsection as to reductions in force is not applicable to a chief of police.

08c1191s

§ 1191. Hearings on dismissals and reductions.

(a) Time of answer and hearing.--A person suspended, removed or reduced in rank may make written answers to any charges filed against the person not later than the day scheduled for the hearing. The commission shall grant the person a hearing that shall be held within a period of ten days from the filing of written charges, unless continued by the commission for cause at the request of the council or the accused. The failure of the commission to hold a hearing within ten days from the filing of the written charges shall not result in the dismissal of the charges filed.

(b) Conduct of hearing.--At any hearing, the person against whom the charges are made may be present in person and by counsel. The council may suspend the person, without pay, pending the determination of the charges against the person, but, in the event the commission fails to uphold the charges, the person sought to be suspended, removed or reduced in rank shall be reinstated with full pay for the period during which the person was suspended, removed or reduced in rank, and no charges shall be officially recorded against the person's record. A stenographic record of all testimony taken at the hearings shall be filed with and preserved by the commission, which record shall be sealed and not be available for public inspection in the event the charges are dismissed.

(c) Appeal.--All parties shall have an immediate right of appeal to the court of common pleas of the county, and the case shall there be determined as the court deems proper. No order of suspension made by the commission may be for a longer period than one year. The appeal shall be taken within 30 days from the date of entry by the commission of its final order and shall be by petition. Upon the appeal being taken and docketed, the court of common pleas shall schedule a day for a hearing and shall proceed to hear the appeal on the original record and additional proof or testimony as the parties concerned may desire to offer in evidence. The decision of the court affirming or revising the decision of the commission shall be final, and the employee shall be suspended, discharged, reduced in rank or reinstated in accordance with the order of court.

(d) Proceedings.--The council and the person sought to be suspended, removed or reduced in rank shall at all times have the right to employ counsel before the commission and upon appeal to the court of common pleas. Unless the council or the person sought to be suspended, removed or reduced in rank requests that the proceedings before the commission be open to the public, the proceedings before the commission under this section shall be held in the nature of a closed executive session that shall not be open to the public. The request shall be presented to the commission before the civil service hearing commences. The deliberations of the commission, including interim rulings on evidentiary or procedural issues, may be held in private and shall not be subject to a request for being open to the public, the council or the person sought to be suspended, removed or reduced in rank. The commission's disposition of the disciplinary action shall constitute official action which shall occur at a public meeting held pursuant to 65 Pa.C.S. Ch. 7 (relating to open meetings).

08c1191v

Cross References. Section 1191 is referred to in sections 1177, 1186, 1190 of this title.

08c1192s

§ 1192. Employees exempted.

All appointments in the police or fire forces of boroughs, including the chief of police or equivalent official, prior to the creation of a commission, shall continue to hold their positions and shall not be required to take any examination under the provisions of this subchapter, except that which may be required for promotion. This section shall not be construed to apply to persons employed temporarily in emergency cases.

08c1193s

§ 1193. Discrimination on account of political or religious affiliations.

(a) Information.--No question in any form of application for examination or in any examination shall be so framed as to elicit information concerning the political or religious opinions or affiliations of any applicant nor shall inquiry be made concerning the opinions or affiliations, and all disclosures of opinions or affiliations shall be ignored.

(b) Prohibition.--No discrimination shall be exercised, threatened or promised by any person against or in favor of any applicant or employee because of political or religious opinions or affiliations or race, and no offer or promise or reward, favor or benefit, directly or indirectly, shall be made to or received by any person for any act done or duty omitted or to be done under this subchapter.

08c1194s

§ 1194. Penalty.

A member of council who, by vote, appoints any person to the police force or as a fire apparatus operator contrary to the provisions of this subchapter, or a member of council or member of the commission who willfully refuses to comply with or conform to the provisions of this subchapter, commits a misdemeanor and, upon conviction, shall be sentenced to pay a fine not exceeding $100 or to imprisonment not exceeding 90 days, or both.

08c1195h

SUBCHAPTER K

INDEPENDENT AUDITOR

(Reserved)

08c1201h

CHAPTER 12

CORPORATE POWERS

Sec.

1201. General powers.

1201.1. Real property.

1201.2. Personal property.

1201.3. Exceptions.

1202. Specific powers.

1203. Reserved powers.

Enactment. Chapter 12 was added April 18, 2014, P.L.432, No.37, effective in 60 days.

08c1201s

§ 1201. General powers.

A borough may:

(1) Have succession perpetually by its corporate name.

(2) Sue and be sued and complain and defend in the courts of this Commonwealth.

(3) Make and use a common seal and alter the same at its discretion.

(4) Purchase, exchange, acquire by gift or otherwise, hold, lease, let and convey, by sale or lease, real and personal property deemed to be in the best interest of the borough, subject to the restrictions, limitations or exceptions as set forth in this chapter.

08c1201.1s

§ 1201.1. Real property.

(a) Sale.--No real estate owned by the borough may be sold except upon approval of council by resolution. Additionally, no real estate owned by the borough may be sold for a consideration in excess of $6,000, except to the highest bidder after due notice by advertisement for bids or advertisement of a public auction.

(a.1) Advertisement.--The advertisement shall be published once in one newspaper of general circulation not less than ten days prior to the date scheduled for the opening of bids or public auction. The date for opening bids or public auction shall be announced in the advertisement.

(a.2) Award of contracts.--The award of contracts shall be made only by public announcement at a regular or special meeting of council or at the public auction. All bids shall be accepted on the condition that payment of the purchase price in full shall be made within 60 days of the acceptance of bids. If no compliant bids are received after advertisement, the applicable procedures in the act of October 27, 1979 (P.L.241, No.78), entitled "An act authorizing political subdivisions, municipality authorities and transportation authorities to enter into contracts for the purchase of goods and the sale of real and personal property where no bids are received," shall be followed.

(b) Rejection of bids.--The council shall have the authority to reject all bids if the bids are deemed to be less than the fair market value of the real property. In the case of a public auction, the council may establish a minimum bid based on the fair market value of the real property.

(c) Exception.--Real estate owned by a borough may be sold at a consideration of $6,000 or less without advertisement or competitive bidding only after council estimates the value of the property upon receipt of an appraisal by a qualified real estate appraiser. Prior to selling real estate valued at $6,000 or less without advertisement or competitive bidding, council shall make a public announcement of the council's intention to sell the real estate at a regular or special meeting of council at least 30 days prior to the sale.

(d) Exchange of real property.--

(1) Notwithstanding this section, council shall have the authority to exchange real property for real property of equal or greater value, without complying with this section, if the property being acquired by the borough is to be used for municipal purposes. Municipal purposes as used in this subsection include a subsequent sale or lease of the property to any of the entities listed in section 1201.3 (relating to exceptions).

(2) Any conveyance of real property acquired in an exchange to an entity listed in section 1201.3 may contain a clause under which the lands and buildings will revert to the borough if they are no longer being used for the purposes of the entity.

(3) If council chooses to exercise its power of real property exchange under this section, it shall be by resolution adopted by council. Notice of the resolution, including a description of the properties to be exchanged, shall be published once in one newspaper of general circulation not more than 60 days nor fewer than seven days prior to adoption.

(4) Participation in a real property exchange shall not prohibit the application of the requirements of the act of October 4, 1978 (P.L.851, No.166), known as the Flood Plain Management Act.

08c1201.1v

(Feb. 5, 2020, P.L.6, No.4, eff. 60 days)

2020 Amendment. Act 4 amended subsecs. (a) and (c).

Cross References. Section 1201.1 is referred to in section 2758 of this title.

08c1201.2s

§ 1201.2. Personal property.

(a) Sale.--Except as provided in subsection (b), no borough personal property may be disposed of, by sale or otherwise, except upon approval of council by resolution. In cases when council approves a sale of the property, council shall estimate the fair market value of the entire lot to be disposed of. If council estimates the fair market value to be $2,000 or more, the entire lot shall be advertised for sale once in at least one newspaper of general circulation not less than ten days prior to the date scheduled for the opening of bids or public auction. The date of opening of bids or public auction shall be announced in the advertisement, and sale of the property advertised shall be made to the best responsible bidder.

(a.1) Electronic auction sale.--A public auction of personal property may be conducted by means of an online or electronic auction sale. During an electronic auction sale, bids shall be accepted electronically at the time and in the manner designated in the advertisement. During the electronic auction, each bidder shall have the capability to view the bidder's bid rank or the high bid price. Bidders may increase their bid prices during the electronic auction. The record of the electronic auction shall be accessible for public inspection. The purchase price shall be paid by the highest bidder immediately or at a reasonable time after the conclusion of the electronic auction as determined by council. In the event that shipping costs are incurred, they shall be paid by the highest bidder. A borough that has complied with the advertising requirements of this section may provide additional public notice of the sale by bids or public auction in any manner deemed appropriate by council. The advertisement for electronic auction sales authorized in this paragraph shall include the Internet address or means of accessing the electronic auction and the date, time and duration of the electronic auction.

(a.2) Rejection of bids.--Council may reject any bids received if the bids are believed to be less than the fair market value of the property. If no bids are received after advertisement, the applicable procedures in the act of October 27, 1979 (P.L.241, No.78), entitled "An act authorizing political subdivisions, municipality authorities and transportation authorities to enter into contracts for the purchase of goods and the sale of real and personal property where no bids are received," shall be followed.

(b) Exception for small value sales.--Council shall, by resolution, adopt a procedure for the sale of surplus personal property, either individual items or lots of items, of an estimated fair market value of less than $2,000. The approval of council shall not be required for any individual sale that shall be made in conformity to the procedure.

(c) Exchange of personal property.--This section shall not be mandatory when borough personal property is to be traded in or exchanged for new or used personal property being acquired by the borough, except that the trade or exchange shall be by resolution.

08c1201.2v

(Oct. 24, 2018, P.L.919, No.150, eff. 60 days)

2018 Amendment. Act 150 amended subsecs. (a) and (b).

08c1201.3s

§ 1201.3. Exceptions.

(a) Sale of property.--Nothing under this chapter requiring advertising for bids or sale at public auction and sale to the highest bidder shall apply if borough real or personal property is to be sold to any of the following:

(1) A county, city, borough, town, township, institution district, school district, volunteer fire company, volunteer ambulance service or volunteer rescue squad located within the borough.

(2) A council of government, consortium, cooperative or other similar entity created pursuant to 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation).

(3) An authority as defined in 53 Pa.C.S. § 5602 (relating to definitions).

(4) A nonprofit corporation engaged in community development or reuse only upon entering into a written agreement with the nonprofit corporation that requires the property to be used for industrial, commercial or affordable housing purposes. This exemption shall not apply to property on which existing governmental functions are conducted. This exemption shall also not apply to property owned and operated by the borough or subcontracted or operated on behalf of the borough in order to conduct existing government functions.

(5) A person for the person's exclusive use in an industrial development program.

(6) A nonprofit corporation organized as a public library for its exclusive use as a library.

(7) A nonprofit medical service corporation as authorized under section 1202(50) (relating to specific powers).

(8) A nonprofit housing corporation as authorized by section 1202(51).

(9) The Federal Government or the Commonwealth.

(10) A nonprofit museum or historical society for its exclusive use as a nonprofit museum or historical society.

(b) Sales to certain nonprofit corporations.--When real property is to be sold to a nonprofit corporation organized as a public library for its exclusive use as a library or to a nonprofit medical service corporation or to a nonprofit housing corporation, council may elect to accept nominal consideration for the sale as it shall deem appropriate.

(c) Reversion.--Real property sold under this section to a volunteer fire company, volunteer ambulance service or volunteer rescue squad, nonprofit medical service corporation or nonprofit housing corporation shall be subject to the condition that, when the property is not used for the purposes of the company, service, squad or corporation, the property shall revert to the borough.

08c1201.3v

Cross References. Section 1201.3 is referred to in section 1201.1 of this title.

08c1202s

§ 1202. Specific powers.

The powers of the borough shall be vested in the council. In the exercise of any specific powers involving the enactment of an ordinance or the making of any regulation, restriction or prohibition, the borough may provide for enforcement and penalties for violations. The specific powers of the borough shall include the following:

(1) To prescribe reasonable fees for the services of the borough's officers and to enforce the payment of the fees. This paragraph shall not be applicable to the services rendered by borough police officers in responding to motor vehicle accidents pursuant to 53 Pa.C.S. § 1392 (relating to prohibition of fees for police services).

(2) In the operation of its utilities, parking meters, parking lots, recreational facilities and other facilities and services, to make and regulate charges for them for general borough purposes.

(3) To impose fines and penalties, incurring partial or total forfeiture, or to remit the same.

(4) To prohibit and remove any nuisance or dangerous structure on public or private grounds, including, but not limited to, accumulations of garbage and rubbish, the storage of abandoned or junked automobiles and obstructions or nuisances in the streets of the borough. The borough may require the removal of any nuisance or dangerous structure by the owner or occupier of the grounds or remove the nuisance or dangerous structure itself and collect the cost of removal, together with a penalty of 10% of the cost, in the manner provided by law for the collection of municipal claims, or by action of assumpsit, or the borough may seek relief by bill in equity.

(5) To make regulations as may be necessary for the health, safety, morals, general welfare and cleanliness and beauty, convenience, comfort and safety of the borough.

(6) To make regulations respecting vaults, cesspools and drains.

(7) To make regulations relative to the accumulation of manure, compost and the like to the extent authorized by 3 Pa.C.S. Ch. 5 (relating to nutrient management and odor management).

(8) (Reserved).

(9) To the extent not otherwise prohibited by the act of December 7, 1982 (P.L.784, No.225), known as the Dog Law, to destroy dogs found at large contrary to laws of this Commonwealth, to prohibit or regulate, by ordinance, the running at large of dogs, cats or other pets and, in the enforcement of the regulations, to direct the seizure, detention or killing of dogs, cats or other pets, prescribing reasonable charges for their seizure and detention and to provide for their sale for the benefit of the borough in default of the redemption of the pet by its owners.

(10) To enact ordinances prohibiting or regulating the keeping or running at large of livestock and fowls and any other animals not covered in paragraph (9) and authorizing their seizure, detention or, in the case of unowned pigeons, humane destruction. The borough may prescribe reasonable charges for the seizure and detention of the animals and provide for their sale for the benefit of the borough in default of the redemption of the animals by their owners. Ordinances enacted under this paragraph shall not unreasonably interfere with any agricultural operation to the extent prohibited by applicable State law.

(11) To regulate the emission of smoke from chimneys, smokestacks and other sources to the extent the regulation is not otherwise prohibited by applicable Federal or State law. This paragraph shall not apply to locomotive smokestacks.

(12) To regulate the streets, sewers, public squares, common grounds, sidewalks, curbs, gutters, culverts and drains, and the heights, grades, widths, slopes and their construction, and to prohibit the erection or construction of any building or other obstruction to the convenient use of the same.

(13) To prohibit or regulate the riding, driving, parking or other passage of any animal or vehicle over, along and across sidewalks. As used in this paragraph, the term "vehicle" shall include any device in, upon or by which any person or property may be transported. The term shall not include a self-propelled wheelchair or an electrical mobility device operated by and designed for the exclusive use of a person with a mobility-related disability.

(14) To adopt ordinances defining disorderly conduct or disturbing the peace within the limits of the borough and to provide for the imposition of penalties for the conduct in amounts, without limitation except as provided under this part, as council shall establish, and notwithstanding any laws of this Commonwealth upon disorderly conduct or disturbing the peace and the penalties.

(15) To adopt and enforce a construction code, a property maintenance code and a fire prevention code and exercise any additional reserved powers pursuant to Chapter 32A (relating to uniform construction code, property maintenance code and reserved powers).

(16) To prohibit and regulate the smoking or carrying of lighted cigarettes, cigars, pipes or matches and the use of matches or fire-producing devices. An ordinance enacted or regulation or resolution adopted under this paragraph shall not regulate smoking in a manner that conflicts with the act of June 13, 2008 (P.L.182, No.27), known as the Clean Indoor Air Act.

(17) To provide for fireworks and inflammable articles as follows:

(i) To regulate and prohibit, by ordinance, the manufacture of fireworks or inflammable or dangerous articles.

(ii) To grant permits for supervised public displays of fireworks and adopt rules and regulations governing the displays.

(iii) To adopt, by ordinance, rules and regulations not inconsistent with State regulations relating to the storage of inflammable articles.

(iv) To impose, by ordinance, other safeguards concerning inflammable articles as may be necessary.

(18) To require and regulate the numbering of buildings and lots.

(19) To make regulations respecting partition fences and the foundations and party walls of buildings.

(20) To provide for the prohibition, licensing and regulation of business as follows:

(i) In addition to licensing in accordance with Chapter 29 (relating to licenses and license fees), to prohibit, license and regulate by ordinance the following:

(A) The carrying on of any manufacture, art, trade or business which may be noxious or offensive and prejudicial to the public health or safety of the inhabitants.

(B) The establishment and maintenance of junk yards, salvage yards and other places used and maintained for the collection, storage and disposal of used or second-hand goods and materials.

(I) regulate markets whether for individual use or for resale;

(II) purchase and own ground;

(III) erect, establish and maintain marketplaces for which purposes parts of a street or sidewalk may be temporarily used;

(IV) contract with a person or association of persons, companies or corporations for the erection, maintenance and regulation of marketplaces, on terms and conditions and in a manner, as the council may prescribe;

(V) provide and enforce suitable regulations respecting marketplaces;

(VI) provide for the payment of the cost or expense of marketplaces, either in whole or in part, out of the funds of the borough; and

(VII) levy and collect a suitable license fee from every person who may be authorized by council to occupy any portion of marketplaces or any portion of the streets or sidewalks for temporary market purposes.

(ii) Notwithstanding subparagraph (i), boroughs may prohibit, license and regulate businesses unless prohibited by law.

(iii) To issue licenses under the act of July 31, 1963 (P.L.410, No.217), entitled "An act regulating and licensing all sales at retail when such sales are advertised as 'Closing Out Sale,' 'Fire, Smoke or Water Damage Sale,' or 'Defunct Business Sale,' with exceptions; requiring filing of inventory and bond; and providing for appeals and penalties."

(21) To plan for and regulate the development of the borough by:

(i) establishing and maintaining uniform building lines upon any or all borough streets under applicable law; and

(ii) utilizing powers delegated by the Pennsylvania Municipalities Planning Code and other applicable laws by adopting zoning, subdivision and land use and development regulations.

(22) (i) To provide for the creation of a capital reserve fund for anticipated capital expenditures as follows:

(A) Create and maintain a separate capital reserve fund for anticipated legal capital expenditures. The money in the fund shall be used, from time to time, for the construction, purchase, replacement of or expansion of municipal buildings, equipment, machinery, motor vehicles or other capital assets of the borough and for no other purpose.

(B) Appropriate money from the general borough funds to be paid into the capital reserve fund or place in the fund any money received from the sale, lease or other disposition of any borough property or from any other source, unless received or acquired for a particular purpose. The fund shall be controlled, invested, reinvested and administered and the money expended for any of the purposes for which the fund is created in a manner as may be determined by council. The money in the fund, when invested, shall be invested in securities designated by 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) as legal investments for sinking funds of municipalities.

(ii) This paragraph shall not be construed to limit the powers of the borough to the use of money in the capital reserve fund in making lawful capital expenditures.

(23) To create and maintain a separate operating reserve fund from which appropriations may be made to meet emergencies involving the health, safety and welfare of the residents of the borough, to counterbalance potential budget deficits resulting from shortfalls in anticipated revenues or program receipts from whatever source, to counterbalance potential budget deficits resulting from increases in anticipated costs for goods or services or to provide anticipated operating expenditures related either to the planned growth of existing projects or programs or to the establishment of new projects or programs if, for a project or program, appropriations have been made and allocated to a separate restricted account established within the operating reserve fund. Council may annually make appropriations from the general fund to the operating reserve fund, but no appropriation may be made to the operating reserve fund if the effect of the appropriation would cause the fund to exceed 25% of the estimated revenues of the borough's general fund in the current fiscal year. The operating reserve fund shall be invested, reinvested and administered in a manner consistent with the provisions of section 1316 (relating to investment of funds).

(24) To enter into agreements with other political subdivisions, in accordance with existing laws, in making joint purchases of materials, supplies or equipment and in performing governmental powers, duties and functions and in carrying into effect provisions of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation), and agreements with the proper authorities of municipal corporations, regional police or fire forces or other public safety or governmental entities created by two or more municipal corporations under 53 Pa.C.S. Ch. 23 Subch. A, either for mutual aid or assistance in police and fire protection or any other public safety services, or for the furnishing to or receiving from the municipal corporations or governmental entities police and fire protection or any other public safety services, and to make appropriations for public safety services. In connection with agreements for police or fire protection or any other public safety services, it shall not be necessary to advertise for bids or receive bonds as required for contracts under existing law. When an agreement has been entered into, the police, firefighters, fire police or any other public safety services of the employing municipal corporation or governmental entity shall have the powers and authority conferred by law on police, firefighters, fire police or any other public safety services in the territory of the municipal corporation which has contracted to secure the service.

(25) To make contracts of insurance, with any mutual or other fire insurance company, association or exchange, duly authorized by law to transact insurance business in this Commonwealth, on any building or property owned or leased by the borough.

(26) To provide for other insurance as follows:

(i) To appropriate an amount as may be necessary to secure insurance or compensation in accordance with Article VI of the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, for:

(A) volunteer firefighters of companies duly recognized by the borough, by motion or resolution, killed or injured while going to, returning from or attending fires or while performing their duties as special fire police; and

(B) other borough employees as "employe" is defined in section 601 of the Workers' Compensation Act.

(ii) To make contracts of insurance with any insurance company, association or exchange authorized to transact business in this Commonwealth insuring borough employees or any class or classes of employees, or mayor and council or their dependents, under a policy or policies of insurance covering life, health, hospitalization, medical and surgical service or accident insurance.

(iii) To contract with an insurance company, granting annuities or pensions, for the pensioning of borough employees or any class or classes of employees, and to agree to pay part or all of the premiums or charges for carrying the contracts and to appropriate money from the borough treasury for those purposes.

(iv) To make contracts with any insurance company, association or exchange authorized to transact business in this Commonwealth to insure any public liability of the borough and to appropriate money from the borough treasury for that purpose.

(v) Nothing in this paragraph shall affect any contract, right or coverage of insurance vested or existing on July 16, 2012. Contract, as used in this paragraph, includes an annuity contract if the option to renew continues to provide the same rights to the annuitant that existed on July 16, 2012.

(27) To contract with a company owning, leasing or operating a light rail or similar transportation system, whether surface, elevated or underground, within the limits of the borough, for the acquisition, leasing or regulation of the franchises, properties, powers, duties and liabilities of the company for the purpose of providing public transportation. A contract may provide that the companies may make payments to the borough in lieu of the performance of certain duties or may include a provision that municipal consent shall not be granted to any other company for the same services covered by the contract. A contract may also provide, subject to any required approval by the Pennsylvania Public Utility Commission and consistent with the jurisdictional limits established under 49 U.S.C. (relating to transportation), for the laying, installation or removal of tracks or lines, to prevent the laying or installation of otherwise authorized tracks or lines or to change the route of any tracks or lines for the consideration and upon conditions as may be agreed upon. Council may acquire, maintain and operate any existing inclined plane passenger transportation facilities and may acquire or may establish vehicular feeder lines for those facilities.

(28) To do any of the following:

(i) Acquire land or buildings by purchase, gift, exchange or eminent domain.

(ii) Erect a building or lease land or buildings, within the borough limits, for community purposes or for public facilities such as comfort and waiting stations and drinking fountains.

(iii) Erect watering troughs.

(iv) Maintain the public facilities.

(v) Provide for the payment of the cost and maintenance of the items under this paragraph from the funds of the borough.

(29) To provide a lockup for the temporary detention of persons.

(30) To display the flag of the United States or of the Commonwealth, the official POW/MIA flag or the flag of any county, city, borough or other municipality in this Commonwealth on the public buildings or grounds and in public places of the borough.

(31) To provide for parking as follows:

(i) to acquire by lease, purchase or eminent domain any land that the council may deem necessary or desirable for the purpose of establishing and maintaining parking lots;

(ii) to regulate the use of parking lots;

(iii) to regulate parking and provide parking accommodations to promote the convenience and protection of the public; and

(iv) to establish or designate, at the discretion of the council, areas exclusively reserved for parking by handicapped individuals and to post signs regulating the areas.

The right to regulate the use of the lots shall include the right to impose fines and fees for violation of any law or ordinance regulating parking. Regulation of parking lots shall be consistent with 75 Pa.C.S. (relating to vehicles) and the act of October 27, 1955 (P.L.744, No.222), known as the Pennsylvania Human Relations Act.

(32) To acquire by purchase or by gift and to repair, supervise, operate and maintain ancient landmarks and other property of historical or antiquarian interest and to make appropriations to nonprofit associations or corporations organized for the purpose of acquiring and maintaining historical properties. The appropriations shall only be used by the association or corporation for the acquisition, restoration and maintenance of the historical properties.

(33) To provide against all hazards of war, terrorism and other disasters and their consequences, and for those purposes to have the power of eminent domain, to cooperate with any other unit and agency of government, Federal, State or local in every lawful way for purposes of defense against the hazards of war and terrorism and to further provide against the hazards of manmade or natural disasters in conjunction with the powers applicable to boroughs in 35 Pa.C.S. Pt. V (relating to emergency management services).

(34) (i) To purchase vehicles and other equipment necessary for the towing of motor vehicles, tractors, trailers, recreational trailers and other vehicles from highways, roads, streets and public property of the borough.

(ii) To impose fees for towing if the towing equipment is used for the lawful removal of motor vehicles, tractors, trailers, recreational trailers and other vehicles from highways, roads, streets and public property of the borough.

(iii) To authorize or contract with commercial towers that agree to tow vehicles for a negotiated price as the official towers for the borough for the lawful removal of motor vehicles, tractors, trailers, recreational trailers and other vehicles from highways, roads, streets and public property of the borough in accordance with Federal and State law.

(iv) To impose fees in the same manner as authorized when the towing is performed with borough vehicles and equipment.

A commercial tower that agrees not to charge in excess of the negotiated price and is otherwise lawfully authorized to tow vehicles in accordance with Federal and State law shall be put on an official rotation list for the borough if council provides for a list. This paragraph shall apply only when the borough is requesting a vehicle to be towed. In all other cases, the owner or operator of a vehicle shall be permitted to select and pay for the tower.

(35) To purchase or contribute to the purchase of fire engines and fire apparatus, boats, rescue and lifesaving equipment and supplies for the use of the borough for fire, rescue and lifesaving services, including community ambulance service, and to appropriate money for fire companies and rescue units located within the borough, including for the construction, repair and maintenance of buildings for fire companies and rescue units, and to acquire land for those purposes. Appropriations may include funds to establish, equip, maintain and operate lawfully organized or incorporated fire training schools within the county or regional firefighters' associations or an entity created pursuant to 53 Pa.C.S. Ch. 23 Subch. A for the purpose of giving instruction and practical training in the prevention, control and fighting of fire and related fire department emergencies to the members of fire departments and volunteer fire companies in any municipal corporation within this Commonwealth. Annual appropriations may also be made to an ambulance service, or council may enter into contracts for use in providing community ambulance service.

(36) To appropriate money for the expense of municipal music.

(37) To accept, purchase and plant or contribute to the purchasing and planting of shade trees along the streets and sidewalks of the borough and to have the care, custody and control of shade trees pursuant to Chapter 27 (relating to recreation places, shade trees and forests).

(38) To appropriate money for the support of any incorporated hospital that is engaged in charitable work and extends treatment and medical attention to residents of the borough, but no appropriation shall exceed in any year the cost of free service extended to residents of the borough that is in excess of any amount paid by the Commonwealth towards free service.

(39) To appropriate money toward the maintenance and support of any medical center or hospital building and further appropriate from the funds toward the purchase and erection of medical or hospital facilities. When the total cost of the purchase or erection exceeds $100,000, it will necessitate approval by the appropriate health planning agency.

(40) To appropriate money annually for the expense of community nurse services to any nonprofit associations or corporations that provide community nursing services for the elderly and other needy persons, the control of communicable disease, the immunization of children, the operation of child health centers (Well-Baby Clinics), instructive visits to parents of new babies, beginning in the prenatal period, and family health guidance, including nutrition, detection and correction of defects all of which relate to the responsibilities of local boards of health.

(41) To appropriate in any year out of the general funds of the borough for the observance of holidays or centennials or other anniversaries or for borough celebrations or other civic projects or programs.

(42) To appropriate from borough funds money for the handling, storage and distribution of surplus foods obtained through either a Federal, State or local agency. All appropriations of money made by any borough for the handling, storage and distribution of surplus foods obtained through either a Federal, State or local agency are validated.

(43) To make appropriations to an industrial development agency.

(44) To appropriate money annually to any tourist promotion agency, as defined in the act of July 4, 2008 (P.L.621, No.50), known as the Tourism Promotion Act, to assist the agencies in carrying out tourist promotional activities.

(45) To appropriate money to assist any municipality or municipal airport authority to acquire, establish, operate and maintain any and all air navigation facilities lying either within or without the limits of the borough.

(46) To issue nondebt revenue bonds pursuant to provisions of 53 Pa.C.S. Pt. VII Subpt. B to provide sufficient money for and toward the acquisition, construction, reconstruction, extension or improvement of municipal facilities, including water systems or facilities, sewers, sewer systems and sewage disposal systems or facilities, systems for the treatment or disposal of garbage and refuse, gas plants, gas distribution systems for its own municipal purposes, municipal gas distribution systems or municipal gas works, electric light or power plants or power distribution systems, aeronautical facilities, including, but not limited to, airports, terminals and hangars and park and recreational facilities and parking lots and facilities to be secured solely by the pledge of the whole or part of the rent, toll or charge for the use or services of the facilities. Included in the cost of the issue may be any costs and expenses incident to construction and financing the facilities and selling and distributing the bonds.

(47) To offer rewards for the arrest and conviction of persons guilty of capital or other crimes within the borough.

(48) To appropriate funds for urban common carrier mass transportation purposes from current revenues and to make annual contributions to county departments of transportation or to urban common carrier mass transportation authorities to assist the departments or the authorities to meet costs of operation, maintenance, capital improvements and debt service and to enter into long-term agreements providing for the payment of the contributions.

(49) To undertake community development programs, including, but not limited to, urban renewal, public housing, model cities programs and neighborhood development projects.

(50) To sell to a nonprofit medical service corporation borough-owned:

(i) real property for its exclusive use as a site for a medical service facility; and

(ii) personal property for use at the medical service facility.

(51) To sell to a nonprofit housing corporation borough-owned:

(i) real property for its exclusive use for housing for the elderly; and

(ii) personal property for its use at the nonprofit housing corporation.

(52) To make grants annually to nonprofit art corporations for the conduct of their artistic and cultural activities. For the purposes of this paragraph, the term "nonprofit art corporation" shall mean a local arts council, commission or coordinating agency or any other nonprofit corporation engaged in the production or display of works of art, including the visual, written or performing arts. Artistic and cultural activities include the display or production of theater, music, dance, painting, architecture, sculpture, arts and crafts, photography, film, graphic arts and design and creative writing.

(53) To appropriate annually an amount toward a neighborhood crime watch program. Notwithstanding any other provision of law, no borough or official of a borough may become subject to contractual, tort or other liability as a result of having made an appropriation under this paragraph.

(54) To appropriate funds for programs that benefit senior citizens or make grants to civic organizations that represent senior citizens, provide services to senior citizens or of which its members are senior citizens.

(55) To appropriate money to nonprofit watershed associations for watersheds serving the borough. Appropriations may not be used to undertake litigation against any municipality or to seek redress against any individual landowner.

(56) To ensure that fire and emergency medical services are provided within the borough by the means and to the extent determined by the borough, including the appropriate financial and administrative assistance for these services. The borough shall consult with fire and emergency medical services providers to discuss the emergency services needs of the borough. The borough shall require any emergency services organization receiving borough funds to provide to the borough an annual itemized listing of all expenditures of these funds before the borough may consider budgeting additional funding to the organization.

(57) To appropriate money to the conservation district, as defined in the act of May 15, 1945 (P.L.547, No.217), known as the Conservation District Law, in which the borough is located.

(58) To require the owner, operator or superintendent of every mine, colliery or quarry located wholly or partially within the limits of the borough to furnish to the borough maps, plans and drawings of workings, excavations and surface support as the council may require. In the case of coal mines and collieries, the map or plan shall exhibit the workings or excavations in every seam of coal on a separate sheet and the tunnels and passages connecting with the workings or excavations. It shall show in degrees the general inclination of the strata, with any material deflection in the strata in the workings or excavations, and shall also show the tidal elevations of the bottom of every shaft, slope, tunnel and gangway and of any other point in the mine or on the surface where the elevation shall be deemed necessary by the borough. The map or plan shall show the number of the last survey on the gangways or the most advanced workings. Every owner, operator or superintendent of a mine, colliery or quarry shall update, at least once every three months, the pertinent maps, plans and drawings to reflect any extensions made in any mine, colliery or quarry during the three preceding months, except those made within 30 days immediately preceding the time of placing the extensions upon the map or drawing. A borough engineer, assistant or other person authorized by council may enter and survey any mine, colliery or quarry within the limits of the borough, at all reasonable times, but not so as to impede or obstruct the workings of the mine, colliery or quarry. The owner, operator or superintendent of the mine, colliery or quarry shall furnish the means necessary for the entry, survey and exit.

(59) To petition the court of common pleas for the appointment of viewers to assess the total cost of an improvement as set forth in Chapter 21A (relating to assessments and charges for public improvements). The viewers shall assess the total cost of the improvement, or so much of the cost as may be just and reasonable, upon the lands or properties peculiarly benefited.

(60) To authorize:

(i) any borough to purchase, own, use, operate and control any natural gas well or wells for the purpose of supplying natural gas for its own municipal purposes; and

(ii) a borough owning or operating a municipal gas distribution system on the effective date of this section to purchase, own, use, operate and control municipal gas distribution systems.

(61) To establish, by ordinance, and maintain a real estate registry for the purpose of procuring accurate information in reference to the ownership of real estate in the borough in a manner not inconsistent with the act of October 9, 2008 (P.L.1400, No.110), known as the Uniform Municipal Deed Registration Act. Council shall designate a person to have charge of the registry who shall cause to be made and carefully preserve all necessary books, maps and plans as may show the location and ownership of every lot, piece of real estate and subdivision of real estate. For purposes of establishing or maintaining the registry, the person in charge of the registry shall have access to public records without charge. Information contained within a real estate registry shall not affect the validity of any municipal claim or tax claim of the borough. Nothing in this paragraph shall prohibit a borough from requiring owners to provide information relevant to the enforcement of any borough ordinance in accordance with law.

(62) To manufacture, purchase or otherwise supply electricity pursuant to Chapter 24A (relating to manufacture and supply of electricity).

(63) To provide the following:

(i) telecommunications services to the extent that provision of services is not inconsistent with 66 Pa.C.S. Ch. 30 (relating to alternative form of regulation of telecommunications services); and

(ii) cable television services in a manner consistent with Federal law.

(64) To acquire, by purchase or condemnation, or to construct underground conduits within which electrical, communication and other types of wires shall be placed and, by ordinance and subject to approval by the Pennsylvania Public Utility Commission, to regulate the manner and terms and conditions of the use of any underground conduits. Council may define reasonable districts of the borough within which underground conduits shall be used for the placement of wires without the approval of the Pennsylvania Public Utility Commission. The powers reserved by this paragraph shall not be bartered away or surrendered by the borough.

(65) In addition to the remedies provided by law for the filing of liens for the collection of municipal claims, including, but not limited to, water rates, sewer rates and the removal of nuisances, to proceed for the recovery and collection of claims by action of assumpsit against the person or persons who were the owner or owners of the property at the time of the completion of the improvement or at the time the water or sewer rates or the cost of the removal of nuisances first became payable, notwithstanding the fact that there was a failure on the part of the borough or its agents to enter the municipal claim as a lien against the property assessed for the improvement, or for the furnishing of water or sewer services and for the removal of nuisances and for the recovery of which the action of assumpsit was brought. The action in assumpsit shall be commenced either within six years after the completion of the improvement from which the claim arises or within six years after the water or sewer rates or the cost of abating a nuisance first became payable.

08c1202v

(Mar. 28, 2024, P.L.2, No.2, eff. 60 days)

2024 Amendment. Act 2 amended par. (8).

Special Provisions in Appendix. See section 4(3)(x) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.

Cross References. Section 1202 is referred to in sections 1001, 10A04, 1122, 1201.3, 1315 of this title.

08c1203s

§ 1203. Reserved powers.

The council may make and adopt all ordinances, bylaws, rules and regulations not inconsistent with or restrained by the Constitution of Pennsylvania and laws of this Commonwealth as may be expedient or necessary for the proper management, care and control of the borough and its finances and the maintenance of peace, good government, safety and welfare of the borough and its trade, commerce and manufactures.

08c1301h

CHAPTER 13

TAXATION AND FINANCE

Sec.

1301. Fiscal year.

1302. Tax levy.

1302.1. Different and separate tax levies.

1303. Special levy to pay debts.

1304. Special road fund tax.

1305. Date tax duplicate to issue.

1306. Additions and revisions to duplicates.

1307. Preparation of budget.

1308. Notice of proposed budget and penalty.

1309. Revision and completion of budget.

1310. Adoption of budget.

1310.1. Tax ordinance or resolution.

1311. Amending budget and notice.

1312. Modification of budget and supplemental appropriations and transfers.

1313. Payment from borough funds.

1313.1. Creation of special funds and investments.

1314. Uniform financial report and forms.

1315. Capital improvements to certain public service facilities.

1316. Investment of funds.

1317. (Reserved).

Enactment. Chapter 13 was added April 18, 2014, P.L.432, No.37, effective in 60 days.

Cross References. Chapter 13 is referred to in sections 1005, 1059.1 of this title.

08c1301s

§ 1301. Fiscal year.

The fiscal year of every borough shall coincide with the calendar year, beginning January 1 and ending December 31.

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§ 1302. Tax levy.

(a) Authority.--The council of the borough shall have power, by resolution for taxes levied at the same rate as or a rate lower than the previous fiscal year, and by ordinance if the tax rate increases from the previous fiscal year, to levy and collect annually a tax not exceeding 30 mills for general borough purposes, unless the council by majority action, upon due cause shown by resolution, petitions the court of common pleas, in which case the court may order a rate of not more than five mills additional to be levied and in addition any of the following taxes:

(1) An annual tax sufficient to pay interest and principal on any indebtedness incurred pursuant to 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) or any prior or subsequent act governing the incurrence of indebtedness of the borough.

(2) To provide for pensions, retirement or the purchase of annuity contracts for borough employees, not exceeding one-half mill.

(3) To defray the cost and expenses of caring for shade trees as provided in section 2720.1 (relating to maintenance by borough and tax levy) and the expense of publishing the notice referred to in section 2720.1, not exceeding one-tenth mill.

(4) For lighting and illuminating the streets, highways and other public places, not exceeding eight mills.

(5) For gas, water and electric, not exceeding eight mills, additional millage permitted only following a favorable referendum on the matter held in accordance with the election laws of this Commonwealth.

(6) For the purchase of fire engines, fire apparatus and fire hose for the use of the borough or for assisting any fire company in the borough in the purchase, renewal or repair of any of its fire engines, fire apparatus or fire hose, for the purposes of making appropriations to fire companies both within and without the borough and of contracting with adjacent municipalities or volunteer fire companies in adjacent municipalities for fire protection, for the training of fire personnel and payments to fire training schools and centers or for the purchase of land upon which to erect a firehouse, or for the erection and maintenance of a firehouse or fire training school and center, not exceeding three mills. The following shall apply:

(i) The borough may appropriate up to one-half, but not to exceed one mill, of the revenue generated from a tax under this paragraph for the purpose of paying salaries, benefits or other compensation of fire suppression employees of the borough or a fire company serving the borough.

(ii) If an annual tax for the purposes specified in this paragraph is proposed to be set at a level higher than three mills, the question shall be submitted to the voters of the borough, and the county board of elections shall frame the question in accordance with the election laws of this Commonwealth for submission to the voters of the borough.

(7) For building a firehouse, fire training school and center, lockup or municipal building, not exceeding two mills, additional millage permitted only following a favorable referendum on the matter held in accordance with the election laws of this Commonwealth.

(8) To establish and maintain a local library or to maintain or aid in the maintenance of a local library established by deed, gift or testamentary provision, for the use of the residents of the borough, in accordance with 24 Pa.C.S. Ch. 93 (relating to public library code).

(9) For the purpose of supporting ambulance, rescue and other emergency services serving the borough, not to exceed one-half mill, except as provided in subsection (e). The borough may appropriate up to one-half of the revenue generated from a tax under this paragraph for the purpose of paying salaries, benefits or other compensation of employees of the ambulance, rescue or other emergency service.

(10) An annual tax sufficient for the purpose of maintaining and operating recreation places or for paying the borough's share of a joint action with one or more political subdivisions, in accordance with section 2701 (relating to general powers).

(b) Amount.--The taxes shall be levied on the dollar on the valuation assessed for county purposes, as now is or may be provided by law. All real property, offices, professions and persons made taxable by the laws of this Commonwealth for county rates and levies may, in the discretion of council, be taxed after the same manner for those purposes. An action on the part of the borough authorities fixing the tax rate for any year at a mill rate shall include a statement expressing the rate of taxation in dollars and cents on each $100 of assessed valuation of taxable property.

(c) Use of taxes for general purposes.--Nothing contained in this section may prevent the application of money received from taxes levied for general purposes to the purposes of paying interest and sinking fund charges on indebtedness.

(d) Proceeds.--The proceeds of all taxes for which additional millage is authorized under this section shall be kept in a separate fund and used only for the purposes provided under this section. The additional taxes authorized by referendum shall continue to be levied annually for the period provided under this section in the question submitted in the referendum and, if any taxes for which the question voted upon shall not have stated the duration of the tax, until the tax shall be abolished by vote of the electors in a subsequent referendum.

(e) Tax for ambulance and rescue squads.--The tax for supporting ambulance and rescue squads serving the borough shall not exceed the rate specified in subsection (a)(9) except when the question is submitted to the voters of the borough in the form of a referendum which will appear on the ballot in accordance with the election laws of the Commonwealth, in which case the rate shall not exceed two mills. The county board of elections shall frame the question to be submitted to the voters of the borough in accordance with the election laws of this Commonwealth.

08c1302v

(July 2, 2019, P.L.351, No.51, eff. 60 days)

2024 Partial Repeal. Section 21(20) of Act 54 provided that subsecs. (a)(6)(i) and (ii) and (9) and (e) are repealed insofar as they are inconsistent with the addition of sections 80031(a) and 80032(a) of the act of April 9, 1929, P.L.343, No.176, known as The Fiscal Code.

2019 Amendment. Act 51 amended subsecs. (a) intro. par. and (b).

Special Provisions in Appendix. See section 4(3)(xi) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.

Cross References. Section 1302 is referred to in sections 10A08, 2701, 3301.1 of this title.

08c1302.1s

§ 1302.1. Different and separate tax levies.

(a) General rule.--A borough may in any year levy separate and different rates of taxation for municipal purposes on all real estate classified as nonfarmland, exclusive of the buildings on the real estate, and on all real estate classified as either buildings on land or farmland. When real estate tax rates are so levied:

(1) The rates shall be determined by the requirements of the borough budget.

(2) A higher rate may be levied on real estate classified as nonfarmland than on real estate classified as either buildings on land or farmland if the respective rates on nonfarmland and on buildings or farmland are so fixed as not to constitute a greater levy in the aggregate than the levy to result from the maximum rate allowed by law on all real estate.

(3) The rates shall be uniform as to all real estate within the classification.

(b) Nonseverability.--Notwithstanding section 104 (relating to constitutional construction), the provisions of this section are nonseverable. If any provision of this section or its application to any person or circumstance is held invalid, the remaining provisions or applications of this section are void.

(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Farmland." Any tract of land that is actively devoted to agricultural use, including, but not limited to, the commercial production of crops, livestock and livestock products as defined in section 3 of the act of June 30, 1981 (P.L.128, No.43), known as the Agricultural Area Security Law.

"Nonfarmland." Any tract of land that is not farmland.

08c1302.1v

Cross References. Section 1302.1 is referred to in section 1303 of this title.

08c1303s

§ 1303. Special levy to pay debts.

In addition to the levies provided for in section 1302.1 (relating to different and separate tax levies), if the council refuses or neglects to levy a sufficient tax to pay the debts due by the borough, a court may, after ascertaining the amount of the indebtedness of the borough, direct a writ of mandamus to the proper officers of the borough to collect by special taxation an amount sufficient to pay the indebtedness in one or more annual installments, as determined reasonable by the court.

08c1304s

§ 1304. Special road fund tax.

(a) Authority.--Any borough shall be empowered, within its general power to levy taxes, to collect annually a tax upon all real property taxable for borough purposes, not to exceed five mills on the dollar in any one year, for the purpose of creating and maintaining a special fund to be used by its borough in making permanent street improvements and to pay contract prices for paving and other permanent street improvements, prior to the collection of the cost and expense from the property owners adjoining or abutting the property by the borough under existing laws.

(b) Application.--If the cost and expense or any part of the cost and expense of the construction of any permanent street improvement, which has been made under existing laws and which has been aided in its construction from the special fund provided for under this section, has been assessed and collected from the owners of the real property adjoining or abutting upon the improvement, it shall be applied to the credit of the special fund, to the extent of the withdrawal from the special fund for that purpose.

08c1305s

§ 1305. Date tax duplicate to issue.

Council shall, within 30 days after adoption of the budget or within 30 days after receipt of the assessment roll from the county, whichever is later, issue their duplicate of taxes assessed to the collector of taxes of the borough.

08c1306s

§ 1306. Additions and revisions to duplicates.

(a) Inspection and reassessment.--If in any borough there is any construction of a building or buildings not otherwise exempt as a dwelling after the council has prepared a duplicate of the assessment of borough taxes and the building is not included in the tax duplicate of the borough, the county assessment office shall, upon the request of the council, direct the assessor in the county assessment office to inspect and reassess, subject to the right of appeal and adjustment provided by statute, all taxable property in the borough to which major improvements have been made after the original duplicates were prepared and to give notice of the reassessments within ten days to the authority responsible for assessments, the borough and the property owner. The real property shall then be added to the duplicate and shall be taxable for borough purposes at the reassessed valuation for that proportionate part of the fiscal year of the borough remaining after the real property was improved. Any improvement made during the month shall be computed as having been made on the first of the month.

(b) Copy of additions or revisions.--A certified copy of the additions or revisions to the duplicate shall be furnished by the council to the borough tax collector, together with their warrant for collection of the taxes, and, within ten days, the borough tax collector shall notify the owner of the real property of the taxes due to the borough.

08c1307s

§ 1307. Preparation of budget.

Beginning at least 30 days prior to the adoption of the budget, a proposed budget or annual estimate of revenues and expenditures for the ensuing year shall be prepared in a manner designated by the council. The proposed budget shall be kept on file with the borough secretary and be made available for public inspection by the borough secretary for a period of ten days.

08c1308s

§ 1308. Notice of proposed budget and penalty.

(a) Notice.--Notice that the proposed budget is available for inspection shall be published by the borough secretary in a newspaper of general circulation, except in boroughs in which the estimated budget receipts are less than $50,000 in 2012, where, in lieu of the newspaper publications, notice may be conspicuously posted during the ten-day period in a place readily viewable by the public at the office of the borough secretary and with further notice as shall be prescribed by council.

(b) Failure.--Any borough secretary who fails or refuses to give the notice that the proposed budget is available for inspection, as required, shall, upon conviction in a summary proceeding, be sentenced to pay a fine not exceeding $100 and costs of prosecution.

08c1309s

§ 1309. Revision and completion of budget.

After the expiration of the ten days, council shall make the revision in the budget as deemed advisable. The budget must be as comprehensive and exact as the information available will permit. In addition to expenditures proposed for the current fiscal year, council may include as proposed expenditures a sum sufficient to pay any existing indebtedness and to pay the ordinary operating expenses for the subsequent year until the taxes of the subsequent year are received and may also include a sum to provide, in whole or in part, for any deferred maintenance, depreciation and replacements. Within the tax levy and debt limitations, council may also include, in whole or in part, expenditures for capital investments and purchases. Expenditures of a legislative character must be made, authorized or ratified by ordinance. Other expenditures allowed by law may be made or ratified by motion in council. The expenditures, whether by ordinance or motion, must then be considered as appropriations affecting the budget. A balance of revenues over expenditures may be expended in a subsequent year for a lawful purpose.

08c1310s

§ 1310. Adoption of budget.

Upon completion of the budget containing the estimated receipts and expenditures, the council shall adopt the budget by motion of the council, which may not be later than December 31.

08c1310.1s

§ 1310.1. Tax ordinance or resolution.

After council has adopted the budget, it is the duty of the council to adopt a resolution levying the taxes referred to in this part for the fiscal year for taxes levied at the same rate as or a rate lower than the previous fiscal year, and to enact an ordinance if the tax rate increases from the previous fiscal year, subject to approval of the mayor or enactment over the mayor's veto under the procedure established in section 3301.3(c) (relating to enactment, approval and veto).

08c1310.1v

(July 2, 2019, P.L.351, No.51, eff. 60 days)

Cross References. Section 1310.1 is referred to in section 3301.3 of this title.

08c1311s

§ 1311. Amending budget and notice.

During the month of January next following a municipal election, the council of a borough may amend the budget and the levy and tax rate to conform with its amended budget. A period of ten days' public inspection at the office of the borough secretary of the proposed amended budget, after notice by the borough secretary to that effect is published once in a newspaper of general circulation, must intervene between the proposed amended budget and its adoption. An amended budget must be adopted by council on or before the 15th day of February.

08c1312s

§ 1312. Modification of budget and supplemental appropriations and transfers.

The council in its reasonable discretion may, in any year, by motion, modify the budget after its final adoption. New appropriations, supplementary appropriations and transfers from one appropriation to another may be made during the fiscal year, either before or after the expenditure is authorized or ratified after the expenditure is made, if it is within the current year's revenues, or the money is promptly made available through borrowing as allowed by law.

08c1313s

§ 1313. Payment from borough funds.

The payments made by the council from the borough funds must be made by proper borough orders, drawn upon the treasurer. No borough order may be authorized by council or signed by the president or secretary of a council unless there are sufficient funds in the treasury of the borough to pay the order, and no orders may be made payable at any time in the future or draw interest. A separate borough order must be drawn for each account or payment.

08c1313.1s

§ 1313.1. Creation of special funds and investments.

Council may set aside in a separate fund any money received out of or from the sale, lease or other disposition of any borough property or received from any source unless the money was received or acquired for a particular purpose. The fund must be controlled, invested and administered, and the income arising from the fund expended, in the manner as may be determined by action of the council under the ordinance creating the fund. The ordinance may provide that only the income from the fund may be used or expended and that neither principal nor any part of the principal may be used or expended unless upon authorization of a majority vote of the qualified electors of the borough. The ordinances previously enacted by a borough creating and establishing a separate fund as authorized by this section must be deemed and taken as valid and effectual for all purposes if the other requirements of law concerning the enactment of the separate fund have been complied with.

08c1314s

§ 1314. Uniform financial report and forms.

(a) Preparation of uniform forms.--The uniform forms for the annual financial statement required to be made by the auditors or the controller must be prepared by a committee consisting of four representatives from the Pennsylvania State Association of Boroughs, the Secretary of Community and Economic Development, or the secretary's designee, and any additional members appointed under statute.

(b) Appointment of representatives.--The representatives of boroughs must be appointed by the president of the Pennsylvania State Association of Boroughs. The representatives shall be chosen from among the finance officers or other officers of the borough who have knowledge of the borough's fiscal procedures. As far as possible, they must be chosen to represent boroughs in the various population groups. The president of the organization shall supply to the Department of Community and Economic Development the names and addresses of the representatives immediately upon their appointment.

(c) Compensation of representatives.--The representatives shall serve without compensation but shall be reimbursed by the Commonwealth for the necessary expenses incurred in attending meetings of the committee.

(d) Meetings.--The committee shall meet, from time to time, as conditions may warrant at the call of the Secretary of Community and Economic Development, or the secretary's designee, who shall serve as chair of the committee.

(e) Duty of secretary and cooperation.--It shall be the duty of the Secretary of Community and Economic Development, or the secretary's designee, to ensure that the forms required by this chapter are prepared in cooperation with the committee. In the event that the committee should for any reason fail to furnish the cooperation, the Secretary of Community and Economic Development, or the secretary's designee, shall prepare the forms. After their preparation, the secretary shall issue the forms and distribute them annually, as needed, to the proper officers of each borough.

08c1315s

§ 1315. Capital improvements to certain public service facilities.

(a) Authority.--For the purpose of financing the cost and expense or its share of the cost and expense of capital improvements, including the purchase and installation of machinery and equipment, by altering, improving or enlarging any of the following, a borough owning the plant or facility may issue nondebt revenue bonds as provided in section 1202(46) (relating to specific powers):

(1) its sewer, sewer system or sewage treatment works, either singly or jointly with other municipalities;

(2) its water works, either singly or jointly with other municipalities;

(3) its electric power plant or power distribution system; or

(4) its gas plant, gas distribution system for its own municipal purposes, municipal gas distribution system or municipal gas works.

(b) Rates.--A borough issuing nondebt revenue bonds under the authority of this section shall adjust and, when necessary, increase the rates of rentals or charges pledged as security for the bonds in order to provide sufficient revenue. The revenue must be set aside as reserve funds to cover depreciation of the properties involved and for future improvements to the plant or facility involved as well as for the payment of the interest on the bonds and the principal at the time of maturity.

08c1315v

Special Provisions in Appendix. See section 4(3)(xii) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.

08c1316s

§ 1316. Investment of funds.

(a) Duty of council.--Council shall invest borough funds consistent with sound business practice.

(b) Investment program.--Council shall provide for an investment program subject to restrictions contained in this part and in another applicable statute and any rules and regulations adopted by council.

(c) Authorized types of investments.--Authorized types of investments for borough funds are:

(1) United States Treasury bills.

(2) Short-term obligations of the United States Government or its agencies or instrumentalities.

(3) Deposits in savings accounts or time deposits, other than certificates of deposit, or share accounts of institutions insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund to the extent that the accounts are so insured, and, for the amounts above the insured maximum, if approved collateral as provided by law shall be pledged by the depository.

(4) Obligations of:

(i) the United States or its agencies or instrumentalities backed by the full faith and credit of the United States;

(ii) the Commonwealth or its agencies or instrumentalities backed by the full faith and credit of the Commonwealth; or

(iii) a political subdivision of the Commonwealth or its agencies or instrumentalities backed by the full faith and credit of the political subdivision.

(5) Shares of an investment company registered under the Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. § 80a-1 et seq.), whose shares are registered under the Securities Act of 1933 (48 Stat. 74, 15 U.S.C. § 77a et seq.), if the only investments of the company are in the authorized investments for borough funds listed in paragraphs (1), (2), (3) and (4).

(6) Certificates of deposit purchased from institutions insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund to the extent that the accounts are so insured. For amounts above the insured maximum, the certificates of deposit must be collateralized by a pledge or assignment of assets of the institution, and the collateral may include loans, including interest in pools of loans, secured by first mortgage liens on real property. Certificates of deposit purchased from commercial banks must be limited to an amount equal to 20% of a bank's total capital and surplus. Certificates of deposit purchased from savings and loan associations or savings banks must be limited to an amount equal to 20% of an institution's assets minus liabilities.

(7) An investment authorized by 20 Pa.C.S. Ch. 73 (relating to municipalities investments) must be an authorized investment for a pension or retirement fund.

(8) Bonds of a municipal authority or parking authority created solely by the borough for the purpose of either investment or possible retirement of the bonds and acquisition of authority projects at an earlier date than originally contemplated, using for the purpose either surplus funds of the borough or money appropriated in the annual budget for the purpose.

(9) An investment authorized by the act of July 25, 1973 (P.L.217, No.53), entitled "An act authorizing cities of the first class and second class to invest all funds received and deposited with the city treasurer in certain commercial paper under certain terms and conditions; and providing for investment of public corporation or municipal authority funds."

(d) Authority of council.--In making investments of borough funds, council has authority to:

(1) Permit assets pledged as collateral under subsection (c)(3), to be pooled in accordance with the act of August 6, 1971 (P.L.281, No.72), entitled "An act standardizing the procedures for pledges of assets to secure deposits of public funds with banking institutions pursuant to other laws; establishing a standard rule for the types, amounts and valuations of assets eligible to be used as collateral for deposits of public funds; permitting assets to be pledged against deposits on a pooled basis; and authorizing the appointment of custodians to act as pledgees of assets."

(2) Combine money from more than one fund under borough control for the purchase of a single investment, if each of the funds combined for the purpose shall be accounted for separately in all respects and the earnings from the investment are separately and individually computed and recorded and credited to the accounts from which the investment was purchased.

(3) Join with one or more other political subdivisions and municipal authorities in accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation) in the purchase of a single investment, provided the requirements of paragraph (2) are adhered to regarding separate accounting of individual funds and separate computation, recording and crediting of the earnings from the funds.

08c1316v

(Mar. 28, 2024, P.L.2, No.2, eff. 60 days)

2024 Amendment. Act 2 added subsec. (c)(9).

Cross References. Section 1316 is referred to in sections 1202, 24A04 of this title.

08c1317s

§ 1317. (Reserved).

08c1401h

CHAPTER 14

CONTRACTS

Sec.

1401. Power to make contracts.

1402. Regulation of contracts.

1403. Evasion of advertising requirements.

1404. Personal interest in contracts or purchases.