AN ACT

 

1Amending Titles 8 (Boroughs and Incorporated Towns) and 44 (Law
2and Justice) of the Pennsylvania Consolidated Statutes,
3consolidating The Borough Code; making revisions concerning
4definitions, applications, certificates, eligibility,
5collection of taxes, appointments and incompatible offices,
6council's powers, specific powers, preparation of plans and
7specifications and contracts, assessments, removal of elected 
8official and appointee, recreation board and authority,
9ordinances and resolutions; making an editorial change; and
10making a related repeal.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. Title 8 of the Pennsylvania Consolidated Statutes
14is amended by adding a part to read:

15PART I

16BOROUGHS

17Chapter

181. Preliminary Provisions

192. Creation and Alteration

203. Annulment of Charters and Change of Corporate Names
21(Reserved)

224. Change of Limits (Reserved)

15. Boundaries

26. Wards

37. Associations and Organizations

48. Elections of Officers

59. Vacancies in Office

610. Powers and Duties of Elected Officials

710A. Mayor

811. Powers, Duties and Rights of Appointed Officers and
9Employees

1012. Corporate Powers

1113. Taxation and Finance

1214. Contracts

1315. Eminent Domain, Assessment of Damages and Damages for
14Injury to Property

1516. Land Subdivision (Reserved)

1617. Streets

1718. Sidewalks

1819. Bridges, Viaducts and Underground Passageways

1920. Sanitary Sewers

2021. Collection by Installment of Street and Sewer
21Assessments (Reserved)

2221A. Assessments and Charges for Public Improvements

2322. Storm Sewers and Watercourses

2423. Underground Conduits (Reserved)

2524. Water System

2624A. Manufacture and Supply of Electricity

2725. (Reserved)

2825A. Airports

2926. Wharves and Docks

3027. Recreation Places, Shade Trees and Forests

128. Cemeteries

229. Licenses and License Fees

329A. Veterans' Affairs

430. Real Estate Registry (Reserved)

531. Health and Sanitation

632. Zoning (Reserved)

732A. Uniform Construction Code, Property Maintenance Code
8and Reserved Powers

933. Ordinances

1034. Actions By and Against Boroughs (Reserved)

1135. Acts of Assembly Repealed and Saving Clause

12CHAPTER 1

13PRELIMINARY PROVISIONS

14Sec.

15101. Short title of part.

16101.1. Definitions.

17102. Excluded provisions.

18103. Construction of part.

19104. Constitutional construction.

20105. Construction of references.

21106. Application.

22107. Acceptance.

23107.1. Acceptance by incorporated towns.

24108. (Reserved).

25109. Publication of notices.

26110. Terms of existing officers.

27§ 101. Short title of part.

28This part shall be known and may be cited as the Borough
29Code.

30§ 101.1. Definitions.

1The following words and phrases when used in this part shall
2have the meanings given to them in this section unless the
3context clearly indicates otherwise:

4"Abutting property" or "abutting real estate." In reference
5to any street, the term shall mean any property physically
6adjoining the street, regardless of what the reversion rights in
7the street may be and regardless of where the lot lines may be
8in relation to the street.

9"Council." A borough council.

10"Highway." A State highway of this Commonwealth.

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

12(1) The most recent Federal decennial census.

13(2) A census conducted later in time than the census
14under paragraph (1) by the United States Census Bureau.

15"Municipal corporation." A city, borough, incorporated town,
16township of the first or second class or any home rule
17municipality other than a county.

18"Municipality." A municipal corporation or a county.

19"Pennsylvania Construction Code." The act of November 10,
201999 (P.L.491, No.45), known as the Pennsylvania Construction
21Code Act.

22"Pennsylvania Municipalities Planning Code." The act of July
2331, 1968 (P.L.805, No.247), known as the Pennsylvania
24Municipalities Planning Code.

25"Street." Any street, road, lane, court, cul-de-sac, alley,
26public way and public square.

27§ 102. Excluded provisions.

28This part shall not include any provisions and shall not be
29construed to repeal any acts relating to:

30(1) The assessment and valuation of property and persons

1for the purpose of taxation and the collection of taxes,
2except as provided in this part.

3(2) The collection of municipal claims by liens.

4(3) The method of incurring or increasing indebtedness.

5(4) Conduct of elections.

6(5) Public schools.

7(6) The powers and duties of borough and ward
8constables.

9(7) Magisterial district judges.

10(8) The giving of municipal consent to public utilities.

11(9) State highways.

12(10) Validations of elections, bonds, ordinances and
13acts of corporate officers.

14(11) 18 Pa.C.S. (relating to crimes and offenses).

15(12) 75 Pa.C.S. (relating to vehicles).

16§ 103. Construction of part.

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

18(1) The provisions of this part that are the same as
19those of laws existing on January 1, 1966, are intended as a
20continuation of laws existing on January 1, 1966, and not as
21new enactments.

22(2) The repeal by this part of any act or part of an act
23shall not revive any act or part repealed or superseded nor
24affect the corporate existence of any incorporated borough.

25(3) The provisions of this part shall not affect any of
26the following:

27(i) Any act done, liability incurred or right
28accrued or vested.

29(ii) Any suit or prosecution pending or to be
30instituted to enforce any right or penalty or punish any

1offense under the authority of the repealed laws.

2(4) All ordinances, resolutions, regulations and rules
3made under any act repealed under this part shall continue
4with the same force and effect as if the act had not been
5repealed to the extent that the ordinances, resolutions,
6regulations and rules could have been made under this part.

7(5) Any individual holding office under any act repealed
8by this part shall continue to hold office until the
9expiration of the term, subject to the conditions attached to
10the office prior to January 1, 1966.

11(b) Powers and duties.--Borough council shall have the
12corporate powers and duties and borough officials shall have the
13powers and duties under this part and as provided in other laws
14to the extent that the powers and duties are not repealed under
15this part.

16§ 104. Constitutional construction.

17The provisions of this part are severable. If any provision
18of this part or its application to any person or circumstance is
19held invalid, the invalidity shall not affect other provisions
20or applications of this part which can be given effect without
21the invalid provision or application.

22§ 105. Construction of references.

23If reference is made in this part to any act, the reference 
24shall apply to and include any codification in which the 
25provisions of the act referred to are substantially reenacted.

26§ 106. Application.

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

28(b) Prior acts.--This part shall not annul or repeal any
29local or special act or part of a local or special act in force
30on January 1, 1966.

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

2(1) The provisions of this part similar to the
3provisions of the former act of May 14, 1915 (P.L.312,
4No.192), entitled "An act providing a system of government
5for boroughs, and revising, amending, and consolidating the
6law relating to boroughs," shall apply to boroughs
7incorporated under local laws in the same manner as similar
8provisions of the former act of May 4, 1927 (P.L.519,
9No.336), entitled "An act concerning boroughs, and revising,
10amending and consolidating the law relating to boroughs,"
11were extended to boroughs acting under local laws.

12(2) If a provision of this part conflicts with a special
13or local law applicable to a borough that has not been
14surrendered, the provisions shall be construed so that effect
15may be given to both. If the conflict between the provisions
16is irreconcilable, the provision in the local or special law
17shall prevail.

18§ 107. Acceptance.

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

20(1) A borough incorporated or acting under any local or
21special act may surrender the provisions of its special and
22local acts in their entirety or as they are inconsistent with
23this part and be governed by this part by presenting a
24petition to the court of common pleas of the county setting
25forth the desire of the borough to accept the provisions of
26this part.

27(2) The petition under paragraph (1) shall indicate
28whether it is the desire of the borough to surrender all of
29its special and local acts or to retain its special and local
30acts that are not inconsistent with this part.

1(3) If the petition indicates a desire to retain local
2or special acts, it shall indicate the local or special acts
3to be retained. The petition shall be made by the council or
4by at least 10% of the registered electors of the borough as
5of the date the petition is filed.

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

7(1) Upon the presentation of a petition under subsection
8(a), the court shall set and provide notice of a hearing
9date. An inhabitant of the borough may remonstrate against
10the granting of the petition at the hearing.

11(2) If the court grants the petition, the decree of the
12court shall be recorded in the office for the recording of
13deeds, and the borough shall be subject to this part and any
14local or special acts retained as set forth in the petition.
15On and after the date of the decree, any local or special act
16applicable to the borough shall no longer apply to the
17borough if it is inconsistent with this part or has been
18surrendered.

19(c) Force and effect.--If a borough accepts this part under 
20this section, all of the following shall continue with the same
21force and effect as if no acceptance had been made:

22(1) Liabilities incurred.

23(2) Rights accrued or vested.

24(3) Obligations issued or contracted.

25(4) Suits and prosecutions pending or to be instituted
26to enforce any right or penalty accrued or to punish any
27offense committed prior to the acceptance.

28(5) Ordinances.

29§ 107.1. Acceptance by incorporated towns.

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

1(1) An incorporated town incorporated or acting under a
2local or special act may, by ordinance, elect to be governed
3by the provisions of this part and shall surrender any
4provisions of its special and local acts that are
5inconsistent with this part adopted by the incorporated town.

6(2) An ordinance under paragraph (1) shall indicate the
7provisions of this part to be adopted and, if applicable, the
8provisions of the incorporated town's special and local acts
9to be surrendered.

10(3) On and after the effective date of the ordinance and
11until the ordinance may be repealed or amended, the
12provisions of this part indicated in the ordinance shall be
13the law applicable to the incorporated town, and the
14provisions of any local or special acts, to the extent
15surrendered as indicated in the ordinance, shall not apply to
16the incorporated town.

17(b) Full acceptance.--An incorporated town incorporated or
18acting under any local or special act may elect to accept this 
19part in its entirety and surrender all local and special acts by
20petition as set forth in section 107 (relating to acceptance).
21If an incorporated town accepts this part in its entirety and
22surrenders all local and special acts, the incorporated town
23shall become a borough, and the decree of the court permitting
24the acceptance shall indicate the name of the new borough.

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

26(1) If an incorporated town accepts this part under this
27section, all of the following shall continue with the same
28force and effect as if no acceptance had been made:

29(i) Liabilities incurred.

30(ii) Rights accrued or vested.

1(iii) Obligations issued or contracted.

2(iv) Suits and prosecutions pending or to be
3instituted to enforce any right or penalty accrued or
4punish any offense committed prior to acceptance.

5(v) Ordinances.

6(2) An incorporated town shall not have the power to
7alter or amend any provision of this part that has been
8adopted in accordance with this section or section 107.

9§ 108. (Reserved).

10§ 109. Publication of notices.

11(a) Newspaper of general circulation.--If in this part
12notice is required to be given in one newspaper of general
13circulation, the notice shall be published in one of the
14following:

15(1) A newspaper of general circulation as defined in 45
16Pa.C.S. § 101 (relating to definitions) which is published
17and circulated in each borough affected.

18(2) A newspaper of general circulation, circulated in
19each borough affected, which has a bona fide paid circulation
20equal to or greater than any newspaper published in each
21borough affected by the notice.

22(b) Legal newspaper.--Unless dispensed with by special order
23of court, the notice required to be published in a newspaper of
24general circulation shall also be published in the legal
25newspaper for the county of the borough affected, if the notice
26refers to any of the following:

27(1) Any proceeding in any court.

28(2) The holding of elections for the increase of
29indebtedness or the sale of bonds.

30§ 110. Terms of existing officers.

1This part shall not be construed as affecting or terminating
2the term of any officer of a borough holding office on January
31, 1966.

4CHAPTER 2

5CREATION AND ALTERATION

6Subchapter

7A. Incorporation

8B. Consolidation (Reserved)

9C. Creation From Cities of the Third Class

10D. Consolidation or Merger and Change of Corporate Name

11SUBCHAPTER A

12INCORPORATION

13Sec.

14200. Definitions.

15201. Contiguous areas.

16202. Applications.

17202.1. Borough advisory committee.

18202.2. Advisability of incorporation, certification of question
19for referendum and decree.

20203. (Reserved).

21204. (Reserved).

22205. Borough government and requisites of charter.

23206. Farmlands.

24207. Corporate name.

25208. (Reserved).

26209. (Reserved).

27210. Certificates.

28211. Temporary preservation, organization and election of
29officers.

30212. Boundaries.

1213. Adjustment of indebtedness.

2214. Judicial adjustment.

3215. Judicial adjustment award proceedings.

4216. Exceptions.

5217. Compensation, expenses and costs.

6218. Territory located in multiple counties.

7219. Bond issues and taxation.

8§ 200. Definitions.

9The following words and phrases when used in this subchapter
10shall have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Committee." A borough advisory committee.

13"Freeholder." A person enjoying a continuous right of
14ownership and possession of real property for an indeterminate
15period by fee simple or life estate.

16"Township." A township of the second class.

17§ 201. Contiguous areas.

18A court of common pleas may incorporate as a borough any
19contiguous area from one or more townships within the court's
20jurisdiction having a population of at least 500 residents.
21After having been incorporated as a borough, the area shall be a
22body corporate and politic and shall have the name decreed by
23the court.

24§ 202. Applications.

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

26(1) The application for incorporation shall be by a
27petition signed by a majority of the freeholders residing
28within the limits of the proposed borough and by the
29freeholders of a majority of the territory within the limits
30of the proposed borough, if all parts of the proposed borough

1are in the same township.

2(2) If portions of the proposed borough are in different
3townships, the petition shall be signed by a majority of the
4freeholders residing in each of the separate portions and by
5the freeholders of a majority of the territory in each of the
6separate portions. The following shall apply:

7(i) The signatures must be secured within three
8months immediately preceding the presentation of the
9signatures to the court.

10(ii) The petition shall be subscribed by and sworn
11to by at least one of the signers.

12(iii) The number of signers required to sign the
13petition shall be ascertained as of the date the petition
14was presented to court.

15(b) (Reserved).

16(c) (Reserved).

17(d) (Reserved).

18(e) Filing and notice.--Upon presentation to the court, a
19petition shall be filed with the clerk of court, and notice of
20the petition shall be published under section 109 (relating to
21publication of notices) once a week for four consecutive weeks
22immediately following the filing of the petition, during which
23time exceptions may be filed to the petition by any person
24interested. The notice shall state when and where the petition
25was filed and the time during which exceptions may be filed to
26the petition.

27(f) Contents of petition.--The petition under subsection (e)
28shall indicate the name of the proposed borough with a
29particular description of the boundaries of the borough and be
30accompanied with a plot of the proposed borough. The following

1shall apply:

2(1) If the boundaries of the proposed borough are not
3the same as an existing township the description shall
4contain the courses and distances of the boundaries.

5(2) If the boundaries of the proposed borough are the
6same as an existing township, the description:

7(i) may contain the courses and distances of the
8boundaries; and

9(ii) shall refer to the name and location of the
10existing township.

11§ 202.1. Borough advisory committee.

12(a) Establishment.--The court shall establish a borough
13advisory committee when a petition is received by the court for
14the creation of a borough. The following shall apply to
15committee members:

16(1) Members shall be appointed by and shall serve at the
17pleasure of the court.

18(2) The committee shall consist of the following:

19(i) Two residents of the proposed borough.

20(ii) Two residents from each of the existing
21townships recommended by the respective governing body of
22the township who are not residing within the proposed
23borough.

24(iii) One resident of the county not residing in any
25area under subparagraphs (i) and (ii) who shall serve as
26the chair of the committee.

27(3) Members shall serve without salary. The court may
28entitle each member to reimbursement for the member's actual
29and necessary expenses incurred in the performance of the
30member's official duties.

1(4) Members may consult with the director of the county
2planning commission who may advise the committee.

3(b) Duties.--The committee shall, within 60 days of its
4creation, advise the court in relation to the establishment of
5the proposed borough. The committee shall render expert advice
6and findings of fact relating to the desirability of an
7incorporation, including advice as to:

8(1) The proposed borough's ability to obtain or provide
9adequate and reasonable community support services such as
10police protection, fire protection and other appropriate
11community facility services.

12(2) Whether the proposed borough constitutes a
13harmonious whole with common interests and needs that can
14best be served by a borough government. In examining this
15factor, the committee shall consider whether the proposed
16borough represents a distinct community with features
17different from those of the existing township.

18(3) The existing and potential commercial, residential
19and industrial development of the proposed borough.

20(4) Whether the proposed borough would provide for land
21use regulations to meet the legitimate needs for all
22categories of residents or whether the plan is exclusionary
23or would result in economic segregation.

24(5) The financial or tax effect on the proposed borough
25and existing township.

26§ 202.2. Advisability of incorporation, certification of
27question for referendum and decree.

28(a) Process.--After receiving the findings-of-fact and the
29advice of the committee, the court shall conduct a hearing. If,
30after the hearing, the court deems further investigation

1necessary to determine the advisability of incorporation, it may
2issue an order to obtain the additional information. When the
3court has obtained all reasonably necessary information and has
4determined that the conditions required under this section have
5been met, the court shall determine the desirability of the
6proposed incorporation based upon the following:

7(1) The evidence submitted at the hearing and by the
8committee.

9(2) Any additional information obtained after the
10hearing.

11(3) Any other applicable factors the court deems
12relevant.

13(b) Determination.--If the court determines that the
14desirability of the proposed incorporation is not supported by a
15preponderance of the evidence, the court shall enter a final
16decree denying the request of the petitioners and no other
17proceedings may be held. If the court determines that the
18desirability of the proposed incorporation is supported by a
19preponderance of the evidence, the court shall certify the
20question of the proposed incorporation to the board of election
21of the county for a referendum vote of the residents of the
22proposed borough. Upon receipt of the certified election
23results, the court shall enter a final decree granting or
24denying the request of the petitioners.

25(c) Expenses.--The petition and the final decree granting or
26denying the petition shall be recorded in the recorder of deeds
27office of the county at the expense of the petitioners. The
28petitioners shall pay all other expenses and costs in connection
29with the proceedings.

30§ 203. (Reserved).

1§ 204. (Reserved).

2§ 205. Borough government and requisites of charter.

3(a) Time.--When the petition and the final decree granting
4the petition have been recorded, the area shall become an
5incorporated borough and shall be entitled to the rights,
6privileges and immunities conferred under this part, except as
7provided under section 211 (relating to temporary preservation, 
8organization and election of officers).

9(b) Charter.--The final decree of the court granting the
10petition shall constitute the charter of the borough. All
11charters granted under this part shall include:

12(1) The corporate name of the borough.

13(2) The boundaries of the borough.

14§ 206. Farmlands.

15If, in any petition for the incorporation of a borough, the
16boundaries fixed by the petitioners embrace lands exclusively
17used for the purposes of farming, the court may, if it deems the
18land does not properly belong to the proposed borough and at the
19request of any party aggrieved, change the boundaries to exclude
20the land used for farming.

21§ 207. Corporate name.

22The corporate name of a borough incorporated under this part
23shall be "The Borough of ."

24§ 208. (Reserved).

25§ 209. (Reserved).

26§ 210. Certificates.

27(a) Decree.--When a borough is created, the clerk of courts 
28in each county affected shall, within 30 days of the creation,
29certify to the Department of State, the Department of
30Transportation, the Department of Community and Economic

1Development and the county planning commission a copy of the
2decree of court incorporating the borough. The clerk may impose
3a fee of $3.50 as part of the costs of the proceeding for the
4services under this subsection.

5(b) Penalty.--Any clerk of the court who fails, neglects or
6refuses to furnish the certifications as provided under this
7part commits a summary offense and shall pay a fine of not more
8than $50.

9§ 211. Temporary preservation, organization and election of
10officers.

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

12(1) A newly incorporated area under section 201
13(relating to contiguous areas) shall continue to be governed
14as before the incorporation until the first Monday of January
15following the municipal election after the issuance of the
16final decree establishing the new borough.

17(2) After a newly incorporated area is no longer
18governed as before the incorporation under paragraph (1), the
19officers of the borough who are elected, under section 805
20(relating to election after creation), at the municipal or
21special election shall begin their terms of office, and the
22borough government shall be considered to be duly organized
23under this part.

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

25(1) the next municipal election occurring at least 90
26days following the issuance of the decree establishing the
27borough; or

28(2) at the request of the petitioners, a special
29election called by the court of common pleas.

30(c) Special election.--If a special election is held under

1subsection (b)(2), the court shall do all of the following:

2(1) Fix the time, place and manner of holding the
3special election.

4(2) Designate an individual to give notice of the
5special election and the manner of the special election.

6(3) Appoint from among the electors of the newly
7established borough a judge and inspectors to hold the
8election.

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

10(1) Municipal officers elected at a special election
11held under subsection (c) shall serve until the first Monday
12in January following the next succeeding municipal election.

13(2) The successors of municipal officers under paragraph
14(1) shall be elected as provided under section 805 and shall
15take office upon completion of municipal officer's service
16under paragraph (1).

17§ 212. Boundaries.

18The boundaries of the borough shall, as soon as practicable
19after its incorporation, be appropriately marked. Prior to
20marking the boundaries, notice shall be provided, as directed by
21the court, to the governing bodies of adjoining municipal
22corporations.

23§ 213. Adjustment of indebtedness.

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

25(1) After the election of a council under section 211
26(relating to temporary preservation, organization and
27election of officers) when a borough is newly incorporated,
28the council and the governing body of the township from which
29the borough was created shall make an equitable adjustment
30and apportionment of all the public real and personal

1property owned by the township at the time of the
2incorporation of the borough.

3(2) Except as provided under paragraph (3), the property
4under paragraph (1) shall include funds and indebtedness.

5(3) If adjusting property and indebtedness under
6paragraph (1), streets, sewers and utilities may not be
7considered except to the extent that current and unpaid
8indebtedness was incurred for the construction and
9improvement of the property.

10(b) Proportion.--In making the adjustment and apportionment
11under subsection (a), the following shall apply:

12(1) The borough shall be entitled to a division of the
13property and indebtedness in the same proportion that the
14assessed valuation of the taxable real estate included within
15the territorial limits of the newly incorporated borough
16bears to the assessed valuation of the taxable real estate in
17the entire township immediately prior to the incorporation of
18the borough. The township shall be entitled to the remainder
19of the property and indebtedness.

20(2) If indebtedness was incurred by the township for an
21improvement located wholly within the territorial limits of
22the newly incorporated borough, the indebtedness shall be
23assumed by the borough.

24(3) If only part of the improvement is located within
25the newly incorporated borough, the part of the indebtedness
26representing the part of the improvement located within the
27borough shall be assumed by the borough, and the adjustment
28and apportionment of any remaining debt shall be retained by
29the township.

30(c) Form.--The adjustment and apportionment made under this

1section must meet all of the following:

2(1) Be in writing and duly executed and acknowledged by
3the secretary or clerk of the township and the secretary of
4the borough.

5(2) Be filed in the office of the clerk of the court of
6common pleas of the county.

7(3) Be filed as a copy with the Department of Community
8and Economic Development.

9§ 214. Judicial adjustment.

10(a) Petition.--If the governing bodies of the township and
11the borough cannot make an amicable adjustment and apportionment
12of the property and indebtedness within six months after the
13government of the newly incorporated borough is established, the
14supervisors of the township or the council of the borough may
15present a petition to the court of common pleas requesting a
16judicial adjustment.

17(b) Appointment.--After receiving a petition under
18subsection (a), the court shall appoint three disinterested
19commissioners who meet all of the following requirements:

20(1) Are residents and taxpayers of the county.

21(2) Are not residents of or own real estate in the
22township or borough.

23(c) Report.--The individuals appointed under subsection (b)
24shall hold a hearing and make a report to the court containing
25an adjustment and apportionment of all the property and the
26indebtedness between the township and the borough. Notice shall
27be made to the township and borough as provided by the court.
28The report shall state the amount due and payable from the
29borough or the township to the other entity and the amount of
30indebtedness that shall be assumed by the borough or the

1township.

2§ 215. Judicial adjustment award proceedings.

3(a) Notice.--The commissioners shall give the township and
4the borough at least five days' notice of the filing of the
5report under section 214(c) (relating to judicial adjustment).

6(b) Exceptions.--Unless exceptions are filed to the report
7within 30 days after the date of the filing, the report shall be
8confirmed by the court.

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

10(1) Any sum awarded by the report to the township or
11borough shall be a legal and valid claim in its favor against
12the borough or township charged with the sum.

13(2) Any real or personal property given to the township
14or borough shall become its respective property.

15(3) Any claim or indebtedness charged against the
16borough or township may be collected from the borough or the
17township.

18§ 216. Exceptions.

19If exceptions are filed to the report under section 214(c)
20(relating to judicial adjustment), the court shall dispose of
21the exceptions and shall enter its decree confirming or
22modifying the award.

23§ 217. Compensation, expenses and costs.

24The commissioners under section 214(b) (relating to judicial
25adjustment) shall receive compensation and expenses for their
26services as provided by the court. The costs of the proceedings,
27including the compensation and expenses of the commissioners,
28shall be apportioned by the court between the borough and
29township.

30§ 218. Territory located in multiple counties.

1If territory included within the limits of a newly
2incorporated borough is located in at least two counties, the
3court of common pleas of the county where the larger part of the
4territory of the borough is located shall have exclusive
5jurisdiction over the proceedings to adjust and apportion the
6indebtedness between the borough and township.

7§ 219. Bond issues and taxation.

8In any proceeding to adjust and apportion indebtedness, the
9township or the borough shall have power to issue and deliver to
10the borough or township interest-bearing bonds in liquidation of
11the indebtedness ascertained, to be its proportionate share
12payable, if the bonds are acceptable to the borough or township
13or townships entitled to receive the bonds. The court may make
14necessary orders for the collection and payment by the township
15or townships or borough of the amount needed to pay its share of
16any indebtedness apportioned to it by special taxes to be
17collected in one year, or by annual installments.

18SUBCHAPTER B

19CONSOLIDATION

20(Reserved)

21SUBCHAPTER C

22CREATION FROM CITIES OF THE THIRD CLASS

23Sec.

24231. Procedure.

25232. Filing, notice and return.

26233. Borough government.

27234. Effect.

28235. Costs and expenses.

29§ 231. Procedure.

30(a) Petition.--The court of common pleas shall, upon

1petition of at least 10% of the registered electors of any city
2of the third class, order an election to be held at the next
3general, municipal or primary election occurring at least 90
4days after the presentation of the petition.

5(b) Vote.--The electors shall, at the election under
6subsection (a), vote for or against the change of the charter of
7the city to a borough charter and the adoption of the borough
8form of government.

9(c) Contents.--A petition under subsection (a) shall
10indicate all of the following:

11(1) The inhabitants of the city desire to do all of the
12following:

13(i) Change the charter of the city to a borough
14charter.

15(ii) Be governed by the laws of the Commonwealth
16relating to boroughs.

17(2) The city has had a city form of government for a
18period of at least five years.

19(3) The name of the proposed borough.

20(d) Required electors.--The number of registered electors
21required to sign the petition shall be determined as of the date
22the petition is filed.

23§ 232. Filing, notice and return.

24(a) Filing.--Upon presentation of a petition under section
25231 (relating to procedure), the court shall determine whether
26the petition meets the requirements under section 231. If the
27requirements are met, the court shall:

28(1) Enter an appropriate order requiring an election.

29(2) Direct that the petition shall be filed with the
30clerk of the court and that a copy of the petition and order

1of court shall be filed with the county board of elections.

2(b) Notice.--Notice of the time and purpose of the election
3under subsection (a) shall be given in at least one newspaper of
4general circulation of the proper county once a week for four
5consecutive weeks. The publication of the notice shall be made
6on behalf of the petitioners and shall be in the form approved
7by the court.

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

9(1) The county board of elections shall frame the proper
10question to be submitted to the electors at the election
11ordered by the court.

12(2) The county board of elections shall make a return of
13the vote cast on the question submitted to the clerk of the
14court of common pleas. The return shall be filed with the
15petition.

16(3) If a majority of those voting on the question
17submitted were in favor of the change of the city charter to
18a borough charter, the court shall order that the record of
19the proceedings be recorded in the office for the recording
20of deeds of the county, and the record shall constitute the
21charter of the borough under the name provided in the
22petition. The recorder of deeds in each county affected shall
23certify to the Department of State, the Department of
24Transportation, the Department of Community and Economic
25Development and the county planning commission a copy of the
26record constituting the charter of the borough.

27(4) If a majority of those voting on the question
28submitted were against the change of the city charter to a
29borough charter, the same question may not be submitted for a
30period of five years following the election.

1§ 233. Borough government.

2(a) City.--When the record of the proceedings under section
3232 (relating to filing, notice and return) is recorded, the
4city form of government shall continue in operation until the
5first Monday of January after the first municipal election,
6occurring at least 90 days after the recording of the record.

7(b) Borough.--After the city form of government is no longer
8in operation under subsection (a), the borough government shall
9be organized by the officers elected at the municipal election
10in accordance with section 805 (relating to election after
11creation).

12§ 234. Effect.

13(a) Property.--When the borough government is formed, the
14property and assets of the city shall become the property of the
15borough, and the change of government shall not do any of the
16following:

17(1) Affect any of the following:

18(i) Liabilities incurred.

19(ii) Rights accrued or vested.

20(iii) Obligations issued or contracted.

21(iv) Suits or prosecutions pending or instituted to
22enforce any right or penalty accrued.

23(2) Punish any offense committed prior to the formation.

24(b) Ordinances.--Ordinances of the former city shall
25continue in force in the new borough until altered or repealed.

26(c) Wards and districts.--Wards and election districts of
27the city shall become the wards and election districts of the
28borough until altered or changed. In the election of members of
29council from the several wards, two members of council shall be
30elected from each ward, unless changed as provided by law.

1(d) Office.--All constables and election officers in office
2in the city at the time the borough government is organized
3shall remain in office until the expiration of their respective
4terms of office.

5§ 235. Costs and expenses.

6(a) Petitioners.--Except as provided under subsection (b),
7the costs and expenses of proceedings to change the charter of a
8city to a borough, including all costs of advertising, shall be
9paid by the petitioners.

10(b) Exception.--If the vote of electors to change the
11charter of a city to a borough is in favor of the change, the
12cost and expenses under subsection (a) shall be paid by the
13city.

14SUBCHAPTER D

15CONSOLIDATION OR MERGER AND

16CHANGE OF CORPORATE NAME

17Sec.

18241. Consolidation or merger.

19242. Change of corporate name.

20§ 241. Consolidation or merger.

21A borough may be merged or consolidated into a new or
22existing municipal corporation in accordance with 53 Pa.C.S. Ch.
237 Subch. C (relating to consolidation and merger).

24§ 242. Change of corporate name.

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

26(1) If the corporate name of a borough differs from the
27name of the borough in general usage or from the post office
28designation due to minor discrepancies in spelling,
29capitalization or the manner of compounding the elements of
30the name, the court of common pleas, upon petition, may

1change the name of the borough to conform to the name in
2general usage or to the post office designation.

3(2) The petition under paragraph (1) may be presented by
4any of the following:

5(i) Council, pursuant to a resolution.

6(ii) At least 5% of the registered electors of the
7borough.

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

9(1) Upon the presentation of a petition under subsection
10(a), the court shall set and provide notice of a hearing
11date. An inhabitant of the borough may remonstrate against
12the granting of the petition at the hearing.

13(2) If the court grants the petition, the decree of the
14court shall be recorded, and the corporate name of the
15borough shall be as provided in the petition from the date of
16recording.

17(c) Dissemination of decree.--The recorder of deeds in each
18county affected shall certify to the Department of State, the
19Department of Transportation, the Department of Community and
20Economic Development and the county planning commission a copy
21of the decree changing the corporate name of the borough.

22(d) Force and effect.--A change of corporate name shall not
23affect any of the following:

24(1) Liabilities incurred.

25(2) Rights accrued or vested.

26(3) Obligations issued or contracted.

27(4) Any suits or prosecutions pending or instituted to
28enforce any right or penalty accrued or to punish any offense
29committed prior to the change.

30CHAPTER 3

1ANNULMENT OF CHARTERS AND

2CHANGE OF CORPORATE NAMES

3(Reserved)

4CHAPTER 4

5CHANGE OF LIMITS

6(Reserved)

7CHAPTER 5

8BOUNDARIES

9Sec.

10501. Stream boundaries.

11502. Petition and establishment of disputed boundaries.

12503. Commissioners and report.

13504. Exceptions and procedure.

14505. Compensation, expenses and costs.

15506. Boundary monuments.

16§ 501. Stream boundaries.

17If a borough is bounded by the nearest margin of a navigable
18stream and the opposite municipal corporation is also bounded by
19the nearest margin of the same stream, the middle of the stream
20shall be the boundary between the borough and the opposite
21municipal corporation. Nothing under this section shall be
22construed to repeal any local or special law contrary to this
23section.

24§ 502. Petition and establishment of disputed boundaries.

25The court of common pleas may, upon presentation of a
26petition, ascertain and establish disputed boundaries between a
27borough and another municipal corporation. If a petition is
28presented, the court may require the petitioners to file a bond
29in a sufficient amount to secure the payment of all costs of the
30proceeding.

1§ 503. Commissioners and report.

2(a) Appointment.--Upon application by petition under section
3502 (relating to petition and establishment of disputed
4boundaries), the court shall appoint three impartial individuals
5as commissioners, one of whom must be a surveyor or registered
6engineer.

7(b) Hearing.--After giving notice to interested parties and
8upon publication of the petition, as directed by the court, the
9commissioners shall hold a hearing and view the disputed lines
10and boundaries.

11(c) Report.--A majority of the commissioners shall issue the
12report and recommendations to the court, accompanied by a plot
13or draft of the lines and boundaries proposed to be ascertained
14and established if the lines and boundaries cannot be fully
15designated by natural lines or boundaries.

16(d) Confirmation.--The court shall confirm the report under
17subsection (c) upon filing and subject to exceptions filed under
18section 504 (relating to exceptions and procedure). The court
19may direct publication of the report and require notice to be
20given by the petitioners to the interested parties.

21§ 504. Exceptions and procedure.

22(a) Filing.--Exceptions to the report under section 503(c)
23(relating to commissioners and report) may be filed within 30
24days after the filing of the report by an interested person or
25political subdivision. The court shall set and provide notice of
26a hearing on the exceptions.

27(b) Hearing.--After a hearing under subsection (a), the
28court may sustain or dismiss the exceptions and confirm the
29report or refer the report back to the same or new commissioners
30with the authority to make another report.

1(c) Decree.--If no exceptions are filed within 30 days after
2the filing of the report, the court shall confirm the report. If
3a report is confirmed, the court shall:

4(1) Enter a decree ascertaining and establishing the
5lines and boundaries as shown in the report.

6(2) Direct publication of the decree under paragraph
7(1).

8§ 505. Compensation, expenses and costs.

9The compensation and expenses of commissioners appointed
10under section 503(a) (relating to commissioners and report)
11shall be in a reasonable amount as approved by the court. The
12court shall, by order, provide how costs and expenses of the
13proceedings, including the furnishing and placing of monuments,
14shall be paid and may assess the costs individually or in
15apportioned amounts against the following:

16(1) The petitioners.

17(2) The borough.

18(3) Any interested municipal corporation.

19§ 506. Boundary monuments.

20The court shall order that a borough line ascertained and
21established under this chapter will be appropriately marked.

22CHAPTER 6

23WARDS

24Sec.

25601. Creation and alteration.

26602. Petition of electors.

27603. Notice of ordinance.

28604. (Reserved).

29605. (Reserved).

30606. Terms of officers.

1606.1. Construction of chapter.

2607. (Reserved).

3§ 601. Creation and alteration.

4(a) Council.--In addition to reapportionment initiated in
5accordance with 53 Pa.C.S. Pt. II Ch. 9 (relating to municipal
6reapportionment) and section 11 of Article IX of the
7Constitution of Pennsylvania, a council may, by ordinance, do
8any of the following:

9(1) Divide boroughs into wards.

10(2) Erect new wards out of two or more adjoining wards
11or parts of wards.

12(3) Consolidate two or more wards into one ward.

13(4) Divide any ward already erected into two or more
14wards.

15(5) Alter the lines of two or more adjoining wards or
16cause the lines or boundaries of wards to be ascertained or
17established.

18(6) Abolish all wards.

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

20(1) No borough may be divided or redivided into more
21than 13 wards.

22(2) The following shall apply:

23(i) No ward may be created containing less than 300
24registered electors.

25(ii) Any ward which contains less than 350
26registered electors after December 31, 1965, may be
27abolished, and the territory of the ward shall be
28distributed among the remaining wards as determined by
29council.

30(iii) All wards in existence prior to January 1,

11966, shall remain as established, until altered or
2divided as provided under this chapter.

3(c) Members of council.--If a ward is abolished under this
4section and the number of wards in a borough is reduced to less
5than five, a member of council in an abolished ward shall
6continue in office for his elected term and shall become a
7member of council at large from the borough.

8(d) Composition.--All wards in the borough shall be numbered
9and composed of compact and contiguous territory as nearly equal
10in population as practicable as officially and finally reported
11in the latest official census.

12§ 602. Petition of electors.

13(a) Council.--At least 5% of registered electors of the
14borough or, for a proposal affecting only a portion of the
15borough, at least 5% of the registered electors of the ward
16which would be affected by the proposal may petition council to
17initiate proceedings under section 601 (relating to creation and
18alteration) and may present to council a plot showing the
19boundaries of the proposed wards of the borough. Council shall,
20by motion approved by a majority of council and within 90 days
21of presentment of the petition, determine whether to initiate
22proceedings under section 601.

23(b) Court of common pleas.--If council has not approved a
24motion within 90 days after the presentment of a petition under
25subsection (a), ten registered electors may petition the court
26of common pleas and contest the existing apportionment as
27violating section 601(b) or (d). The proceedings before the
28court shall be conducted in accordance with 53 Pa.C.S. §§ 906
29(relating to contest of reapportionment by governing body) and
30907 (relating to costs and expenses of contest).

1§ 603. Notice of ordinance.

2(a) Requirement.--Notice of an ordinance enacted in
3accordance with section 601 (relating to creation and
4alteration) shall be given by publication once in a newspaper of
5general circulation.

6(b) County board of elections.--A copy of the ordinance,
7along with a plot showing the boundaries of the wards
8established, shall be forwarded to the county board of
9elections.

10§ 604. (Reserved).

11§ 605. (Reserved).

12§ 606. Terms of officers.

13(a) Appointment.--Except as provided under subsection (b),
14if council divides a borough into wards, it shall request the
15court of common pleas to appoint for each ward a judge and two
16inspectors of election to hold elections until the officers of
17the ward may be elected.

18(b) Expiration.--Except as provided under subsection (a),
19officers in office at the time any changes are made under this 
20chapter shall remain in office until the expiration of the terms
21for which they have been elected. If a vacancy occurs, the
22vacancy shall be filled by the council, until the first Monday
23of January next succeeding the election at which the officers
24are to be elected, as provided under Chapter 8 (relating to 
25elections of officers).

26§ 606.1. Construction of chapter.

27Nothing under this chapter shall be construed as affecting
28any of the following:

29(1) The powers and duties of the court of common pleas
30or the county board of elections.

1(2) Restrictions on alteration of election districts as
2provided under Article V of the act of June 3, 1937
3(P.L.1333, No.320), known as the Pennsylvania Election Code.

4§ 607. (Reserved).

5CHAPTER 7

6ASSOCIATIONS AND ORGANIZATIONS

7Sec.

8701. State Association of Boroughs.

9701.1. Authorization and expenses.

10701.2. Compensation.

11702. County and regional associations of boroughs.

12703. Other associations and organizations.

13704. Associations and organizations for mayors.

14705. National or State lodge of police officers.

15§ 701. State Association of Boroughs.

16(a) Organization.--The boroughs of the Commonwealth may
17organize a State Association of Boroughs for the purpose of
18advancing the interests of the boroughs. A borough may join the
19State Association of Boroughs by motion of council and payment
20of the annual dues. Each borough, after becoming a member, shall
21pay reasonable dues as determined by the State Association of
22Boroughs.

23(b) Revenue.--Revenue received by the State Association of
24Boroughs shall be used to pay for services, publications and
25other expenses authorized or ratified by the State Association
26of Boroughs, or incurred on behalf of the State Association of
27Boroughs by its officers and committees.

28§ 701.1. Authorization and expenses.

29(a) Delegates.--Council may, by motion, designate one or
30more delegates from the elected or appointed officers of the

1borough to attend the annual meeting of the State Association of
2Boroughs, which shall be held in this Commonwealth in accordance
3with the procedure adopted by the State Association of Boroughs.

4(b) Nondelegates.--Council may, by motion, designate one or
5more elected or appointed officers or employees of the borough
6to attend the annual meeting of the State Association of
7Boroughs as nondelegates or to attend a conference, educational
8training or committee meeting of the State Association of
9Boroughs.

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

11(1) In addition to any compensation allowed under
12section 701.2 (relating to compensation), council may, for
13each delegate, elected or appointed officer or employee under
14subsection (a) or (b), pay the following expenses upon
15receipt of an itemized account of expenses:

16(i) The registration fee.

17(ii) Mileage for use of a personal vehicle or
18reimbursement of actual transportation expenses going to
19and returning from the annual meeting, conference,
20educational training or committee meeting of the State
21Association of Boroughs.

22(iii) Any actual expenses that the council may have
23agreed to pay.

24(2) Notwithstanding this subsection, at least one member
25of council shall be allowed the following expenses:

26(i) The registration fee.

27(ii) Lodging, meals, mileage for use of a personal
28vehicle or reimbursement of actual transportation
29expenses going to and returning from the meeting.

30(iii) Any actual expenses that the council may have

1agreed to pay.

2§ 701.2. Compensation.

3(a) Employees.--Council may authorize borough employees,
4including the mayor and members of council if they are employees
5of the borough, to be compensated at their regular employee
6rates during their attendance at the annual meeting or a
7conference, educational training or committee meeting of the
8State Association of Boroughs.

9(b) Nonemployees.--Council may authorize the mayor and any
10council member who is not employed by the borough to receive
11total or partial reimbursement for lost wages or salary,
12including those from self-employment, while attending the annual
13meeting or a conference, educational training or committee
14meeting of the State Association of Boroughs if sufficient
15documentation is presented to council to justify the
16reimbursement.

17(c) Amount.--The maximum time for which a borough employee
18or mayor or council member not employed by the borough shall be
19reimbursed for lost wages or salary while attending the annual
20meeting or a conference, educational training or committee
21meeting of the State Association of Boroughs shall be not more
22than four days, including time spent traveling to and from the
23event.

24(d) Executive members.--The council may authorize a mayor or
25any council member employed by the borough to be compensated at
26the mayor's or council member's regular employee rate and a
27mayor or council member who is not employed by the borough to
28receive total or partial reimbursement for lost wages or salary,
29including those from self-employment, if the mayor or council
30member attends a meeting for which the mayor or council member

1is an officer, a member of the board of directors, a member of
2the executive committee, a member of a standing committee or a
3trustee of the State Association of Boroughs, subject to the
4following which shall include time spent traveling to and from
5the event:

6(1) The compensation of a mayor or council member for
7attending a meeting of a standing committee of the State
8Association of Boroughs shall be limited to two days per year
9of regular employee rate compensation or lost wages or
10salary.

11(2) The compensation of a mayor or council member for
12attending a meeting for which the mayor or council member is
13a trustee for the State Association of Boroughs shall be
14limited to four days per year of regular employee rate
15compensation or lost wages or salary.

16(3) The compensation of a mayor or council member for
17attending a meeting for which the mayor or council member is
18an officer, member of the board of directors or a member of
19the executive committee of the State Association of Boroughs
20shall be limited to 15 days per year of regular employee rate
21compensation or lost wages or salary.

22(4) A mayor or council member identified under paragraph
23(1), (2) or (3) may not be compensated by the borough under
24this subsection if the mayor or council member receives
25compensation from the State Association of Boroughs or a
26board or committee of the State Association of Boroughs for
27attending the meeting.

28§ 702. County and regional associations of boroughs.

29(a) Organization.--The boroughs of any county or of two or
30more adjoining or nearby counties may organize a county or

1regional association of boroughs, composed of elected and
2appointed borough officers in the county, organized for the
3purpose of furthering the interests of the boroughs in the
4county or regional association of boroughs and their
5inhabitants.

6(b) Appropriation.--A borough may annually appropriate no
7more than $100 for the support of the county or regional
8association of boroughs.

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

10(1) The borough may pay the following expenses of each
11delegate for attendance at a meeting of the county or
12regional association of which the borough is a member:

13(i) The registration fee.

14(ii) Mileage for use of a personal vehicle or
15reimbursement of actual transportation expense going to
16and returning from the meeting.

17(iii) Any actual expenses that the council may have
18agreed to pay.

19(2) Every delegate attending the meeting shall submit to
20the council an itemized account of expenses incurred.

21(d) Compensation.--The council may authorize borough
22employees to be compensated at their regular employee rate
23during their attendance at a meeting of the county or regional
24association. The council solely may authorize the mayor and any
25council member who is not employed by the borough to receive
26total or partial reimbursement for lost wages or salary while
27attending the meeting if sufficient documentation is presented
28to the council to justify the reimbursement.

29(e) Other members.--A county or regional association of
30boroughs may admit representatives of political subdivisions

1other than boroughs within the county as members. Members
2admitted under this subsection shall may not participate in any
3matter of concern solely to boroughs.

4§ 703. Other associations and organizations.

5(a) Authorization.--A borough, by motion of council, may do
6any of the following:

7(1) Join associations and organizations other than
8associations and organizations referred to under this chapter
9concerned with municipal or governmental affairs.

10(2) Pay dues to and appropriate funds for the support of
11and participation in associations and organizations under
12paragraph (1).

13(3) Send delegates to meetings or conferences of
14associations and organizations under paragraph (1).

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

16(1) In addition to any compensation allowed by law for a
17delegate, the borough may pay the following expenses for each
18delegate under subsection (a)(3):

19(i) The registration fee.

20(ii) Mileage for use of a personal vehicle or
21reimbursement of actual transportation expense going to
22and returning from the meeting or conference.

23(iii) Any expenses that the council may have agreed
24to pay.

25(2) Every delegate under subsection (a)(3) shall submit
26to the council an itemized account of expenses incurred.

27(3) The council may authorize borough employees to be
28compensated at their regular employee rate during their
29attendance at an annual meeting or conference of an
30association or organization under paragraph (1). The time

1spent in attending the meeting or conference may not be more
2than four days, including the time traveling to and from the
3meeting or conference.

4(b) Professional and educational meetings.--A borough may,
5by motion of council, do any of the following:

6(1) Authorize any of its officers and employees to
7attend any of the following:

8(i) Meetings of professional organizations and
9associations.

10(ii) Educational training sessions for individuals
11holding the same or similar office or employment.

12(2) Pay all or a portion of the necessary expenses
13incident to an individual's attendance at meetings or
14sessions under paragraph (1).

15(c) Itemized account.--Every individual attending a
16conference, meeting or educational training session under this
17section shall submit to the council an itemized account of the
18individual's expenses, including traveling expenses or mileage,
19that council may have agreed to pay.

20§ 704. Associations and organizations for mayors.

21(a) Authorization.--A mayor may join a mayors' association,
22and council shall pay reasonable dues of up to $100 for each
23mayor belonging to the mayors' association. The mayor may attend
24the annual meeting of the mayors' association, which shall be
25held in this Commonwealth in accordance with the procedure
26adopted by the mayors' association.

27(b) Expenses.--A mayor may receive the following expenses
28for attending the annual meeting under subsection (a):

29(1) The registration fee.

30(2) Lodging, meals, mileage for use of a personal

1vehicle or reimbursement of actual transportation expense
2going to and returning from the meeting.

3(3) Any actual expenses that the council may have agreed
4to pay.

5(c) Itemized account.--Every mayor attending the annual
6meeting under subsection (a) shall submit to the council an
7itemized account of expenses incurred at the annual meeting of
8the mayors' association. The time spent in attending the annual
9meeting may not be more than four days, including time
10traveling to and from the meeting.

11§ 705. National or State lodge of police officers.

12(a) Authorization.--A council may grant a borough employee
13who is a duly elected representative of a State lodge of police
14officers or a local lodge which is a part of any national or
15State lodge of police officers a leave of absence with pay to
16attend an annual national or State convention or conference of
17the lodge, for a period not to exceed four days, including
18necessary time for travel to and from the convention or
19conference.

20(b) Certification.--An employee receiving time off with pay
21under subsection (a) shall, upon return, submit to the
22employee's immediate superior a certificate testifying to the
23employee's attendance at the convention or conference, signed by
24at least two responsible officers of the convention or
25conference.

26(c) Limitation.--No more than two elected representatives
27who are employees of the same borough may attend a convention or
28conference on behalf of a lodge under this section.

29CHAPTER 8

30ELECTIONS OF OFFICERS

1Subchapter

2A. General Provisions

3B. Members of Council

4C. Mayor (Reserved)

5D. Auditors (Reserved)

6E. Controller (Reserved)

7F. Assessors (Reserved)

8G. Tax Collector (Reserved)

9SUBCHAPTER A

10GENERAL PROVISIONS

11Sec.

12801. Eligibility.

13802. Time and place.

14803. Certificates.

15804. Term and bonds.

16805. Election after creation.

17806. Officers elected.

18§ 801. Eligibility.

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

20(1) Except as provided under subsection (c), only
21registered electors of the borough shall be eligible to
22elective borough offices.

23(2) Before being sworn into office, each elected borough
24officer shall present a signed affidavit to the borough
25secretary that states that the officer resides in the borough
26from which elected and has resided in the borough
27continuously for at least one year immediately prior to the
28officer's election.

29(b) Incompatible offices.--A school director or a trustee of 
30a charter school may not be elected to an elective borough

1office. No individual may hold more than one elective borough
2office at the same time.

3(c) Exception.--A borough with a population of less than 150
4may permit residents that have not resided in the borough
5continuously for at least one year immediately before the
6election to be eligible to hold office.

7§ 802. Time and place.

8Elections for borough officers shall be at the time and place
9designated by law for the holding of municipal elections.

10§ 803. Certificates.

11Certificates of election of all borough officers shall be
12filed with the borough secretary and preserved among the records
13of the borough for a period of six years.

14§ 804. Term and bonds.

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

16(1) Except as provided under paragraph (2), an
17individual elected to a borough office shall serve for the
18term for which the individual was elected.

19(2) If a vacancy in office occurs, it shall be filled in
20the manner provided under this part.

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

22(1) Except as provided under paragraph (2), if an
23elected official of a borough is required to give a bond for
24the faithful performance of the elected official's duties,
25the borough may pay the premium for the bond.

26(2) A borough shall pay a proportionate share of the
27cost of a tax collector's bond within the same ratio as the
28amount of borough taxes bears to the total amount of all
29taxes indicated by the tax duplicate to be collected by the
30tax collector during the year preceding the date the premium

1is due.

2§ 805. Election after creation.

3(a) Officers.--The officers of a borough provided for under
4section 806 (relating to officers elected) shall be elected at
5the appropriate municipal election and take office on the first
6Monday of January succeeding the election if any of the
7following occur:

8(1) A borough is incorporated under Subchapter A of
9Chapter 2 (relating to incorporation).

10(2) At least two boroughs are consolidated under 53
11Pa.C.S. Ch. 7 Subch. C (relating to consolidation and
12merger).

13(3) A borough is created from a city of the third class
14under Subchapter C of Chapter 2 (relating to creation from
15cities of the third class).

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

17(1) Except as provided under paragraph (2) and at the
18election under subsection (a), if a borough is not divided
19into wards, the following members shall be elected to
20coincide with the number of members of council elected in
21boroughs existing on January 1, 1966, under section 811
22(relating to election):

23(i) Three or four members of council shall be
24elected for terms of two years each.

25(ii) Three or four members of council shall be 
26elected for terms of four years each.

27(2) One member of council shall be elected from each
28ward for a term of two years and one member of council shall
29be elected from each ward for a term of four years in any of
30the following:

1(i) A consolidation of two or more boroughs into one
2borough.

3(ii) The creation of a borough from a city of the
4third class.

5(iii) If two members of council are to be elected
6from each ward.

7(3) In any borough under subsection (a), three auditors
8shall be elected as follows:

9(i) One for a term of two years.

10(ii) One for a term of four years.

11(iii) One for a term of six years.

12(4) Any officers of a borough not listed under this
13section shall be elected for terms of two or four years to
14coincide with the terms of officers elected under this part 
15in the existing boroughs.

16§ 806. Officers elected.

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

18(1) A mayor, who shall be elected at municipal elections
19every four years.

20(2) A tax collector, who shall be elected at municipal
21elections every four years and must be a properly qualified
22individual. A magisterial district judge may not hold the
23office of tax collector and the office of magisterial
24district judge at the same time.

25(3) Unless the borough provides for one appointed
26auditor under section 1005(7) (relating to powers of 
27council), three auditors or one controller. The following
28shall apply:

29(i) In boroughs providing for three elected
30auditors, one auditor shall be elected at each municipal

1election for a term of six years.

2(ii) In boroughs providing for one elected
3controller, the controller shall:

4(A) be elected at the municipal election;

5(B) be a competent accountant and a registered
6elector of the borough for at least four years prior
7to the individual's election; and

8(C) serve for a term of four years.

9(4) As follows:

10(i) Except as provided under subparagraph (ii), in
11boroughs not divided into wards, seven members of
12council.

13(ii) In a borough with a population of less than
143,000 as determined by the latest official census, the
15total number of members of council may be reduced from
16seven to five or to three upon petition to the court of
17common pleas, as provided under section 818 (relating to 
18decrease in number of members of council).

19(5) As follows:

20(i) Except as provided under subparagraph (ii), in
21boroughs divided into wards, at least one and not more
22than two members of council in each ward.

23(ii) In boroughs in which prior to January 1, 1966, 
24three members of council were elected in each ward, three
25members of council in each ward unless the number is
26reduced as provided under this part. Members of council
27shall:

28(A) be residents of the ward from which they are
29elected; and

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

1(b) Terms.--The term of an elected officer under this
2section shall begin the first Monday of January succeeding the
3individual's election.

4SUBCHAPTER B

5MEMBERS OF COUNCIL

6Sec.

7811. Election.

8812. Election of members of council.

9813. Fixing number of members of council.

10814. Increase in number of ward council members.

11815. Decrease of number of ward council members.

12816. Election of members of council where wards abolished.

13817. Vacancies created after a primary election.

14818. Decrease in number of members of council.

15§ 811. Election.

16Biennially, at the municipal election, a sufficient number of
17members of council shall be elected to fill the places of
18members whose terms shall, under this part, expire on the first
19Monday of January following the election. Members elected under
20this section shall serve for a term of four years from the first
21Monday of January succeeding the municipal election.

22§ 812. Election of members of council.

23(a) General rule.--If council, by ordinance, divides any
24borough into wards, erects new wards out of two or more wards or
25parts of wards or divides a ward already erected into two or
26more wards, the ordinance shall provide for the election of an
27equal number of members of council, in each of the wards, in a
28manner as not to interfere with the terms of those previously
29elected.

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

1(1) If a borough is first divided into wards, the
2ordinance providing for the division shall fix the number of
3members of council in each ward at not more than two. If the
4entire number of council is to be composed of an even number,
5one-half of the entire number must be elected at each
6municipal election. If the entire number of council is to be
7an odd number, the ordinance shall establish two classes and
8provide that one-half of the entire number of members of
9council, less one, shall, as soon as possible, take their
10office in a year divisible by four, and the remaining number
11of members of council shall take their office in an even-
12numbered year not divisible by four.

13(2) The apportionment under paragraph (1) shall be equal
14or as nearly equal as possible representation by wards in
15each class. Biennially, at each municipal election, a
16sufficient number of members of council shall be elected, for
17the term of four years from the first Monday of January
18succeeding the election, to fill the places of those whose
19terms shall expire on the first Monday of January following
20the election.

21§ 813. Fixing number of members of council.

22If, upon the division of a borough into wards or the creation
23of a new ward, the number of members of council cannot be
24equally divided among the wards of the borough, it shall be
25lawful for council to increase the number of council members to
26and not exceeding a number that will enable equal apportionment
27of the members among the several wards of the borough. If a
28borough is first divided into wards, the number of members of
29council provided for a ward may not exceed two.

30§ 814. Increase in number of ward council members.

1Council may, upon petition of at least 5% of the registered
2electors of the borough, increase the number of members of
3council to any number not exceeding two for each ward. The
4sufficiency of the number of signers to the petition shall be
5ascertained as of the date when the petition is presented to
6council.

7§ 815. Decrease of number of ward council members.

8(a) General rule.--If, in any borough divided into wards,
9the council consists of more than seven members, at least 5% of
10the registered electors of the borough shall have the power to
11petition council for a decrease in the number of members of
12council from each ward, except that the council may not consist
13of less than seven members. The purpose of the decrease may be
14to achieve any of the following results:

15(1) A council which is less unwieldy in size.

16(2) A council which is comparable in size to those in
17boroughs not divided into wards.

18(3) A council consisting of an odd number of members
19instead of an even number.

20(4) A reduction in borough expenditures.

21(5) The expedition of the conduct of council meetings.

22(b) Petitions.--A petition under subsection (a) shall
23clearly state whether the petitioners request that the number of
24members of the council to be elected in each ward shall be
25reduced from two to one, or from three to two or one, and the
26reasons why the reduction in number is desired. The petition may
27state whether it is necessary to add a council member or members
28to be elected at large in order to achieve or maintain a council
29consisting of at least seven members or to achieve or maintain a
30council consisting of an odd number of members. The sufficiency

1of the number of signers to the petition shall be ascertained as
2of the date the petition is presented to council.

3(c) Notice.--The council shall give notice of the filing of
4the petition by advertisement in the legal newspaper of the
5county, if one is published in the county, and in one newspaper
6of general circulation, and a day and time for a public meeting.
7After the public meeting council may, by ordinance, decrease the
8number of council members elected from each ward from two to
9one, or from three to two or one, and may also provide for the
10election at large of a member or members of council.

11(d) Terms.--Council shall, if necessary, establish a
12schedule for the subsequent at-large election of council
13members. The schedule may provide that the initial term of one
14or more of the council members subsequently elected at large
15shall be reduced to accommodate a schedule of staggered at-large
16elections to eventually ensure that, as nearly as possible, one-
17half of the members of council elected at large will be elected
18at each municipal election. The following shall apply:

19(1) At each municipal election in the borough, if there
20are two members from each ward, the electors of each ward
21shall elect one council member to hold office for a term of
22four years from the first Monday of January succeeding the
23election.

24(2) At each municipal election in the borough, if there
25is one member from each ward, the electors from each of the
26odd-numbered wards shall, at the first municipal election,
27elect one council member for a term of four years, and the
28electors from each of the even-numbered wards shall elect one
29council member for a term of two years. At each succeeding
30municipal election, the electors of the even-numbered wards

1or odd-numbered wards shall each elect one council member for
2a term of four years to take the place of those whose terms
3are about to expire. The council members shall take office on
4the first Monday of January following their election.

5(e) Reduction.--In a borough where, under this section, the
6number of council members shall be reduced, the council members
7then in office shall remain in office until the end of their
8respective terms.

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

10(a) Abolishing.--If council, by ordinance, abolishes all
11wards in a borough, the ordinance shall provide for the election
12of seven members of council at large for the borough in a manner
13as not to interfere with the terms of those ward members of
14council previously elected. If there were previously:

15(1) Seven members of council, the ordinance shall
16provide that, at the first municipal election, the electors
17shall elect three or four members of council, as the case may
18be, the number to be elected shall be that which, when added
19to the number of members of council already in office whose
20terms are not about to expire, shall bring the membership of
21the council to seven. The newly elected members of council
22shall serve for terms of four years from the first Monday of
23January following the first municipal election, except that,
24in any case where the election of four members of council
25shall be required to bring the membership of council to its
26full complement of seven and only three members of council
27are elected at the municipal election in the other boroughs
28of the Commonwealth not divided into wards, three members of
29council shall be elected for four-year terms and one for a
30two-year term. At every succeeding municipal election, the

1electors shall elect three or four members of council, as the
2case may be, each to serve for a term of four years from the
3first Monday of January following the municipal election.

4(2) Eight or more members of council, the ordinance
5shall provide that, at the first municipal election, the
6electors shall elect a sufficient number of members of
7council that, when added to the number of members of council
8already in office whose terms are not about to expire, will
9bring the membership of the council to seven. The following
10shall apply:

11(i) The newly elected members of council shall serve
12for terms of four years from the first Monday of January
13following the first municipal election. At the second
14municipal election after the effective date of the
15ordinance, the electors shall elect a sufficient number
16of members of council, that, when added to the number of
17members of council elected at the previous municipal
18election, shall bring the membership of council to its
19full complement of seven. Some of the members of council
20elected at the second municipal election shall serve for
21a four-year term following the first Monday of January
22following the municipal election and the remainder shall
23serve for a two-year term, in an amount to bring the
24number to be elected in the borough in succeeding
25municipal elections into conformity with the number
26elected in the other boroughs of the Commonwealth not
27divided into wards.

28(ii) In the third and all subsequent municipal
29elections following the effective date of the ordinance,
30the electors shall elect three or four members of

1council, as the case may be, each to serve for a term of
2four years from the first Monday of January following the
3municipal election.

4(iii) In any borough in which, under the ward system
5of electing members of council, there shall be seven or
6more members of council whose terms shall not expire on
7the first Monday of January following the first municipal
8election after the effective date of the ordinance, no
9members of council shall be elected at the first
10municipal election, and the members of council remaining
11in office shall constitute the council until the first
12Monday of January following the second municipal election
13following the effective date of the ordinance.

14(iv) At the second municipal election, seven members
15of council shall be elected in the borough, some to serve
16for a four-year term of office from the first Monday of
17January following the second municipal election and the
18remainder to serve for a two-year term, in an amount to
19bring the number of members of council to be elected in
20the borough in succeeding elections into conformity with
21the number elected in other boroughs of the Commonwealth
22not divided into wards.

23(v) At the third and all subsequent municipal
24elections following the effective date of the ordinance,
25the electors shall elect three or four members of
26council, as the case may be, each to serve for a term of
27four years from the first Monday of January following the
28subsequent municipal election.

29(3) Six or fewer members of council, the ordinance shall
30provide that, at the first municipal election, the electors

1shall elect a sufficient number of members of council that,
2when added to the number of members of council already in
3office whose terms are not about to expire, shall bring the
4membership of council to its full complement of seven. Of the
5newly elected members of council, either three or four, as
6necessary to bring the number of members of council to be
7elected in the borough in succeeding municipal elections into
8conformity with the number elected in other boroughs of the
9Commonwealth not divided into wards, shall be elected for
10four-year terms of office, beginning the first Monday of
11January following the first municipal election, and the
12balance shall be elected for two-year terms. At the second
13municipal election following the effective date of the
14ordinance and at all subsequent municipal elections, the
15electors shall elect three or four members of council, as the
16case may be, to serve for a term of four years from the first
17Monday of January following the subsequent municipal
18election.

19(b) Vacancies.--At any time following the effective date of
20the ordinance, when a vacancy may occur in the office of a
21member of council originally elected or appointed from a
22particular ward, the individual appointed to fill the vacancy
23shall not be required to be a resident of the area formerly
24comprising the ward but shall be otherwise qualified for office
25as provided in section 801 (relating to eligibility).

26§ 817. Vacancies created after a primary election.

27If a vacancy is created in the office of a member of council
28by any ordinance or decree of court as provided in this
29subchapter after a primary election, it may be filled by
30nomination made by the committee as is authorized by the rules

1of the party to make nominations in the event of vacancies on
2the party ticket.

3§ 818. Decrease in number of members of council.

4(a) Petition by electors.--The court of common pleas may,
5upon petition of at least 5% of the registered electors of any
6borough not divided into wards, which, according to the latest
7official census, had a population of not more than 3,000, reduce
8the total number of members of council for the borough from
9seven to five or to three. The sufficiency of the number of
10signers to the petition shall be ascertained as of the date when
11the petition is presented to court.

12(b) Notice.--The court shall give notice of the filing of
13the petition by advertisement in the legal newspaper of the
14county, if one is published in the county, and in one newspaper
15of general circulation and fix a day and time for hearing. After
16the hearing, the court may decrease the number of members of
17council elected in the borough from seven to five or to three,
18as requested in the petition.

19(c) Number to be elected.--

20(1) At the municipal election following the decrease in
21the number of members of council from seven to five:

22(i) If four members of council would otherwise have
23been elected, three members shall be elected.

24(ii) If three members of council would otherwise
25have been elected, two members shall be elected.

26(2) At the second municipal election following the
27decrease in the number of members of council:

28(i) If four members of council would otherwise have
29been elected, three members shall be elected.

30(ii) If three members of council would otherwise

1have been elected, two members shall be elected.

2(3) At all following municipal elections, the proper
3number of members of council shall be elected to correspond
4to the number of members of council whose terms are to expire
5the first Monday of the following January.

6(d) Election.--

7(1) At the municipal election following the decrease in
8the number of members of council from seven to three:

9(i) If four members of council would otherwise have
10been elected, two members shall be elected.

11(ii) If three members of council would otherwise
12have been elected, one member shall be elected.

13(2) At the second municipal election following the
14decrease in the number of members of council in the borough:

15(i) If four members of council would otherwise have
16been elected, two members shall be elected.

17(ii) If three members of council would otherwise
18have been elected, one member shall be elected.

19(3) At all the following municipal elections, the proper
20number of members of council shall be elected to correspond
21to the number of members of council whose terms are to expire
22the first Monday of the following January.

23(f) Terms.--In any borough in which, under this section, the
24number of members of council shall be reduced, the members of
25council then in office shall remain in office until the end of
26their respective terms. If a borough attains a population in
27excess of 3,000, according to the latest official census, the
28number of members of council shall automatically be increased
29from three or five to seven, following the reverse of the
30procedure set forth in subsection (c) or (d).

1SUBCHAPTER C

2MAYOR

3(Reserved)

4SUBCHAPTER D

5AUDITORS

6(Reserved)

7SUBCHAPTER E

8CONTROLLER

9(Reserved)

10SUBCHAPTER F

11ASSESSORS

12(Reserved)

13SUBCHAPTER G

14TAX COLLECTOR

15(Reserved)

16CHAPTER 9

17VACANCIES IN OFFICE

18Sec.

19901. Filling vacancies in elective borough offices.

20902. Collection of taxes where vacancy in office of tax
21collector not filled.

22903. Right of council to declare seat of member vacant for
23failure to qualify.

24904. (Reserved).

25904.1. Removal of elected official and appointee.

26905. Temporary auditor.

27§ 901. Filling vacancies in elective borough offices.

28(a) Vacancies.--If any vacancy occurs in the office of the
29mayor, member of council, auditor, controller or tax collector,
30by death, resignation or termination of residency from the

1borough, or from a ward in the case of a ward office, or by
2failure to take the required oath, to give bond as provided by
3law or ordinance or to provide the affidavit required under
4section 801 (relating to eligibility), or in any other manner
5whatsoever, the council shall fill the vacancy within 30 days by
6appointing, by resolution, a registered elector of the borough,
7or of the ward in case of a ward office, to hold the office, if
8the term continues that long, until the first Monday in January
9after the first municipal election occurring more than 60 days
10after the vacancy occurs, at which election an eligible
11individual shall be elected to the office for the remainder of
12the term. Except as provided in section 801(c), no individual
13shall be appointed to fill a vacancy in an elected borough or
14ward office unless the individual has resided within the
15borough, or within the ward in the case of a ward office,
16continuously for at least one year immediately prior to the
17individual's appointment.

18(b) Bond.--The individual appointed shall give bond if
19required by law or ordinance. If the individual elected to the
20office fails to give any bond required, to provide the affidavit
21required under section 801 or to take the required oath, the
22council, before making the appointment, shall declare the office
23vacant.

24(c) Unfilled vacancies.--If the council of any borough
25refuses, fails, neglects or is unable, for any reason
26whatsoever, to fill any vacancy within 30 days after the vacancy
27happens, as provided in this section, the vacancy shall be
28filled within 15 additional days by the vacancy board. The
29vacancy board shall consist of the council, exclusive of the
30mayor, and one registered elector of the borough who shall be

1appointed by the council at the council's first meeting each
2calendar year or as soon as practical and who shall act as chair
3of the vacancy board. The vacancy board shall appoint a
4registered elector of the borough, or ward in the case of a ward
5office, to hold the office, if the term continues that long,
6until the first Monday in January after the first municipal
7election occurring more than 60 days after the vacancy occurs,
8at which election an eligible individual shall be elected to the
9office for the remainder of the term.

10(d) Board petition.--If the vacancy is not filled by the
11vacancy board within 15 days, the chair shall, or in the case of
12a vacancy in the chair, the remaining members of the vacancy
13board shall petition the court of common pleas to fill the
14vacancy by the appointment of a registered elector of the
15borough, or ward in the case of a ward, to hold the office, if
16the term continues that long, until the first Monday in January
17after the first municipal election occurring more than 60 days
18after the vacancy occurs, at which election an eligible
19individual shall be elected to the office for the remainder of
20the term.

21(e) Elector petition.--If vacancies exist in more than a
22majority of the offices of council, the court of common pleas
23shall fill the vacancies upon presentation of petition signed by
24not less than 15 registered electors of the borough.

25§ 902. Collection of taxes where vacancy in office of tax
26collector not filled.

27If a vacancy in the office of tax collector exists and no
28registered elector of the borough has, within 30 days, received
29the appointment to fill the vacancy, the county commissioners,
30the council and the board of school directors of the school

1district shall collect the tax for the county, the borough and
2the school district, respectively, through their respective
3treasurers, or for school districts, at the option of the
4district, through their secretaries, and for boroughs, at the
5option of the council, through their secretaries or borough
6managers. Nothing in this section shall prohibit a borough from
7providing for agreements or the joint collection of taxes in
8accordance with section 4.4 of the act of May 25, 1945
9(P.L.1050, No.394), known as the Local Tax Collection Law.

10§ 903. Right of council to declare seat of member vacant for
11failure to qualify.

12If an individual, elected or appointed as a member of council
13and notified of election or appointment refuses or neglects to
14qualify as a member of council within ten days following the
15beginning of the individual's term of office, unless prevented
16by sickness or necessary absence from the borough, the council,
17acting without the individual, may declare the individual's
18office as member of council vacant and may fill the vacancy as
19provided in section 901 (relating to filling vacancies in 
20elective borough offices). For these actions, a majority of the
21remaining members of the council shall constitute a quorum.

22§ 904. (Reserved).

23§ 904.1. Removal of elected official and appointee.

24(a) Rule.--A borough officer who is elected or appointed to
25fill a vacancy in elective office may be removed from office as
26follows:

27(1) By impeachment.

28(2) By the Governor for reasonable cause after notice
29and full hearing on the advice of two-thirds of the Senate.

30(3) On conviction of misbehavior in office or of an

1infamous crime.

2(b) Title.--The title to office of a borough officer under
3subsection (a) may be tried by quo warranto.

4§ 905. Temporary auditor.

5If for any reason two or three vacancies exist in the office
6of borough auditors, the council may temporarily appoint and
7reasonably compensate a qualified individual, who need not be an
8elector of the borough, who shall have all the powers and duties
9of the two or three auditors whose offices are vacated.

10CHAPTER 10

11POWERS AND DUTIES

12OF ELECTED OFFICIALS

13Subchapter

14A. Council

15B. Mayor (Reserved)

16C. Auditors

17D. Controller

18E. (Reserved)

19F. Tax Collector

20SUBCHAPTER A

21COUNCIL

22Sec.

231001. Organization of council, quorum, participation by
24telecommunication device, voting, compensation and
25eligibility.

261002. Oath of members of council.

271003. When the mayor may preside over council and vote,
28attendance of mayor at council meetings and breaking
29tie votes.

301004. Failure of council to organize.

11005. Powers of council.

21006. Duties of council.

31007. (Reserved).

41008. (Reserved).

51009. Typewritten, printed, photocopied, microfilmed and
6electronically or digitally stored records valid and
7recording or transcribing records.

81010. (Reserved).

91011. (Reserved).

101012. (Reserved).

111013. (Reserved).

121014. Hearings before council; witnesses.

131015. Witness fees and mileage.

141016. Examination of witnesses; penalty.

15§ 1001. Organization of council, quorum, participation by
16telecommunication device, voting, compensation and
17eligibility.

18(a) Organization.--The council shall organize on the first
19Monday of January of each even-numbered year by electing one
20member as president and one member as vice-president, who shall
21hold the offices at the pleasure of the council. If the first
22Monday is a legal holiday, the meeting and organization shall
23take place the following day. Any action taken by any council at
24any time between 12:01 a.m. on January 1 of an even-numbered
25year and the organization of council in that year shall be
26subject to reconsideration by the new council at any time within
27ten days after organization. The council may, at the
28organizational meeting, appoint other officers as may be
29provided for by law or ordinance, or as may be deemed necessary
30for the conduct of affairs of the borough, and may transact any

1other business as may come before the meeting. The president,
2and during the president's absence or incapacity, the vice-
3president, shall preside over the meetings of council and
4perform other duties as are prescribed by this part or by
5ordinance.

6(b) Quorum.--A majority of the membership of council then in
7office shall constitute a quorum. Except as provided in
8subsection (c), only council members physically present at a
9meeting place within the borough shall be counted in
10establishing a quorum.

11(c) Telecommunication.--Council may provide for the
12participation of council members in council meetings by means of
13telecommunication devices, such as telephones or computer
14terminals, which permit, at a minimum, audio communication
15between locations, if the following apply:

16(1) A majority of the membership of council then in
17office is physically present at the advertised meeting place
18within the borough and a quorum is established at the
19convening or reconvening of the meeting. If, after the
20convening or reconvening of a meeting, a member has been
21disqualified from voting as a matter of law, but is still
22physically present, council members participating by
23telecommunication device in accordance with this section
24shall be counted to maintain a quorum.

25(2) The telecommunication device used permits the member
26or members of council not physically present at the meeting
27to:

28(i) speak to and hear the comments and votes, if
29any, of the members of council who are physically
30present, as well as other members of council who may not

1be physically present and are also using a
2telecommunication device to participate in the meeting;
3and

4(ii) speak to and hear the comments of the public
5who are physically present at the meeting.

6(3) The telecommunication device used permits the
7members of council and the members of the public who are
8physically present at the meeting to speak to and hear the
9comments and the vote, if any, of the member or members of
10council who are not physically present at the meeting.

11(4) Physical absence of a council member. Council may
12only authorize participation by telecommunication device for
13one or more of the following reasons:

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

15(ii) care for the ill or newborn in the member's
16immediate family;

17(iii) emergency; and

18(iv) family or business travel.

19(5) Nothing in this subsection shall be construed to
20limit the protections and prohibitions contained in any law
21or regulation relating to the rights of the disabled.

22(d) Voting.--A member of the council shall not be
23disqualified from voting on any issue before the council solely
24because the member has previously expressed an opinion on the
25issue in either an official or unofficial capacity.

26(e) Compensation.--Members of council may receive
27compensation to be fixed by ordinance as follows:

28(1) In boroughs with a population of less than 5,000, a
29maximum of $1,875 per year.

30(2) In boroughs with a population of 5,000 or more but

1less than 10,000, a maximum of $2,500 per year.

2(3) In boroughs with a population of 10,000 or more but
3less than 15,000, a maximum of $3,250 per year.

4(4) In boroughs with a population of 15,000 or more but
5less than 25,000, a maximum of $4,125 per year.

6(5) In boroughs with a population of 25,000 or more but
7less than 35,000, a maximum of $4,375 per year.

8(6) In boroughs with a population of 35,000 or more, a
9maximum of $5,000 per year.

10The salaries shall be payable monthly or quarterly for the
11duties imposed by this part. Benefits provided to members of
12council under section 1202(26) (relating to specific powers)
13shall not be considered pay, salary or compensation, but payment
14for all or a part of the premiums or charges for the benefits
15shall be in accordance with section 1202(26). Any change in
16salary, compensation or emoluments of the elected office shall
17become effective at the beginning of the next term of the member
18of council.

19(f) Eligibility for compensation.--The population shall be
20determined by the latest available official census figures. In
21no case shall the compensation for any member of council exceed
22that of the mayor in any given borough, but, if the mayor's
23compensation exceeds that authorized by this section for members
24of council, the president of council may receive compensation
25not to exceed that of the office of mayor.

26§ 1002. Oath of members of council.

27Before entering upon the duties of their offices, the members
28of council shall take and subscribe an oath or affirmation of
29office under 53 Pa.C.S. § 1141 (relating to form of oaths of
30office). The oath or affirmation may be taken before any judge

1or magisterial district judge of the county, a notary public or
2the mayor of the borough when the individual has qualified, and
3the oath or affirmation shall be filed with the borough
4secretary and preserved among the records of the borough for a
5period of six years.

6§ 1003. When the mayor may preside over council and vote,
7attendance of mayor at council meetings and breaking
8tie votes.

9(a) Presiding over meetings.--The mayor shall preside over
10the organization of the council until it is organized as
11provided in section 1001 (relating to organization of council, 
12quorum, participation by telecommunication device, voting, 
13compensation and eligibility), and shall be deemed a member of
14council at the organizational meeting if the mayor's membership
15becomes necessary to constitute a quorum.

16(b) Voting at meetings.--The mayor shall not vote at the
17meeting unless the mayor's vote shall, for any reason, be
18required to effect the organization of council or to elect any
19officer who is required to be or may be elected at the
20organizational meeting. If the mayor is absent from the
21organizational meeting, one of the members of council physically
22present at the meeting and chosen by the members eligible to
23vote at the meeting shall preside.

24(c) Attendance.--The mayor may attend any or all regular and
25special meetings of council and take part in the discussions of
26the council on matters pertaining to borough affairs, subject to
27any restrictions applicable to members of council contained in
28the rules of order or bylaws of the council.

29(d) Tie votes.--

30(1) If, by reason of a tie or split vote, the council

1shall be unable to:

2(i) enact or pass any ordinance, resolution or
3motion;

4(ii) declare any vacancy pursuant to section 903
5(relating to right of council to declare seat of member 
6vacant for failure to qualify);

7(iii) fill any other vacancy in its membership or in
8any other borough office.

9(iv) take any action on any matter lawfully brought
10before it;

11the mayor, if in attendance at the meeting, may, at the
12mayor's option, cast the deciding vote or shall direct that
13the matter be tabled until a special meeting of council.

14(2) The special meeting of council shall be held within
15not less than five days or more than ten days at which time
16the matter shall be reconsidered by council.

17(3) If a tie or split vote still exists, it shall be the
18duty of the mayor at that time to cast the deciding vote.

19(4) If a tie or split vote occurs at any meeting when
20the mayor is not in attendance, the matter shall be tabled to
21a special meeting to be held within not less than five days
22or more than ten days as set by the president of council, and
23the mayor shall be given at least five days' notice of the
24meeting, at which meeting it shall be the duty of the mayor
25to cast the tie-breaking vote.

26§ 1004. Failure of council to organize.

27If the council of any borough fails to organize within ten
28days from the time prescribed in this chapter, the court of
29common pleas, upon the petition of at least ten registered
30electors of the borough verified by the affidavit of one of the

1petitioners, shall issue a rule upon the delinquent members of
2council to show cause why their seats should not be declared
3vacant. The rule shall be returnable not less than five days
4from the time of its issue, and, after hearing, the court may
5declare the seats of the members of council responsible for the
6failure to organize vacant and shall appoint others in their
7place, who shall hold office for the respective unexpired terms.

8§ 1005. Powers of council.

9The council shall have power:

10(1) To, by motion, ordinance or resolution, create the
11offices of and appoint, a treasurer, a secretary, a
12solicitor, an engineer, a street commissioner and other
13officers as it deems necessary. The treasurer and the
14secretary shall not be members of council. A bank or bank and
15trust company may be appointed as treasurer. All officers and
16employees appointed by the council, with the exception of
17those who under this part or any other act are under civil
18service or have a definite term of office, shall serve for an
19indefinite term at the pleasure of the council.

20(2) To mitigate or remit fines and forfeitures in
21reasonable cases.

22(3) By resolution, to make temporary loans on the credit
23of the borough in anticipation of taxes to be collected and
24issue certificates of indebtedness. The loans shall be repaid
25from the first money available from taxes in anticipation of
26which the loans were made.

27(4) With respect to depositories and securities, to:

28(i) Appoint and revoke the appointment of one or
29more depositories for borough funds and to fix and
30approve security to be furnished by the depository. The

1security may be bonds with corporate or individual
2securities to be approved by council, or collateral
3security consisting of obligations of the United States
4or the Commonwealth or any political subdivision,
5deposited with the borough or with any bank or trust
6company within this Commonwealth and of a market value of
7120% of the amount of the deposit to be secured. Any
8deposit of collateral shall be under proper agreement and
9be accompanied by proper assignment or power of attorney
10for the transfer of the collateral. The borough treasurer
11shall deposit all borough funds in a depository
12designated under this subparagraph. If borough funds are
13deposited under this subparagraph, the borough treasurer
14shall be released and discharged from further liability
15on account of the deposit.

16(ii) Subparagraph (i) shall not be construed to
17require a depository to furnish bond or collateral
18security to cover the amount of any deposit to the extent
19that the deposit is insured with the Federal Deposit
20Insurance Corporation.

21(5) To secure indemnity bonds or policies of insurance
22as it may deem necessary to protect the borough from loss by
23reason of fire, flood, windstorm, burglary, larceny,
24negligence or dishonesty or insolvency of a depository, or
25otherwise, and to pay for the protection the usual or
26customary costs.

27(6) With respect to investments, to:

28(i) make investment of borough sinking funds as 
29authorized by 53 Pa.C.S. Pt. VII Subpt. B (relating to 
30indebtedness and borrowing);

1(ii) make investment of money in the general fund
2and in special funds of the borough other than the
3sinking funds as authorized by Chapter 13 (relating to 
4taxation and finance); and

5(iii) liquidate any investment, in whole or in part,
6by disposing of securities or withdrawing funds on
7deposit. Any action taken to make or to liquidate any
8investment shall be made by the officers designated by
9action of the council.

10(7) To provide, by ordinance passed by a two-thirds vote
11of the entire number of members of council elected, for the
12appointment of an independent auditor who shall be a
13certified public accountant registered in this Commonwealth,
14a firm of certified public accountants registered in this
15Commonwealth or a competent public accountant or a competent
16firm of public accountants.

17(i) When an ordinance has been adopted, an
18independent auditor shall be appointed annually, by
19resolution before the close of the fiscal year, to make
20an independent examination of the accounting records of
21the borough for the fiscal year, and the independent
22auditor shall also perform the other duties and exercise
23the powers as conferred upon the independent auditor
24under Subchapter C (relating to auditors).

25(ii) When an independent auditor is appointed as
26provided in this paragraph, the office of elected borough
27auditor or controller is abolished, but the borough
28auditors or controller then in office shall continue to
29hold their office during the term for which elected, and
30the borough auditors or controller shall not audit,

1settle or adjust the accounts audited by the independent
2auditor, but shall perform the other duties of their
3office.

4(iii) If any borough has provided by ordinance for
5the audit of its accounts by an appointed auditor, the
6borough shall have the right at any time to repeal the
7ordinance, and the office of appointed auditor shall be
8abolished as of the date set in the ordinance. The
9borough shall have the further right at the next
10municipal election following the repeal of the ordinance
11to elect three auditors, one for a term of two years, one
12for a term of four years and one for a term of six years,
13from the first Monday of January following the election,
14which auditors shall succeed the appointed auditor and
15shall have and possess all the powers and perform all the
16duties provided in this part for elected auditors. If, at
17any time after the effective date of any ordinance
18abolishing the office of appointed auditor, there shall
19be a vacancy in the office of elected auditor, council
20shall fill the vacancies in the manner prescribed in
21section 901 (relating to filling vacancies in elective 
22borough offices).

23(8) To make, authorize and ratify expenditures for
24lawful purposes from funds available or from funds borrowed
25within legal limits.

26(9) To pay authorized expenses incurred by elected and
27appointed borough officers in connection with their duties or
28other borough business.

29§ 1006. Duties of council.

30It shall be the duty of the council:

1(1) To organize, under section 1001 (relating to 
2organization of council, quorum, participation by 
3telecommunication device, voting, compensation and 
4eligibility), in even-numbered years.

5(2) To meet at a stated time at least once a month.
6Council may adjourn to a stated time for general business or
7for special businesses. If no quorum is present at a regular,
8special or reconvened meeting, a majority of those who do
9meet may agree upon another date for like business in a
10manner consistent with 65 Pa.C.S. Ch. 7 (relating to open
11meetings). Special meetings may be called by the president of
12council or upon written request of at least one-third of the
13members of council. Members shall have at least 24 hours'
14notice of the special meetings. The notice shall state
15whether it is for general or special purposes, and, if it is
16for special purposes, the notice shall contain a general
17statement of the nature of the business to be transacted.
18Presence at a meeting constitutes waiver of notice. Council
19may adopt rules relating to the calling and holding of
20special meetings, which rules shall supersede the provisions
21of this section, provided that the rules comply with the
22provisions of 65 Pa.C.S. Ch. 7.

23(3) To make and preserve records of its proceedings.

24(4) To enact, revise, repeal and amend ordinances and
25resolutions under Chapter 33 (relating to ordinances), and
26bylaws, rules and regulations, not inconsistent with the laws
27of this Commonwealth, as it deems beneficial to the borough
28and to provide for the enforcement of the same. Unless
29otherwise provided, all powers shall be exercised by vote of
30the majority of council eligible to vote at a meeting.

1Routine, ministerial or administrative purchases and powers
2may be made and exercised by officers or committees if
3authority for the action was previously given or if the
4action is subsequently ratified by council. If any action by
5the council results in a specific written contract or
6agreement, the contract or agreement shall be signed by the
7president of the council.

8(5) To cause notices to be served, as required by law or
9ordinance, in a manner council may by motion or other action
10decide.

11(6) To fix the compensation of all of the borough
12officers, appointees and employees.

13(7) To fix the amount of security to be given by the
14treasurer, and of other officers, appointees and employees as
15it may designate.

16§ 1007. (Reserved).

17§ 1008. (Reserved).

18§ 1009. Typewritten, printed, photocopied, microfilmed and
19electronically or digitally stored records valid and
20recording or transcribing records.

21(a) Validity.--All borough records required to be recorded
22or transcribed shall be deemed valid if typewritten, printed,
23photocopied, microfilmed or electronically or digitally stored
24or retained by any other process that accurately reproduces the
25original and forms a durable medium for recording, storing and
26reproducing in accordance with the act of May 9, 1949 (P.L.908,
27No.250), entitled "An act relating to public records of
28political subdivisions other than cities and counties of the
29first class; authorizing the recording and copying of documents,
30plats, papers and instruments of writing by digital,

1photostatic, photographic, microfilm or other process, and the
2admissibility and enlargements in evidence; providing for the
3storage of duplicates and sale of microfilm and digital copies
4of official records and for the destruction of other records
5deemed valueless; and providing for the services of the
6Pennsylvania Historical and Museum Commission to political
7subdivisions."

8(b) Requirements.--If recording or transcribing in a
9specified book of record is required, including minutes of the
10proceedings of the council, the records shall be recorded or
11transcribed as follows:

12(1) in a mechanical post binder book capable of being
13permanently sealed with consecutively numbered pages with a
14security code printed on it and a permanent locking device
15with the borough seal being impressed upon each page; or

16(2) in a bound book with pages being consecutively
17numbered by transcribing directly upon the pages of the book
18of record or by permanently attaching the records or copies
19to the book of record with the borough seal being impressed
20upon each page to which the record is attached, with each
21impression covering both a portion of the attached record and
22a portion of the page of the book of record to which the
23record is attached.

24(c) Previously recorded documents.--All records previously
25recorded or transcribed in any manner authorized by this part at
26the time the records were recorded or transcribed are validated.

27§ 1010. (Reserved).

28§ 1011. (Reserved).

29§ 1012. (Reserved).

30§ 1013. (Reserved).

1§ 1014. Hearings before council; witnesses.

2Councils may compel the attendance of witnesses and the
3production of books, papers or other evidence at any meeting of
4the council or any committee of the council and for that purpose
5may issue subpoenas, signed by the president of council or the
6chair of the committee, which shall be served in any part of
7this Commonwealth. If a witness refuses to testify to any fact
8within the witness's knowledge or to produce any books or papers
9in the witness's possession or control required to be used as
10evidence in any case, the borough solicitor shall report the
11facts relating to the refusal to the court of common pleas. If
12the court determines the evidence required of the witness to be
13legal and competent, it shall order the witness to testify or
14produce the evidence required.

15§ 1015. Witness fees and mileage.

16No individual residing outside the borough and subpoenaed
17under section 1014 (relating to hearings before council, 
18witnesses) shall be required to respond to the subpoena until
19mileage to and from the borough at the rate established by the
20council under the act of July 20, 1979 (P.L.156, No.51),
21referred to as the Uniform Mileage Fee Law, and witness fees as
22required by law relating to witnesses have been paid.

23§ 1016. Examination of witnesses; penalty.

24An individual called as a witness, as provided in this 
25chapter, may be examined under oath, administered by the
26president of council or chair of the committee and, for the
27giving of false testimony, shall be liable for prosecution under
28applicable laws for perjury.

29SUBCHAPTER B

30MAYOR

1(Reserved)

2SUBCHAPTER C

3AUDITORS

4Sec.

51041. Auditors to meet yearly and audit accounts.

61042. (Reserved).

71043. (Reserved).

81044. (Reserved).

91045. (Reserved).

101046. (Reserved).

111047. (Reserved).

121048. (Reserved).

131049. (Reserved).

141050. (Reserved).

151051. (Reserved).

161052. (Reserved).

171053. Compensation of auditors.

181054. (Reserved).

191055. Subpoenas, oath and perjury.

201056. (Reserved).

211057. (Reserved).

221058. Pay of witnesses.

231059. Auditors to settle accounts where witnesses do not
24appear.

251059.1. Completion, filing and publication of auditor's report
26and financial statement.

271059.2. Attorney to auditors.

281059.3. Surcharge by auditors.

291059.4. Appeals from audit.

301059.5. Taxpayers appealing to enter bond.

11059.6. Procedure on appeals.

21059.7. Findings of fact and law, judgment and appeals.

31059.8. Attorney fees.

41059.9. Balances due to be entered as judgments.

51059.10. Penalty for failure to comply with law.

61059.11. General powers and duties of independent auditor.

7§ 1041. Auditors to meet yearly and audit accounts.

8(a) First meeting.--The auditors of the borough shall meet
9on the first Tuesday of January of each year and shall organize
10by the election of a chair and a secretary. If the first Tuesday
11is a legal holiday, the meeting and organization shall take
12place the following day. Two auditors shall constitute a quorum.

13(b) Audits.--The auditors:

14(1) Shall audit, adjust and settle the accounts of the
15tax collectors, the magisterial district judge and all
16officers of the borough.

17(2) May audit, adjust and settle the accounts of any
18person, corporation, association, organization, committee or
19commission receiving or expending borough funds.

20(3) Audit and report to the council, upon the accounts
21of every officer of the borough, upon the death, resignation,
22removal or expiration of the term of the officer.

23Unless otherwise agreed to by the auditors and the person being
24audited, the audit shall be conducted at the place the records
25of the person are normally kept.

26(b.1) Cancellation.--All orders, vouchers and certificates
27of indebtedness which have been paid shall, on their
28presentation to the auditors, be canceled by writing or stamping
29the word "audited" on the face of the documents.

30(c) (Reserved).

1(d) (Reserved).

2(e) (Reserved).

3(f) (Reserved).

4(g) (Reserved).

5§ 1042. (Reserved).

6§ 1043. (Reserved).

7§ 1044. (Reserved).

8§ 1045. (Reserved).

9§ 1046. (Reserved).

10§ 1047. (Reserved).

11§ 1048. (Reserved).

12§ 1049. (Reserved).

13§ 1050. (Reserved).

14§ 1051. (Reserved).

15§ 1052. (Reserved).

16§ 1053. Compensation of auditors.

17(a) General compensation.--Subject to the limitations set
18forth in subsection (b), each auditor shall receive $10 per hour
19for each hour or portion of an hour necessarily employed in the
20discharge of the auditor's duties, to be paid by the borough.

21(b) Limits.--No auditor in a borough having a population of
2210,000 or less shall be entitled to receive more than $1,000 for
23completing the annual audit, settlement and adjustment. No
24auditor in a borough having a population in excess of 10,000
25shall be entitled to receive more than $2,000 for completing the
26annual audit, settlement and adjustment.

27(c) Reimbursements.--Each auditor shall be reimbursed for 
28travel costs incurred in the performance of the auditing duties 
29at the rate established by the council under the act of July 20, 
301979 (P.L.156, No.51), referred to as the Uniform Mileage Fee
 

1Law, and for other actual expenses, including postage, notary 
2fees or publication costs, necessarily incurred during the 
3audit.

4§ 1054. (Reserved).

5§ 1055. Subpoenas, oath and perjury.

6(a) Subpoenas.--A majority of the auditors of any borough
7shall have the power to issue subpoenas to obtain the attendance
8of the persons whose accounts they are required to adjust, their
9executors and administrators, and of any persons whom it may be
10necessary to examine as witnesses and to compel their
11attendance, and may also compel the production of all documents,
12including books, vouchers and papers relative to borough
13accounts. If any person refuses or neglects to appear, to
14produce documents or to testify, the auditors shall petition the
15court of common pleas of the county to issue a subpoena to the
16person and to require the person to produce documents or to
17appear and to testify before the court. The court shall issue
18the subpoena if it deems the documents or testimony relevant to
19the issue.

20(b) Oaths.--The auditors of any borough shall have power to
21administer oaths and affirmations to all persons brought or
22appearing before them, whether accountants, witnesses or
23otherwise. Persons guilty of swearing or affirming falsely on
24the examination commits perjury.

25§ 1056. (Reserved).

26§ 1057. (Reserved).

27§ 1058. Pay of witnesses.

28Witnesses, other than officers of the borough, appearing
29before the auditors and individuals or officers serving
30subpoenas shall be paid, out of the borough treasury upon

1authorization signed by a majority of the auditors and orders
2drawn on the borough treasury, the same fees as are payable for
3rendering similar services in civil proceedings before a
4magisterial district judge. The amount paid shall be made a part
5of the charge against any officer who shall be charged by the
6auditors with any balance, if the costs have been incurred in
7establishing the balance. The costs collected from any officer
8shall be repaid into the borough treasury.

9§ 1059. Auditors to settle accounts where witnesses do not
10appear.

11If any person in possession of documents relative to public
12accounts before auditors refuses to produce the same or if any
13officer whose accounts are to be settled and adjusted by the
14auditors refuses to appear or submit to examination as directed
15by this subchapter, the auditors or a majority of them may
16proceed, by the examination of witnesses and other evidence, to
17ascertain and settle, as near as may be, the amount of public
18money received by the officer and its application to public
19purposes or otherwise.

20§ 1059.1. Completion, filing and publication of auditor's
21report and financial statement.

22(a) Reports.--The auditors shall complete the annual audit,
23adjustment and settlement as soon as possible after the end of
24the fiscal year. The auditors shall, within ten days after
25completing the annual audit, publish once, in at least one
26newspaper of general circulation, a concise financial statement
27setting forth all of the following:

28(1) The balance in the treasury at the beginning of the
29fiscal year.

30(2) All revenue received during the fiscal year by major

1classifications.

2(3) All expenditures made during the fiscal year by
3major functions and the current resources and liabilities of
4the borough at the end of the fiscal year.

5(4) The gross liability and net debt of the borough.

6(5) The amount of assessed valuation of the borough.

7(6) The assets of the borough with their character and
8value.

9(7) The date of the last maturity of the respective
10forms of funded debt.

11(8) The assets in each sinking fund.

12(b) Details.--The auditors shall prepare a report which
13shall contain an audit of the accounts of the last fiscal year
14and shall also show a complete statement of the financial
15condition of the borough, giving in detail all of the following:

16(1) The actual indebtedness.

17(2) The amount of funded debt.

18(3) The amount of floating debt.

19(4) The valuation of taxable property in the borough.

20(5) The assets of the borough with their character and
21value.

22(6) The date of maturity of the respective forms of
23funded debt of the borough.

24(b.1) Filing of reports and penalties.--The reports shall be
25prepared no later than 90 days after the close of the fiscal
26year. It shall be the duty of the secretary of the auditors to
27file a copy of the report with the secretary of the borough,
28with the clerk of the court of common pleas of the county or the
29prothonotary under local rules of court, with the Department of
30Transportation and with the Department of Community and Economic

1Development no later than 90 days after the close of the fiscal
2year. Any secretary of the auditors refusing or willfully
3neglecting to file the report commits a summary offense. If the
4failure to file the report within the period specified is due to
5the failure of any or all of the auditors to prepare the
6statement upon which the report is to be based, the auditor
7commits a summary offense.

8(c) Service of report.--The secretary of the auditors shall
9serve, by registered or certified mail, notice to every elected
10or appointed official against whom a balance or shortage appears
11in the report required under subsection (b). The notice shall be
12served prior to the filing of the report and shall indicate the
13amount of the balance or shortage and a brief description of how
14the balance or shortage was derived. The notice shall indicate
15that the balance or shortage is deemed a surcharge under section
161059.3 (relating to surcharge by auditors) and shall apprise the
17officer served of the right to appeal under section 1059.4
18(relating to appeals from audit). Service of notice is complete
19when the notice is properly addressed, postage prepaid and
20mailed. Failure to receive the notice required by this
21subsection shall not constitute grounds for relief from any
22judgment entered under this chapter.

23(d) Presentation.--The annual auditors report and the annual
24financial statement shall be presented on a uniform form
25prepared by a committee as provided in Chapter 13 (relating to 
26taxation and finance).

27§ 1059.2. Attorney to auditors.

28The borough auditors may employ an attorney if deemed
29advisable by a majority of the auditors. The auditors, with the
30agreement of council, shall determine the compensation to be

1paid to the attorney. If the auditors and council cannot agree
2on the compensation, upon petition of the auditors, the court of
3common pleas shall establish the compensation for the attorney
4employed by the auditors. The compensation for the attorney
5shall be paid out of the borough general fund.

6§ 1059.3. Surcharge by auditors.

7(a) Surcharges.--

8(1) The amount of any balance or shortage or of any
9expenditure of a kind or made in a manner prohibited or not
10authorized by statute which causes a financial loss to the
11borough shall be a surcharge against any officer against whom
12the balance or shortage shall appear, or who by vote, act or
13neglect has permitted or approved the expenditure.

14(2) The following shall apply:

15(i) No elected or appointed official of a borough
16may be surcharged for any act, error or omission in
17excess of the actual financial loss sustained by the
18borough.

19(ii) A surcharge shall take into consideration as
20its basis the results of the act, error or omission and
21the results had the procedure been strictly in accordance
22with law.

23(iii) Subparagraph (i) shall not apply to cases
24involving fraud or collusion on the part of officers nor
25to any penalty enuring to the benefit of or payable to
26the Commonwealth. Notwithstanding this section, the
27procedures in the act of May 25, 1945 (P.L.1050, No.394),
28known as the Local Tax Collection Law, shall apply to
29balances and shortages in the tax accounts of the tax
30collector.

1(b) Illegal acts.--In any matter involving a financial
2transaction, any official knowingly and willfully acting
3contrary to law commits a misdemeanor and, upon conviction, may
4be sentenced to pay a fine not exceeding $100.

5§ 1059.4. Appeals from audit.

6It shall be lawful for the borough, or any taxpayer of the
7borough on its behalf, or any person whose account is settled or
8audited, to appeal from the settlement or audit, as shown in the
9auditors report, to the court of common pleas of the county no
10later than 40 days from the date of the filing of the auditor's
11report with the clerk of common pleas.

12§ 1059.5. Taxpayers appealing to enter bond.

13No appeal by a taxpayer or officer may be allowed unless,
14within the time of taking the appeal, the appellant secures a
15bond in the sum of $1,000 with sufficient surety to prosecute
16the appeal and to pay all costs of appeal, in case, if the
17appellant is a taxpayer, the appellant fails to obtain a final
18decision more favorable to the borough than that awarded by the
19auditors or, in case, if the appellant is an accounting officer,
20the appellant fails to obtain a final decision more favorable to
21the officer than that awarded by the auditors. Unless the bond
22is filed as provided in this section, the court of common pleas,
23upon application, shall set aside the appeal.

24§ 1059.6. Procedure on appeals.

25(a) Evidence and burden.--In any proceeding upon an appeal
26from a report of the auditors, the accounts of the office or
27officers or the person, corporation, association, organization,
28committee or commission in question may be investigated de novo,
29and the burden shall be upon each officer, person, corporation,
30association, organization, committee or commission whose

1accounts are involved in the appeal of establishing the person's
2right to credits claimed by the person, but the opposing party
3in the appeal may use any facts, figures or findings of the
4report of the auditors as prima facie evidence against any
5officer or other entity.

6(b) Multiple appeals.--If more than one appeal from a report
7of the auditors has been taken, the court shall, on its own
8motion or upon motion of any interested party, direct the
9several appeals to be disposed of in a single proceeding.

10§ 1059.7. Findings of fact and law, judgment and appeals.

11After the hearing, the court shall file its findings of fact
12and law and enter judgment accordingly, and the judgment so
13entered may be enforced by the prevailing party by any
14appropriate proceeding. Appeals from the court's ruling may be
15taken in accordance with law.

16§ 1059.8. Attorney fees.

17(a) Fees awarded.--Upon final determination of an appeal
18taken under section 1059.4 (relating to appeals from audit) from
19any report, audit or settlement of the account of any borough
20officer, attorney fees shall be awarded as follows:

21(1) If, in the opinion of the court the final
22determination is more favorable to the borough officer
23involved than that awarded by the auditors, the borough shall
24pay reasonable attorney fees or, under paragraph (3), a
25portion of reasonable attorney fees incurred by the officer
26in connection with the surcharge proceeding.

27(2) If, in the opinion of the court, the final
28determination is more favorable to the borough than that
29awarded by the auditors in the case of an appeal taken by the
30borough or a taxpayer, the borough officer who is the subject

1of the surcharge proceeding shall pay reasonable attorney
2fees or, under paragraph (3), a portion of reasonable
3attorney fees incurred by the borough, elector or taxpayer in
4connection with the surcharge proceeding.

5(3) If, in the opinion of the court, the final
6determination is in part more favorable to the borough and in
7part more favorable to the borough officer involved in the
8surcharge proceeding than that awarded by the auditors, the
9court may order:

10(i) the borough to pay a portion of reasonable
11attorney fees incurred by the officer in connection with
12the surcharge proceeding; or

13(ii) the borough officer who is the subject of the
14surcharge proceeding to pay a portion of reasonable
15attorney fees incurred by the borough or taxpayer in
16connection with the surcharge proceeding.

17(b) Other accounts.--The attorney fees in case of appeals
18involving accounts other than those of borough officers shall be
19allocated in the court's discretion.

20§ 1059.9. Balances due to be entered as judgments.

21A balance in a report of the auditors against an officer of
22the borough shall constitute a surcharge against the officer as
23fully as if expressly stated in the report to be a surcharge.
24The amount of a balance and of any express surcharge shall, if
25no appeal is taken or after an appeal has been finally
26determined in favor of the borough, be entered by the
27prothonotary as a judgment against the officer. The clerk of the
28court of common pleas shall certify the amount of every balance
29or surcharge contained in a report from which no appeal has been
30taken within the time provided under this chapter to the court

1of common pleas for entry by the prothonotary as a judgment. Any
2taxpayer of the borough may enforce the collection of the
3balance or surcharge for the benefit of the borough, by action
4or execution, upon filing in the court of common pleas a bond,
5in the sum of $1,000 with one or more sureties, conditioned to
6indemnify the borough from all costs of the proceedings
7undertaken by the taxpayer, subject to all rights of appeal from
8the report of auditors granted by this part. If a person has
9been or shall be surcharged for an illegal purchase and no fraud
10or collusion is shown and the surcharge is paid to the borough,
11the article purchased shall become the property of the person
12surcharged.

13§ 1059.10. Penalty for failure to comply with law.

14(a) Neglect.--An auditor neglecting or refusing to comply
15with this chapter commits a summary offense.

16(b) Financial interest.--An auditor who is financially
17interested, directly or indirectly, in a borough transaction
18commits a summary offense.

19§ 1059.11. General powers and duties of independent auditor.

20(a) Powers and duties.--If an independent auditor is
21appointed under section 1005(7) (relating to powers of council),
22the independent auditor shall have the same powers and duties
23and be subject to the same penalties as the auditors under this 
24chapter. The independent auditor shall annually examine, audit
25and settle all accounts in which the borough is concerned. The
26audit shall consist of an examination in accordance with
27generally accepted auditing standards and shall include tests of
28the accounting records and other auditing procedures as the
29independent auditor considers necessary in the circumstances.
30The independent auditor shall make and publish the annual

1financial report in the same form and manner and at the same
2time as required in this part of the auditors of the borough.

3(b) Reporting.--The independent auditor shall audit the
4accounting records of the borough for the fiscal year and shall
5prepare a report on the examination which shall be subject to
6appeal in the same manner as reports of the auditors under this 
7chapter. The report shall set forth:

8(1) The scope of the examination.

9(2) The independent auditor's opinion of the fairness of
10the presentation of the financial statement of the borough,
11which shall show a complete statement of the financial
12condition of the borough, giving in detail the actual
13indebtedness, the amount of funded debt, the amount of
14floating debt, the valuation of the taxable property in the
15borough, the assets of the borough with their character and
16value and the date of the maturity of the respective forms of
17funded debt of the borough.

18(3) The amount of any balance or shortage or any
19expenditure of any kind or made in a manner prohibited or not
20authorized by a statute which came to the independent
21auditor's attention during the course of the examination and
22which, in the independent auditor's opinion, causes a
23financial loss to the borough as provided in section 1059.3
24(relating to surcharge by auditors) shall be a surcharge
25against an officer against whom the balance or shortage shall
26appear, subject to appeal, entry as judgment, certification
27and enforcement as provided in this chapter.

28(c) Hiring attorney.--The independent auditor may employ an
29attorney subject to the provisions of section 1059.8 (relating
30to attorney fees), except that the employment shall be with the

1consent of council.

2(d) Other applicable laws.--Sections 1055 (relating to
3subpoenas, oath, perjury), 1058 (relating to pay of witnesses)
4and 1059 (relating to auditors to settle accounts where 
5witnesses do not appear) shall apply to proceedings initiated by
6independent auditors.

7(e) Compensation.--The compensation of the independent
8auditor shall be determined by council and paid by borough
9funds.

10SUBCHAPTER D

11CONTROLLER

12Sec.

131061. Oath and bond of controller.

141062. Salary of controller.

151063. General powers and duties of controller.

161064. (Reserved).

171065. Countersigned warrants.

181066. Prevention of appropriation overdrafts.

191067. Amount of contracts to be charged against appropriations.

201068. Controller's recommendations on borough finances.

211069. Books to be kept by controller.

221070. Appeals from controller's report.

231071. Acceptance by ordinance.

24§ 1061. Oath and bond of controller.

25The borough controller shall, before entering upon the duties
26of office, take the required oath or affirmation of office under
2753 Pa.C.S. § 1141 (relating to form of oaths of office). The
28controller shall give bond to the borough with a surety company
29to be approved by the council, in a sum as council may direct by
30ordinance, conditioned for the faithful discharge of the

1controller's duties. The amount of the bond shall be sufficient
2to adequately protect the borough from any illegal or unfaithful
3action by the controller. The cost of the bond shall be paid by
4the borough.

5§ 1062. Salary of controller.

6The council shall fix the annual salary of the controller.
7Any change in salary, compensation or emoluments of the elected
8office shall become effective at the beginning of the next term
9of the controller.

10§ 1063. General powers and duties of controller.

11(a) General duties and powers.--The borough controller shall
12manage the fiscal affairs of the borough. The controller shall
13examine, audit and settle all accounts in which the borough is
14concerned either as debtor or creditor if provision for the
15settlement is made by law. If no provision or an insufficient
16provision has been made, the controller shall examine the
17accounts and report to the council the relevant facts and
18opinion on the accounts.

19(b) Accounts.--In the examination, audit and settlement of
20accounts, the controller shall have all of the powers and
21perform all of the duties vested in and imposed on the auditors
22by this part. A person guilty of swearing or affirming falsely
23before the controller commits perjury. The controller shall make
24and file an annual report of the audit and make and publish the
25annual financial report in the same form and manner and at the
26same time as required in this part of the auditors of the
27borough.

28(c) Scope.--The controller shall:

29(1) have supervision and control of the accounts of all
30departments, bureaus and officers of the borough authorized

1to collect, receive or disburse the public money or who are
2charged with the management or custody of the accounts;

3(2) audit their respective accounts and may at any time
4require from any of them a statement in writing of any money
5or property of the borough in their possession or under their
6control, showing the amount of cash on hand and the amount
7deposited in banks and banking institutions together with the
8names of the institutions;

9(3) have power to examine every account of a borough
10officer in any bank or banking institution to verify the
11accuracy of the statement of the borough, department, bureau
12or officer, and it shall be the duty of every department,
13bureau or officer, and of every bank and banking institution,
14its officers and agents, to furnish full information to the
15controller in relation to the account. No banker or banking
16institution, its officers or agents shall be subject to
17prosecution under other laws of this Commonwealth for
18disclosing information with respect to an account;

19(4) immediately upon the discovery of any default,
20irregularity or delinquency, report the discovery to the
21council; and

22(5) audit and report upon the accounts of an officer
23upon the death, resignation, removal or expiration of the
24term of the officer.

25§ 1064. (Reserved).

26§ 1065. Countersigned warrants.

27The controller shall countersign all warrants upon the
28borough treasurer, with the form of the warrant to be prescribed
29by council, except that no warrant shall be countersigned unless
30there is money in the treasury to pay the warrant. If a warrant

1on the treasurer shall be presented to the controller to be
2countersigned, the person presenting the warrant shall, if the
3controller requires, produce evidence that:

4(1) The amount expressed in the warrant is due to the
5person in whose favor it is drawn.

6(2) The supplies or service for payment of which the
7warrant is drawn have been furnished or performed according
8to law and the terms of the contract.

9§ 1066. Prevention of appropriation overdrafts.

10The controller shall not permit any appropriation made by the
11council to be overdrawn. If an appropriation is exhausted, the
12object of which is not complete, the controller shall
13immediately report the fact to the council and accompany the
14report with a statement of the money which have been drawn on
15the appropriation and the particular purpose for which they are
16drawn.

17§ 1067. Amount of contracts to be charged against
18appropriations.

19(a) General rule.--A contract involving appropriation of
20money shall designate the item of appropriation on which it is
21founded, and the estimated amount of the expenditure which shall
22be charged against the item, and certified by the borough
23controller on the contract, before it shall take effect as a
24contract. Payment required by the contract shall be made from
25the fund appropriated.

26(b) Liability for excess.--If the controller certifies a
27contract in excess of the appropriation made, the borough shall
28not be liable for the excess, but the controller and the
29controller's sureties shall be liable for the same, which may be
30recovered in an action at law by the aggrieved contracting

1party.

2(c) Certification by controller.--The controller shall
3certify contracts for the payment of which sufficient
4appropriations have been made.

5§ 1068. Controller's recommendations on borough finances.

6The borough controller shall, as often as the controller may
7deem expedient or the council shall direct, suggest plans to the
8council for the management and improvement of the borough
9finances.

10§ 1069. Books to be kept by controller.

11The borough controller shall keep a regular set of books
12which shall be opened and keep as many accounts, under
13appropriate titles, as may be necessary to show separately and
14distinctly all the estates and property, real and personal,
15vested in the borough, all trusts in the care of the borough,
16all debts due and owing the borough, all receipts and
17expenditures of the various departments of the borough
18government and all appropriations made by council and the sums
19under the same, respectively.

20§ 1070. Appeals from controller's report.

21Appeals may be taken from the settlement and audit of the
22controller, as shown in the controller's report to the court of
23common pleas of the county, by the same persons in the same
24manner within the same time subject to the same conditions and
25procedure and with like effect in every respect as provided in
26this part in the cases of appeals from the settlement and audit
27of the auditors as shown in their report.

28§ 1071. Acceptance by ordinance.

29(a) General rule.--This subchapter shall not become
30operative or effective in any borough not having a controller

1until the borough shall, by ordinance, accept this chapter. If a
2borough accepts this subchapter, the court of common pleas, upon
3petition of council, shall appoint a controller to hold office
4until the first Monday of January following the next municipal
5election at which a controller shall be elected under this part.

6(b) Continuation of borough auditors.--In all boroughs
7accepting this subchapter, the borough auditors then in office
8or the appointed auditor serving as borough auditor shall
9continue to hold their offices until the first day of January
10following the election of a borough controller after which date
11the office of borough auditor shall be abolished.

12(c) Discontinuation.--A borough may discontinue the office
13of controller and either reestablish the office of elected
14auditors or the position of appointed auditor by repealing the
15ordinance under which the office of controller was created. The
16controller in office at the time of the repeal shall continue in
17office until the end of the controller's term.

18SUBCHAPTER E

19(RESERVED)

20SUBCHAPTER F

21TAX COLLECTOR

22Sec.

231086. Powers and duties of tax collector.

24§ 1086. Powers and duties of tax collector.

25(a) General rule.--Except as otherwise provided in
26subsection (b), the tax collector shall be the collector of all
27State, county, borough, school, institution district and other
28taxes levied within the borough by the authorities empowered to
29levy taxes.

30(b) Exception.--

1(1) No tax collector may collect any tax levied and
2imposed under the act of December 31, 1965 (P.L.1257,
3No.511), known as The Local Tax Enabling Act, unless the
4ordinance imposing the tax provides that the tax collector
5shall be the collector of the tax.

6(2) No ordinance, however, may authorize the collection
7of income taxes in a manner other than that provided in
8Chapter 5 of The Local Tax Enabling Act.

9(c) Other laws.--The tax collector shall, in addition to the
10powers, authority, duties and responsibilities provided for by
11this part, have all the powers, perform all the duties and be
12subject to all the obligations and responsibilities for the
13collection of taxes as are now vested in, conferred upon or
14imposed upon tax collectors by law.

15CHAPTER 10A

16MAYOR

17Sec.

1810A01. Eligibility of mayor.

1910A02. Incompatible offices.

2010A03. Oath of mayor.

2110A04. Salary of mayor.

2210A05. Salaried mayor not to receive certain fees.

2310A06. General powers of mayor.

2410A07. Duties of mayor.

2510A08. President or vice president of council to act as mayor.

26§ 10A01. Eligibility of mayor.

27No mayor may hold any other borough office or appointment
28during the term for which the mayor is elected, except as is
29permitted under section 1104 (relating to appointments and
30incompatible offices). The mayor shall be eligible to succeed

1himself. The mayor shall not be a member of council, nor shall
2the mayor preside over or vote at any meeting of council, except
3as provided in section 1003 (relating to when the mayor may
4preside over council and vote, attendance of mayor at council
5meetings and breaking tie votes).

6§ 10A02. Incompatible offices.

7No member of Congress or any person holding any office or
8appointment of profit or trust under the Federal Government or
9any person holding the office of magisterial district judge may
10at the same time be capable of holding the office of mayor.

11§ 10A03. Oath of mayor.

12The mayor, before exercising the duties of office, shall take
13and subscribe an oath or affirmation of office under 53 Pa.C.S.
14§ 1141 (relating to form of oaths of office). The oath or
15affirmation may be taken before a judge or magisterial district
16judge of the county or a notary public and shall be filed with
17the borough secretary and be preserved among the records of the
18borough for a period of six years.

19§ 10A04. Salary of mayor.

20(a) General rule.--The salary of the mayor shall be
21established by ordinance and shall not exceed the following:

22(1) In a borough with a population of less than 5,000, a
23maximum of $2,500 per year.

24(2) In a borough with a population of 5,000 or more but
25less than 10,000, a maximum of $5,000 per year.

26(3) In a borough with a population of 10,000 or more but
27less than 15,000, a maximum of $7,500 per year.

28(4) In a borough with a population in excess of 15,000,
29a maximum of $500 per year per 1,000 residents or fraction of
301,000, the population to be determined by the latest official

1census figures.

2(a.1) Treatment of benefits.--Benefits provided to the mayor
3under section 1202(26) (relating to specific powers) shall not
4be considered pay, salary or compensation, but payment for all
5or a part of the premiums or charges for the benefits shall be
6in accordance with section 1202(26).

7(b) Change in salary.--A change in salary, compensation or
8emoluments of the elected office shall become effective at the
9beginning of the next term of the mayor.

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

11(a) General rule.--Except as provided in subsection (b), any
12salary paid under an ordinance shall be in lieu of all costs and
13fees allowed by a mayor. Costs and fees shall be collected by
14the mayor and deposited into the borough treasury.

15(b) Marriage ceremony fees.--

16(1) Nothing in this part shall be construed to prevent a
17mayor from receiving a monetary fee for the performance of a
18marriage ceremony in this Commonwealth, if the fee does not
19exceed $150 for each ceremony performed.

20(2) Prior to performing these ceremonies, the mayor
21shall notify council in writing of the mayor's intention to
22perform marriage ceremonies.

23(3) The notification to council shall remain in effect
24for the term of the mayor or until the notification is
25rescinded by the mayor.

26(4) The mayor shall maintain accurate accounts of the
27fees received relating to the performance of marriage
28ceremonies and provide council each quarter with a report of
29money received for that period. The quarterly report shall
30include the amount of money received and the names of persons

1from whom money was received, along with the date and the
2location of the performed ceremony, and the quarterly report
3shall be considered a public record.

4(5) The receipt of a fee under this subsection shall not
5be considered a violation of 65 Pa.C.S. Ch. 11 (relating to
6ethics standards and financial disclosure) and shall not be
7considered compensation under this part.

8§ 10A06. General powers of mayor.

9(a) Oaths and affirmations.--The mayor may administer oaths
10and affirmations in matters pertaining to borough affairs.

11(b) Emergencies.--

12(1) In addition to the power granted to mayors by 35
13Pa.C.S. Pt. V (relating to emergency management services) and
14in order to enable the mayor to effectually preserve the
15public peace within the borough, the mayor shall have the
16power to prevent and suppress mobs, riots and unlawful and
17tumultuous assemblies.

18(2) In the event that a state of emergency exists, a
19mayor shall have the authority to request aid and assistance
20from law enforcement officers and agencies from a neighboring
21municipality.

22(3) In response to a request of a mayor made in
23accordance with this subsection, a municipal police officer
24shall, within the borough from which the request was made,
25have the power and authority to enforce the laws of this
26Commonwealth or otherwise perform the functions of that
27office as if enforcing those laws or performing those
28functions within the territorial limits of the officer's
29primary jurisdiction, subject to the limitations and
30conditions set forth in 42 Pa.C.S. § 8953(b), (c), (d) and

1(e) (relating to Statewide municipal police jurisdiction).

2(4) If the mayor considers that a state of emergency
3exists, the mayor may issue a proclamation, which shall be in
4writing and posted in one or more conspicuous places and the
5contents of which shall be made available to all news media,
6declaring a state of emergency for a period not to exceed
7seven days unless sooner rescinded, modified or ratified or
8extended by resolution of council.

9(5) The mayor may prohibit in the proclamation for all
10or part of the borough:

11(i) Any person being on the public streets or in the
12public parks or at any other public place during the
13hours declared by the mayor to be a period of curfew.

14(ii) The entry or departure of persons into or from
15any restricted area.

16(iii) The sale, purchase or dispensing of any
17commodities or goods as designated by the mayor.

18(iv) The transportation, possession or use of
19gasoline, kerosene or other combustible, flammable or
20explosive liquids or materials except in connection with
21the normal operation of motor vehicles, normal home use
22or legitimate commercial use.

23(v) Any other activities as the mayor reasonably
24believes should be prohibited to help preserve life,
25health, property or the public peace.

26(6) The proclamation shall describe the specific
27restricted area with particularity and shall specify the
28hours when restrictions are to be in effect.

29(7) A person violating the proclamation of emergency
30commits a summary offense and shall, upon conviction, be

1sentenced to pay a fine not to exceed $300 and costs or to a
2term of imprisonment not to exceed 30 days.

3§ 10A07. Duties of mayor.

4The mayor shall have the following duties:

5(1) To preserve order in the borough, to enforce the
6ordinances and regulations, to remove nuisances, to exact a
7faithful performance of the duties of the officers appointed
8and to perform any other duties as shall be vested in the
9mayor's office by law or ordinance.

10(2) Except as provided in section 1006(4) (relating to
11duties of council), to sign papers, contracts, obligations
12and documents as may be required by law.

13(3) To collect any costs and fees received and to pay
14the money into the treasury, except as provided in section
1510A05(b) (relating to salaried mayor not to receive certain
16fees), to report to the council from time to time on the
17state of the borough and to make recommendations to the
18council on matters of borough concern. The borough shall
19furnish the mayor with the necessary dockets, books, forms
20and files as are necessary for the conduct of the mayor's
21office and which shall be and remain the property of the
22borough and be surrendered to the mayor's successor in
23office.

24§ 10A08. President or vice president of council to act as
25mayor.

26(a) General rule.--If the mayor is absent or incapacitated
27or there is a vacancy in the office, the duties of the office
28shall be discharged by the president of council or, in the
29absence or incapacity of the president of council or if there is
30a vacancy in the office, by the vice president of council.

1(b) Salary.--While discharging the duties of mayor, the
2president or vice president of council shall be entitled to the
3same salary as the mayor would receive and, during the time the
4salary is paid to the president or vice president of council as
5acting mayor, the mayor shall not be paid compensation.

6(c) Veto and voting power.--The president or vice president
7of council while acting as mayor shall have power to veto a
8proposed ordinance or to break a tie but shall not have power to
9vote as a member of council.

10CHAPTER 11

11POWERS, DUTIES AND RIGHTS OF

12APPOINTED OFFICERS AND EMPLOYEES

13Subchapter

14A. General Provisions

15B. Treasurer

16C. Secretary

17D. Solicitor

18E. Police

19F. Police Pension Fund in Boroughs Having Police Force of
20Less Than Three Members

21G. Manager

22H. Planning Commission (Reserved)

23I. Mine and Quarry Inspection and Surface Support (Reserved)

24J. Civil Service for Police and Fire Apparatus Operators

25K. Independent Auditor (Reserved)

26SUBCHAPTER A

27GENERAL PROVISIONS

28Sec.

291101. Compensation, hours and days of work and outside
30employment.

11102. Accounts.

21103. Bonds.

31104. Appointments and incompatible offices.

41105. Compensation of certain employees.

51105.1. Retirement benefits of employees transferred to
6authorities.

7§ 1101. Compensation, hours and days of work and outside
8employment.

9Appointed officers and employees of the borough shall receive
10compensation for their services as the council shall prescribe.
11Council may also establish the hours and days of work and may
12restrict the outside employment of borough employees or any
13class or category of employment.

14§ 1102. Accounts.

15All officers and employees appointed by a council shall, if
16directed, render their accounts to the council for settlement.

17§ 1103. Bonds.

18If an appointed officer or employee of a borough is required
19by law or action of council to give bond for the faithful
20performance of the officer's or employee's duties, the borough
21may pay the premium on the bond. All bonds required to be given
22by borough officials or employees shall be with a surety company
23authorized by law to act as surety. The borough shall pay a
24proportionate share of the cost of the bond of an appointed tax
25collector in the same ratio as provided in section 804 (relating
26to term and bonds) for elected tax collectors.

27§ 1104. Appointments and incompatible offices.

28(a) General rule.--Unless there is incompatibility in fact,
29an elective or appointive officer of the borough shall be
30eligible to serve on any board, commission, bureau or other

1agency created by or for the borough or any borough office
2created or authorized by statute and may accept appointments
3under the statute.

4(b) Prohibition.--

5(1) Except as set forth in paragraph (2), no elected
6borough official of a borough with a population of 3,000 or
7more may serve as an employee of that borough.

8(2) Paragraph (1) shall not apply to a borough official
9serving as an employee of that borough prior to the
10certification of the 2010 official census or a subsequent
11latest official census which indicates an increase in the
12population of that borough to 3,000 or more.

13(c) Multiple offices.--If there is no incompatibility in
14fact and subject to subsection (a) as to compensation,
15appointees of council may hold two or more appointive borough
16offices, but no mayor or member of council may serve as borough
17manager, secretary or treasurer.

18(d) Magisterial district judges.--No person holding the
19office of magisterial district judge may at the same time hold
20any elected or appointed borough office.

21(e) Secretary and treasurer.--The offices of secretary and
22treasurer may be held by the same person if authorized by
23ordinance.

24(f) Police officers and firefighters.--

25(1) No police officer or firefighter may hold an
26elective office of the borough that employs the police
27officer or firefighter.

28(2) No police officer or firefighter who is employed by
29a regional department, council of government or other
30cooperative venture may hold an elective office of any

1municipality that participates in the regional department,
2council of government or other cooperative venture.

3(3) No police officer or firefighter may hold an
4elective office of the borough in which the police officer or
5firefighter resides if the department employing the police
6officer or firefighter is providing police or fire protection
7service to that borough by contract.

8(g) Majority vote required.--All appointments to be made by
9the council shall be made by a majority of the members of
10council unless a different vote is required by statute.

11(h) Construction.--Nothing contained in this section shall
12be construed to affect the eligibility of a borough official to
13hold any other public office or receive compensation.

14§ 1105. Compensation of certain employees.

15(a) General rule.--A borough may provide, by ordinance, to
16appointees and employees of not less than ten years of
17satisfactory service and who are not less than 60 years of age
18upon termination of active employment with the borough, a
19proportion of the compensation last paid to them but not in
20excess of 50% of the compensation, including benefits received
21under the Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et
22seq.), if any, as fixed in the ordinance or amendment of the
23ordinance.

24(b) Postretirement compensation.--Any arrangement to provide 
25postretirement compensation to retired appointees and employees 
26under this section shall be a pension plan within the meaning of 
27that term under the act of December 18, 1984 (P.L.1005, No.205), 
28known as the Municipal Pension Plan Funding Standard and 
29Recovery Act, and the borough establishing such plan shall 
30provide funding of the pension plan in an amount sufficient to
 

1meet the minimum obligation of the municipality with respect to 
2the pension plan under that act.

3(c) Funding.--The expenditures authorized in this section
4shall be paid out of the general tax levy for the current
5expenditures of the year and not by any special tax.

6(d) Construction.--Nothing in this section shall be 
7construed to preclude an appointee or employee of the borough 
8from joining in any pension system or municipal retirement 
9system that the borough may adopt.

10§ 1105.1. Retirement benefits of employees transferred to
11authorities.

12(a) Required membership.--The following employees of 
13municipal authorities shall be members of the borough retirement 
14system upon a written election as provided in this section:

15(1) An employee of a wastewater authority created by a 
16borough and one or more townships under 53 Pa.C.S. Ch. 56 
17(relating to municipal authorities) that commenced operations 
18after December 1, 2001, who satisfies the requirements of 
19subsection (b), has past service credits under the borough 
20retirement plan and has filed a written election to be a 
21member of the borough retirement system with council and the 
22wastewater authority prior to September 14, 2005.

23(2) An employee of a municipal authority created by a
24borough under 53 Pa.C.S. Ch. 56 that commenced operations
25after October 4, 2010, who satisfies the requirements of
26subsection (b), has past service credits under the borough
27retirement plan and files a written election with the council
28and the authority to be a member of the borough retirement
29system within one year of July 16, 2012.

30(b) Eligibility criteria.--

1(1) In order to qualify for the option under subsection
2(a), the employee must satisfy both of the following
3requirements:

4(i) Immediately prior to the date of transfer of
5employment to the authority, be an employee of the
6borough that, either alone or together with one or more
7municipalities, established the authority.

8(ii) Be an active member of the borough's retirement
9system on the date that the employee's employment was
10transferred to the authority.

11(2) For an employee who files an election under
12subsection (a), the affected authority shall:

13(i) Deduct from the employee's salary an amount
14equal to the employee contribution that would have been
15deducted had the employee continued to be a borough
16employee and shall pay the deducted amount to the
17borough's retirement fund.

18(ii) Pay to the borough's retirement fund an 
19employer contribution equal to the employer normal cost 
20plus anticipated administrative expenses and amortization 
21payments less general municipal pension system State aid 
22expressed as a percentage of the system's total payroll 
23as calculated by the borough under the act of December 
2418, 1984 (P.L.1005, No.205), known as the Municipal 
25Pension Plan Funding Standard and Recovery Act, and 
26applied to the payroll of the employee.

27(c) State aid calculation.--All employees who elect to be
28members of the borough retirement system under this section
29shall be treated as borough employees in determining the
30borough's annual allocation of general municipal pension system

1State aid under section 402(e) of the Municipal Pension Plan
2Funding Standard and Recovery Act, and the annual allocation of
3general municipal pension system State aid under section 402(e)
4of the Municipal Pension Plan Funding Standard and Recovery Act
5shall be payable to the borough.

6SUBCHAPTER B

7TREASURER

8Sec.

91106. Bond and duties.

101107. Assistant treasurer.

11§ 1106. Bond and duties.

12(a) General rule.--The borough treasurer shall, before
13entering upon the duties of office, give bond in an amount
14determined by council, conditioned for the faithful performance
15of the treasurer's duties.

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

17(1) Receive all money due the borough and deposit the
18money promptly in a designated depository in the name of the
19borough.

20(2) Keep distinct and accurate accounts of all sums
21received from taxes and other sources, which accounts shall
22be open to the inspection of council and any citizen of this
23Commonwealth.

24(3) (i) Pay out all money only on direction by the
25council, upon an order signed by the president of council
26and the borough secretary and also by the borough
27controller, if any. The order shall not be executed
28unless there is money in the treasury available.

29(ii) Nothing in this part shall be construed to
30preclude the use of electronic signatures and

1transactions to the extent authorized by the act of
2December 16, 1999 (P.L.971, No.69), known as the
3Electronic Transactions Act, or any other law.

4(4) Annually submit the accounts to the elected
5auditors, independent auditor or controller for settlement.

6(5) Preserve the account books, papers, documents and
7other records of the office and turn them over to the
8successor in office.

9(c) Payment of all other money.--All money received by any
10officer or other person for the use of the borough shall be paid
11to the borough treasurer.

12§ 1107. Assistant treasurer.

13A council may, by resolution, appoint an assistant treasurer
14who may not be a member of the council. Council may appoint the
15assistant treasurer as the assistant secretary if the assistant
16treasurer is not a member of council. The assistant treasurer
17shall assist the treasurer in the performance of the treasurer's
18duties and, in case of absence or disability of the treasurer,
19shall perform the duties and may exercise the powers of the
20treasurer.

21SUBCHAPTER C

22SECRETARY

23Sec.

241111. Duties.

251112. Assistant secretary.

261113. Records open to inspection.

27§ 1111. Duties.

28(a) Attendance at meetings and maintenance of minutes.--The
29secretary shall attend all meetings of the council and shall
30maintain full minutes of its proceedings.

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

2(1) Record or transcribe the bylaws, rules, regulations,
3resolutions and ordinances of the borough in accordance with
4section 1009 (relating to typewritten, printed, photocopied,
5microfilmed and electronically or digitally stored records
6valid and recording or transcribing records).

7(2) Preserve the records and documents of the borough,
8have custody of the corporate seal and deliver to the
9secretary's successor the seal and all books, papers and
10other records and things belonging to the borough.

11(3) Certify copies of any book, paper, record, bylaw,
12rule, regulation, resolution, ordinance or proceeding of the
13borough under the seal of the borough. The copies, if
14certified, shall be admissible in evidence in any court of
15this Commonwealth.

16(4) Attest the execution of all instruments, record all
17ordinances and attest the same by the secretary's signature
18and file of record proof of service of all notices required
19by law. The secretary's certificate shall be good evidence of
20notice.

21(5) Inform council and the public as required by 65
22Pa.C.S. Ch. 7 (relating to open meetings) of all borough
23meetings, including special meetings of council.

24(c) Necessary documents.--The borough shall furnish the
25secretary with the necessary dockets, books, forms and files as
26are necessary for the conduct of the office, which documents
27shall be and remain the property of the borough.

28§ 1112. Assistant secretary.

29A council may, by resolution, appoint an assistant secretary.
30The assistant secretary shall assist the secretary in the

1performance of the secretary's duties and, in case of absence or
2disability of the secretary, perform the duties and may exercise
3the powers of the secretary. The assistant secretary may be
4appointed from the membership of the council but shall not be
5any other officer of the council. Council may appoint the
6assistant secretary as the assistant treasurer if the assistant
7secretary is not a member of council.

8§ 1113. Records open to inspection.

9The fiscal records and documents and the minute book and
10other records and documents of every borough shall be open in
11accordance with the act of February 14, 2008 (P.L.6, No.3),
12known as the Right-to-Know Law.

13SUBCHAPTER D

14SOLICITOR

15Sec.

161116. Solicitor to have control of legal matters.

171117. Duties of solicitor and outside counsel.

181118. Assistant solicitor.

19§ 1116. Solicitor to have control of legal matters.

20The legal matters of the borough shall be under the control
21of the borough solicitor. No department or officer of the
22borough, except as otherwise provided by law, shall employ an
23additional counsel without the assent or ratification of the
24council. The borough solicitor must be licensed to practice law
25in this Commonwealth and may be one person or a law firm,
26partnership, association or professional corporation. The
27borough solicitor serves at the pleasure of council. In the
28absence of the solicitor, the law firm of which the solicitor is
29a member or associate may perform any of the duties or functions
30of the solicitor.

1§ 1117. Duties of solicitor and outside counsel.

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

3(1) Prepare or approve, if directed or requested to do
4so by council or the mayor, any bonds, obligations,
5contracts, leases, conveyances, ordinances and assurances to
6which the borough or any department of the borough may be a
7party.

8(2) Commence and prosecute all actions brought by the
9borough for or on account of any of the estates, rights,
10trusts, privileges, claims or demands of the borough, as well
11as defend the borough or any borough officer against all
12actions or suits brought against the borough or borough
13officer in which any of the estates, rights, privileges,
14trusts, ordinances or accounts of the borough may be brought
15in question before any court in this Commonwealth.

16(3) Furnish the council or committees of the council,
17the mayor or the head of a department, upon request, with an
18opinion in writing upon any question of law which may be
19submitted by any of them in their official capacities.

20(4) Perform every other professional act incident to the
21office which the borough solicitor may be authorized or
22required to do by the council or the mayor.

23(b) Outside counsel.--In the case of a legal dispute between
24the mayor and council or in any other case in which
25representation of the mayor and council by the borough solicitor
26would create a conflict of interest for the borough solicitor,
27the mayor may employ outside counsel at borough expense, not to
28exceed $4,000 in any 12-month period, to perform necessary legal
29services.

30§ 1118. Assistant solicitor.

1A council may, by resolution, appoint an assistant solicitor
2to assist the solicitor in the performance of the solicitor's
3duties and, in the absence or disability of the solicitor, to
4perform the duties and exercise the powers of the solicitor.

5SUBCHAPTER E

6POLICE

7Sec.

81121. Council's powers concerning police.

91122. Police serving under cooperative agreement or contract.

101123. Police badge.

111123.1. Mayor's powers concerning police.

121124. Suspension by mayor.

131125. Compensation.

141126. (Reserved).

151127. School crossing guards.

16§ 1121. Council's powers concerning police.

17(a) Establishment of police department.--Council may, by
18ordinance, establish a police department. If council establishes
19a police department, the following shall apply:

20(1) Council may appoint police officers, subject to
21Subchapter J (relating to civil service for police and fire
22apparatus operators).

23(2) Council may remove, suspend or reduce in rank any
24police officer:

25(i) in accordance with the act of June 15, 1951
26(P.L.586, No.144), entitled "An act regulating the
27suspension, removal, furloughing and reinstatement of
28police officers in boroughs and townships of the first
29class having police forces of less than three members,
30and in townships of the second class"; or

1(ii) subject to Subchapter J.

2(3) Council shall designate the ranks in the police
3department and the duties of each rank and may designate one
4of the police officers as chief of police.

5(4) Council may assign any member of the police
6department to attend training classes offered by the Federal
7or State Government and may pay the police officer's expenses
8while attending the school.

9(5) Council shall determine the total weekly hours of
10employment that shall apply to the police officers.

11(b) Powers of borough police officers.--A borough police
12officer shall have those powers and abilities as are granted to
13police officers under the laws of this Commonwealth, the rules
14of the Supreme Court or the ordinances of the borough for which
15a fine or penalty is imposed unless otherwise excepted in this 
16part.

17(c) Ratification.--In any case in which a borough has
18previously appointed police officers or established a police
19department by action of council but not under an ordinance
20regularly enacted, the action shall be deemed to have been a
21valid exercise of the legislative power of the borough, and all
22police officers appointed shall occupy the same status and shall
23have the same rights and privileges as in the case of police
24officers appointed under authority of an ordinance.

25(d) Political participation.--No police officer may
26participate in any political or election campaign while on duty
27or in uniform or while using borough property otherwise than to
28exercise the officer's right of suffrage.

29§ 1122. Police serving under cooperative agreement or contract.

30(a) General rule.--If a borough enters into a cooperative

1agreement or contract with any municipal corporation, regional
2police force or other governmental entity created by two or more
3municipal corporations under 53 Pa.C.S. Ch. 23 Subch. A
4(relating to intergovernmental cooperation) for the furnishing
5or receiving of police protection as authorized by section
61202(35) (relating to specific powers), the police force of the
7municipal corporation, regional police force or other
8governmental entity furnishing the police protection shall be
9appointed and accepted as the police force of the borough
10receiving the police service by resolution of the council.

11(b) Employment status.--Police officers of the police force
12of a municipal corporation, regional police force or other
13government entity so appointed shall, insofar as civil service
14and pensions are concerned, be deemed to be appointees and
15employees only of the municipal corporation, regional police
16force or other government entity furnishing their service and
17making the original appointment.

18§ 1123. Police badge.

19Borough police officers shall wear a shield or badge with the
20word "Police" when on duty.

21§ 1123.1. Mayor's powers concerning police.

22(a) General rule.--The mayor shall have full charge and
23control of the chief of police and the police force.

24(b) Direction.--The mayor shall direct the time during
25which, the place where and the manner in which the chief of
26police and the police force perform the duties of their rank.

27(c) Delegation of duties.--The mayor may delegate to the
28chief of police or other officer supervision over and
29instruction to subordinate officers in the manner of performing
30their duties.

1(d) Appointment of special police.--The mayor may appoint
2special police during an emergency in which the safety and
3welfare of the borough and the public is endangered.

4(e) Auxiliary police.--The mayor may activate auxiliary
5police in accordance with general law and, notwithstanding any
6other provision of law, may activate auxiliary police for
7purposes of crowd and traffic control for limited periods during
8events if, in the mayor's discretion, public safety is promoted
9by the activation of the auxiliary police.

10§ 1124. Suspension by mayor.

11(a) General rule.--In addition to the powers of council to
12suspend police officers, the mayor may, for cause and without
13pay, suspend any police officers until the succeeding regular
14meeting of the council at which time or later the council may,
15subject to Subchapter J (relating to civil service for police 
16and fire apparatus operators), if they are in effect at the
17time, suspend, discharge, reduce in rank or reinstate with pay
18the police officers.

19(b) Reinstatement.--

20(1) A police officer suspended by the mayor may not be
21reinstated by council at a date earlier than ten working days
22from the date fixed by the mayor for the suspension to
23commence.

24(2) In any case in which the council has reinstated a
25police officer after having been suspended by the mayor, the
26mayor shall not suspend the police officer for reasons:

27(i) arising from the same act for which the first
28suspension was made; or

29(ii) that the council, in reinstating the police
30officer, determined not to be grounds for suspension.

1§ 1125. Compensation.

2Borough police and special police appointed by the mayor
3shall receive compensation as fixed by the council.

4§ 1126. (Reserved).

5§ 1127. School crossing guards.

6(a) Appointment.--

7(1) Upon request by the board of school directors of the
8school district in which a borough is wholly or partially
9located, the council may appoint school crossing guards who
10shall have the duty of controlling and directing traffic and
11pedestrians at or near schools and who shall be in suitable
12and distinctive uniform.

13(2) While on duty, school crossing guards shall be under
14and subject to the direction of the mayor, shall serve at the
15pleasure of the council, except as noted in subsection (b),
16shall not be subject to Subchapter J (relating to civil
17service for police and fire apparatus operators) and shall
18not be entitled to participate in any borough pension plan or
19plans.

20(3) (i) The compensation of the school crossing guards,
21if any, shall be fixed by the council and shall be
22jointly paid by the council and the board of school
23directors, in a ratio to be determined by the council and
24board of school directors.

25(ii) If the council and board of school directors
26are unable to determine the ratio of compensation of the
27school crossing guards to be paid by the council and the
28board, each shall pay one-half of the compensation of the
29crossing guards.

30(4) Notwithstanding any other provision of law,

1auxiliary police officers, appointed as prescribed by general
2law, may be designated to serve as crossing guards.

3(b) Ordinance.--

4(1) The council may enact an ordinance allowing a board 
5of school directors to assume hiring and oversight of school 
6crossing guards. Before the council may enact the ordinance, 
7the board of directors of the school district must adopt a 
8resolution requesting the authority to assume the hiring and 
9oversight of school crossing guards.

10(2) The ordinance enacted by the council shall outline 
11how the police department will provide any necessary training 
12and assistance of the school crossing guards while on duty.

13(3) School crossing guards shall be authorized in the
14management of traffic and pedestrians in and around areas
15identified by the police department and the school district
16superintendent or the superintendent's designees.

17(4) School crossing guards shall not:

18(i) Be subject to the civil service provisions of 
19this part.

20(ii) Be considered part of the bargaining unit of 
21the school district.

22(iii) Be considered:

23(A) An employee as defined under section 1101-A 
24of the act of March 10, 1949 (P.L.30, No.14), known 
25as the Public School Code of 1949.

26(B) A school employee as defined under 24 
27Pa.C.S. § 8102 (relating to definitions).

28(C) An employee under any plan.

29(5) After the ordinance is enacted by the council, the 
30school district shall assume the cost of compensation,
 

1including fixing compensation, if any, of the school crossing 
2guards.

3(6) Notwithstanding any other provision of law,
4auxiliary police officers, appointed as prescribed by general
5law, may be hired by the school district to serve as school
6crossing guards.

7(7) The board of school directors shall notify the
8council of the individuals hired to serve as school crossing
9guards and request the necessary training or assistance be
10provided as outlined by the ordinance.

11SUBCHAPTER F

12POLICE PENSION FUND IN

13BOROUGHS HAVING POLICE FORCE

14OF LESS THAN THREE MEMBERS

15Sec.

161131. Police pension fund.

171132. Private police pension funds and optional transfers.

18§ 1131. Police pension fund.

19(a) Authorization to establish.--If a police force of less
20than three full-time members is being maintained, the borough
21may, unless there is a private organization or association
22constituting and managing an existing pension fund for the
23members of the police force in the borough, by ordinance,
24establish a police pension fund into which each member of the
25police force shall pay an equal and proportionate monthly charge
26to be withheld from the pay of the member.

27(b) Investment and insurance instruments as alternative.--In
28lieu of establishing a pension fund in accordance with
29subsection (a), the borough may, by ordinance, provide
30investment or insurance instruments for the purpose of the

1payment of pensions or annuities to the members of the police
2force who receive honorable discharge by reason of age or
3disability and to the families of police officers injured or
4killed in service.

5(c) Administration.--

6(1) All pension funds or investment or insurance
7instruments established under this section shall be under the
8direction of the council, or a committee as it may designate,
9and shall be applied under regulations as the council may, by
10ordinance, prescribe for the benefit of the members of the
11police force who receive honorable discharge by reason of age
12or disability and the families of police officers injured or
13killed in service.

14(2) Council shall appoint by resolution a chief
15administrative officer who shall have the primary
16responsibility for the execution of the administrative
17affairs of the pension plan, subject to the direction of
18council.

19(3) Any allowances made to individuals who retire by
20reason of disability or age shall be in conformity with a
21uniform scale.

22(d) Eligibility.--The ordinance establishing the police
23pension fund shall prescribe a minimum period of total service,
24a minimum age or both after which members of the force may be
25eligible for retirement from active duty.

26(e) Obligation of payments.--Payments made on account of
27police pensions shall not be a charge on any fund in the
28treasury of the borough or under its control except the police
29pension fund.

30(f) Funding.--A borough establishing a police pension fund

1by ordinance under this section shall provide from any available
2borough revenue source funding of the police pension fund in an
3amount sufficient to meet the minimum obligation of the borough
4with respect to the police pension fund under the act of
5December 18, 1984 (P.L.1005, No.205), known as the Municipal
6Pension Plan Funding Standard and Recovery Act.

7(g) Management.--

8(1) A borough may take, by gift, grant, devise or
9bequest, any money or property, real, personal or mixed, in
10trust for the benefit of the police pension fund.

11(2) The care, management, investment and disposal of the
12trust funds or property shall be vested in the officers as
13the borough shall direct by ordinance and shall be governed
14by the officers, subject to any directions not inconsistent
15with the ordinance as the donors of the funds and property
16may prescribe.

17(h) Right to equal and proportionate share.--No person
18participating in the police pension fund and becoming entitled
19to receive a benefit from the fund may be deprived of the
20person's right to an equal and proportionate share of the fund
21upon the basis upon which the person first became entitled to
22the benefit.

23(i) Applicable law.--The act of May 29, 1956 (1955 P.L.1804,
24No.600), referred to as the Municipal Police Pension Law, or the
25act of February 1, 1974 (P.L.34, No.15), known as the
26Pennsylvania Municipal Retirement Law, shall govern any borough
27police pension fund not established under the provisions of this
28section.

29§ 1132. Private police pension funds and optional transfers.

30(a) General rule.--If there is a private organization or

1association constituting and managing an existing pension fund
2for the members of the police force in any borough, the borough
3shall establish a police pension for the purpose of paying
4pensions to the members of its police force if the membership of
5the organization or association by a two-thirds vote elects to
6transfer its funds with all its assets and liabilities into a
7borough pension fund as required to be established by this part.

8(b) Assumption of liability--The transfer in subsection (a)
9may be made by the transfer of securities. After the transfer,
10the borough police pension fund shall assume the liability of
11continuing the payment of pensions to members of the police
12force retired prior to the transfer, in accordance with the laws
13and regulations under which the members were retired.

14SUBCHAPTER G

15MANAGER

16Sec.

171141. Borough manager created by ordinance and election.

181142. Powers and duties.

191143. Other offices not incompatible.

20§ 1141. Borough manager created by ordinance and election.

21(a) General rule.--The council of a borough may, at its
22discretion at any time, create by ordinance the office of
23borough manager and may in like manner abolish the office. While
24the office exists, the council shall, from time to time, and if
25there is a vacancy, elect, by a vote of a majority of all the
26members, one person to fill the office.

27(b) Subject to employment agreement.--The borough manager
28shall serve at the pleasure of council, subject to contractual
29rights that may arise under an employment agreement that may be
30entered in accordance with section 1142 (relating to powers and

1duties).

2§ 1142. Powers and duties.

3(a) General rule.--The powers and duties of the borough
4manager shall be regulated by ordinance.

5(b) Employment agreement.--

6(1) Council may enter into an employment agreement with
7the borough manager that specifies the terms and conditions
8of employment.

9(2) The employment agreement may remain in effect for a
10specified period terminating no later than two years after
11the effective date of the agreement or the date of the
12organizational meeting of council following the next
13municipal election, whichever shall occurs first.

14(3) An employment agreement entered into under this
15section may specify conditions under which a borough manager
16will be entitled to severance compensation, but in no event
17may the employment agreement guarantee employment through the
18term of the agreement or confer upon the borough manager any
19legal remedy based on specific performance.

20(4) An employment agreement with a borough manager
21executed on or after a municipal election but before the
22first meeting in January the year after the municipal
23election shall be void.

24(5) The council may delegate to the borough manager by
25ordinance and subject to recall, any of the nonlegislative
26and nonjudicial powers and duties of the council, the
27planning commission and the shade tree commission. With
28approval of council, the mayor may delegate to the borough
29manager any of the mayor's nonlegislative and nonjudicial
30powers and duties.

1§ 1143. Other offices not incompatible.

2The offices of borough manager, street commissioner,
3secretary, treasurer and chief of police shall not be
4incompatible, and any two or more or all of offices may be held
5by one person. Neither the mayor nor any member of the council
6shall be eligible to hold the office of borough manager.

7SUBCHAPTER H

8PLANNING COMMISSION

9(Reserved)

10SUBCHAPTER I

11MINE AND QUARRY INSPECTION

12AND SURFACE SUPPORT

13(Reserved)

14SUBCHAPTER J

15CIVIL SERVICE FOR POLICE AND

16FIRE APPARATUS OPERATORS

17Sec.

181170. Definitions.

191171. Appointments of police and fire apparatus operators.

201172. Civil service commission.

211173. Offices incompatible with civil service commissioner.

221174. Organization of commission.

231175. Clerks, supplies and solicitor.

241176. Rules and regulations.

251177. Minutes and records.

261178. Investigations.

271179. Subpoenas.

281180. Annual report.

291181. General provisions relating to examinations.

301182. Application for examination.

11183. Rejection of applicant and hearing.

21184. Eligibility list and manner of filling appointments.

31185. Age and residency of applicants.

41186. Probationary period.

51187. Provisional appointments.

61188. Promotions.

71189. Physical and psychological medical examination.

81190. Removals.

91191. Hearings on dismissals and reductions.

101192. Employees exempted.

111193. Discrimination on account of political or religious
12affiliations.

131194. Penalty.

14§ 1170. Definitions.

15The following words and phrases when used in in this
16subchapter shall have the meanings given to them in this section
17unless the context clearly indicates otherwise:

18"Fire apparatus operator." A person who operates fire
19apparatus and devotes his normal working hours to operating any
20piece of fire apparatus or other services connected with fire
21protection work and who is paid a stated salary or compensation
22for the work by the borough.

23"Police force." A police force organized and operating as
24prescribed by law, the members of which devote their normal
25working hours to police duty or duty in connection with the
26bureau, agencies and services connected with police protection
27work and who are paid a stated salary or compensation for the
28work by the borough. As used in this subchapter, the term shall
29not include any of the following:

30(1) Special police appointed by the mayor to act in

1emergencies.

2(2) A person appointed solely for parking meter
3enforcement duties.

4(3) Special school police.

5(4) Extra police serving from time to time or on an
6hourly or daily basis.

7(5) An auxiliary policeman appointed under the act of
8January 14, 1952 (1951 P.L.2016, No.561), entitled "An act
9providing for supplementing the police forces of cities,
10boroughs, towns and townships, for the appointment, powers
11and control of auxiliary police therein, and for the transfer
12during disasters and emergencies of such auxiliary police,
13members of the regular police forces, and police equipment
14thereof."

15§ 1171. Appointments of police and fire apparatus operators.

16(a) Nonapplicability of subchapter.--This subchapter shall
17not apply to:

18(1) a borough that has a police force of less than three
19members;

20(2) a borough that has a police force of three or more
21members if those members in excess of two are appointed on a
22temporary basis through a federally funded program;

23(3) a volunteer fire department or company that employs
24its own operators; or

25(4) a borough that has less than three salaried fire
26apparatus operators.

27(b) Compensation.--This subchapter is subject to the power
28of council to determine compensation.

29(c) Appointments and promotions.--An appointment to and
30promotion in the police force or as fire apparatus operator paid

1directly by a borough and in the borough shall be made only
2according to qualifications and fitness, to be ascertained by
3examinations which shall be competitive as provided in this
4part.

5(d) Suspension, removal and reduction in rank.--No person
6shall be suspended, removed or reduced in rank as a paid
7employee in any police force or as a paid fire apparatus
8operator of a borough, except in accordance with this
9subchapter.

10(e) Retirement.--Nothing in this subchapter shall apply to
11retirement, nor shall anything in this subchapter be construed
12to prevent a borough from adopting a compulsory retirement age
13for its employees or for any class of employees and from
14retiring all employees automatically when they reach that age.

15§ 1172. Civil service commission.

16(a) Establishment.--A civil service commission is
17established in each borough where a police force or paid fire
18apparatus operators are maintained.

19(b) Membership and terms.--The commission shall consist of
20three commissioners who shall be qualified electors of the
21borough and appointed by the council initially to serve for the
22terms of two, four and six years. As terms expire, the
23commissioners shall be appointed for terms of six years.

24(c) Vacancies.--A vacancy occurring in the commission for
25any reason shall be filled by the council for the unexpired term
26within the period of 30 days after the vacancy occurs.

27(d) Alternate members.--

28(1) Council may appoint no more than three qualified
29electors of the borough to serve as alternate members of the
30commission. The term of office of the alternate members shall

1be six years.

2(2) If seated under section 1174 (relating to 
3organization of commission), an alternate shall be entitled
4to participate in all proceedings and discussions of the
5commission to the same and full extent as provided by law for
6commission members, including specifically the right to cast
7a vote as a voting member during the proceedings, and shall
8have all the powers and duties specified in this part and as
9otherwise provided by law.

10(3) An alternate member may not hold another office in
11the borough.

12(4) An alternate may participate in any proceeding or
13discussion of the commission but may not vote as a member of
14the commission unless designated as a voting alternate member
15under section 1174.

16(e) Oath or affirmation of office.--Each member of the
17commission, before entering upon the discharge of the duties of
18office, shall take an oath or affirmation of office under 53
19Pa.C.S. § 1141 (relating to form of oaths of office).

20(f) Compensation prohibited.--The civil service
21commissioners shall receive no compensation.

22§ 1173. Offices incompatible with civil service commissioner.

23No commissioner shall at the same time hold an elective or
24appointed office under the Federal Government, this Commonwealth
25or any political subdivision of the Commonwealth, except that
26one member of the commission may be a member of the council and
27one may be a member of the teaching profession.

28§ 1174. Organization of commission.

29(a) General rule.--The commission first appointed shall
30organize within ten days of its appointment and shall elect one

1of its members as the chair and one as the secretary. The
2commission shall meet and organize on the first Monday of each
3even-numbered year. Each commissioner shall be notified in
4writing of each and every meeting.

5(b) Quorum.--Three members of the commission shall
6constitute a quorum. If, by reason of absence or
7disqualification of a member a quorum is not reached, the chair
8shall designate as many alternate members of the commission to
9sit on the commission as may be needed to provide a quorum.

10(c) Alternate members.--

11(1) An alternate member of the commission shall continue
12to serve on the commission in all proceedings involving the
13matter or case for which the alternate was initially
14designated until the commission has made a final
15determination of the matter or case.

16(2) Designation of an alternate member under this
17section shall be made on a case-by-case basis in rotation
18according to declining seniority among the alternates.

19(d) Validity of commission action.--No action of the
20commission may be valid unless it shall have the concurrence of
21at least two members.

22§ 1175. Clerks, supplies and solicitor.

23The borough shall:

24(1) Furnish to the commission, on its requisition,
25clerical assistance that may be necessary for the work of the
26commission.

27(2) Provide a suitable and convenient room for the use
28of the commission. The commission shall order from the
29borough the necessary stationery, postage, printing and
30supplies.

1(3) Provide the services of a solicitor for the
2commission to be appointed by the commission and paid by the
3borough. The borough may place a reasonable limit on the
4amount allowed each year for the services of the commission
5solicitor.

6(4) Through its elected and appointed officials, aid the
7commission in all proper ways in carrying out the provisions
8of this subchapter relating to civil service.

9§ 1176. Rules and regulations.

10(a) General rule.--The commission may prescribe, amend and
11enforce rules and regulations for carrying into effect this
12subchapter and shall be governed by the rules and regulations.
13Before the effective date of the rules and regulations or
14amendments to them, they shall be first approved by council. If
15the rules and regulations or amendments have been approved, they
16shall not be annulled, amended or added to without the approval
17of council.

18(b) Public distribution and inspection.--All rules and
19regulations and modifications shall be made available by the
20borough for public distribution or inspection.

21§ 1177. Minutes and records.

22The commission shall maintain minutes of its proceedings and
23records of examinations and other official actions. All
24recommendations of applicants for appointment received by the
25commission shall be kept and preserved for a period of five
26years, and all records and all written causes of removal filed
27with the commission, except as otherwise provided in section
281191 (relating to hearings on dismissals and reductions), shall
29be open to public inspection and subject to reasonable
30regulation.

1§ 1178. Investigations.

2The commission may conduct investigations concerning all
3matters touching the administration and enforcement of this
4subchapter and rules and regulations adopted under this
5subchapter. The chair of the commission may administer oaths and
6affirmations in connection with the investigations.

7§ 1179. Subpoenas.

8(a) General rule.--The commission may issue subpoenas over
9the signature of the chair to require the attendance of
10witnesses and the production of records and papers pertaining to
11any investigation or inquiry. The fees of witnesses for
12attendance and travel shall be the same as for witnesses
13appearing in the courts and shall be paid from appropriations
14for the incidental expenses of the commission.

15(b) Persons required to attend.--All officers in public
16service and employees shall attend and testify if required to do
17so by the commission.

18(c) Penalty for violation.--If any person refuses or
19neglects to obey a subpoena issued by the commission, the person
20shall, upon conviction, be sentenced to pay a fine not to exceed
21$100 and, in default of the payment of the fine and costs, shall
22be imprisoned for a term not to exceed 30 days.

23(d) Petition to court.--If a person refuses or neglects to
24obey a subpoena issued by the commission, the commission may
25apply by petition to the court of common pleas of the county for
26its subpoena requiring the attendance of the person before the
27commission or the court to testify and to produce any records
28and papers necessary and, if the person defaults, the person
29shall be held in contempt of court.

30§ 1180. Annual report.

1The commission shall make an annual report to the council
2containing a brief summary of its work during the year which
3shall be available for public inspection.

4§ 1181. General provisions relating to examinations.

5(a) Rules and regulations.--

6(1) The commission shall make rules and regulations, to
7be approved as provided in section 1176 (relating to rules
8and regulations), providing for the examination of applicants
9for positions in the police force and as paid fire apparatus
10operators and for promotions, which rules and regulations
11shall prescribe the minimum qualifications of all applicants
12to be examined and the passing grades.

13(2) All examinations for positions or promotions shall
14be practical in character and shall relate to matters and
15include inquiries as will fairly test the merit and fitness
16of the persons examined to discharge the duties of the
17employment sought by them.

18(3) All examinations shall be open to all applicants who
19have the minimum qualifications required by the rules and
20regulations.

21(4) Each applicant for an original position shall:

22(i) Be subject to the regulations adopted by the
23commission.

24(ii) Either before or after the written examination,
25submit to a physical fitness or agility examination that
26is job related and consistent with business necessity.

27(iii) If made a conditional offer of employment, be 
28given a physical and psychological medical examination as
29provided in section 1189 (relating to physical and 
30psychological medical examination).

1(iv) Be subject to a background investigation.
2Background investigations may be restricted to those
3candidates on an eligibility list or those to be
4certified to council for appointment in accordance with
5section 1184 (relating to eligibility list and manner of 
6filling appointments).

7(a.1) Promotions.--

8(1) An applicant for promotion shall be subject to the
9regulations adopted by the commission and to examination and
10selection in accordance with section 1188 (relating to 
11promotions).

12(2) A physical fitness or agility examination that is
13job related and consistent with business necessity and
14physical and psychological medical examinations may, but need
15not, be required for a promotion.

16(b) Public notice.--Public notice of the time and place of
17every examination, together with the information as to the kind
18of position to be filled, shall be given by publication once in
19a newspaper of general circulation, at least two weeks prior to
20each examination, and a copy of the notice shall be prominently
21posted in the office of the commission or other public place.

22(c) Posting of eligibility list.--The commission shall post
23in its office the eligibility list containing the names and
24grades of those who have passed the examination.

25§ 1182. Application for examination.

26A person who desires to apply for examination must file with
27the commission a formal application in which the applicant shall
28provide, under oath or affirmation, the following information:

29(1) Full name and residence or post office address.

30(2) Citizenship and place and date of birth.

1(3) Condition of health and physical capacity for public
2service.

3(4) Business or employment and the applicant's residence
4for the past five years.

5(5) Other information as may be required by the
6commission's rules and regulations, showing the applicant's
7qualifications for the position for which the applicant is
8being examined.

9§ 1183. Rejection of applicant and hearing.

10(a) General rule.--The commission may refuse to examine or, 
11if examined, may refuse to certify after examination as eligible 
12any applicant who:

13(1) is found to lack any of the minimum qualifications
14for examination prescribed in the rules and regulations
15adopted for the position or employment for which the
16applicant has applied;

17(2) is physically unfit for the performance of the
18duties of the position to which the applicant seeks
19employment;

20(3) is illegally using a controlled substance, as 
21defined in section 102 of the Controlled Substances Act 
22(Public Law 91-513, 21 U.S.C. § 802);

23(4) has been guilty of any crime involving moral 
24turpitude or of infamous or notoriously disgraceful conduct;

25(5) has been dismissed from public service for
26delinquency or misconduct of office; or

27(6) is affiliated with any group whose policies or
28activities are subversive to the form of government
29enumerated in the Constitutions and laws of the United States
30and this Commonwealth.

1(b) Hearing requirements.--

2(1) If an applicant is aggrieved by the refusal of the
3commission to certify the applicant as eligible after
4examination or a person is aggrieved by refusal of the
5commission to examine the person, the commission shall, at
6the request of the applicant or person aggrieved, within ten
7days, appoint a time and place for a public hearing.

8(2) At the hearing, the applicant or person aggrieved
9may appear with or without counsel, and the commission shall
10take testimony and review its refusal to provide examination
11or certification.

12(3) The deliberations of the commission, including
13interim rulings on evidentiary or procedural issues, may be
14held in the nature of a closed executive session.

15(4) The commission's disposition of the matter shall
16constitute official action which shall occur at a public
17meeting held under 65 Pa.C.S. Ch. 7 (relating to open
18meetings).

19(5) The decision of the commission shall be final.

20§ 1184. Eligibility list and manner of filling appointments.

21(a) Ranking of candidates.--

22(1) At the completion of the testing process, including
23a physical agility or other examination, with the exception
24of a background investigation to be conducted after the
25establishment of an eligibility list and physical and
26psychological medical examination under section 1189
27(relating to physical and psychological medical examination),
28the commission shall rank the candidates who have satisfied
29the minimum requirements for appointment on an eligibility
30list.

1(2) The eligibility list shall contain the names of
2individuals eligible for appointment listed from highest to
3lowest based on their scores on the examinations administered
4by the commission and any points for which an applicant was
5entitled by virtue of 51 Pa.C.S. Ch. 71 (relating to
6veterans' preference).

7(3) The eligibility list will be valid for one year from 
8the date the commission formally adopts the eligibility list.

9(4) Prior to expiration of the one-year period, the 
10commission may extend the validity of the eligibility list 
11for up to an additional 12 months by a majority vote of the 
12commission at a duly authorized commission meeting.

13(5) In the absence of a lawful extension by the
14commission under paragraph (4), the list shall expire.

15(b) Procedure for filling positions.--Except as provided in
16subsection (c), every original position or employment in the
17police force or as paid fire apparatus operators, except that of
18chief of police or chief of the fire department, or equivalent,
19shall be filled only in the following manner:

20(1) The council shall notify the commission of any
21vacancy which is to be filled and shall request the
22certification of an eligibility list.

23(2) The commission shall certify for each existing
24vacancy from the eligibility list the names of the three
25persons or a lesser number, if three are not available, who
26have received the highest average.

27(3) The council shall make a conditional appointment
28from the three names certified, based solely on the merits
29and fitness of the candidates, unless council makes
30objections to the commission regarding one or more of the

1certified persons for any of the reasons stated in section
21183 (relating to rejection of applicant and hearing).

3(4) If the objections are sustained by the commission as
4provided in section 1183 or the conditional appointee is
5determined to be unqualified in accordance with the
6procedures specified in section 1189, the commission shall
7strike the name of the person from the eligibility list and
8certify the next highest name for each name stricken from the
9eligibility list.

10(5) As each subsequent vacancy occurs in the same or
11another position, the same procedure shall be followed.

12(c) Vacancies in existing positions.--

13(1) Any vacancy in an existing position in the police
14force or as a paid fire apparatus operator which occurs as a
15result of retirement, resignation, disability or death may be
16filled by council by the reappointment or reinstatement of a
17former employee of the police force or fire department who
18had previously complied with this section.

19(2) No examination, other than a physical examination as
20directed by the civil service commission, shall be required
21in any case of reappointment or reinstatement.

22(d) Vacancies in certain offices.--

23(1) In the case of a vacancy in the office of chief of
24police or chief of the fire department, or equivalent
25official, the council may nominate a person to the
26commission.

27(2) The commission shall subject the nominated person to
28a noncompetitive examination and, if the person is certified
29by the commission as qualified, the person may then be
30appointed to the position and shall be subject to this

1subchapter.

2§ 1185. Age and residency of applicants.

3No person shall be eligible to apply for examination unless
4the person is at least 18 years of age at the date of
5application. An applicant need not be a resident of the borough.
6The council of the borough may authorize the commission, by rule
7or regulation, to require police officers and paid fire
8apparatus operators to become residents of the borough after
9appointment to the positions.

10§ 1186. Probationary period.

11(a) General rule.--An original appointment to a position in
12the police force or as a paid fire apparatus operator shall be
13for a probationary period of not less than six months and not
14more than one year, but during the probationary period an
15appointee may be dismissed only for a cause specified in section
161183 (relating to rejection of applicant and hearing) or because 
17of incapacity for duty due to the use of alcohol or drugs.

18(b) Notice denying permanent appointment.--

19(1) If, at the close of a probationary period, the
20conduct or fitness of the probationer has not been
21satisfactory to the council, the probationer shall be
22notified in writing that the probationer will not receive a
23permanent appointment and the appointment shall cease.

24(2) If the probationer is not notified or dismissed in
25accordance with this section, the probationer's retention
26shall be equivalent to a permanent appointment.

27(c) Finality of decision.--The decision of a borough to
28suspend or discharge a probationer shall be final and shall not
29be subject to the hearing provisions of section 1191 (relating
30to hearings on dismissals and reductions).

1§ 1187. Provisional appointments.

2(a) General rule.--If there are urgent reasons for the
3filling of a vacancy in a position in the police force and there
4are no names on the eligibility list for the appointment, the
5council may nominate a person to the commission for
6noncompetitive examination, and, if the nominee shall be
7certified by the commission as qualified after noncompetitive
8examination, the nominee may be appointed provisionally to fill
9the vacancy.

10(b) Competitive examination required.--

11(1) Within three weeks of the provisional appointment,
12the commission shall hold a competitive examination and
13certify an eligibility list. A regular appointment shall then
14be made from the name or names submitted by the commission.

15(2) Nothing in this section shall be construed to
16prevent the appointment, without examination, of persons
17temporarily as police officers in cases of riot or other
18emergencies or as fire apparatus operators in emergency
19cases.

20§ 1188. Promotions.

21(a) General rule.--A promotion shall be based on merit to be
22ascertained by an examination to be prescribed by the
23commission. All questions relative to a promotion shall be
24practical in character and fairly test the merit and fitness of
25persons seeking promotion.

26(b) Notification of vacancy.--Council shall notify the
27commission of a vacancy in the police force or as a paid fire
28apparatus operator in the borough which is to be filled by
29promotion and shall request the certification of an eligibility
30list.

1(c) Certification required.--

2(1) The commission shall certify for each vacancy the
3names of three persons on the eligibility list who have
4received the highest average in the last preceding
5promotional examination held within a period of two years
6preceding the date of the request for the eligibility list.

7(2) If three names are not available, the commission
8shall certify the names remaining on the eligibility list.

9(3) The council shall make an appointment from the names
10certified, based solely on the merits and fitness of the
11candidate, unless council makes objections to the commission
12regarding one or more of the persons so certified for any
13reason provided under section 1183 (relating to rejection of
14applicant and hearing).

15(d) Increase in salary as promotion.--The council may
16determine in each instance whether an increase in salary
17constitutes a promotion.

18§ 1189. Physical and psychological medical examination.

19(a) Conditional offer of employment.--

20(1) An applicant selected from the eligibility list
21shall receive a conditional offer of employment. The offer of
22employment shall be conditioned upon the conditional
23appointee undergoing a physical and psychological medical
24examination and a determination that the conditional
25appointee is capable of performing all the essential
26functions of the position.

27(2) Physical medical examinations shall be conducted
28under the direction of a physician or other qualified medical
29professional.

30(3) Psychological medical examinations shall be

1conducted under the direction of a psychiatrist or
2psychologist.

3(b) Opinion to be rendered.--The physician, other qualified
4medical professional, psychiatrist or psychologist must be
5appointed by council and shall render an opinion as to whether
6the conditional appointee has a physical or mental condition
7which calls into question the person's ability to perform all of
8the essential functions of the position for which the person was
9conditionally appointed.

10(c) Interactive discussion with conditional appointee.--If
11the opinion rendered by the physician, other qualified medical
12professional, psychiatrist or psychologist calls into question
13the conditional appointee's ability to perform all essential
14functions of a position, the person designated by council shall
15meet with the conditional appointee for the purpose of having
16one or more interactive discussions on whether the conditional
17appointee can, with or without reasonable accommodation, perform
18all the essential functions of the position.

19(d) Written notice after interactive discussion.--If, at the
20conclusion of the interactive discussion conducted under
21subsection (c), council determines that the conditional
22appointee is not qualified, council shall give written notice to
23the conditional appointee and the commission.

24(e) Construction.--Nothing in this part shall be construed
25to authorize physical or psychological medical examinations
26prior to conditional appointment.

27(f) Definitions.--The following words and phrases used in 
28this section shall have the meanings given to them in this 
29subsection unless the context clearly indicates otherwise:

30"Medical examination." An examination, procedure, inquiry or
 

1test designed to obtain information about medical history or a 
2physical or mental condition which might disqualify an applicant 
3for a position if it would prevent the applicant from 
4performing, with or without a reasonable accommodation, all of 
5the essential functions of the position.

6"Physician." The term shall have the meaning given to it
7under 1 Pa.C.S. § 1991 (relating to definitions).

8"Qualified medical professional." An individual, in
9collaboration with or under the supervision or direction of a
10physician, as may be required by law, who is licensed:

11(1) as a physician assistant under the act of December
1220, 1985 (P.L.457, No.112), known as the Medical Practice Act
13of 1985, or the act of October 5, 1978 (P.L.1109, No.261),
14known as the Osteopathic Medical Practice Act; or

15(2) as a certified registered nurse practitioner under
16the act of May 22, 1951 (P.L.317, No.69), known as The
17Professional Nursing Law.

18§ 1190. Removals.

19(a) General rule.--No person employed in any police or fire
20force of any borough may be suspended without pay, removed or
21reduced in rank except for the following reasons:

22(1) Physical or mental disability affecting the person's
23ability to continue in service, in which cases the person
24shall receive an honorable discharge from service.

25(2) Neglect or violation of any official duty.

26(3) Violation of any law if the violation constitutes a
27misdemeanor or felony.

28(4) Inefficiency, neglect, intemperance, immorality,
29disobedience of orders or conduct unbecoming of an officer.

30(5) Intoxication while on duty.

1(6) Engaging or participating in the conduct of a
2political or election campaign while on duty or in uniform or
3while using borough property otherwise than to exercise the
4person's own right of suffrage.

5(7) Engaging or participating in the conduct of a
6political or election campaign for an incompatible office as
7provided in section 1104(f) (relating to appointments and
8incompatible offices).

9(b) Restriction.--A person employed by a police or fire 
10force shall not be removed for religious, racial or political
11reasons.

12(c) Statement of charges.--A written statement of charges
13made against a person shall be furnished to the person within
14five days after the statement of charges is filed. The person
15shall have ten days from the date of receiving the notice to
16submit a written request for a hearing to the civil service
17commission under section 1191 (relating to hearings on 
18dismissals and reductions).

19(d) Furlough.--If, for reasons of economy or other reasons, 
20it shall be deemed necessary by any borough to reduce the number 
21of paid employees of the police or fire force, the borough shall 
22furlough the person, including a probationer, last appointed to 
23the respective force. The removal shall be accomplished by 
24furloughing in numerical order commencing with the person last 
25appointed until the reduction shall have been accomplished. In 
26the event the police force or fire force shall again be 
27increased, the employees furloughed shall be reinstated in the 
28order of their seniority in the service. This subsection as to 
29reductions in force is not applicable to a chief of police.

30§ 1191. Hearings on dismissals and reductions.

1(a) Time of answer and hearing.--A person suspended, removed
2or reduced in rank may make written answers to any charges filed
3against the person not later than the day scheduled for the
4hearing. The commission shall grant the person a hearing that
5shall be held within a period of ten days from the filing of
6written charges, unless continued by the commission for cause at
7the request of the council or the accused. The failure of the
8commission to hold a hearing within ten days from the filing of
9the written charges shall not result in the dismissal of the
10charges filed.

11(b) Conduct of hearing.--At any hearing, the person against
12whom the charges are made may be present in person and by
13counsel. The council may suspend the person, without pay,
14pending the determination of the charges against the person,
15but, in the event the commission fails to uphold the charges,
16the person sought to be suspended, removed or reduced in rank
17shall be reinstated with full pay for the period during which
18the person was suspended, removed or reduced in rank, and no
19charges shall be officially recorded against the person's
20record. A stenographic record of all testimony taken at the
21hearings shall be filed with and preserved by the commission,
22which record shall be sealed and not be available for public
23inspection in the event the charges are dismissed.

24(c) Appeal.--All parties shall have an immediate right of
25appeal to the court of common pleas of the county, and the case
26shall there be determined as the court deems proper. No order of
27suspension made by the commission may be for a longer period
28than one year. The appeal shall be taken within 30 days from the
29date of entry by the commission of its final order and shall be
30by petition. Upon the appeal being taken and docketed, the court

1of common pleas shall schedule a day for a hearing and shall
2proceed to hear the appeal on the original record and additional
3proof or testimony as the parties concerned may desire to offer
4in evidence. The decision of the court affirming or revising the
5decision of the commission shall be final, and the employee
6shall be suspended, discharged, reduced in rank or reinstated in
7accordance with the order of court.

8(d) Proceedings.--The council and the person sought to be
9suspended, removed or reduced in rank shall at all times have
10the right to employ counsel before the commission and upon
11appeal to the court of common pleas. Unless the council or the
12person sought to be suspended, removed or reduced in rank
13requests that the proceedings before the commission be open to
14the public, the proceedings before the commission under this
15section shall be held in the nature of a closed executive
16session that shall not be open to the public. The request shall
17be presented to the commission before the civil service hearing
18commences. The deliberations of the commission, including
19interim rulings on evidentiary or procedural issues, may be held
20in private and shall not be subject to a request for being open
21to the public, the council or the person sought to be suspended,
22removed or reduced in rank. The commission's disposition of the
23disciplinary action shall constitute official action which shall
24occur at a public meeting held pursuant to 65 Pa.C.S. Ch. 7
25(relating to open meetings).

26§ 1192. Employees exempted.

27All appointments in the police or fire forces of boroughs,
28including the chief of police or equivalent official, prior to
29the creation of a commission, shall continue to hold their
30positions and shall not be required to take any examination

1under the provisions of this subchapter, except that which may
2be required for promotion. This section shall not be construed
3to apply to persons employed temporarily in emergency cases.

4§ 1193. Discrimination on account of political or religious
5affiliations.

6(a) Information.--No question in any form of application for
7examination or in any examination shall be so framed as to
8elicit information concerning the political or religious
9opinions or affiliations of any applicant nor shall inquiry be
10made concerning the opinions or affiliations, and all
11disclosures of opinions or affiliations shall be ignored.

12(b) Prohibition.--No discrimination shall be exercised,
13threatened or promised by any person against or in favor of any
14applicant or employee because of political or religious opinions
15or affiliations or race, and no offer or promise or reward,
16favor or benefit, directly or indirectly, shall be made to or
17received by any person for any act done or duty omitted or to be
18done under this subchapter.

19§ 1194. Penalty.

20A member of council who, by vote, appoints any person to the
21police force or as a fire apparatus operator contrary to the
22provisions of this subchapter, or a member of council or member
23of the commission who willfully refuses to comply with or
24conform to the provisions of this subchapter, commits a
25misdemeanor and, upon conviction, shall be sentenced to pay a
26fine not exceeding $100 or to imprisonment not exceeding 90
27days, or both.

28SUBCHAPTER K

29INDEPENDENT AUDITOR

30(Reserved)

1CHAPTER 12

2CORPORATE POWERS

3Sec.

41201. General powers.

51201.1. Real property.

61201.2. Personal property.

71201.3. Exceptions.

81202. Specific powers.

91203. Reserved powers.

10§ 1201. General powers.

11A borough may:

12(1) Have succession perpetually by its corporate name.

13(2) Sue and be sued and complain and defend in the
14courts of this Commonwealth.

15(3) Make and use a common seal and alter the same at its
16discretion.

17(4) Purchase, exchange, acquire by gift or otherwise,
18hold, lease, let and convey, by sale or lease, real and
19personal property deemed to be in the best interest of the
20borough, subject to the restrictions, limitations or
21exceptions as set forth in this chapter.

22§ 1201.1. Real property.

23(a) Sale.--No real estate owned by the borough may be sold
24except upon approval of council by resolution. Additionally, no
25real estate owned by the borough may be sold for a consideration
26in excess of $1,500, except to the highest bidder after due
27notice by advertisement for bids or advertisement of a public
28auction.

29(a.1) Advertisement.--The advertisement shall be published
30once in one newspaper of general circulation not less than ten

1days prior to the date scheduled for the opening of bids or
2public auction. The date for opening bids or public auction
3shall be announced in the advertisement.

4(a.2) Award of contracts.--The award of contracts shall be
5made only by public announcement at a regular or special meeting
6of council or at the public auction. All bids shall be accepted
7on the condition that payment of the purchase price in full
8shall be made within 60 days of the acceptance of bids. If no
9compliant bids are received after advertisement, the applicable
10procedures in the act of October 27, 1979 (P.L.241, No.78),
11entitled, "An act authorizing political subdivisions,
12municipality authorities and transportation authorities to enter
13into contracts for the purchase of goods and the sale of real
14and personal property where no bids are received," shall be
15followed.

16(b) Rejection of bids.--The council shall have the authority
17to reject all bids if the bids are deemed to be less than the
18fair market value of the real property. In the case of a public
19auction, the council may establish a minimum bid based on the
20fair market value of the real property.

21(c) Exception.--Real estate owned by a borough may be sold
22at a consideration of $1,500 or less without advertisement or
23competitive bidding only after council estimates the value of
24the property upon receipt of an appraisal by a qualified real
25estate appraiser.

26(d) Exchange of real property.--

27(1) Notwithstanding this section, council shall have the
28authority to exchange real property for real property of
29equal or greater value without complying with this section,
30if the property being acquired by the borough is to be used

1for municipal purposes. Municipal purposes as used in this
2subsection include a subsequent sale or lease of the property
3to any of the entities listed in section 1201.3 (relating to 
4exceptions).

5(2) Any conveyance of real property acquired in an
6exchange to an entity listed in section 1201.3 may contain a
7clause under which the lands and buildings will revert to the
8borough if they are no longer being used for the purposes of
9the entity.

10(3) If council chooses to exercise its power of real
11property exchange under this section, it shall be by
12resolution adopted by council. Notice of the resolution,
13including a description of the properties to be exchanged,
14shall be published once in one newspaper of general
15circulation not more than 60 days nor fewer than seven days
16prior to adoption.

17(4) Participation in a real property exchange shall not
18prohibit the application of the requirements of the act of
19October 4, 1978 (P.L.851, No.166), known as the Flood Plain
20Management Act.

21§ 1201.2. Personal property.

22(a) Sale.--Except as provided in subsection (b), no borough
23personal property may be disposed of, by sale or otherwise,
24except upon approval of council by resolution. In cases when
25council approves a sale of the property, council shall estimate
26the fair market value of the entire lot to be disposed of. If
27council estimates the fair market value to be $1,000 or more,
28the entire lot shall be advertised for sale once in at least one
29newspaper of general circulation not less than ten days prior to
30the date scheduled for the opening of bids or public auction.

1The date of opening of bids or public auction shall be announced
2in the advertisement, and sale of the property advertised shall
3be made to the best responsible bidder.

4(a.1) Electronic auction sale.--A public auction of personal 
5property may be conducted by means of an online or electronic 
6auction sale. During an electronic auction sale, bids shall be 
7accepted electronically at the time and in the manner designated 
8in the advertisement. During the electronic auction, each bidder 
9shall have the capability to view the bidder's bid rank or the 
10high bid price. Bidders may increase their bid prices during the 
11electronic auction. The record of the electronic auction shall 
12be accessible for public inspection. The purchase price shall be 
13paid by the highest bidder immediately or at a reasonable time 
14after the conclusion of the electronic auction as determined by 
15council. In the event that shipping costs are incurred, they 
16shall be paid by the highest bidder. A borough that has complied 
17with the advertising requirements of this section may provide 
18additional public notice of the sale by bids or public auction 
19in any manner deemed appropriate by council. The advertisement 
20for electronic auction sales authorized in this paragraph shall 
21include the Internet address or means of accessing the 
22electronic auction and the date, time and duration of the 
23electronic auction.

24(a.2) Rejection of bids.--Council may reject any bids
25received if the bids are believed to be less than the fair
26market value of the property. If no bids are received after
27advertisement, the applicable procedures in the act of October
2827, 1979 (P.L.241, No.78), entitled, "An act authorizing
29political subdivisions, municipality authorities and
30transportation authorities to enter into contracts for the

1purchase of goods and the sale of real and personal property
2where no bids are received," shall be followed.

3(b) Exception for small value sales.--Council shall, by
4resolution, adopt a procedure for the sale of surplus personal
5property, either individual items or lots of items, of an
6estimated fair market value of less than $1,000. The approval of
7council shall not be required for any individual sale that shall
8be made in conformity to the procedure.

9(c) Exchange of personal property.--This section shall not
10be mandatory when borough personal property is to be traded in
11or exchanged for new or used personal property being acquired by
12the borough, except that the trade or exchange shall be by
13resolution.

14§ 1201.3. Exceptions.

15(a) Sale of property.--Nothing under this chapter requiring
16advertising for bids or sale at public auction and sale to the
17highest bidder shall apply if borough real or personal property
18is to be sold to any of the following:

19(1) A county, city, borough, town, township, institution
20district, school district, volunteer fire company, volunteer
21ambulance service or volunteer rescue squad located within
22the borough.

23(2) A council of government, consortium, cooperative or 
24other similar entity created pursuant to 53 Pa.C.S. Ch. 23 
25Subch. A (relating to intergovernmental cooperation).

26(3) An authority as defined in 53 Pa.C.S. § 5602
27(relating to definitions).

28(4) A nonprofit corporation engaged in community
29development or reuse only upon entering into a written
30agreement with the nonprofit corporation that requires the

1property to be used for industrial, commercial or affordable
2housing purposes. This exemption shall not apply to property
3on which existing governmental functions are conducted. This
4exemption shall also not apply to property owned and operated
5by the borough or subcontracted or operated on behalf of the
6borough in order to conduct existing government functions.

7(5) A person for the person's exclusive use in an
8industrial development program.

9(6) A nonprofit corporation organized as a public
10library for its exclusive use as a library.

11(7) A nonprofit medical service corporation as
12authorized under section 1202(50) (relating to specific 
13powers).

14(8) A nonprofit housing corporation as authorized by
15section 1202(51).

16(9) The Federal Government or the Commonwealth.

17(10) A nonprofit museum or historical society for its
18exclusive use as a nonprofit museum or historical society.

19(b) Sales to certain nonprofit corporations.--When real
20property is to be sold to a nonprofit corporation organized as a
21public library for its exclusive use as a library or to a
22nonprofit medical service corporation or to a nonprofit housing
23corporation, council may elect to accept nominal consideration
24for the sale as it shall deem appropriate.

25(c) Reversion.--Real property sold under this section to a
26volunteer fire company, volunteer ambulance service or volunteer
27rescue squad, nonprofit medical service corporation or nonprofit
28housing corporation shall be subject to the condition that when
29the property is not used for the purposes of the company,
30service, squad or corporation the property shall revert to the

1borough.

2§ 1202. Specific powers.

3The powers of the borough shall be vested in the council. In
4the exercise of any specific powers involving the enactment of
5an ordinance or the making of any regulation, restriction or
6prohibition, the borough may provide for enforcement and
7penalties for violations. The specific powers of the borough
8shall include the following:

9(1) To prescribe reasonable fees for the services of the
10borough's officers and to enforce the payment of the fees.
11This paragraph shall not be applicable to the services
12rendered by borough police officers in responding to motor
13vehicle accidents pursuant to 53 Pa.C.S. § 1392 (relating to
14prohibition of fees for police services).

15(2) In the operation of its utilities, parking meters,
16parking lots, recreational facilities and other facilities
17and services, to make and regulate charges for them for
18general borough purposes.

19(3) To impose fines and penalties, incurring partial or
20total forfeiture, or to remit the same.

21(4) To prohibit and remove any nuisance or dangerous
22structure on public or private grounds, including, but not
23limited to, accumulations of garbage and rubbish, the storage
24of abandoned or junked automobiles and obstructions or
25nuisances in the streets of the borough. The borough may
26require the removal of any nuisance or dangerous structure by
27the owner or occupier of the grounds or remove the nuisance
28or dangerous structure itself and collect the cost of
29removal, together with a penalty of 10% of the cost, in the
30manner provided by law for the collection of municipal

1claims, or by action of assumpsit, or the borough may seek
2relief by bill in equity.

3(5) To make regulations as may be necessary for the
4health, safety, morals, general welfare and cleanliness and
5beauty, convenience, comfort and safety of the borough.

6(6) To make regulations respecting vaults, cesspools and
7drains.

8(7) To make regulations relative to the accumulation of
9manure, compost and the like to the extent authorized by 3
10Pa.C.S. Ch. 5 (relating to nutrient management and odor
11management).

12(8) To provide for garbage and other refuse material as
13follows:

14(i) To prohibit, individually or jointly with other
15municipal corporations pursuant to an agreement,
16accumulations of garbage or other refuse material upon
17public and private property and to make regulations for
18the care, removal and collection of garbage or other
19refuse material, including:

20(A) To provide for the collection and imposition
21of reasonable fees and charges for the collection of
22garbage and other refuse material.

23(B) To erect, operate and maintain refuse
24disposal or incineration facilities or sanitary
25landfills, either within or without the limits of the
26borough, or provide other means for the collection,
27destruction or removal of garbage and other refuse
28material and provide for the payment of the cost or
29expense of the activity, either in whole or in part,
30out of the funds of the borough.

1(C) To purchase real estate for the purpose of
2erecting, operating and maintaining refuse disposal
3or incineration facilities or sanitary landfills if,
4prior to any acquisition of property pursuant to this
5paragraph, the borough, individually or jointly, as
6the case may be, obtains the approval of the court of
7common pleas for the location of the facilities or
8landfill after a hearing and subject to notice as the
9court shall require. If no objections are heard at
10the hearing, the court shall approve the location. If
11any objection is made, the court shall proceed to
12hear the matter and determine whether the location is
13a detriment to neighboring properties. The finding of
14the court shall be conclusive but in no way shall
15adjudicate any question relating to damages for
16injury to property.

17(D) To take and appropriate real estate for
18purposes of refuse disposals or incineration
19facilities or sanitary landfills in accordance with
20Chapter 15 (relating to eminent domain, assessment of
21damages and damages for injury to property) if a
22purchase price cannot first be agreed upon. No real
23estate located outside the limits of the borough or
24outside the limits of the joint municipal
25corporations in the case of a joint effort shall be
26taken and appropriated if the real estate currently
27contains or is being used for a refuse disposal or
28incineration facility or a sanitary landfill.

29(ii) Regulations enacted under this paragraph shall
30be consistent with the act of July 7, 1980 (P.L.380,

1No.97), known as the Solid Waste Management Act, the act
2of July 28, 1988 (P.L.556, No.101), known as the
3Municipal Waste Planning, Recycling and Waste Reduction
4Act, and subject to any other necessary Federal or State
5approval.

6(9) To the extent not otherwise prohibited by the act of
7December 7, 1982 (P.L.784, No.225), known as the Dog Law, to
8destroy dogs found at large contrary to laws of this
9Commonwealth, to prohibit or regulate, by ordinance, the
10running at large of dogs, cats or other pets and, in the
11enforcement of the regulations, to direct the seizure,
12detention or killing of dogs, cats or other pets, prescribing
13reasonable charges for their seizure and detention and to
14provide for their sale for the benefit of the borough in
15default of the redemption of the pet by its owners.

16(10) To enact ordinances prohibiting or regulating the
17keeping or running at large of livestock and fowls and any
18other animals not covered in paragraph (9) and authorizing
19their seizure, detention or, in the case of unowned pigeons,
20humane destruction. The borough may prescribe reasonable
21charges for the seizure and detention of the animals and
22provide for their sale for the benefit of the borough in
23default of the redemption of the animals by their owners.
24Ordinances enacted under this paragraph shall not
25unreasonably interfere with any agricultural operation to the
26extent prohibited by applicable State law.

27(11) To regulate the emission of smoke from chimneys,
28smokestacks and other sources to the extent the regulation is
29not otherwise prohibited by applicable Federal or State law.
30This paragraph shall not apply to locomotive smokestacks.

1(12) To regulate the streets, sewers, public squares,
2common grounds, sidewalks, curbs, gutters, culverts and
3drains, and the heights, grades, widths, slopes and their
4construction, and to prohibit the erection or construction of
5any building or other obstruction to the convenient use of
6the same.

7(13) To prohibit or regulate the riding, driving,
8parking or other passage of any animal or vehicle over, along
9and across sidewalks. As used in this paragraph, the term
10"vehicle" shall include any device in, upon or by which any
11person or property may be transported. The term shall not
12include a self-propelled wheelchair or an electrical mobility
13device operated by and designed for the exclusive use of a
14person with a mobility-related disability.

15(14) To adopt ordinances defining disorderly conduct or
16disturbing the peace within the limits of the borough and to
17provide for the imposition of penalties for the conduct in
18amounts, without limitation except as provided under this 
19part, as council shall establish, and notwithstanding any
20laws of this Commonwealth upon disorderly conduct or
21disturbing the peace and the penalties.

22(15) To adopt and enforce a construction code, a
23property maintenance code and a fire prevention code and
24exercise any additional reserved powers pursuant to Chapter
2532A (relating to uniform construction code, property 
26maintenance code and reserved powers).

27(16) To prohibit and regulate the smoking or carrying of
28lighted cigarettes, cigars, pipes or matches and the use of
29matches or fire-producing devices. An ordinance enacted or
30regulation or resolution adopted under this paragraph shall

1not regulate smoking in a manner that conflicts with the act
2of June 13, 2008 (P.L.182, No.27), known as the Clean Indoor
3Air Act.

4(17) To provide for fireworks and inflammable articles
5as follows:

6(i) To regulate and prohibit, by ordinance, the
7manufacture of fireworks or inflammable or dangerous
8articles.

9(ii) To grant permits for supervised public displays
10of fireworks and adopt rules and regulations governing
11the displays.

12(iii) To adopt, by ordinance, rules and regulations
13not inconsistent with State regula