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)

14. Change of Limits (Reserved)

25. Boundaries

36. Wards

47. Associations and Organizations

58. Elections of Officers

69. Vacancies in Office

710. Powers and Duties of Elected Officials

810A. Mayor

911. Powers, Duties and Rights of Appointed Officers and
10Employees

1112. Corporate Powers

1213. Taxation and Finance

1314. Contracts

1415. Eminent Domain, Assessment of Damages and Damages for
15Injury to Property

1616. Land Subdivision (Reserved)

1717. Streets

1818. Sidewalks

1919. Bridges, Viaducts and Underground Passageways

2020. Sanitary Sewers

2121. Collection by Installment of Street and Sewer
22Assessments (Reserved)

2321A. Assessments and Charges for Public Improvements

2422. Storm Sewers and Watercourses

2523. Underground Conduits (Reserved)

2624. Water System

2724A. Manufacture and Supply of Electricity

2825. (Reserved)

2925A. Airports

3026. Wharves and Docks

127. Recreation Places, Shade Trees and Forests

228. Cemeteries

329. Licenses and License Fees

429A. Veterans' Affairs

530. Real Estate Registry (Reserved)

631. Health and Sanitation

732. Zoning (Reserved)

832A. Uniform Construction Code, Property Maintenance Code
9and Reserved Powers

1033. Ordinances

1134. Actions By and Against Boroughs (Reserved)

1235. Acts of Assembly Repealed and Saving Clause

13CHAPTER 1

14PRELIMINARY PROVISIONS

15Sec.

16101. Short title of part.

17101.1. Definitions.

18102. Excluded provisions.

19103. Construction of part.

20104. Constitutional construction.

21105. Construction of references.

22106. Application.

23107. Acceptance.

24107.1. Acceptance by incorporated towns.

25108. (Reserved).

26109. Publication of notices.

27110. Terms of existing officers.

28§ 101. Short title of part.

29This part shall be known and may be cited as the Borough
30Code.

1§ 101.1. Definitions.

2The following words and phrases when used in this part shall
3have the meanings given to them in this section unless the
4context clearly indicates otherwise:

5"Abutting property" or "abutting real estate." In reference
6to any street, the term shall mean any property physically
7adjoining the street, regardless of what the reversion rights in
8the street may be and regardless of where the lot lines may be
9in relation to the street.

10"Council." A borough council.

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

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

13(1) The most recent Federal decennial census.

14(2) A census conducted later in time than the census
15under paragraph (1) by the United States Census Bureau.

16"Municipal corporation." A city, borough, incorporated town,
17township of the first or second class or any home rule
18municipality other than a county.

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

20"Pennsylvania Construction Code." The act of November 10,
211999 (P.L.491, No.45), known as the Pennsylvania Construction
22Code Act.

23"Pennsylvania Municipalities Planning Code." The act of July
2431, 1968 (P.L.805, No.247), known as the Pennsylvania
25Municipalities Planning Code.

26"Street." Any street, road, lane, court, cul-de-sac, alley,
27public way and public square.

28§ 102. Excluded provisions.

29This part shall not include any provisions and shall not be
30construed to repeal any acts relating to:

1(1) The assessment and valuation of property and persons
2for the purpose of taxation and the collection of taxes,
3except as provided in this part.

4(2) The collection of municipal claims by liens.

5(3) The method of incurring or increasing indebtedness.

6(4) Conduct of elections.

7(5) Public schools.

8(6) The powers and duties of borough and ward
9constables.

10(7) Magisterial district judges.

11(8) The giving of municipal consent to public utilities.

12(9) State highways.

13(10) Validations of elections, bonds, ordinances and
14acts of corporate officers.

15(11) 18 Pa.C.S. (relating to crimes and offenses).

16(12) 75 Pa.C.S. (relating to vehicles).

17§ 103. Construction of part.

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

19(1) The provisions of this part that are the same as
20those of laws existing on January 1, 1966, are intended as a
21continuation of laws existing on January 1, 1966, and not as
22new enactments.

23(2) The repeal by this part of any act or part of an act
24shall not revive any act or part repealed or superseded nor
25affect the corporate existence of any incorporated borough.

26(3) The provisions of this part shall not affect any of
27the following:

28(i) Any act done, liability incurred or right
29accrued or vested.

30(ii) Any suit or prosecution pending or to be

1instituted to enforce any right or penalty or punish any
2offense under the authority of the repealed laws.

3(4) All ordinances, resolutions, regulations and rules
4made under any act repealed under this part shall continue
5with the same force and effect as if the act had not been
6repealed to the extent that the ordinances, resolutions,
7regulations and rules could have been made under this part.

8(5) Any individual holding office under any act repealed
9by this part shall continue to hold office until the
10expiration of the term, subject to the conditions attached to
11the office prior to January 1, 1966.

12(b) Powers and duties.--Borough council shall have the
13corporate powers and duties and borough officials shall have the
14powers and duties under this part and as provided in other laws
15to the extent that the powers and duties are not repealed under
16this part.

17§ 104. Constitutional construction.

18The provisions of this part are severable. If any provision
19of this part or its application to any person or circumstance is
20held invalid, the invalidity shall not affect other provisions
21or applications of this part which can be given effect without
22the invalid provision or application.

23§ 105. Construction of references.

24If reference is made in this part to any act, the reference 
25shall apply to and include any codification in which the 
26provisions of the act referred to are substantially reenacted.

27§ 106. Application.

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

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

1on January 1, 1966.

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

3(1) The provisions of this part similar to the
4provisions of the former act of May 14, 1915 (P.L.312,
5No.192), entitled "An act providing a system of government
6for boroughs, and revising, amending, and consolidating the
7law relating to boroughs," shall apply to boroughs
8incorporated under local laws in the same manner as similar
9provisions of the former act of May 4, 1927 (P.L.519,
10No.336), entitled "An act concerning boroughs, and revising,
11amending and consolidating the law relating to boroughs,"
12were extended to boroughs acting under local laws.

13(2) If a provision of this part conflicts with a special
14or local law applicable to a borough that has not been
15surrendered, the provisions shall be construed so that effect
16may be given to both. If the conflict between the provisions
17is irreconcilable, the provision in the local or special law
18shall prevail.

19§ 107. Acceptance.

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

21(1) A borough incorporated or acting under any local or
22special act may surrender the provisions of its special and
23local acts in their entirety or as they are inconsistent with
24this part and be governed by this part by presenting a
25petition to the court of common pleas of the county setting
26forth the desire of the borough to accept the provisions of
27this part.

28(2) The petition under paragraph (1) shall indicate
29whether it is the desire of the borough to surrender all of
30its special and local acts or to retain its special and local

1acts that are not inconsistent with this part.

2(3) If the petition indicates a desire to retain local
3or special acts, it shall indicate the local or special acts
4to be retained. The petition shall be made by the council or
5by at least 10% of the registered electors of the borough as
6of the date the petition is filed.

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

8(1) Upon the presentation of a petition under subsection
9(a), the court shall set and provide notice of a hearing
10date. An inhabitant of the borough may remonstrate against
11the granting of the petition at the hearing.

12(2) If the court grants the petition, the decree of the
13court shall be recorded in the office for the recording of
14deeds, and the borough shall be subject to this part and any
15local or special acts retained as set forth in the petition.
16On and after the date of the decree, any local or special act
17applicable to the borough shall no longer apply to the
18borough if it is inconsistent with this part or has been
19surrendered.

20(c) Force and effect.--If a borough accepts this part under 
21this section, all of the following shall continue with the same
22force and effect as if no acceptance had been made:

23(1) Liabilities incurred.

24(2) Rights accrued or vested.

25(3) Obligations issued or contracted.

26(4) Suits and prosecutions pending or to be instituted
27to enforce any right or penalty accrued or to punish any
28offense committed prior to the acceptance.

29(5) Ordinances.

30§ 107.1. Acceptance by incorporated towns.

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

2(1) An incorporated town incorporated or acting under a
3local or special act may, by ordinance, elect to be governed
4by the provisions of this part and shall surrender any
5provisions of its special and local acts that are
6inconsistent with this part adopted by the incorporated town.

7(2) An ordinance under paragraph (1) shall indicate the
8provisions of this part to be adopted and, if applicable, the
9provisions of the incorporated town's special and local acts
10to be surrendered.

11(3) On and after the effective date of the ordinance and
12until the ordinance may be repealed or amended, the
13provisions of this part indicated in the ordinance shall be
14the law applicable to the incorporated town, and the
15provisions of any local or special acts, to the extent
16surrendered as indicated in the ordinance, shall not apply to
17the incorporated town.

18(b) Full acceptance.--An incorporated town incorporated or
19acting under any local or special act may elect to accept this 
20part in its entirety and surrender all local and special acts by
21petition as set forth in section 107 (relating to acceptance).
22If an incorporated town accepts this part in its entirety and
23surrenders all local and special acts, the incorporated town
24shall become a borough, and the decree of the court permitting
25the acceptance shall indicate the name of the new borough.

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

27(1) If an incorporated town accepts this part under this
28section, all of the following shall continue with the same
29force and effect as if no acceptance had been made:

30(i) Liabilities incurred.

1(ii) Rights accrued or vested.

2(iii) Obligations issued or contracted.

3(iv) Suits and prosecutions pending or to be
4instituted to enforce any right or penalty accrued or
5punish any offense committed prior to acceptance.

6(v) Ordinances.

7(2) An incorporated town shall not have the power to
8alter or amend any provision of this part that has been
9adopted in accordance with this section or section 107.

10§ 108. (Reserved).

11§ 109. Publication of notices.

12(a) Newspaper of general circulation.--If in this part
13notice is required to be given in one newspaper of general
14circulation, the notice shall be published in one of the
15following:

16(1) A newspaper of general circulation as defined in 45
17Pa.C.S. § 101 (relating to definitions) which is published
18and circulated in each borough affected.

19(2) A newspaper of general circulation, circulated in
20each borough affected, which has a bona fide paid circulation
21equal to or greater than any newspaper published in each
22borough affected by the notice.

23(b) Legal newspaper.--Unless dispensed with by special order
24of court, the notice required to be published in a newspaper of
25general circulation shall also be published in the legal
26newspaper for the county of the borough affected, if the notice
27refers to any of the following:

28(1) Any proceeding in any court.

29(2) The holding of elections for the increase of
30indebtedness or the sale of bonds.

1§ 110. Terms of existing officers.

2This part shall not be construed as affecting or terminating
3the term of any officer of a borough holding office on January
41, 1966.

5CHAPTER 2

6CREATION AND ALTERATION

7Subchapter

8A. Incorporation

9B. Consolidation (Reserved)

10C. Creation From Cities of the Third Class

11D. Consolidation or Merger and Change of Corporate Name

12SUBCHAPTER A

13INCORPORATION

14Sec.

15200. Definitions.

16201. Contiguous areas.

17202. Applications.

18202.1. Borough advisory committee.

19202.2. Advisability of incorporation, certification of question
20for referendum and decree.

21203. (Reserved).

22204. (Reserved).

23205. Borough government and requisites of charter.

24206. Farmlands.

25207. Corporate name.

26208. (Reserved).

27209. (Reserved).

28210. Certificates.

29211. Temporary preservation, organization and election of
30officers.

1212. Boundaries.

2213. Adjustment of indebtedness.

3214. Judicial adjustment.

4215. Judicial adjustment award proceedings.

5216. Exceptions.

6217. Compensation, expenses and costs.

7218. Territory located in multiple counties.

8219. Bond issues and taxation.

9§ 200. Definitions.

10The following words and phrases when used in this subchapter
11shall have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Committee." A borough advisory committee.

14"Freeholder." A person enjoying a continuous right of
15ownership and possession of real property for an indeterminate
16period by fee simple or life estate.

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

18§ 201. Contiguous areas.

19A court of common pleas may incorporate as a borough any
20contiguous area from one or more townships within the court's
21jurisdiction having a population of at least 500 residents.
22After having been incorporated as a borough, the area shall be a
23body corporate and politic and shall have the name decreed by
24the court.

25§ 202. Applications.

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

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

1of the proposed borough, if all parts of the proposed borough
2are in the same township.

3(2) If portions of the proposed borough are in different
4townships, the petition shall be signed by a majority of the
5freeholders residing in each of the separate portions and by
6the freeholders of a majority of the territory in each of the
7separate portions. The following shall apply:

8(i) The signatures must be secured within three
9months immediately preceding the presentation of the
10signatures to the court.

11(ii) The petition shall be subscribed by and sworn
12to by at least one of the signers.

13(iii) The number of signers required to sign the
14petition shall be ascertained as of the date the petition
15was presented to court.

16(b) (Reserved).

17(c) (Reserved).

18(d) (Reserved).

19(e) Filing and notice.--Upon presentation to the court, a
20petition shall be filed with the clerk of court, and notice of
21the petition shall be published under section 109 (relating to
22publication of notices) once a week for four consecutive weeks
23immediately following the filing of the petition, during which
24time exceptions may be filed to the petition by any person
25interested. The notice shall state when and where the petition
26was filed and the time during which exceptions may be filed to
27the petition.

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

1accompanied with a plot of the proposed borough. The following
2shall apply:

3(1) If the boundaries of the proposed borough are not
4the same as an existing township the description shall
5contain the courses and distances of the boundaries.

6(2) If the boundaries of the proposed borough are the
7same as an existing township, the description:

8(i) may contain the courses and distances of the
9boundaries; and

10(ii) shall refer to the name and location of the
11existing township.

12§ 202.1. Borough advisory committee.

13(a) Establishment.--The court shall establish a borough
14advisory committee when a petition is received by the court for
15the creation of a borough. The following shall apply to
16committee members:

17(1) Members shall be appointed by and shall serve at the
18pleasure of the court.

19(2) The committee shall consist of the following:

20(i) Two residents of the proposed borough.

21(ii) Two residents from each of the existing
22townships recommended by the respective governing body of
23the township who are not residing within the proposed
24borough.

25(iii) One resident of the county not residing in any
26area under subparagraphs (i) and (ii) who shall serve as
27the chair of the committee.

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

1member's official duties.

2(4) Members may consult with the director of the county
3planning commission who may advise the committee.

4(b) Duties.--The committee shall, within 60 days of its
5creation, advise the court in relation to the establishment of
6the proposed borough. The committee shall render expert advice
7and findings of fact relating to the desirability of an
8incorporation, including advice as to:

9(1) The proposed borough's ability to obtain or provide
10adequate and reasonable community support services such as
11police protection, fire protection and other appropriate
12community facility services.

13(2) Whether the proposed borough constitutes a
14harmonious whole with common interests and needs that can
15best be served by a borough government. In examining this
16factor, the committee shall consider whether the proposed
17borough represents a distinct community with features
18different from those of the existing township.

19(3) The existing and potential commercial, residential
20and industrial development of the proposed borough.

21(4) Whether the proposed borough would provide for land
22use regulations to meet the legitimate needs for all
23categories of residents or whether the plan is exclusionary
24or would result in economic segregation.

25(5) The financial or tax effect on the proposed borough
26and existing township.

27§ 202.2. Advisability of incorporation, certification of
28question for referendum and decree.

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

1after the hearing, the court deems further investigation
2necessary to determine the advisability of incorporation, it may
3issue an order to obtain the additional information. When the
4court has obtained all reasonably necessary information and has
5determined that the conditions required under this section have
6been met, the court shall determine the desirability of the
7proposed incorporation based upon the following:

8(1) The evidence submitted at the hearing and by the
9committee.

10(2) Any additional information obtained after the
11hearing.

12(3) Any other applicable factors the court deems
13relevant.

14(b) Determination.--If the court determines that the
15desirability of the proposed incorporation is not supported by a
16preponderance of the evidence, the court shall enter a final
17decree denying the request of the petitioners and no other
18proceedings may be held. If the court determines that the
19desirability of the proposed incorporation is supported by a
20preponderance of the evidence, the court shall certify the
21question of the proposed incorporation to the board of election
22of the county for a referendum vote of the residents of the
23proposed borough. Upon receipt of the certified election
24results, the court shall enter a final decree granting or
25denying the request of the petitioners.

26(c) Expenses.--The petition and the final decree granting or
27denying the petition shall be recorded in the recorder of deeds
28office of the county at the expense of the petitioners. The
29petitioners shall pay all other expenses and costs in connection
30with the proceedings.

1§ 203. (Reserved).

2§ 204. (Reserved).

3§ 205. Borough government and requisites of charter.

4(a) Time.--When the petition and the final decree granting
5the petition have been recorded, the area shall become an
6incorporated borough and shall be entitled to the rights,
7privileges and immunities conferred under this part, except as
8provided under section 211 (relating to temporary preservation, 
9organization and election of officers).

10(b) Charter.--The final decree of the court granting the
11petition shall constitute the charter of the borough. All
12charters granted under this part shall include:

13(1) The corporate name of the borough.

14(2) The boundaries of the borough.

15§ 206. Farmlands.

16If, in any petition for the incorporation of a borough, the
17boundaries fixed by the petitioners embrace lands exclusively
18used for the purposes of farming, the court may, if it deems the
19land does not properly belong to the proposed borough and at the
20request of any party aggrieved, change the boundaries to exclude
21the land used for farming.

22§ 207. Corporate name.

23The corporate name of a borough incorporated under this part
24shall be "The Borough of ."

25§ 208. (Reserved).

26§ 209. (Reserved).

27§ 210. Certificates.

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

1Transportation, the Department of Community and Economic
2Development and the county planning commission a copy of the
3decree of court incorporating the borough. The clerk may impose
4a fee of $3.50 as part of the costs of the proceeding for the
5services under this subsection.

6(b) Penalty.--Any clerk of the court who fails, neglects or
7refuses to furnish the certifications as provided under this
8part commits a summary offense and shall pay a fine of not more
9than $50.

10§ 211. Temporary preservation, organization and election of
11officers.

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

13(1) A newly incorporated area under section 201
14(relating to contiguous areas) shall continue to be governed
15as before the incorporation until the first Monday of January
16following the municipal election after the issuance of the
17final decree establishing the new borough.

18(2) After a newly incorporated area is no longer
19governed as before the incorporation under paragraph (1), the
20officers of the borough who are elected, under section 805
21(relating to election after creation), at the municipal or
22special election shall begin their terms of office, and the
23borough government shall be considered to be duly organized
24under this part.

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

26(1) the next municipal election occurring at least 90
27days following the issuance of the decree establishing the
28borough; or

29(2) at the request of the petitioners, a special
30election called by the court of common pleas.

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

3(1) Fix the time, place and manner of holding the
4special election.

5(2) Designate an individual to give notice of the
6special election and the manner of the special election.

7(3) Appoint from among the electors of the newly
8established borough a judge and inspectors to hold the
9election.

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

11(1) Municipal officers elected at a special election
12held under subsection (c) shall serve until the first Monday
13in January following the next succeeding municipal election.

14(2) The successors of municipal officers under paragraph
15(1) shall be elected as provided under section 805 and shall
16take office upon completion of municipal officer's service
17under paragraph (1).

18§ 212. Boundaries.

19The boundaries of the borough shall, as soon as practicable
20after its incorporation, be appropriately marked. Prior to
21marking the boundaries, notice shall be provided, as directed by
22the court, to the governing bodies of adjoining municipal
23corporations.

24§ 213. Adjustment of indebtedness.

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

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

1and apportionment of all the public real and personal
2property owned by the township at the time of the
3incorporation of the borough.

4(2) Except as provided under paragraph (3), the property
5under paragraph (1) shall include funds and indebtedness.

6(3) If adjusting property and indebtedness under
7paragraph (1), streets, sewers and utilities may not be
8considered except to the extent that current and unpaid
9indebtedness was incurred for the construction and
10improvement of the property.

11(b) Proportion.--In making the adjustment and apportionment
12under subsection (a), the following shall apply:

13(1) The borough shall be entitled to a division of the
14property and indebtedness in the same proportion that the
15assessed valuation of the taxable real estate included within
16the territorial limits of the newly incorporated borough
17bears to the assessed valuation of the taxable real estate in
18the entire township immediately prior to the incorporation of
19the borough. The township shall be entitled to the remainder
20of the property and indebtedness.

21(2) If indebtedness was incurred by the township for an
22improvement located wholly within the territorial limits of
23the newly incorporated borough, the indebtedness shall be
24assumed by the borough.

25(3) If only part of the improvement is located within
26the newly incorporated borough, the part of the indebtedness
27representing the part of the improvement located within the
28borough shall be assumed by the borough, and the adjustment
29and apportionment of any remaining debt shall be retained by
30the township.

1(c) Form.--The adjustment and apportionment made under this
2section must meet all of the following:

3(1) Be in writing and duly executed and acknowledged by
4the secretary or clerk of the township and the secretary of
5the borough.

6(2) Be filed in the office of the clerk of the court of
7common pleas of the county.

8(3) Be filed as a copy with the Department of Community
9and Economic Development.

10§ 214. Judicial adjustment.

11(a) Petition.--If the governing bodies of the township and
12the borough cannot make an amicable adjustment and apportionment
13of the property and indebtedness within six months after the
14government of the newly incorporated borough is established, the
15supervisors of the township or the council of the borough may
16present a petition to the court of common pleas requesting a
17judicial adjustment.

18(b) Appointment.--After receiving a petition under
19subsection (a), the court shall appoint three disinterested
20commissioners who meet all of the following requirements:

21(1) Are residents and taxpayers of the county.

22(2) Are not residents of or own real estate in the
23township or borough.

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

1indebtedness that shall be assumed by the borough or the
2township.

3§ 215. Judicial adjustment award proceedings.

4(a) Notice.--The commissioners shall give the township and
5the borough at least five days' notice of the filing of the
6report under section 214(c) (relating to judicial adjustment).

7(b) Exceptions.--Unless exceptions are filed to the report
8within 30 days after the date of the filing, the report shall be
9confirmed by the court.

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

11(1) Any sum awarded by the report to the township or
12borough shall be a legal and valid claim in its favor against
13the borough or township charged with the sum.

14(2) Any real or personal property given to the township
15or borough shall become its respective property.

16(3) Any claim or indebtedness charged against the
17borough or township may be collected from the borough or the
18township.

19§ 216. Exceptions.

20If exceptions are filed to the report under section 214(c)
21(relating to judicial adjustment), the court shall dispose of
22the exceptions and shall enter its decree confirming or
23modifying the award.

24§ 217. Compensation, expenses and costs.

25The commissioners under section 214(b) (relating to judicial
26adjustment) shall receive compensation and expenses for their
27services as provided by the court. The costs of the proceedings,
28including the compensation and expenses of the commissioners,
29shall be apportioned by the court between the borough and
30township.

1§ 218. Territory located in multiple counties.

2If territory included within the limits of a newly
3incorporated borough is located in at least two counties, the
4court of common pleas of the county where the larger part of the
5territory of the borough is located shall have exclusive
6jurisdiction over the proceedings to adjust and apportion the
7indebtedness between the borough and township.

8§ 219. Bond issues and taxation.

9In any proceeding to adjust and apportion indebtedness, the
10township or the borough shall have power to issue and deliver to
11the borough or township interest-bearing bonds in liquidation of
12the indebtedness ascertained, to be its proportionate share
13payable, if the bonds are acceptable to the borough or township
14or townships entitled to receive the bonds. The court may make
15necessary orders for the collection and payment by the township
16or townships or borough of the amount needed to pay its share of
17any indebtedness apportioned to it by special taxes to be
18collected in one year, or by annual installments.

19SUBCHAPTER B

20CONSOLIDATION

21(Reserved)

22SUBCHAPTER C

23CREATION FROM CITIES OF THE THIRD CLASS

24Sec.

25231. Procedure.

26232. Filing, notice and return.

27233. Borough government.

28234. Effect.

29235. Costs and expenses.

30§ 231. Procedure.

1(a) Petition.--The court of common pleas shall, upon
2petition of at least 10% of the registered electors of any city
3of the third class, order an election to be held at the next
4general, municipal or primary election occurring at least 90
5days after the presentation of the petition.

6(b) Vote.--The electors shall, at the election under
7subsection (a), vote for or against the change of the charter of
8the city to a borough charter and the adoption of the borough
9form of government.

10(c) Contents.--A petition under subsection (a) shall
11indicate all of the following:

12(1) The inhabitants of the city desire to do all of the
13following:

14(i) Change the charter of the city to a borough
15charter.

16(ii) Be governed by the laws of the Commonwealth
17relating to boroughs.

18(2) The city has had a city form of government for a
19period of at least five years.

20(3) The name of the proposed borough.

21(d) Required electors.--The number of registered electors
22required to sign the petition shall be determined as of the date
23the petition is filed.

24§ 232. Filing, notice and return.

25(a) Filing.--Upon presentation of a petition under section
26231 (relating to procedure), the court shall determine whether
27the petition meets the requirements under section 231. If the
28requirements are met, the court shall:

29(1) Enter an appropriate order requiring an election.

30(2) Direct that the petition shall be filed with the

1clerk of the court and that a copy of the petition and order
2of court shall be filed with the county board of elections.

3(b) Notice.--Notice of the time and purpose of the election
4under subsection (a) shall be given in at least one newspaper of
5general circulation of the proper county once a week for four
6consecutive weeks. The publication of the notice shall be made
7on behalf of the petitioners and shall be in the form approved
8by the court.

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

10(1) The county board of elections shall frame the proper
11question to be submitted to the electors at the election
12ordered by the court.

13(2) The county board of elections shall make a return of
14the vote cast on the question submitted to the clerk of the
15court of common pleas. The return shall be filed with the
16petition.

17(3) If a majority of those voting on the question
18submitted were in favor of the change of the city charter to
19a borough charter, the court shall order that the record of
20the proceedings be recorded in the office for the recording
21of deeds of the county, and the record shall constitute the
22charter of the borough under the name provided in the
23petition. The recorder of deeds in each county affected shall
24certify to the Department of State, the Department of
25Transportation, the Department of Community and Economic
26Development and the county planning commission a copy of the
27record constituting the charter of the borough.

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

1period of five years following the election.

2§ 233. Borough government.

3(a) City.--When the record of the proceedings under section
4232 (relating to filing, notice and return) is recorded, the
5city form of government shall continue in operation until the
6first Monday of January after the first municipal election,
7occurring at least 90 days after the recording of the record.

8(b) Borough.--After the city form of government is no longer
9in operation under subsection (a), the borough government shall
10be organized by the officers elected at the municipal election
11in accordance with section 805 (relating to election after
12creation).

13§ 234. Effect.

14(a) Property.--When the borough government is formed, the
15property and assets of the city shall become the property of the
16borough, and the change of government shall not do any of the
17following:

18(1) Affect any of the following:

19(i) Liabilities incurred.

20(ii) Rights accrued or vested.

21(iii) Obligations issued or contracted.

22(iv) Suits or prosecutions pending or instituted to
23enforce any right or penalty accrued.

24(2) Punish any offense committed prior to the formation.

25(b) Ordinances.--Ordinances of the former city shall
26continue in force in the new borough until altered or repealed.

27(c) Wards and districts.--Wards and election districts of
28the city shall become the wards and election districts of the
29borough until altered or changed. In the election of members of
30council from the several wards, two members of council shall be

1elected from each ward, unless changed as provided by law.

2(d) Office.--All constables and election officers in office
3in the city at the time the borough government is organized
4shall remain in office until the expiration of their respective
5terms of office.

6§ 235. Costs and expenses.

7(a) Petitioners.--Except as provided under subsection (b),
8the costs and expenses of proceedings to change the charter of a
9city to a borough, including all costs of advertising, shall be
10paid by the petitioners.

11(b) Exception.--If the vote of electors to change the
12charter of a city to a borough is in favor of the change, the
13cost and expenses under subsection (a) shall be paid by the
14city.

15SUBCHAPTER D

16CONSOLIDATION OR MERGER AND

17CHANGE OF CORPORATE NAME

18Sec.

19241. Consolidation or merger.

20242. Change of corporate name.

21§ 241. Consolidation or merger.

22A borough may be merged or consolidated into a new or
23existing municipal corporation in accordance with 53 Pa.C.S. Ch.
247 Subch. C (relating to consolidation and merger).

25§ 242. Change of corporate name.

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

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

1the name, the court of common pleas, upon petition, may
2change the name of the borough to conform to the name in
3general usage or to the post office designation.

4(2) The petition under paragraph (1) may be presented by
5any of the following:

6(i) Council, pursuant to a resolution.

7(ii) At least 5% of the registered electors of the
8borough.

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

10(1) Upon the presentation of a petition under subsection
11(a), the court shall set and provide notice of a hearing
12date. An inhabitant of the borough may remonstrate against
13the granting of the petition at the hearing.

14(2) If the court grants the petition, the decree of the
15court shall be recorded, and the corporate name of the
16borough shall be as provided in the petition from the date of
17recording.

18(c) Dissemination of decree.--The recorder of deeds in each
19county affected shall certify to the Department of State, the
20Department of Transportation, the Department of Community and
21Economic Development and the county planning commission a copy
22of the decree changing the corporate name of the borough.

23(d) Force and effect.--A change of corporate name shall not
24affect any of the following:

25(1) Liabilities incurred.

26(2) Rights accrued or vested.

27(3) Obligations issued or contracted.

28(4) Any suits or prosecutions pending or instituted to
29enforce any right or penalty accrued or to punish any offense
30committed prior to the change.

1CHAPTER 3

2ANNULMENT OF CHARTERS AND

3CHANGE OF CORPORATE NAMES

4(Reserved)

5CHAPTER 4

6CHANGE OF LIMITS

7(Reserved)

8CHAPTER 5

9BOUNDARIES

10Sec.

11501. Stream boundaries.

12502. Petition and establishment of disputed boundaries.

13503. Commissioners and report.

14504. Exceptions and procedure.

15505. Compensation, expenses and costs.

16506. Boundary monuments.

17§ 501. Stream boundaries.

18If a borough is bounded by the nearest margin of a navigable
19stream and the opposite municipal corporation is also bounded by
20the nearest margin of the same stream, the middle of the stream
21shall be the boundary between the borough and the opposite
22municipal corporation. Nothing under this section shall be
23construed to repeal any local or special law contrary to this
24section.

25§ 502. Petition and establishment of disputed boundaries.

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

1proceeding.

2§ 503. Commissioners and report.

3(a) Appointment.--Upon application by petition under section
4502 (relating to petition and establishment of disputed
5boundaries), the court shall appoint three impartial individuals
6as commissioners, one of whom must be a surveyor or registered
7engineer.

8(b) Hearing.--After giving notice to interested parties and
9upon publication of the petition, as directed by the court, the
10commissioners shall hold a hearing and view the disputed lines
11and boundaries.

12(c) Report.--A majority of the commissioners shall issue the
13report and recommendations to the court, accompanied by a plot
14or draft of the lines and boundaries proposed to be ascertained
15and established if the lines and boundaries cannot be fully
16designated by natural lines or boundaries.

17(d) Confirmation.--The court shall confirm the report under
18subsection (c) upon filing and subject to exceptions filed under
19section 504 (relating to exceptions and procedure). The court
20may direct publication of the report and require notice to be
21given by the petitioners to the interested parties.

22§ 504. Exceptions and procedure.

23(a) Filing.--Exceptions to the report under section 503(c)
24(relating to commissioners and report) may be filed within 30
25days after the filing of the report by an interested person or
26political subdivision. The court shall set and provide notice of
27a hearing on the exceptions.

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

1with the authority to make another report.

2(c) Decree.--If no exceptions are filed within 30 days after
3the filing of the report, the court shall confirm the report. If
4a report is confirmed, the court shall:

5(1) Enter a decree ascertaining and establishing the
6lines and boundaries as shown in the report.

7(2) Direct publication of the decree under paragraph
8(1).

9§ 505. Compensation, expenses and costs.

10The compensation and expenses of commissioners appointed
11under section 503(a) (relating to commissioners and report)
12shall be in a reasonable amount as approved by the court. The
13court shall, by order, provide how costs and expenses of the
14proceedings, including the furnishing and placing of monuments,
15shall be paid and may assess the costs individually or in
16apportioned amounts against the following:

17(1) The petitioners.

18(2) The borough.

19(3) Any interested municipal corporation.

20§ 506. Boundary monuments.

21The court shall order that a borough line ascertained and
22established under this chapter will be appropriately marked.

23CHAPTER 6

24WARDS

25Sec.

26601. Creation and alteration.

27602. Petition of electors.

28603. Notice of ordinance.

29604. (Reserved).

30605. (Reserved).

1606. Terms of officers.

2606.1. Construction of chapter.

3607. (Reserved).

4§ 601. Creation and alteration.

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

10(1) Divide boroughs into wards.

11(2) Erect new wards out of two or more adjoining wards
12or parts of wards.

13(3) Consolidate two or more wards into one ward.

14(4) Divide any ward already erected into two or more
15wards.

16(5) Alter the lines of two or more adjoining wards or
17cause the lines or boundaries of wards to be ascertained or
18established.

19(6) Abolish all wards.

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

21(1) No borough may be divided or redivided into more
22than 13 wards.

23(2) The following shall apply:

24(i) No ward may be created containing less than 300
25registered electors.

26(ii) Any ward which contains less than 350
27registered electors after December 31, 1965, may be
28abolished, and the territory of the ward shall be
29distributed among the remaining wards as determined by
30council.

1(iii) All wards in existence prior to January 1,
21966, shall remain as established, until altered or
3divided as provided under this chapter.

4(c) Members of council.--If a ward is abolished under this
5section and the number of wards in a borough is reduced to less
6than five, a member of council in an abolished ward shall
7continue in office for his elected term and shall become a
8member of council at large from the borough.

9(d) Composition.--All wards in the borough shall be numbered
10and composed of compact and contiguous territory as nearly equal
11in population as practicable as officially and finally reported
12in the latest official census.

13§ 602. Petition of electors.

14(a) Council.--At least 5% of registered electors of the
15borough or, for a proposal affecting only a portion of the
16borough, at least 5% of the registered electors of the ward
17which would be affected by the proposal may petition council to
18initiate proceedings under section 601 (relating to creation and
19alteration) and may present to council a plot showing the
20boundaries of the proposed wards of the borough. Council shall,
21by motion approved by a majority of council and within 90 days
22of presentment of the petition, determine whether to initiate
23proceedings under section 601.

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

1907 (relating to costs and expenses of contest).

2§ 603. Notice of ordinance.

3(a) Requirement.--Notice of an ordinance enacted in
4accordance with section 601 (relating to creation and
5alteration) shall be given by publication once in a newspaper of
6general circulation.

7(b) County board of elections.--A copy of the ordinance,
8along with a plot showing the boundaries of the wards
9established, shall be forwarded to the county board of
10elections.

11§ 604. (Reserved).

12§ 605. (Reserved).

13§ 606. Terms of officers.

14(a) Appointment.--Except as provided under subsection (b),
15if council divides a borough into wards, it shall request the
16court of common pleas to appoint for each ward a judge and two
17inspectors of election to hold elections until the officers of
18the ward may be elected.

19(b) Expiration.--Except as provided under subsection (a),
20officers in office at the time any changes are made under this 
21chapter shall remain in office until the expiration of the terms
22for which they have been elected. If a vacancy occurs, the
23vacancy shall be filled by the council, until the first Monday
24of January next succeeding the election at which the officers
25are to be elected, as provided under Chapter 8 (relating to 
26elections of officers).

27§ 606.1. Construction of chapter.

28Nothing under this chapter shall be construed as affecting
29any of the following:

30(1) The powers and duties of the court of common pleas

1or the county board of elections.

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

5§ 607. (Reserved).

6CHAPTER 7

7ASSOCIATIONS AND ORGANIZATIONS

8Sec.

9701. State Association of Boroughs.

10701.1. Authorization and expenses.

11701.2. Compensation.

12702. County and regional associations of boroughs.

13703. Other associations and organizations.

14704. Associations and organizations for mayors.

15705. National or State lodge of police officers.

16§ 701. State Association of Boroughs.

17(a) Organization.--The boroughs of the Commonwealth may
18organize a State Association of Boroughs for the purpose of
19advancing the interests of the boroughs. A borough may join the
20State Association of Boroughs by motion of council and payment
21of the annual dues. Each borough, after becoming a member, shall
22pay reasonable dues as determined by the State Association of
23Boroughs.

24(b) Revenue.--Revenue received by the State Association of
25Boroughs shall be used to pay for services, publications and
26other expenses authorized or ratified by the State Association
27of Boroughs, or incurred on behalf of the State Association of
28Boroughs by its officers and committees.

29§ 701.1. Authorization and expenses.

30(a) Delegates.--Council may, by motion, designate one or

1more delegates from the elected or appointed officers of the
2borough to attend the annual meeting of the State Association of
3Boroughs, which shall be held in this Commonwealth in accordance
4with the procedure adopted by the State Association of Boroughs.

5(b) Nondelegates.--Council may, by motion, designate one or
6more elected or appointed officers or employees of the borough
7to attend the annual meeting of the State Association of
8Boroughs as nondelegates or to attend a conference, educational
9training or committee meeting of the State Association of
10Boroughs.

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

12(1) In addition to any compensation allowed under
13section 701.2 (relating to compensation), council may, for
14each delegate, elected or appointed officer or employee under
15subsection (a) or (b), pay the following expenses upon
16receipt of an itemized account of expenses:

17(i) The registration fee.

18(ii) Mileage for use of a personal vehicle or
19reimbursement of actual transportation expenses going to
20and returning from the annual meeting, conference,
21educational training or committee meeting of the State
22Association of Boroughs.

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

25(2) Notwithstanding this subsection, at least one member
26of council shall be allowed the following expenses:

27(i) The registration fee.

28(ii) Lodging, meals, mileage for use of a personal
29vehicle or reimbursement of actual transportation
30expenses going to and returning from the meeting.

1(iii) Any actual expenses that the council may have
2agreed to pay.

3§ 701.2. Compensation.

4(a) Employees.--Council may authorize borough employees,
5including the mayor and members of council if they are employees
6of the borough, to be compensated at their regular employee
7rates during their attendance at the annual meeting or a
8conference, educational training or committee meeting of the
9State Association of Boroughs.

10(b) Nonemployees.--Council may authorize the mayor and any
11council member who is not employed by the borough to receive
12total or partial reimbursement for lost wages or salary,
13including those from self-employment, while attending the annual
14meeting or a conference, educational training or committee
15meeting of the State Association of Boroughs if sufficient
16documentation is presented to council to justify the
17reimbursement.

18(c) Amount.--The maximum time for which a borough employee
19or mayor or council member not employed by the borough shall be
20reimbursed for lost wages or salary while attending the annual
21meeting or a conference, educational training or committee
22meeting of the State Association of Boroughs shall be not more
23than four days, including time spent traveling to and from the
24event.

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

1member attends a meeting for which the mayor or council member
2is an officer, a member of the board of directors, a member of
3the executive committee, a member of a standing committee or a
4trustee of the State Association of Boroughs, subject to the
5following which shall include time spent traveling to and from
6the event:

7(1) The compensation of a mayor or council member for
8attending a meeting of a standing committee of the State
9Association of Boroughs shall be limited to two days per year
10of regular employee rate compensation or lost wages or
11salary.

12(2) The compensation of a mayor or council member for
13attending a meeting for which the mayor or council member is
14a trustee for the State Association of Boroughs shall be
15limited to four days per year of regular employee rate
16compensation or lost wages or salary.

17(3) The compensation of a mayor or council member for
18attending a meeting for which the mayor or council member is
19an officer, member of the board of directors or a member of
20the executive committee of the State Association of Boroughs
21shall be limited to 15 days per year of regular employee rate
22compensation or lost wages or salary.

23(4) A mayor or council member identified under paragraph
24(1), (2) or (3) may not be compensated by the borough under
25this subsection if the mayor or council member receives
26compensation from the State Association of Boroughs or a
27board or committee of the State Association of Boroughs for
28attending the meeting.

29§ 702. County and regional associations of boroughs.

30(a) Organization.--The boroughs of any county or of two or

1more adjoining or nearby counties may organize a county or
2regional association of boroughs, composed of elected and
3appointed borough officers in the county, organized for the
4purpose of furthering the interests of the boroughs in the
5county or regional association of boroughs and their
6inhabitants.

7(b) Appropriation.--A borough may annually appropriate no
8more than $100 for the support of the county or regional
9association of boroughs.

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

11(1) The borough may pay the following expenses of each
12delegate for attendance at a meeting of the county or
13regional association of which the borough is a member:

14(i) The registration fee.

15(ii) Mileage for use of a personal vehicle or
16reimbursement of actual transportation expense going to
17and returning from the meeting.

18(iii) Any actual expenses that the council may have
19agreed to pay.

20(2) Every delegate attending the meeting shall submit to
21the council an itemized account of expenses incurred.

22(d) Compensation.--The council may authorize borough
23employees to be compensated at their regular employee rate
24during their attendance at a meeting of the county or regional
25association. The council solely may authorize the mayor and any
26council member who is not employed by the borough to receive
27total or partial reimbursement for lost wages or salary while
28attending the meeting if sufficient documentation is presented
29to the council to justify the reimbursement.

30(e) Other members.--A county or regional association of

1boroughs may admit representatives of political subdivisions
2other than boroughs within the county as members. Members
3admitted under this subsection shall may not participate in any
4matter of concern solely to boroughs.

5§ 703. Other associations and organizations.

6(a) Authorization.--A borough, by motion of council, may do
7any of the following:

8(1) Join associations and organizations other than
9associations and organizations referred to under this chapter
10concerned with municipal or governmental affairs.

11(2) Pay dues to and appropriate funds for the support of
12and participation in associations and organizations under
13paragraph (1).

14(3) Send delegates to meetings or conferences of
15associations and organizations under paragraph (1).

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

17(1) In addition to any compensation allowed by law for a
18delegate, the borough may pay the following expenses for each
19delegate under subsection (a)(3):

20(i) The registration fee.

21(ii) Mileage for use of a personal vehicle or
22reimbursement of actual transportation expense going to
23and returning from the meeting or conference.

24(iii) Any expenses that the council may have agreed
25to pay.

26(2) Every delegate under subsection (a)(3) shall submit
27to the council an itemized account of expenses incurred.

28(3) The council may authorize borough employees to be
29compensated at their regular employee rate during their
30attendance at an annual meeting or conference of an

1association or organization under paragraph (1). The time
2spent in attending the meeting or conference may not be more
3than four days, including the time traveling to and from the
4meeting or conference.

5(b) Professional and educational meetings.--A borough may,
6by motion of council, do any of the following:

7(1) Authorize any of its officers and employees to
8attend any of the following:

9(i) Meetings of professional organizations and
10associations.

11(ii) Educational training sessions for individuals
12holding the same or similar office or employment.

13(2) Pay all or a portion of the necessary expenses
14incident to an individual's attendance at meetings or
15sessions under paragraph (1).

16(c) Itemized account.--Every individual attending a
17conference, meeting or educational training session under this
18section shall submit to the council an itemized account of the
19individual's expenses, including traveling expenses or mileage,
20that council may have agreed to pay.

21§ 704. Associations and organizations for mayors.

22(a) Authorization.--A mayor may join a mayors' association,
23and council shall pay reasonable dues of up to $100 for each
24mayor belonging to the mayors' association. The mayor may attend
25the annual meeting of the mayors' association, which shall be
26held in this Commonwealth in accordance with the procedure
27adopted by the mayors' association.

28(b) Expenses.--A mayor may receive the following expenses
29for attending the annual meeting under subsection (a):

30(1) The registration fee.

1(2) Lodging, meals, mileage for use of a personal
2vehicle or reimbursement of actual transportation expense
3going to and returning from the meeting.

4(3) Any actual expenses that the council may have agreed
5to pay.

6(c) Itemized account.--Every mayor attending the annual
7meeting under subsection (a) shall submit to the council an
8itemized account of expenses incurred at the annual meeting of
9the mayors' association. The time spent in attending the annual
10meeting may not be more than four days, including time
11traveling to and from the meeting.

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

13(a) Authorization.--A council may grant a borough employee
14who is a duly elected representative of a State lodge of police
15officers or a local lodge which is a part of any national or
16State lodge of police officers a leave of absence with pay to
17attend an annual national or State convention or conference of
18the lodge, for a period not to exceed four days, including
19necessary time for travel to and from the convention or
20conference.

21(b) Certification.--An employee receiving time off with pay
22under subsection (a) shall, upon return, submit to the
23employee's immediate superior a certificate testifying to the
24employee's attendance at the convention or conference, signed by
25at least two responsible officers of the convention or
26conference.

27(c) Limitation.--No more than two elected representatives
28who are employees of the same borough may attend a convention or
29conference on behalf of a lodge under this section.

30CHAPTER 8

1ELECTIONS OF OFFICERS

2Subchapter

3A. General Provisions

4B. Members of Council

5C. Mayor (Reserved)

6D. Auditors (Reserved)

7E. Controller (Reserved)

8F. Assessors (Reserved)

9G. Tax Collector (Reserved)

10SUBCHAPTER A

11GENERAL PROVISIONS

12Sec.

13801. Eligibility.

14802. Time and place.

15803. Certificates.

16804. Term and bonds.

17805. Election after creation.

18806. Officers elected.

19§ 801. Eligibility.

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

21(1) Except as provided under subsection (c), only
22registered electors of the borough shall be eligible to
23elective borough offices.

24(2) Before being sworn into office, each elected borough
25officer shall present a signed affidavit to the borough
26secretary that states that the officer resides in the
27borough<-, or within the ward in the case of a ward office,
28from which elected and has resided in the borough
29continuously for at least one year immediately prior to the
30officer's election.

1(b) Incompatible offices.--A school director or a trustee of 
2a charter school may not be elected to an elective borough
3office. No individual may hold more than one elective borough
4office at the same time.

5(c) Exception.--A borough with a population of less than 150
6may permit residents that have not resided in the borough
7continuously for at least one year immediately before the
8election to be eligible to hold office.

9§ 802. Time and place.

10Elections for borough officers shall be at the time and place
11designated by law for the holding of municipal elections.

12§ 803. Certificates.

13Certificates of election of all borough officers shall be
14filed with the borough secretary and preserved among the records
15of the borough for a period of six years.

16§ 804. Term and bonds.

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

18(1) Except as provided under paragraph (2), an
19individual elected to a borough office shall serve for the
20term for which the individual was elected.

21(2) If a vacancy in office occurs, it shall be filled in
22the manner provided under this part.

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

24(1) Except as provided under paragraph (2), if an
25elected official of a borough is required to give a bond for
26the faithful performance of the elected official's duties,
27the borough may pay the premium for the bond.

28(2) A borough shall pay a proportionate share of the
29cost of a tax collector's bond within the same ratio as the
30amount of borough taxes bears to the total amount of all

1taxes indicated by the tax duplicate to be collected by the
2tax collector during the year preceding the date the premium
3is due.

4§ 805. Election after creation.

5(a) Officers.--The officers of a borough provided for under
6section 806 (relating to officers elected) shall be elected at
7the appropriate municipal election and take office on the first
8Monday of January succeeding the election if any of the
9following occur:

10(1) A borough is incorporated under Subchapter A of
11Chapter 2 (relating to incorporation).

12(2) At least two boroughs are consolidated under 53
13Pa.C.S. Ch. 7 Subch. C (relating to consolidation and
14merger).

15(3) A borough is created from a city of the third class
16under Subchapter C of Chapter 2 (relating to creation from
17cities of the third class).

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

19(1) Except as provided under paragraph (2) and at the
20election under subsection (a), if a borough is not divided
21into wards, the following members shall be elected to
22coincide with the number of members of council elected in
23boroughs existing on January 1, 1966, under section 811
24(relating to election):

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

27(ii) Three or four members of council shall be 
28elected for terms of four years each.

29(2) One member of council shall be elected from each
30ward for a term of two years and one member of council shall

1be elected from each ward for a term of four years in any of
2the following:

3(i) A consolidation of two or more boroughs into one
4borough.

5(ii) The creation of a borough from a city of the
6third class.

7(iii) If two members of council are to be elected
8from each ward.

9(3) In any borough under subsection (a), three auditors
10shall be elected as follows:

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

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

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

14(4) Any officers of a borough not listed under this
15section shall be elected for terms of two or four years to
16coincide with the terms of officers elected under this part 
17in the existing boroughs.

18§ 806. Officers elected.

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

20(1) A mayor, who shall be elected at municipal elections
21every four years.

22(2) A tax collector, who shall be elected at municipal
23elections every four years and must be a properly qualified
24individual. A magisterial district judge may not hold the
25office of tax collector and the office of magisterial
26district judge at the same time.

27(3) Unless the borough provides for one appointed
28auditor under section 1005(7) (relating to powers of 
29council), three auditors or one controller. The following
30shall apply:

1(i) In boroughs providing for three elected
2auditors, one auditor shall be elected at each municipal
3election for a term of six years.

4(ii) In boroughs providing for one elected
5controller, the controller shall:

6(A) be elected at the municipal election;

7(B) be a competent accountant and a registered
8elector of the borough for at least four years prior
9to the individual's election; and

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

11(4) As follows:

12(i) Except as provided under subparagraph (ii), in
13boroughs not divided into wards, seven members of
14council.

15(ii) In a borough with a population of less than
163,000 as determined by the latest official census, the
17total number of members of council may be reduced from
18seven to five or to three upon petition to the court of
19common pleas, as provided under section 818 (relating to 
20decrease in number of members of council).

21(5) As follows:

22(i) Except as provided under subparagraph (ii), in
23boroughs divided into wards, at least one and not more
24than two members of council in each ward.

25(ii) In boroughs in which prior to January 1, 1966, 
26three members of council were elected in each ward, three
27members of council in each ward unless the number is
28reduced as provided under this part. Members of council
29shall:

30(A) be residents of the ward from which they are

1elected; and

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

3(b) Terms.--The term of an elected officer under this
4section shall begin the first Monday of January succeeding the
5individual's election.

6SUBCHAPTER B

7MEMBERS OF COUNCIL

8Sec.

9811. Election.

10812. Election of members of council.

11813. Fixing number of members of council.

12814. Increase in number of ward council members.

13815. Decrease of number of ward council members.

14816. Election of members of council where wards abolished.

15817. Vacancies created after a primary election.

16818. Decrease in number of members of council.

17§ 811. Election.

18Biennially, at the municipal election, a sufficient number of
19members of council shall be elected to fill the places of
20members whose terms shall, under this part, expire on the first
21Monday of January following the election. Members elected under
22this section shall serve for a term of four years from the first
23Monday of January succeeding the municipal election.

24§ 812. Election of members of council.

25(a) General rule.--If council, by ordinance, divides any
26borough into wards, erects new wards out of two or more wards or
27parts of wards or divides a ward already erected into two or
28more wards, the ordinance shall provide for the election of an
29equal number of members of council, in each of the wards, in a
30manner as not to interfere with the terms of those previously

1elected.

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

3(1) If a borough is first divided into wards, the
4ordinance providing for the division shall fix the number of
5members of council in each ward at not more than two. If the
6entire number of council is to be composed of an even number,
7one-half of the entire number must be elected at each
8municipal election. If the entire number of council is to be
9an odd number, the ordinance shall establish two classes and
10provide that one-half of the entire number of members of
11council, less one, shall, as soon as possible, take their
12office in a year divisible by four, and the remaining number
13of members of council shall take their office in an even-
14numbered year not divisible by four.

15(2) The apportionment under paragraph (1) shall be equal
16or as nearly equal as possible representation by wards in
17each class. Biennially, at each municipal election, a
18sufficient number of members of council shall be elected, for
19the term of four years from the first Monday of January
20succeeding the election, to fill the places of those whose
21terms shall expire on the first Monday of January following
22the election.

23§ 813. Fixing number of members of council.

24If, upon the division of a borough into wards or the creation
25of a new ward, the number of members of council cannot be
26equally divided among the wards of the borough, it shall be
27lawful for council to increase the number of council members to
28and not exceeding a number that will enable equal apportionment
29of the members among the several wards of the borough. If a
30borough is first divided into wards, the number of members of

1council provided for a ward may not exceed two.

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

3Council may, upon petition of at least 5% of the registered
4electors of the borough, increase the number of members of
5council to any number not exceeding two for each ward. The
6sufficiency of the number of signers to the petition shall be
7ascertained as of the date when the petition is presented to
8council.

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

10(a) General rule.--If, in any borough divided into wards,
11the council consists of more than seven members, at least 5% of
12the registered electors of the borough shall have the power to
13petition council for a decrease in the number of members of
14council from each ward, except that the council may not consist
15of less than seven members. The purpose of the decrease may be
16to achieve any of the following results:

17(1) A council which is less unwieldy in size.

18(2) A council which is comparable in size to those in
19boroughs not divided into wards.

20(3) A council consisting of an odd number of members
21instead of an even number.

22(4) A reduction in borough expenditures.

23(5) The expedition of the conduct of council meetings.

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

1consisting of at least seven members or to achieve or maintain a
2council consisting of an odd number of members. The sufficiency
3of the number of signers to the petition shall be ascertained as
4of the date the petition is presented to council.

5(c) Notice.--The council shall give notice of the filing of
6the petition by advertisement in the legal newspaper of the
7county, if one is published in the county, and in one newspaper
8of general circulation, and a day and time for a public meeting.
9After the public meeting council may, by ordinance, decrease the
10number of council members elected from each ward from two to
11one, or from three to two or one, and may also provide for the
12election at large of a member or members of council.

13(d) Terms.--Council shall, if necessary, establish a
14schedule for the subsequent at-large election of council
15members. The schedule may provide that the initial term of one
16or more of the council members subsequently elected at large
17shall be reduced to accommodate a schedule of staggered at-large
18elections to eventually ensure that, as nearly as possible, one-
19half of the members of council elected at large will be elected
20at each municipal election. The following shall apply:

21(1) At each municipal election in the borough, if there
22are two members from each ward, the electors of each ward
23shall elect one council member to hold office for a term of
24four years from the first Monday of January succeeding the
25election.

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

1council member for a term of two years. At each succeeding
2municipal election, the electors of the even-numbered wards
3or odd-numbered wards shall each elect one council member for
4a term of four years to take the place of those whose terms
5are about to expire. The council members shall take office on
6the first Monday of January following their election.

7(e) Reduction.--In a borough where, under this section, the
8number of council members shall be reduced, the council members
9then in office shall remain in office until the end of their
10respective terms.

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

12(a) Abolishing.--If council, by ordinance, abolishes all
13wards in a borough, the ordinance shall provide for the election
14of seven members of council at large for the borough in a manner
15as not to interfere with the terms of those ward members of
16council previously elected. If there were previously:

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

1council shall be elected for four-year terms and one for a
2two-year term. At every succeeding municipal election, the
3electors shall elect three or four members of council, as the
4case may be, each to serve for a term of four years from the
5first Monday of January following the municipal election.

6(2) Eight or more members of council, the ordinance
7shall provide that, at the first municipal election, the
8electors shall elect a sufficient number of members of
9council that, when added to the number of members of council
10already in office whose terms are not about to expire, will
11bring the membership of the council to seven. The following
12shall apply:

13(i) The newly elected members of council shall serve
14for terms of four years from the first Monday of January
15following the first municipal election. At the second
16municipal election after the effective date of the
17ordinance, the electors shall elect a sufficient number
18of members of council, that, when added to the number of
19members of council elected at the previous municipal
20election, shall bring the membership of council to its
21full complement of seven. Some of the members of council
22elected at the second municipal election shall serve for
23a four-year term following the first Monday of January
24following the municipal election and the remainder shall
25serve for a two-year term, in an amount to bring the
26number to be elected in the borough in succeeding
27municipal elections into conformity with the number
28elected in the other boroughs of the Commonwealth not
29divided into wards.

30(ii) In the third and all subsequent municipal

1elections following the effective date of the ordinance,
2the electors shall elect three or four members of
3council, as the case may be, each to serve for a term of
4four years from the first Monday of January following the
5municipal election.

6(iii) In any borough in which, under the ward system
7of electing members of council, there shall be seven or
8more members of council whose terms shall not expire on
9the first Monday of January following the first municipal
10election after the effective date of the ordinance, no
11members of council shall be elected at the first
12municipal election, and the members of council remaining
13in office shall constitute the council until the first
14Monday of January following the second municipal election
15following the effective date of the ordinance.

16(iv) At the second municipal election, seven members
17of council shall be elected in the borough, some to serve
18for a four-year term of office from the first Monday of
19January following the second municipal election and the
20remainder to serve for a two-year term, in an amount to
21bring the number of members of council to be elected in
22the borough in succeeding elections into conformity with
23the number elected in other boroughs of the Commonwealth
24not divided into wards.

25(v) At the third and all subsequent municipal
26elections following the effective date of the ordinance,
27the electors shall elect three or four members of
28council, as the case may be, each to serve for a term of
29four years from the first Monday of January following the
30subsequent municipal election.

1(3) Six or fewer members of council, the ordinance shall
2provide that, at the first municipal election, the electors
3shall elect a sufficient number of members of council that,
4when added to the number of members of council already in
5office whose terms are not about to expire, shall bring the
6membership of council to its full complement of seven. Of the
7newly elected members of council, either three or four, as
8necessary to bring the number of members of council to be
9elected in the borough in succeeding municipal elections into
10conformity with the number elected in other boroughs of the
11Commonwealth not divided into wards, shall be elected for
12four-year terms of office, beginning the first Monday of
13January following the first municipal election, and the
14balance shall be elected for two-year terms. At the second
15municipal election following the effective date of the
16ordinance and at all subsequent municipal elections, the
17electors shall elect three or four members of council, as the
18case may be, to serve for a term of four years from the first
19Monday of January following the subsequent municipal
20election.

21(b) Vacancies.--At any time following the effective date of
22the ordinance, when a vacancy may occur in the office of a
23member of council originally elected or appointed from a
24particular ward, the individual appointed to fill the vacancy
25shall not be required to be a resident of the area formerly
26comprising the ward but shall be otherwise qualified for office
27as provided in section 801 (relating to eligibility).

28§ 817. Vacancies created after a primary election.

29If a vacancy is created in the office of a member of council
30by any ordinance or decree of court as provided in this

1subchapter after a primary election, it may be filled by
2nomination made by the committee as is authorized by the rules
3of the party to make nominations in the event of vacancies on
4the party ticket.

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

6(a) Petition by electors.--The court of common pleas may,
7upon petition of at least 5% of the registered electors of any
8borough not divided into wards, which, according to the latest
9official census, had a population of not more than 3,000, reduce
10the total number of members of council for the borough from
11seven to five or to three. The sufficiency of the number of
12signers to the petition shall be ascertained as of the date when
13the petition is presented to court.

14(b) Notice.--The court shall give notice of the filing of
15the petition by advertisement in the legal newspaper of the
16county, if one is published in the county, and in one newspaper
17of general circulation and fix a day and time for hearing. After
18the hearing, the court may decrease the number of members of
19council elected in the borough from seven to five or to three,
20as requested in the petition.

21(c) Number to be elected.--

22(1) At the municipal election following the decrease in
23the number of members of council from seven to five:

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

26(ii) If three members of council would otherwise
27have been elected, two members shall be elected.

28(2) At the second municipal election following the
29decrease in the number of members of council:

30(i) If four members of council would otherwise have

1been elected, three members shall be elected.

2(ii) If three members of council would otherwise
3have been elected, two members shall be elected.

4(3) At all following municipal elections, the proper
5number of members of council shall be elected to correspond
6to the number of members of council whose terms are to expire
7the first Monday of the following January.

8(d) Election.--

9(1) At the municipal election following the decrease in
10the number of members of council from seven to three:

11(i) If four members of council would otherwise have
12been elected, two members shall be elected.

13(ii) If three members of council would otherwise
14have been elected, one member shall be elected.

15(2) At the second municipal election following the
16decrease in the number of members of council in the borough:

17(i) If four members of council would otherwise have
18been elected, two members shall be elected.

19(ii) If three members of council would otherwise
20have been elected, one member shall be elected.

21(3) At all the following municipal elections, the proper
22number of members of council shall be elected to correspond
23to the number of members of council whose terms are to expire
24the first Monday of the following January.

25(f) Terms.--In any borough in which, under this section, the
26number of members of council shall be reduced, the members of
27council then in office shall remain in office until the end of
28their respective terms. If a borough attains a population in
29excess of 3,000, according to the latest official census, the
30number of members of council shall automatically be increased

1from three or five to seven, following the reverse of the
2procedure set forth in subsection (c) or (d).

3SUBCHAPTER C

4MAYOR

5(Reserved)

6SUBCHAPTER D

7AUDITORS

8(Reserved)

9SUBCHAPTER E

10CONTROLLER

11(Reserved)

12SUBCHAPTER F

13ASSESSORS

14(Reserved)

15SUBCHAPTER G

16TAX COLLECTOR

17(Reserved)

18CHAPTER 9

19VACANCIES IN OFFICE

20Sec.

21901. Filling vacancies in elective borough offices.

22902. Collection of taxes where vacancy in office of tax
23collector not filled.

24903. Right of council to declare seat of member vacant for
25failure to qualify.

26904. (Reserved).

27904.1. Removal of elected official and appointee.

28905. Temporary auditor.

29§ 901. Filling vacancies in elective borough offices.

30(a) Vacancies.--If any vacancy occurs in the office of the

1mayor, member of council, auditor, controller or tax collector,
2by death, resignation <-under subsection (a.1) or termination of
3residency from the borough, or from a ward in the case of a ward
4office, or by failure to take the required oath, to give bond as
5provided by law or ordinance or to provide the affidavit
6required under section 801 (relating to eligibility), or in any
7other manner whatsoever, the council shall fill the vacancy
8within 30 days by appointing, by resolution, a registered
9elector of the borough, or of the ward in case of a ward office,
10to hold the office, if the term continues that long, until the
11first Monday in January after the first municipal election
12occurring more than 60 days after the vacancy occurs, at which
13election an eligible individual shall be elected to the office
14for the remainder of the term. Except as provided in section
15801(c), no individual shall be appointed to fill a vacancy in an
16elected borough or ward office unless the individual has resided
17within the borough, or within the ward in the case of a ward
18office, continuously for at least one year immediately prior to
19the individual's appointment.

<-20(a.1) Vacancy by resignation.--

21(1) A vacancy shall not be created by a resignation
22until the date that the resignation is accepted by a majority
23vote of a quorum of council at a public meeting or the
24effective date of the tendered resignation, whichever is
25later. A council must accept a resignation no later than 45
26days after it has been tendered in writing to council, unless
27it is withdrawn in writing prior to acceptance.

28(2) A resignation which is not accepted as provided
29under paragraph (1) shall be deemed accepted after 45 days.

30(b) Bond.--The individual appointed shall give bond if

1required by law or ordinance. If the individual elected to the
2office fails to give any bond required, to provide the affidavit
3required under section 801 or to take the required oath, the
4council, before making the appointment, shall declare the office
5vacant.

6(c) Unfilled vacancies.--If the council of any borough
7refuses, fails, neglects or is unable, for any reason
8whatsoever, to fill any vacancy within 30 days after the vacancy
9happens, as provided in this section, the vacancy shall be
10filled within 15 additional days by the vacancy board. The
11vacancy board shall consist of the council, exclusive of the
12mayor, and one registered elector of the borough who shall be
13appointed by the council at the council's first meeting each
14calendar year or as soon as practical and who shall act as chair
15of the vacancy board. The vacancy board shall appoint a
16registered elector of the borough, or ward in the case of a ward
17office, to hold the office, if the term continues that long,
18until the first Monday in January after the first municipal
19election occurring more than 60 days after the vacancy occurs,
20at which election an eligible individual shall be elected to the
21office for the remainder of the term.

22(d) Board petition.--If the vacancy is not filled by the
23vacancy board within 15 days, the chair shall, or in the case of
24a vacancy in the chair, the remaining members of the vacancy
25board shall petition the court of common pleas to fill the
26vacancy by the appointment of a registered elector of the
27borough, or ward in the case of a ward, to hold the office, if
28the term continues that long, until the first Monday in January
29after the first municipal election occurring more than 60 days
30after the vacancy occurs, at which election an eligible

1individual shall be elected to the office for the remainder of
2the term.

3(e) Elector petition.--If vacancies exist in more than a
4majority of the offices of council, the court of common pleas
5shall fill the vacancies upon presentation of petition signed by
6not less than 15 registered electors of the borough.

7§ 902. Collection of taxes where vacancy in office of tax
8collector not filled.

9If a vacancy in the office of tax collector exists and no
10registered elector of the borough has, within 30 days, received
11the appointment to fill the vacancy, the county commissioners,
12the council and the board of school directors of the school
13district shall collect the tax for the county, the borough and
14the school district, respectively, through their respective
15treasurers, or for school districts, at the option of the
16district, through their secretaries, and for boroughs, at the
17option of the council, through their secretaries or borough
18managers. Nothing in this section shall prohibit a borough from
19providing for agreements or the joint collection of taxes in
20accordance with <-section sections 4.2 and 4.4 of the act of May
2125, 1945 (P.L.1050, No.394), known as the Local Tax Collection
22Law.

23§ 903. Right of council to declare seat of member vacant for
24failure to qualify.

25If an individual, elected or appointed as a member of council
26and notified of election or appointment refuses or neglects to
27qualify as a member of council within ten days following the
28beginning of the individual's term of office, unless prevented
29by sickness or necessary absence from the borough, the council,
30acting without the individual, may declare the individual's

1office as member of council vacant and may fill the vacancy as
2provided in section 901 (relating to filling vacancies in 
3elective borough offices). For these actions, a majority of the
4remaining members of the council shall constitute a quorum.

5§ 904. (Reserved).

6§ 904.1. Removal of elected official and appointee.

7(a) Rule.--A borough officer who is elected or appointed to
8fill a vacancy in elective office may be removed from office as
9follows:

10(1) By impeachment.

11(2) By the Governor for reasonable cause after notice
12and full hearing on the advice of two-thirds of the Senate.

13(3) On conviction of misbehavior in office or of an
14infamous crime.

15(b) Title.--The title to office of a borough officer under
16subsection (a) may be tried by quo warranto.

17§ 905. Temporary auditor.

18If for any reason two or three vacancies exist in the office
19of borough auditors, the council may temporarily appoint and
20reasonably compensate a qualified individual, who need not be an
21elector of the borough, who shall have all the powers and duties
22of the two or three auditors whose offices are vacated.

23CHAPTER 10

24POWERS AND DUTIES

25OF ELECTED OFFICIALS

26Subchapter

27A. Council

28B. Mayor (Reserved)

29C. Auditors

30D. Controller

1E. (Reserved)

2F. Tax Collector

3SUBCHAPTER A

4COUNCIL

5Sec.

61001. Organization of council, quorum, participation by
7telecommunication device, voting, compensation and
8eligibility.

91002. Oath of members of council.

101003. When the mayor may preside over council and vote,
11attendance of mayor at council meetings and breaking
12tie votes.

131004. Failure of council to organize.

141005. Powers of council.

151006. Duties of council.

161007. (Reserved).

171008. (Reserved).

181009. Typewritten, printed, photocopied, microfilmed and
19electronically or digitally stored records valid and
20recording or transcribing records.

211010. (Reserved).

221011. (Reserved).

231012. (Reserved).

241013. (Reserved).

251014. Hearings before council; witnesses.

261015. Witness fees and mileage.

271016. Examination of witnesses; penalty.

28§ 1001. Organization of council, quorum, participation by
29telecommunication device, voting, compensation and
30eligibility.

1(a) Organization.--The council shall organize on the first
2Monday of January of each even-numbered year by electing one
3member as president and one member as vice-president, who shall
4hold the offices at the pleasure of the council. If the first
5Monday is a legal holiday, the meeting and organization shall
6take place the following day. Any action taken by any council at
7any time between 12:01 a.m. on January 1 of an even-numbered
8year and the organization of council in that year shall be
9subject to reconsideration by the new council at any time within
10ten days after organization. The council may, at the
11organizational meeting, appoint other officers as may be
12provided for by law or ordinance, or as may be deemed necessary
13for the conduct of affairs of the borough, and may transact any
14other business as may come before the meeting. The president,
15and during the president's absence or incapacity, the vice-
16president, shall preside over the meetings of council and
17perform other duties as are prescribed by this part or by
18ordinance.

19(b) Quorum.--A majority of the membership of council then in
20office shall constitute a quorum. Except as provided in
21subsection (c), only council members physically present at a
22meeting place within the borough shall be counted in
23establishing a quorum.

24(c) Telecommunication.--Council may provide for the
25participation of council members in council meetings by means of
26telecommunication devices, such as telephones or computer
27terminals, which permit, at a minimum, audio communication
28between locations, if the following apply:

29(1) A majority of the membership of council then in
30office is physically present at the advertised meeting place

1within the borough and a quorum is established at the
2convening or reconvening of the meeting. If, after the
3convening or reconvening of a meeting, a member has been
4disqualified from voting as a matter of law, but is still
5physically present, council members participating by
6telecommunication device in accordance with this section
7shall be counted to maintain a quorum.

8(2) The telecommunication device used permits the member
9or members of council not physically present at the meeting
10to:

11(i) speak to and hear the comments and votes, if
12any, of the members of council who are physically
13present, as well as other members of council who may not
14be physically present and are also using a
15telecommunication device to participate in the meeting;
16and

17(ii) speak to and hear the comments of the public
18who are physically present at the meeting.

19(3) The telecommunication device used permits the
20members of council and the members of the public who are
21physically present at the meeting to speak to and hear the
22comments and the vote, if any, of the member or members of
23council who are not physically present at the meeting.

24(4) Physical absence of a council member. Council may
25only authorize participation by telecommunication device for
26one or more of the following reasons:

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

28(ii) care for the ill or newborn in the member's
29immediate family;

30(iii) emergency; and

1(iv) family or business travel.

2(5) Nothing in this subsection shall be construed to
3limit the protections and prohibitions contained in any law
4or regulation relating to the rights of the disabled.

5(d) Voting.--A member of the council shall not be
6disqualified from voting on any issue before the council solely
7because the member has previously expressed an opinion on the
8issue in either an official or unofficial capacity.

9(e) Compensation.--Members of council may receive
10compensation to be fixed by ordinance as follows:

11(1) In boroughs with a population of less than 5,000, a
12maximum of $1,875 per year.

13(2) In boroughs with a population of 5,000 or more but
14less than 10,000, a maximum of $2,500 per year.

15(3) In boroughs with a population of 10,000 or more but
16less than 15,000, a maximum of $3,250 per year.

17(4) In boroughs with a population of 15,000 or more but
18less than 25,000, a maximum of $4,125 per year.

19(5) In boroughs with a population of 25,000 or more but
20less than 35,000, a maximum of $4,375 per year.

21(6) In boroughs with a population of 35,000 or more, a
22maximum of $5,000 per year.

23The salaries shall be payable monthly or quarterly for the
24duties imposed by this part. Benefits provided to members of
25council under section 1202(26) (relating to specific powers)
26shall not be considered pay, salary or compensation, but payment
27for all or a part of the premiums or charges for the benefits
28shall be in accordance with section 1202(26). Any change in
29salary, compensation or emoluments of the elected office shall
30become effective at the beginning of the next term of the member

1of council.

2(f) Eligibility for compensation.--The population shall be
3determined by the latest available official census figures. In
4no case shall the compensation for any member of council exceed
5that of the mayor in any given borough, but, if the mayor's
6compensation exceeds that authorized by this section for members
7of council, the president of council may receive compensation
8not to exceed that of the office of mayor.

9§ 1002. Oath of members of council.

10Before entering upon the duties of their offices, the members
11of council shall take and subscribe an oath or affirmation of
12office under 53 Pa.C.S. § 1141 (relating to form of oaths of
13office). The oath or affirmation may be taken before any judge
14or magisterial district judge of the county, a notary public or
15the mayor of the borough when the individual has qualified, and
16the oath or affirmation shall be filed with the borough
17secretary and preserved among the records of the borough for a
18period of six years.

19§ 1003. When the mayor may preside over council and vote,
20attendance of mayor at council meetings and breaking
21tie votes.

22(a) Presiding over meetings.--The mayor shall preside over
23the organization of the council until it is organized as
24provided in section 1001 (relating to organization of council, 
25quorum, participation by telecommunication device, voting, 
26compensation and eligibility), and shall be deemed a member of
27council at the organizational meeting if the mayor's membership
28becomes necessary to constitute a quorum.

29(b) Voting at meetings.--The mayor shall not vote at the
30meeting unless the mayor's vote shall, for any reason, be

1required to effect the organization of council or to elect any
2officer who is required to be or may be elected at the
3organizational meeting. If the mayor is absent from the
4organizational meeting, one of the members of council physically
5present at the meeting and chosen by the members eligible to
6vote at the meeting shall preside.

7(c) Attendance.--The mayor may attend any or all regular and
8special meetings of council and take part in the discussions of
9the council on matters pertaining to borough affairs, subject to
10any restrictions applicable to members of council contained in
11the rules of order or bylaws of the council.

12(d) Tie votes.--

13(1) If, by reason of a tie or split vote, the council
14shall be unable to:

15(i) enact or pass any ordinance, resolution or
16motion;

17(ii) declare any vacancy pursuant to section 903
18(relating to right of council to declare seat of member 
19vacant for failure to qualify);

20(iii) fill any other vacancy in its membership or in
21any other borough office.

22(iv) take any action on any matter lawfully brought
23before it;

24the mayor, if in attendance at the meeting, may, at the
25mayor's option, cast the deciding vote or shall direct that
26the matter be tabled until a special meeting of council.

27(2) The special meeting of council shall be held within
28not less than five days or more than ten days at which time
29the matter shall be reconsidered by council.

30(3) If a tie or split vote still exists, it shall be the

1duty of the mayor at that time to cast the deciding vote.

2(4) If a tie or split vote occurs at any meeting when
3the mayor is not in attendance, the matter shall be tabled to
4a special meeting to be held within not less than five days
5or more than ten days as set by the president of council, and
6the mayor shall be given at least five days' notice of the
7meeting, at which meeting it shall be the duty of the mayor
8to cast the tie-breaking vote.

9§ 1004. Failure of council to organize.

10If the council of any borough fails to organize within ten
11days from the time prescribed in this chapter, the court of
12common pleas, upon the petition of at least ten registered
13electors of the borough verified by the affidavit of one of the
14petitioners, shall issue a rule upon the delinquent members of
15council to show cause why their seats should not be declared
16vacant. The rule shall be returnable not less than five days
17from the time of its issue, and, after hearing, the court may
18declare the seats of the members of council responsible for the
19failure to organize vacant and shall appoint others in their
20place, who shall hold office for the respective unexpired terms.

21§ 1005. Powers of council.

22The council shall have power:

23(1) To, by motion, ordinance or resolution, create the
24offices of and appoint, a treasurer, a secretary, a
25solicitor, an engineer, a street commissioner and other
26officers as it deems necessary. The treasurer and the
27secretary shall not be members of council. A bank or bank and
28trust company may be appointed as treasurer. All officers and
29employees appointed by the council, with the exception of
30those who under this part or any other act are under civil

1service or have a definite term of office, shall serve for an
2indefinite term at the pleasure of the council.

3(2) To mitigate or remit fines and forfeitures in
4reasonable cases.

5(3) By resolution, to make temporary loans on the credit
6of the borough in anticipation of taxes to be collected and
7issue certificates of indebtedness. The loans shall be repaid
8from the first money available from taxes in anticipation of
9which the loans were made.

10(4) With respect to depositories and securities, to:

11(i) Appoint and revoke the appointment of one or
12more depositories for borough funds and to fix and
13approve security to be furnished by the depository. The
14security may be bonds with corporate or individual
15securities to be approved by council, or collateral
16security consisting of obligations of the United States
17or the Commonwealth or any political subdivision,
18deposited with the borough or with any bank or trust
19company within this Commonwealth and of a market value of
20120% of the amount of the deposit to be secured. Any
21deposit of collateral shall be under proper agreement and
22be accompanied by proper assignment or power of attorney
23for the transfer of the collateral. The borough treasurer
24shall deposit all borough funds in a depository
25designated under this subparagraph. If borough funds are
26deposited under this subparagraph, the borough treasurer
27shall be released and discharged from further liability
28on account of the deposit.

29(ii) Subparagraph (i) shall not be construed to
30require a depository to furnish bond or collateral

1security to cover the amount of any deposit to the extent
2that the deposit is insured with the Federal Deposit
3Insurance Corporation.

4(5) To secure indemnity bonds or policies of insurance
5as it may deem necessary to protect the borough from loss by
6reason of fire, flood, windstorm, burglary, larceny,
7negligence or dishonesty or insolvency of a depository, or
8otherwise, and to pay for the protection the usual or
9customary costs.

10(6) With respect to investments, to:

11(i) make investment of borough sinking funds as 
12authorized by 53 Pa.C.S. Pt. VII Subpt. B (relating to 
13indebtedness and borrowing);

14(ii) make investment of money in the general fund
15and in special funds of the borough other than the
16sinking funds as authorized by Chapter 13 (relating to 
17taxation and finance); and

18(iii) liquidate any investment, in whole or in part,
19by disposing of securities or withdrawing funds on
20deposit. Any action taken to make or to liquidate any
21investment shall be made by the officers designated by
22action of the council.

23(7) To provide, by ordinance passed by a two-thirds vote
24of the entire number of members of council elected, for the
25appointment of an independent auditor who shall be a
26certified public accountant registered in this Commonwealth,
27a firm of certified public accountants registered in this
28Commonwealth or a competent public accountant or a competent
29firm of public accountants.

30(i) When an ordinance has been adopted, an

1independent auditor shall be appointed annually, by
2resolution before the close of the fiscal year, to make
3an independent examination of the accounting records of
4the borough for the fiscal year, and the independent
5auditor shall also perform the other duties and exercise
6the powers as conferred upon the independent auditor
7under Subchapter C (relating to auditors).

8(ii) When an independent auditor is appointed as
9provided in this paragraph, the office of elected borough
10auditor or controller is abolished, but the borough
11auditors or controller then in office shall continue to
12hold their office during the term for which elected, and
13the borough auditors or controller shall not audit,
14settle or adjust the accounts audited by the independent
15auditor, but shall perform the other duties of their
16office.

17(iii) If any borough has provided by ordinance for
18the audit of its accounts by an appointed auditor, the
19borough shall have the right at any time to repeal the
20ordinance, and the office of appointed auditor shall be
21abolished as of the date set in the ordinance. The
22borough shall have the further right at the next
23municipal election following the repeal of the ordinance
24to elect three auditors, one for a term of two years, one
25for a term of four years and one for a term of six years,
26from the first Monday of January following the election,
27which auditors shall succeed the appointed auditor and
28shall have and possess all the powers and perform all the
29duties provided in this part for elected auditors. If, at
30any time after the effective date of any ordinance

1abolishing the office of appointed auditor, there shall
2be a vacancy in the office of elected auditor, council
3shall fill the vacancies in the manner prescribed in
4section 901 (relating to filling vacancies in elective 
5borough offices).

6(8) To make, authorize and ratify expenditures for
7lawful purposes from funds available or from funds borrowed
8within legal limits.

9(9) To pay authorized expenses incurred by elected and
10appointed borough officers in connection with their duties or
11other borough business.

12§ 1006. Duties of council.

13It shall be the duty of the council:

14(1) To organize, under section 1001 (relating to 
15organization of council, quorum, participation by 
16telecommunication device, voting, compensation and 
17eligibility), in even-numbered years.

18(2) To meet at a stated time at least once a month.
19Council may adjourn to a stated time for general business or
20for special businesses. If no quorum is present at a regular,
21special or reconvened meeting, a majority of those who do
22meet may agree upon another date for like business in a
23manner consistent with 65 Pa.C.S. Ch. 7 (relating to open
24meetings). Special meetings may be called by the president of
25council or upon written request of at least one-third of the
26members of council. Members shall have at least 24 hours'
27notice of the special meetings. The notice shall state
28whether it is for general or special purposes, and, if it is
29for special purposes, the notice shall contain a general
30statement of the nature of the business to be transacted.

1Presence at a meeting constitutes waiver of notice. Council
2may adopt rules relating to the calling and holding of
3special meetings, which rules shall supersede the provisions
4of this section, provided that the rules comply with the
5provisions of 65 Pa.C.S. Ch. 7.

6(3) To make and preserve records of its proceedings.

7(4) To enact, revise, repeal and amend ordinances and
8resolutions under Chapter 33 (relating to ordinances), and
9bylaws, rules and regulations, not inconsistent with the laws
10of this Commonwealth, as it deems beneficial to the borough
11and to provide for the enforcement of the same. Unless
12otherwise provided, all powers shall be exercised by vote of
13the majority of council eligible to vote at a meeting.
14Routine, ministerial or administrative purchases and powers
15may be made and exercised by officers or committees if
16authority for the action was previously given or if the
17action is subsequently ratified by council. If any action by
18the council results in a specific written contract or
19agreement, the contract or agreement shall be signed by the
20president of the council.

21(5) To cause notices to be served, as required by law or
22ordinance, in a manner council may by motion or other action
23decide.

24(6) To fix the compensation of all of the borough
25officers, appointees and employees.

26(7) To fix the amount of security to be given by the
27treasurer, and of other officers, appointees and employees as
28it may designate.

29§ 1007. (Reserved).

30§ 1008. (Reserved).

1§ 1009. Typewritten, printed, photocopied, microfilmed and
2electronically or digitally stored records valid and
3recording or transcribing records.

4(a) Validity.--All borough records required to be recorded
5or transcribed shall be deemed valid if typewritten, printed,
6photocopied, microfilmed or electronically or digitally stored
7or retained by any other process that accurately reproduces the
8original and forms a durable medium for recording, storing and
9reproducing in accordance with the act of May 9, 1949 (P.L.908,
10No.250), entitled "An act relating to public records of
11political subdivisions other than cities and counties of the
12first class; authorizing the recording and copying of documents,
13plats, papers and instruments of writing by digital,
14photostatic, photographic, microfilm or other process, and the
15admissibility and enlargements in evidence; providing for the
16storage of duplicates and sale of microfilm and digital copies
17of official records and for the destruction of other records
18deemed valueless; and providing for the services of the
19Pennsylvania Historical and Museum Commission to political
20subdivisions."

21(b) Requirements.--If recording or transcribing in a
22specified book of record is required, including minutes of the
23proceedings of the council, the records shall be recorded or
24transcribed as follows:

25(1) in a mechanical post binder book capable of being
26permanently sealed with consecutively numbered pages with a
27security code printed on it and a permanent locking device
28with the borough seal being impressed upon each page; or

29(2) in a bound book with pages being consecutively
30numbered by transcribing directly upon the pages of the book

1of record or by permanently attaching the records or copies
2to the book of record with the borough seal being impressed
3upon each page to which the record is attached, with each
4impression covering both a portion of the attached record and
5a portion of the page of the book of record to which the
6record is attached.

7(c) Previously recorded documents.--All records previously
8recorded or transcribed in any manner authorized by this part at
9the time the records were recorded or transcribed are validated.

10§ 1010. (Reserved).

11§ 1011. (Reserved).

12§ 1012. (Reserved).

13§ 1013. (Reserved).

14§ 1014. Hearings before council; witnesses.

15Councils may compel the attendance of witnesses and the
16production of books, papers or other evidence at any meeting of
17the council or any committee of the council and for that purpose
18may issue subpoenas, signed by the president of council or the
19chair of the committee, which shall be served in any part of
20this Commonwealth. If a witness refuses to testify to any fact
21within the witness's knowledge or to produce any books or papers
22in the witness's possession or control required to be used as
23evidence in any case, the borough solicitor shall report the
24facts relating to the refusal to the court of common pleas. If
25the court determines the evidence required of the witness to be
26legal and competent, it shall order the witness to testify or
27produce the evidence required.

28§ 1015. Witness fees and mileage.

29No individual residing outside the borough and subpoenaed
30under section 1014 (relating to hearings before council,
 

1witnesses) shall be required to respond to the subpoena until
2mileage to and from the borough at the rate established by the
3council under the act of July 20, 1979 (P.L.156, No.51),
4referred to as the Uniform Mileage Fee Law, and witness fees as
5required by law relating to witnesses have been paid.

6§ 1016. Examination of witnesses; penalty.

7An individual called as a witness, as provided in this 
8chapter, may be examined under oath, administered by the
9president of council or chair of the committee and, for the
10giving of false testimony, shall be liable for prosecution under
11applicable laws for perjury.

12SUBCHAPTER B

13MAYOR

14(Reserved)

15SUBCHAPTER C

16AUDITORS

17Sec.

181041. Auditors to meet yearly and audit accounts.

191042. (Reserved).

201043. (Reserved).

211044. (Reserved).

221045. (Reserved).

231046. (Reserved).

241047. (Reserved).

251048. (Reserved).

261049. (Reserved).

271050. (Reserved).

281051. (Reserved).

291052. (Reserved).

301053. Compensation of auditors.

11054. (Reserved).

21055. Subpoenas, oath and perjury.

31056. (Reserved).

41057. (Reserved).

51058. Pay of witnesses.

61059. Auditors to settle accounts where witnesses do not
7appear.

81059.1. Completion, filing and publication of auditor's report
9and financial statement.

101059.2. Attorney to auditors.

111059.3. Surcharge by auditors.

121059.4. Appeals from audit.

131059.5. Taxpayers appealing to enter bond.

141059.6. Procedure on appeals.

151059.7. Findings of fact and law, judgment and appeals.

161059.8. Attorney fees.

171059.9. Balances due to be entered as judgments.

181059.10. Penalty for failure to comply with law.

191059.11. General powers and duties of independent auditor.

20§ 1041. Auditors to meet yearly and audit accounts.

21(a) First meeting.--The auditors of the borough shall meet
22on the first Tuesday of January of each year and shall organize
23by the election of a chair and a secretary. If the first Tuesday
24is a legal holiday, the meeting and organization shall take
25place the following day. Two auditors shall constitute a quorum.

26(b) Audits.--The auditors:

27(1) Shall audit, adjust and settle the accounts of the
28tax collectors, the magisterial district judge and all
29officers of the borough.

30(2) May audit, adjust and settle the accounts of any

1person, corporation, association, organization, committee or
2commission receiving or expending borough funds.

3(3) Audit and report to the council, upon the accounts
4of every officer of the borough, upon the death, resignation,
5removal or expiration of the term of the officer.

6Unless otherwise agreed to by the auditors and the person being
7audited, the audit shall be conducted at the place the records
8of the person are normally kept.

9(b.1) Cancellation.--All orders, vouchers and certificates
10of indebtedness which have been paid shall, on their
11presentation to the auditors, be canceled by writing or stamping
12the word "audited" on the face of the documents.

13(c) (Reserved).

14(d) (Reserved).

15(e) (Reserved).

16(f) (Reserved).

17(g) (Reserved).

18§ 1042. (Reserved).

19§ 1043. (Reserved).

20§ 1044. (Reserved).

21§ 1045. (Reserved).

22§ 1046. (Reserved).

23§ 1047. (Reserved).

24§ 1048. (Reserved).

25§ 1049. (Reserved).

26§ 1050. (Reserved).

27§ 1051. (Reserved).

28§ 1052. (Reserved).

29§ 1053. Compensation of auditors.

30(a) General compensation.--Subject to the limitations set

1forth in subsection (b), each auditor shall receive $10 per hour
2for each hour or portion of an hour necessarily employed in the
3discharge of the auditor's duties, to be paid by the borough.

4(b) Limits.--No auditor in a borough having a population of
510,000 or less shall be entitled to receive more than $1,000 for
6completing the annual audit, settlement and adjustment. No
7auditor in a borough having a population in excess of 10,000
8shall be entitled to receive more than $2,000 for completing the
9annual audit, settlement and adjustment.

10(c) Reimbursements.--Each auditor shall be reimbursed for 
11travel costs incurred in the performance of the auditing duties 
12at the rate established by the council under the act of July 20, 
131979 (P.L.156, No.51), referred to as the Uniform Mileage Fee 
14Law, and for other actual expenses, including postage, notary 
15fees or publication costs, necessarily incurred during the 
16audit.

17§ 1054. (Reserved).

18§ 1055. Subpoenas, oath and perjury.

19(a) Subpoenas.--A majority of the auditors of any borough
20shall have the power to issue subpoenas to obtain the attendance
21of the persons whose accounts they are required to adjust, their
22executors and administrators, and of any persons whom it may be
23necessary to examine as witnesses and to compel their
24attendance, and may also compel the production of all documents,
25including books, vouchers and papers relative to borough
26accounts. If any person refuses or neglects to appear, to
27produce documents or to testify, the auditors shall petition the
28court of common pleas of the county to issue a subpoena to the
29person and to require the person to produce documents or to
30appear and to testify before the court. The court shall issue

1the subpoena if it deems the documents or testimony relevant to
2the issue.

3(b) Oaths.--The auditors of any borough shall have power to
4administer oaths and affirmations to all persons brought or
5appearing before them, whether accountants, witnesses or
6otherwise. Persons guilty of swearing or affirming falsely on
7the examination commits perjury.

8§ 1056. (Reserved).

9§ 1057. (Reserved).

10§ 1058. Pay of witnesses.

11Witnesses, other than officers of the borough, appearing
12before the auditors and individuals or officers serving
13subpoenas shall be paid, out of the borough treasury upon
14authorization signed by a majority of the auditors and orders
15drawn on the borough treasury, the same fees as are payable for
16rendering similar services in civil proceedings before a
17magisterial district judge. The amount paid shall be made a part
18of the charge against any officer who shall be charged by the
19auditors with any balance, if the costs have been incurred in
20establishing the balance. The costs collected from any officer
21shall be repaid into the borough treasury.

22§ 1059. Auditors to settle accounts where witnesses do not
23appear.

24If any person in possession of documents relative to public
25accounts before auditors refuses to produce the same or if any
26officer whose accounts are to be settled and adjusted by the
27auditors refuses to appear or submit to examination as directed
28by this subchapter, the auditors or a majority of them may
29proceed, by the examination of witnesses and other evidence, to
30ascertain and settle, as near as may be, the amount of public

1money received by the officer and its application to public
2purposes or otherwise.

3§ 1059.1. Completion, filing and publication of auditor's
4report and financial statement.

5(a) Reports.--The auditors shall complete the annual audit,
6adjustment and settlement as soon as possible after the end of
7the fiscal year. The auditors shall, within ten days after
8completing the annual audit, publish once, in at least one
9newspaper of general circulation, a concise financial statement
10setting forth all of the following:

11(1) The balance in the treasury at the beginning of the
12fiscal year.

13(2) All revenue received during the fiscal year by major
14classifications.

15(3) All expenditures made during the fiscal year by
16major functions and the current resources and liabilities of
17the borough at the end of the fiscal year.

18(4) The gross liability and net debt of the borough.

19(5) The amount of assessed valuation of the borough.

20(6) The assets of the borough with their character and
21value.

22(7) The date of the last maturity of the respective
23forms of funded debt.

24(8) The assets in each sinking fund.

25(b) Details.--The auditors shall prepare a report which
26shall contain an audit of the accounts of the last fiscal year
27and shall also show a complete statement of the financial
28condition of the borough, giving in detail all of the following:

29(1) The actual indebtedness.

30(2) The amount of funded debt.

1(3) The amount of floating debt.

2(4) The valuation of taxable property in the borough.

3(5) The assets of the borough with their character and
4value.

5(6) The date of maturity of the respective forms of
6funded debt of the borough.

7(b.1) Filing of reports and penalties.--The reports shall be
8prepared no later than 90 days after the close of the fiscal
9year. It shall be the duty of the secretary of the auditors to
10file a copy of the report with the secretary of the borough,
11with the clerk of the court of common pleas of the county or the
12prothonotary under local rules of court, with the Department of
13Transportation and with the Department of Community and Economic
14Development no later than 90 days after the close of the fiscal
15year. Any secretary of the auditors refusing or willfully
16neglecting to file the report commits a summary offense. If the
17failure to file the report within the period specified is due to
18the failure of any or all of the auditors to prepare the
19statement upon which the report is to be based, the auditor
20commits a summary offense.

21(c) Service of report.--The secretary of the auditors shall
22serve, by registered or certified mail, notice to every elected
23or appointed official against whom a balance or shortage appears
24in the report required under subsection (b). The notice shall be
25served prior to the filing of the report and shall indicate the
26amount of the balance or shortage and a brief description of how
27the balance or shortage was derived. The notice shall indicate
28that the balance or shortage is deemed a surcharge under section
291059.3 (relating to surcharge by auditors) and shall apprise the
30officer served of the right to appeal under section 1059.4

1(relating to appeals from audit). Service of notice is complete
2when the notice is properly addressed, postage prepaid and
3mailed. Failure to receive the notice required by this
4subsection shall not constitute grounds for relief from any
5judgment entered under this chapter.

6(d) Presentation.--The annual auditors report and the annual
7financial statement shall be presented on a uniform form
8prepared by a committee as provided in Chapter 13 (relating to 
9taxation and finance).

10§ 1059.2. Attorney to auditors.

11The borough auditors may employ an attorney if deemed
12advisable by a majority of the auditors. The auditors, with the
13agreement of council, shall determine the compensation to be
14paid to the attorney. If the auditors and council cannot agree
15on the compensation, upon petition of the auditors, the court of
16common pleas shall establish the compensation for the attorney
17employed by the auditors. The compensation for the attorney
18shall be paid out of the borough general fund.

19§ 1059.3. Surcharge by auditors.

20(a) Surcharges.--

21(1) The amount of any balance or shortage or of any
22expenditure of a kind or made in a manner prohibited or not
23authorized by statute which causes a financial loss to the
24borough shall be a surcharge against any officer against whom
25the balance or shortage shall appear, or who by vote, act or
26neglect has permitted or approved the expenditure.

27(2) The following shall apply:

28(i) No elected or appointed official of a borough
29may be surcharged for any act, error or omission in
30excess of the actual financial loss sustained by the

1borough.

2(ii) A surcharge shall take into consideration as
3its basis the results of the act, error or omission and
4the results had the procedure been strictly in accordance
5with law.

6(iii) Subparagraph (i) shall not apply to cases
7involving fraud or collusion on the part of officers nor
8to any penalty enuring to the benefit of or payable to
9the Commonwealth. Notwithstanding this section, the
10procedures in the act of May 25, 1945 (P.L.1050, No.394),
11known as the Local Tax Collection Law, shall apply to
12balances and shortages in the tax accounts of the tax
13collector.

14(b) Illegal acts.--In any matter involving a financial
15transaction, any official knowingly and willfully acting
16contrary to law commits a misdemeanor and, upon conviction, may
17be sentenced to pay a fine not exceeding $100.

18§ 1059.4. Appeals from audit.

19It shall be lawful for the borough, or any taxpayer of the
20borough on its behalf, or any person whose account is settled or
21audited, to appeal from the settlement or audit, as shown in the
22auditors report, to the court of common pleas of the county no
23later than 40 days from the date of the filing of the auditor's
24report with the clerk of common pleas.

25§ 1059.5. Taxpayers appealing to enter bond.

26No appeal by a taxpayer or officer may be allowed unless,
27within the time of taking the appeal, the appellant secures a
28bond in the sum of $1,000 with sufficient surety to prosecute
29the appeal and to pay all costs of appeal, in case, if the
30appellant is a taxpayer, the appellant fails to obtain a final

1decision more favorable to the borough than that awarded by the
2auditors or, in case, if the appellant is an accounting officer,
3the appellant fails to obtain a final decision more favorable to
4the officer than that awarded by the auditors. Unless the bond
5is filed as provided in this section, the court of common pleas,
6upon application, shall set aside the appeal.

7§ 1059.6. Procedure on appeals.

8(a) Evidence and burden.--In any proceeding upon an appeal
9from a report of the auditors, the accounts of the office or
10officers or the person, corporation, association, organization,
11committee or commission in question may be investigated de novo,
12and the burden shall be upon each officer, person, corporation,
13association, organization, committee or commission whose
14accounts are involved in the appeal of establishing the person's
15right to credits claimed by the person, but the opposing party
16in the appeal may use any facts, figures or findings of the
17report of the auditors as prima facie evidence against any
18officer or other entity.

19(b) Multiple appeals.--If more than one appeal from a report
20of the auditors has been taken, the court shall, on its own
21motion or upon motion of any interested party, direct the
22several appeals to be disposed of in a single proceeding.

23§ 1059.7. Findings of fact and law, judgment and appeals.

24After the hearing, the court shall file its findings of fact
25and law and enter judgment accordingly, and the judgment so
26entered may be enforced by the prevailing party by any
27appropriate proceeding. Appeals from the court's ruling may be
28taken in accordance with law.

29§ 1059.8. Attorney fees.

30(a) Fees awarded.--Upon final determination of an appeal

1taken under section 1059.4 (relating to appeals from audit) from
2any report, audit or settlement of the account of any borough
3officer, attorney fees shall be awarded as follows:

4(1) If, in the opinion of the court the final
5determination is more favorable to the borough officer
6involved than that awarded by the auditors, the borough shall
7pay reasonable attorney fees or, under paragraph (3), a
8portion of reasonable attorney fees incurred by the officer
9in connection with the surcharge proceeding.

10(2) If, in the opinion of the court, the final
11determination is more favorable to the borough than that
12awarded by the auditors in the case of an appeal taken by the
13borough or a taxpayer, the borough officer who is the subject
14of the surcharge proceeding shall pay reasonable attorney
15fees or, under paragraph (3), a portion of reasonable
16attorney fees incurred by the borough, elector or taxpayer in
17connection with the surcharge proceeding.

18(3) If, in the opinion of the court, the final
19determination is in part more favorable to the borough and in
20part more favorable to the borough officer involved in the
21surcharge proceeding than that awarded by the auditors, the
22court may order:

23(i) the borough to pay a portion of reasonable
24attorney fees incurred by the officer in connection with
25the surcharge proceeding; or

26(ii) the borough officer who is the subject of the
27surcharge proceeding to pay a portion of reasonable
28attorney fees incurred by the borough or taxpayer in
29connection with the surcharge proceeding.

30(b) Other accounts.--The attorney fees in case of appeals

1involving accounts other than those of borough officers shall be
2allocated in the court's discretion.

3§ 1059.9. Balances due to be entered as judgments.

4A balance in a report of the auditors against an officer of
5the borough shall constitute a surcharge against the officer as
6fully as if expressly stated in the report to be a surcharge.
7The amount of a balance and of any express surcharge shall, if
8no appeal is taken or after an appeal has been finally
9determined in favor of the borough, be entered by the
10prothonotary as a judgment against the officer. The clerk of the
11court of common pleas shall certify the amount of every balance
12or surcharge contained in a report from which no appeal has been
13taken within the time provided under this chapter to the court
14of common pleas for entry by the prothonotary as a judgment. Any
15taxpayer of the borough may enforce the collection of the
16balance or surcharge for the benefit of the borough, by action
17or execution, upon filing in the court of common pleas a bond,
18in the sum of $1,000 with one or more sureties, conditioned to
19indemnify the borough from all costs of the proceedings
20undertaken by the taxpayer, subject to all rights of appeal from
21the report of auditors granted by this part. If a person has
22been or shall be surcharged for an illegal purchase and no fraud
23or collusion is shown and the surcharge is paid to the borough,
24the article purchased shall become the property of the person
25surcharged.

26§ 1059.10. Penalty for failure to comply with law.

27(a) Neglect.--An auditor neglecting or refusing to comply
28with this chapter commits a summary offense.

29(b) Financial interest.--An auditor who is financially
30interested, directly or indirectly, in a borough transaction

1commits a summary offense.

2§ 1059.11. General powers and duties of independent auditor.

3(a) Powers and duties.--If an independent auditor is
4appointed under section 1005(7) (relating to powers of council),
5the independent auditor shall have the same powers and duties
6and be subject to the same penalties as the auditors under this 
7chapter. The independent auditor shall annually examine, audit
8and settle all accounts in which the borough is concerned. The
9audit shall consist of an examination in accordance with
10generally accepted auditing standards and shall include tests of
11the accounting records and other auditing procedures as the
12independent auditor considers necessary in the circumstances.
13The independent auditor shall make and publish the annual
14financial report in the same form and manner and at the same
15time as required in this part of the auditors of the borough.

16(b) Reporting.--The independent auditor shall audit the
17accounting records of the borough for the fiscal year and shall
18prepare a report on the examination which shall be subject to
19appeal in the same manner as reports of the auditors under this 
20chapter. The report shall set forth:

21(1) The scope of the examination.

22(2) The independent auditor's opinion of the fairness of
23the presentation of the financial statement of the borough,
24which shall show a complete statement of the financial
25condition of the borough, giving in detail the actual
26indebtedness, the amount of funded debt, the amount of
27floating debt, the valuation of the taxable property in the
28borough, the assets of the borough with their character and
29value and the date of the maturity of the respective forms of
30funded debt of the borough.

1(3) The amount of any balance or shortage or any
2expenditure of any kind or made in a manner prohibited or not
3authorized by a statute which came to the independent
4auditor's attention during the course of the examination and
5which, in the independent auditor's opinion, causes a
6financial loss to the borough as provided in section 1059.3
7(relating to surcharge by auditors) shall be a surcharge
8against an officer against whom the balance or shortage shall
9appear, subject to appeal, entry as judgment, certification
10and enforcement as provided in this chapter.

11(c) Hiring attorney.--The independent auditor may employ an
12attorney subject to the provisions of section 1059.8 (relating
13to attorney fees), except that the employment shall be with the
14consent of council.

15(d) Other applicable laws.--Sections 1055 (relating to
16subpoenas, oath, perjury), 1058 (relating to pay of witnesses)
17and 1059 (relating to auditors to settle accounts where 
18witnesses do not appear) shall apply to proceedings initiated by
19independent auditors.

20(e) Compensation.--The compensation of the independent
21auditor shall be determined by council and paid by borough
22funds.

23SUBCHAPTER D

24CONTROLLER

25Sec.

261061. Oath and bond of controller.

271062. Salary of controller.

281063. General powers and duties of controller.

291064. (Reserved).

301065. Countersigned warrants.

11066. Prevention of appropriation overdrafts.

21067. Amount of contracts to be charged against appropriations.

31068. Controller's recommendations on borough finances.

41069. Books to be kept by controller.

51070. Appeals from controller's report.

61071. Acceptance by ordinance.

7§ 1061. Oath and bond of controller.

8The borough controller shall, before entering upon the duties
9of office, take the required oath or affirmation of office under
1053 Pa.C.S. § 1141 (relating to form of oaths of office). The
11controller shall give bond to the borough with a surety company
12to be approved by the council, in a sum as council may direct by
13ordinance, conditioned for the faithful discharge of the
14controller's duties. The amount of the bond shall be sufficient
15to adequately protect the borough from any illegal or unfaithful
16action by the controller. The cost of the bond shall be paid by
17the borough.

18§ 1062. Salary of controller.

19The council shall fix the annual salary of the controller.
20Any change in salary, compensation or emoluments of the elected
21office shall become effective at the beginning of the next term
22of the controller.

23§ 1063. General powers and duties of controller.

24(a) General duties and powers.--The borough controller shall
25manage the fiscal affairs of the borough. The controller shall
26examine, audit and settle all accounts in which the borough is
27concerned either as debtor or creditor if provision for the
28settlement is made by law. If no provision or an insufficient
29provision has been made, the controller shall examine the
30accounts and report to the council the relevant facts and

1opinion on the accounts.

2(b) Accounts.--In the examination, audit and settlement of
3accounts, the controller shall have all of the powers and
4perform all of the duties vested in and imposed on the auditors
5by this part. A person guilty of swearing or affirming falsely
6before the controller commits perjury. The controller shall make
7and file an annual report of the audit and make and publish the
8annual financial report in the same form and manner and at the
9same time as required in this part of the auditors of the
10borough.

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

12(1) have supervision and control of the accounts of all
13departments, bureaus and officers of the borough authorized
14to collect, receive or disburse the public money or who are
15charged with the management or custody of the accounts;

16(2) audit their respective accounts and may at any time
17require from any of them a statement in writing of any money
18or property of the borough in their possession or under their
19control, showing the amount of cash on hand and the amount
20deposited in banks and banking institutions together with the
21names of the institutions;

22(3) have power to examine every account of a borough
23officer in any bank or banking institution to verify the
24accuracy of the statement of the borough, department, bureau
25or officer, and it shall be the duty of every department,
26bureau or officer, and of every bank and banking institution,
27its officers and agents, to furnish full information to the
28controller in relation to the account. No banker or banking
29institution, its officers or agents shall be subject to
30prosecution under other laws of this Commonwealth for

1disclosing information with respect to an account;

2(4) immediately upon the discovery of any default,
3irregularity or delinquency, report the discovery to the
4council; and

5(5) audit and report upon the accounts of an officer
6upon the death, resignation, removal or expiration of the
7term of the officer.

8§ 1064. (Reserved).

9§ 1065. Countersigned warrants.

10The controller shall countersign all warrants upon the
11borough treasurer, with the form of the warrant to be prescribed
12by council, except that no warrant shall be countersigned unless
13there is money in the treasury to pay the warrant. If a warrant
14on the treasurer shall be presented to the controller to be
15countersigned, the person presenting the warrant shall, if the
16controller requires, produce evidence that:

17(1) The amount expressed in the warrant is due to the
18person in whose favor it is drawn.

19(2) The supplies or service for payment of which the
20warrant is drawn have been furnished or performed according
21to law and the terms of the contract.

22§ 1066. Prevention of appropriation overdrafts.

23The controller shall not permit any appropriation made by the
24council to be overdrawn. If an appropriation is exhausted, the
25object of which is not complete, the controller shall
26immediately report the fact to the council and accompany the
27report with a statement of the money which have been drawn on
28the appropriation and the particular purpose for which they are
29drawn.

30§ 1067. Amount of contracts to be charged against

1appropriations.

2(a) General rule.--A contract involving appropriation of
3money shall designate the item of appropriation on which it is
4founded, and the estimated amount of the expenditure which shall
5be charged against the item, and certified by the borough
6controller on the contract, before it shall take effect as a
7contract. Payment required by the contract shall be made from
8the fund appropriated.

9(b) Liability for excess.--If the controller certifies a
10contract in excess of the appropriation made, the borough shall
11not be liable for the excess, but the controller and the
12controller's sureties shall be liable for the same, which may be
13recovered in an action at law by the aggrieved contracting
14party.

15(c) Certification by controller.--The controller shall
16certify contracts for the payment of which sufficient
17appropriations have been made.

18§ 1068. Controller's recommendations on borough finances.

19The borough controller shall, as often as the controller may
20deem expedient or the council shall direct, suggest plans to the
21council for the management and improvement of the borough
22finances.

23§ 1069. Books to be kept by controller.

24The borough controller shall keep a regular set of books
25which shall be opened and keep as many accounts, under
26appropriate titles, as may be necessary to show separately and
27distinctly all the estates and property, real and personal,
28vested in the borough, all trusts in the care of the borough,
29all debts due and owing the borough, all receipts and
30expenditures of the various departments of the borough

1government and all appropriations made by council and the sums
2under the same, respectively.

3§ 1070. Appeals from controller's report.

4Appeals may be taken from the settlement and audit of the
5controller, as shown in the controller's report to the court of
6common pleas of the county, by the same persons in the same
7manner within the same time subject to the same conditions and
8procedure and with like effect in every respect as provided in
9this part in the cases of appeals from the settlement and audit
10of the auditors as shown in their report.

11§ 1071. Acceptance by ordinance.

12(a) General rule.--This subchapter shall not become
13operative or effective in any borough not having a controller
14until the borough shall, by ordinance, accept this chapter. If a
15borough accepts this subchapter, the court of common pleas, upon
16petition of council, shall appoint a controller to hold office
17until the first Monday of January following the next municipal
18election at which a controller shall be elected under this part.

19(b) Continuation of borough auditors.--In all boroughs
20accepting this subchapter, the borough auditors then in office
21or the appointed auditor serving as borough auditor shall
22continue to hold their offices until the first day of January
23following the election of a borough controller after which date
24the office of borough auditor shall be abolished.

25(c) Discontinuation.--A borough may discontinue the office
26of controller and either reestablish the office of elected
27auditors or the position of appointed auditor by repealing the
28ordinance under which the office of controller was created. The
29controller in office at the time of the repeal shall continue in
30office until the end of the controller's term.

1SUBCHAPTER E

2(RESERVED)

3SUBCHAPTER F

4TAX COLLECTOR

5Sec.

61086. Powers and duties of tax collector.

7§ 1086. Powers and duties of tax collector.

8(a) General rule.--Except as otherwise provided in
9subsection (b), the tax collector shall be the collector of all
10State, county, borough, school, institution district and other
11taxes levied within the borough by the authorities empowered to
12levy taxes.

13(b) Exception.--

14(1) No tax collector may collect any tax levied and
15imposed under the act of December 31, 1965 (P.L.1257,
16No.511), known as The Local Tax Enabling Act, unless the
17ordinance imposing the tax provides that the tax collector
18shall be the collector of the tax.

19(2) No ordinance, however, may authorize the collection
20of income taxes in a manner other than that provided in
21Chapter 5 of The Local Tax Enabling Act.

22(c) Other laws.--The tax collector shall, in addition to the
23powers, authority, duties and responsibilities provided for by
24this part, have all the powers, perform all the duties and be
25subject to all the obligations and responsibilities for the
26collection of taxes as are now vested in, conferred upon or
27imposed upon tax collectors by law.

28CHAPTER 10A

29MAYOR

30Sec.

110A01. Eligibility of mayor.

210A02. Incompatible offices.

310A03. Oath of mayor.

410A04. Salary of mayor.

510A05. Salaried mayor not to receive certain fees.

610A06. General powers of mayor.

710A07. Duties of mayor.

810A08. President or vice president of council to act as mayor.

9§ 10A01. Eligibility of mayor.

10No mayor may hold any other borough office or appointment
11during the term for which the mayor is elected, except as is
12permitted under section 1104 (relating to appointments and
13incompatible offices). The mayor shall be eligible to succeed
14himself. The mayor shall not be a member of council, nor shall
15the mayor preside over or vote at any meeting of council, except
16as provided in section 1003 (relating to when the mayor may
17preside over council and vote, attendance of mayor at council
18meetings and breaking tie votes).

19§ 10A02. Incompatible offices.

20No member of Congress or any person holding any office or
21appointment of profit or trust under the Federal Government or
22any person holding the office of magisterial district judge may
23at the same time be capable of holding the office of mayor.

24§ 10A03. Oath of mayor.

25The mayor, before exercising the duties of office, shall take
26and subscribe an oath or affirmation of office under 53 Pa.C.S.
27§ 1141 (relating to form of oaths of office). The oath or
28affirmation may be taken before a judge or magisterial district
29judge of the county or a notary public and shall be filed with
30the borough secretary and be preserved among the records of the

1borough for a period of six years.

2§ 10A04. Salary of mayor.

3(a) General rule.--The salary of the mayor shall be
4established by ordinance and shall not exceed the following:

5(1) In a borough with a population of less than 5,000, a
6maximum of $2,500 per year.

7(2) In a borough with a population of 5,000 or more but
8less than 10,000, a maximum of $5,000 per year.

9(3) In a borough with a population of 10,000 or more but
10less than 15,000, a maximum of $7,500 per year.

11(4) In a borough with a population in excess of 15,000,
12a maximum of $500 per year per 1,000 residents or fraction of
131,000, the population to be determined by the latest official
14census figures.

15(a.1) Treatment of benefits.--Benefits provided to the mayor
16under section 1202(26) (relating to specific powers) shall not
17be considered pay, salary or compensation, but payment for all
18or a part of the premiums or charges for the benefits shall be
19in accordance with section 1202(26).

20(b) Change in salary.--A change in salary, compensation or
21emoluments of the elected office shall become effective at the
22beginning of the next term of the mayor.

23§ 10A05. Salaried mayor not to receive certain fees.

24(a) General rule.--Except as provided in subsection (b), any
25salary paid under an ordinance shall be in lieu of all costs and
26fees allowed by a mayor. Costs and fees shall be collected by
27the mayor and deposited into the borough treasury.

28(b) Marriage ceremony fees.--

29(1) Nothing in this part shall be construed to prevent a
30mayor from receiving a monetary fee for the performance of a

1marriage ceremony in this Commonwealth, if the fee does not
2exceed $150 for each ceremony performed.

3(2) Prior to performing these ceremonies, the mayor
4shall notify council in writing of the mayor's intention to
5perform marriage ceremonies.

6(3) The notification to council shall remain in effect
7for the term of the mayor or until the notification is
8rescinded by the mayor.

9(4) The mayor shall maintain accurate accounts of the
10fees received relating to the performance of marriage
11ceremonies and provide council each quarter with a report of
12money received for that period. The quarterly report shall
13include the amount of money received and the names of persons
14from whom money was received, along with the date and the
15location of the performed ceremony, and the quarterly report
16shall be considered a public record.

17(5) The receipt of a fee under this subsection shall not
18be considered a violation of 65 Pa.C.S. Ch. 11 (relating to
19ethics standards and financial disclosure) and shall not be
20considered compensation under this part.

21§ 10A06. General powers of mayor.

22(a) Oaths and affirmations.--The mayor may administer oaths
23and affirmations in matters pertaining to borough affairs.

24(b) Emergencies.--

25(1) In addition to the power granted to mayors by 35
26Pa.C.S. Pt. V (relating to emergency management services) and
27in order to enable the mayor to effectually preserve the
28public peace within the borough, the mayor shall have the
29power to prevent and suppress mobs, riots and unlawful and
30tumultuous assemblies.

1(2) In the event that a state of emergency exists, a
2mayor shall have the authority to request aid and assistance
3from law enforcement officers and agencies from a neighboring
4municipality.

5(3) In response to a request of a mayor made in
6accordance with this subsection, a municipal police officer
7shall, within the borough from which the request was made,
8have the power and authority to enforce the laws of this
9Commonwealth or otherwise perform the functions of that
10office as if enforcing those laws or performing those
11functions within the territorial limits of the officer's
12primary jurisdiction, subject to the limitations and
13conditions set forth in 42 Pa.C.S. § 8953(b), (c), (d) and
14(e) (relating to Statewide municipal police jurisdiction).

15(4) If the mayor considers that a state of emergency
16exists, the mayor may issue a proclamation, which shall be in
17writing and posted in one or more conspicuous places and the
18contents of which shall be made available to all news media,
19declaring a state of emergency for a period not to exceed
20seven days unless sooner rescinded, modified or ratified or
21extended by resolution of council.

22(5) The mayor may prohibit in the proclamation for all
23or part of the borough:

24(i) Any person being on the public streets or in the
25public parks or at any other public place during the
26hours declared by the mayor to be a period of curfew.

27(ii) The entry or departure of persons into or from
28any restricted area.

29(iii) The sale, purchase or dispensing of any
30commodities or goods as designated by the mayor.

1(iv) The transportation, possession or use of
2gasoline, kerosene or other combustible, flammable or
3explosive liquids or materials except in connection with
4the normal operation of motor vehicles, normal home use
5or legitimate commercial use.

6(v) Any other activities as the mayor reasonably
7believes should be prohibited to help preserve life,
8health, property or the public peace.

9(6) The proclamation shall describe the specific
10restricted area with particularity and shall specify the
11hours when restrictions are to be in effect.

12(7) A person violating the proclamation of emergency
13commits a summary offense and shall, upon conviction, be
14sentenced to pay a fine not to exceed $300 and costs or to a
15term of imprisonment not to exceed 30 days.

16§ 10A07. Duties of mayor.

17The mayor shall have the following duties:

18(1) To preserve order in the borough, to enforce the
19ordinances and regulations, to remove nuisances, to exact a
20faithful performance of the duties of the officers appointed
21and to perform any other duties as shall be vested in the
22mayor's office by law or ordinance.

23(2) Except as provided in section 1006(4) (relating to
24duties of council), to sign papers, contracts, obligations
25and documents as may be required by law.

26(3) To collect any costs and fees received and to pay
27the money into the treasury, except as provided in section
2810A05(b) (relating to salaried mayor not to receive certain
29fees), to report to the council from time to time on the
30state of the borough and to make recommendations to the

1council on matters of borough concern. The borough shall
2furnish the mayor with the necessary dockets, books, forms
3and files as are necessary for the conduct of the mayor's
4office and which shall be and remain the property of the
5borough and be surrendered to the mayor's successor in
6office.

7§ 10A08. President or vice president of council to act as
8mayor.

9(a) General rule.--If the mayor is absent or incapacitated
10or there is a vacancy in the office, the duties of the office
11shall be discharged by the president of council or, in the
12absence or incapacity of the president of council or if there is
13a vacancy in the office, by the vice president of council.

14(b) Salary.--While discharging the duties of mayor, the
15president or vice president of council shall be entitled to the
16same salary as the mayor would receive and, during the time the
17salary is paid to the president or vice president of council as
18acting mayor, the mayor shall not be paid compensation.

19(c) Veto and voting power.--The president or vice president
20of council while acting as mayor shall have power to veto a
21proposed ordinance or to break a tie but shall not have power to
22vote as a member of council.

23CHAPTER 11

24POWERS, DUTIES AND RIGHTS OF

25APPOINTED OFFICERS AND EMPLOYEES

26Subchapter

27A. General Provisions

28B. Treasurer

29C. Secretary

30D. Solicitor

1E. Police

2F. Police Pension Fund in Boroughs Having Police Force of
3Less Than Three Members

4G. Manager

5H. Planning Commission (Reserved)

6I. Mine and Quarry Inspection and Surface Support (Reserved)

7J. Civil Service for Police and Fire Apparatus Operators

8K. Independent Auditor (Reserved)

9SUBCHAPTER A

10GENERAL PROVISIONS

11Sec.

121101. Compensation, hours and days of work and outside
13employment.

141102. Accounts.

151103. Bonds.

161104. Appointments and incompatible offices.

171105. Compensation of certain employees.

181105.1. Retirement benefits of employees transferred to
19authorities.

20§ 1101. Compensation, hours and days of work and outside
21employment.

22Appointed officers and employees of the borough shall receive
23compensation for their services as the council shall prescribe.
24Council may also establish the hours and days of work and may
25restrict the outside employment of borough employees or any
26class or category of employment.

27§ 1102. Accounts.

28All officers and employees appointed by a council shall, if
29directed, render their accounts to the council for settlement.

30§ 1103. Bonds.

1If an appointed officer or employee of a borough is required
2by law or action of council to give bond for the faithful
3performance of the officer's or employee's duties, the borough
4may pay the premium on the bond. All bonds required to be given
5by borough officials or employees shall be with a surety company
6authorized by law to act as surety. The borough shall pay a
7proportionate share of the cost of the bond of an appointed tax
8collector in the same ratio as provided in section 804 (relating
9to term and bonds) for elected tax collectors.

10§ 1104. Appointments and incompatible offices.

11(a) General rule.--Unless there is incompatibility in fact,
12an elective or appointive officer of the borough shall be
13eligible to serve on any board, commission, bureau or other
14agency created by or for the borough or any borough office
15created or authorized by statute and may accept appointments
16under the statute.

17(b) Prohibition.--

18(1) Except as set forth in paragraph (2), no elected
19borough official of a borough with a population of 3,000 or
20more may serve as an employee of that borough.

21(2) Paragraph (1) shall not apply to a borough official
22serving as an employee of that borough prior to the
23certification of the 2010 official census or a subsequent
24latest official census which indicates an increase in the
25population of that borough to 3,000 or more.

26(c) Multiple offices.--If there is no incompatibility in
27fact and subject to subsection (a) as to compensation,
28appointees of council may hold two or more appointive borough
29offices, but no mayor or member of council may serve as borough
30manager, secretary or treasurer.

1(d) Magisterial district judges.--No person holding the
2office of magisterial district judge may at the same time hold
3any elected or appointed borough office.

4(e) Secretary and treasurer.--The offices of secretary and
5treasurer may be held by the same person if authorized by
6ordinance.

7(f) Police officers and firefighters.--

8(1) No police officer or firefighter may hold an
9elective office of the borough that employs the police
10officer or firefighter.

11(2) No police officer or firefighter who is employed by
12a regional department, council of government or other
13cooperative venture may hold an elective office of any
14municipality that participates in the regional department,
15council of government or other cooperative venture.

16(3) No police officer or firefighter may hold an
17elective office of the borough in which the police officer or
18firefighter resides if the department employing the police
19officer or firefighter is providing police or fire protection
20service to that borough by contract.

21(g) Majority vote required.--All appointments to be made by
22the council shall be made by a majority of the members of
23council unless a different vote is required by statute.

24(h) Construction.--Nothing contained in this section shall
25be construed to affect the eligibility of a borough official to
26hold any other public office or receive compensation.

27§ 1105. Compensation of certain employees.

28(a) General rule.--A borough may provide, by ordinance, to
29appointees and employees of not less than ten years of
30satisfactory service and who are not less than 60 years of age

1upon termination of active employment with the borough, a
2proportion of the compensation last paid to them but not in
3excess of 50% of the compensation, including benefits received
4under the Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et
5seq.), if any, as fixed in the ordinance or amendment of the
6ordinance.

7(b) Postretirement compensation.--Any arrangement to provide 
8postretirement compensation to retired appointees and employees 
9under this section shall be a pension plan within the meaning of 
10that term under the act of December 18, 1984 (P.L.1005, No.205), 
11known as the Municipal Pension Plan Funding Standard and 
12Recovery Act, and the borough establishing such plan shall 
13provide funding of the pension plan in an amount sufficient to 
14meet the minimum obligation of the municipality with respect to 
15the pension plan under that act.

16(c) Funding.--The expenditures authorized in this section
17shall be paid out of the general tax levy for the current
18expenditures of the year and not by any special tax.

19(d) Construction.--Nothing in this section shall be 
20construed to preclude an appointee or employee of the borough 
21from joining in any pension system or municipal retirement 
22system that the borough may adopt.

23§ 1105.1. Retirement benefits of employees transferred to
24authorities.

25(a) Required membership.--The following employees of 
26municipal authorities shall be members of the borough retirement 
27system upon a written election as provided in this section:

28(1) An employee of a wastewater authority created by a 
29borough and one or more townships under 53 Pa.C.S. Ch. 56 
30(relating to municipal authorities) that commenced operations
 

1after December 1, 2001, who satisfies the requirements of 
2subsection (b), has past service credits under the borough 
3retirement plan and has filed a written election to be a 
4member of the borough retirement system with council and the 
5wastewater authority prior to September 14, 2005.

6(2) An employee of a municipal authority created by a
7borough under 53 Pa.C.S. Ch. 56 that commenced operations
8after October 4, 2010, who satisfies the requirements of
9subsection (b), has past service credits under the borough
10retirement plan and files a written election with the council
11and the authority to be a member of the borough retirement
12system within one year of July 16, 2012.

13(b) Eligibility criteria.--

14(1) In order to qualify for the option under subsection
15(a), the employee must satisfy both of the following
16requirements:

17(i) Immediately prior to the date of transfer of
18employment to the authority, be an employee of the
19borough that, either alone or together with one or more
20municipalities, established the authority.

21(ii) Be an active member of the borough's retirement
22system on the date that the employee's employment was
23transferred to the authority.

24(2) For an employee who files an election under
25subsection (a), the affected authority shall:

26(i) Deduct from the employee's salary an amount
27equal to the employee contribution that would have been
28deducted had the employee continued to be a borough
29employee and shall pay the deducted amount to the
30borough's retirement fund.

1(ii) Pay to the borough's retirement fund an 
2employer contribution equal to the employer normal cost 
3plus anticipated administrative expenses and amortization 
4payments less general municipal pension system State aid 
5expressed as a percentage of the system's total payroll 
6as calculated by the borough under the act of December 
718, 1984 (P.L.1005, No.205), known as the Municipal 
8Pension Plan Funding Standard and Recovery Act, and 
9applied to the payroll of the employee.

10(c) State aid calculation.--All employees who elect to be
11members of the borough retirement system under this section
12shall be treated as borough employees in determining the
13borough's annual allocation of general municipal pension system
14State aid under section 402(e) of the Municipal Pension Plan
15Funding Standard and Recovery Act, and the annual allocation of
16general municipal pension system State aid under section 402(e)
17of the Municipal Pension Plan Funding Standard and Recovery Act
18shall be payable to the borough.

19SUBCHAPTER B

20TREASURER

21Sec.

221106. Bond and duties.

231107. Assistant treasurer.

24§ 1106. Bond and duties.

25(a) General rule.--The borough treasurer shall, before
26entering upon the duties of office, give bond in an amount
27determined by council, conditioned for the faithful performance
28of the treasurer's duties.

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

30(1) Receive all money due the borough and deposit the

1money promptly in a designated depository in the name of the
2borough.

3(2) Keep distinct and accurate accounts of all sums
4received from taxes and other sources, which accounts shall
5be open to the inspection of council and any citizen of this
6Commonwealth.

7(3) (i) Pay out all money only on direction by the
8council, upon an order signed by the president of council
9and the borough secretary and also by the borough
10controller, if any. The order shall not be executed
11unless there is money in the treasury available.

12(ii) Nothing in this part shall be construed to
13preclude the use of electronic signatures and
14transactions to the extent authorized by the act of
15December 16, 1999 (P.L.971, No.69), known as the
16Electronic Transactions Act, or any other law.

17(4) Annually submit the accounts to the elected
18auditors, independent auditor or controller for settlement.

19(5) Preserve the account books, papers, documents and
20other records of the office and turn them over to the
21successor in office.

22(c) Payment of all other money.--All money received by any
23officer or other person for the use of the borough shall be paid
24to the borough treasurer.

25§ 1107. Assistant treasurer.

26A council may, by resolution, appoint an assistant treasurer
27who may not be a member of the council. Council may appoint the
28assistant treasurer as the assistant secretary if the assistant
29treasurer is not a member of council. The assistant treasurer
30shall assist the treasurer in the performance of the treasurer's

1duties and, in case of absence or disability of the treasurer,
2shall perform the duties and may exercise the powers of the
3treasurer.

4SUBCHAPTER C

5SECRETARY

6Sec.

71111. Duties.

81112. Assistant secretary.

91113. Records open to inspection.

10§ 1111. Duties.

11(a) Attendance at meetings and maintenance of minutes.--The
12secretary shall attend all meetings of the council and shall
13maintain full minutes of its proceedings.

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

15(1) Record or transcribe the bylaws, rules, regulations,
16resolutions and ordinances of the borough in accordance with
17section 1009 (relating to typewritten, printed, photocopied,
18microfilmed and electronically or digitally stored records
19valid and recording or transcribing records).

20(2) Preserve the records and documents of the borough,
21have custody of the corporate seal and deliver to the
22secretary's successor the seal and all books, papers and
23other records and things belonging to the borough.

24(3) Certify copies of any book, paper, record, bylaw,
25rule, regulation, resolution, ordinance or proceeding of the
26borough under the seal of the borough. The copies, if
27certified, shall be admissible in evidence in any court of
28this Commonwealth.

29(4) Attest the execution of all instruments, record all
30ordinances and attest the same by the secretary's signature

1and file of record proof of service of all notices required
2by law. The secretary's certificate shall be good evidence of
3notice.

4(5) Inform council and the public as required by 65
5Pa.C.S. Ch. 7 (relating to open meetings) of all borough
6meetings, including special meetings of council.

7(c) Necessary documents.--The borough shall furnish the
8secretary with the necessary dockets, books, forms and files as
9are necessary for the conduct of the office, which documents
10shall be and remain the property of the borough.

11§ 1112. Assistant secretary.

12A council may, by resolution, appoint an assistant secretary.
13The assistant secretary shall assist the secretary in the
14performance of the secretary's duties and, in case of absence or
15disability of the secretary, perform the duties and may exercise
16the powers of the secretary. The assistant secretary may be
17appointed from the membership of the council but shall not be
18any other officer of the council. Council may appoint the
19assistant secretary as the assistant treasurer if the assistant
20secretary is not a member of council.

21§ 1113. Records open to inspection.

22The fiscal records and documents and the minute book and
23other records and documents of every borough shall be open in
24accordance with the act of February 14, 2008 (P.L.6, No.3),
25known as the Right-to-Know Law.

26SUBCHAPTER D

27SOLICITOR

28Sec.

291116. Solicitor to have control of legal matters.

301117. Duties of solicitor and outside counsel.

11118. Assistant solicitor.

2§ 1116. Solicitor to have control of legal matters.

3The legal matters of the borough shall be under the control
4of the borough solicitor. No department or officer of the
5borough, except as otherwise provided by law, shall employ an
6additional counsel without the assent or ratification of the
7council. The borough solicitor must be licensed to practice law
8in this Commonwealth and may be one person or a law firm,
9partnership, association or professional corporation. The
10borough solicitor serves at the pleasure of council. In the
11absence of the solicitor, the law firm of which the solicitor is
12a member or associate may perform any of the duties or functions
13of the solicitor.

14§ 1117. Duties of solicitor and outside counsel.

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

16(1) Prepare or approve, if directed or requested to do
17so by council or the mayor, any bonds, obligations,
18contracts, leases, conveyances, ordinances and assurances to
19which the borough or any department of the borough may be a
20party.

21(2) Commence and prosecute all actions brought by the
22borough for or on account of any of the estates, rights,
23trusts, privileges, claims or demands of the borough, as well
24as defend the borough or any borough officer against all
25actions or suits brought against the borough or borough
26officer in which any of the estates, rights, privileges,
27trusts, ordinances or accounts of the borough may be brought
28in question before any court in this Commonwealth.

29(3) Furnish the council or committees of the council,
30the mayor or the head of a department, upon request, with an

1opinion in writing upon any question of law which may be
2submitted by any of them in their official capacities.

3(4) Perform every other professional act incident to the
4office which the borough solicitor may be authorized or
5required to do by the council or the mayor.

6(b) Outside counsel.--In the case of a legal dispute between
7the mayor and council or in any other case in which
8representation of the mayor and council by the borough solicitor
9would create a conflict of interest for the borough solicitor,
10the mayor may employ outside counsel at borough expense, not to
11exceed $4,000 in any 12-month period, to perform necessary legal
12services.

13§ 1118. Assistant solicitor.

14A council may, by resolution, appoint an assistant solicitor
15to assist the solicitor in the performance of the solicitor's
16duties and, in the absence or disability of the solicitor, to
17perform the duties and exercise the powers of the solicitor.

18SUBCHAPTER E

19POLICE

20Sec.

211121. Council's powers concerning police.

221122. Police serving under cooperative agreement or contract.

231123. Police badge.

241123.1. Mayor's powers concerning police.

251124. Suspension by mayor.

261125. Compensation.

271126. (Reserved).

281127. School crossing guards.

29§ 1121. Council's powers concerning police.

30(a) Establishment of police department.--Council may, by

1ordinance, establish a police department. If council establishes
2a police department, the following shall apply:

3(1) Council may appoint police officers, subject to
4Subchapter J (relating to civil service for police and fire
5apparatus operators).

6(2) Council may remove, suspend or reduce in rank any
7police officer:

8(i) in accordance with the act of June 15, 1951
9(P.L.586, No.144), entitled "An act regulating the
10suspension, removal, furloughing and reinstatement of
11police officers in boroughs and townships of the first
12class having police forces of less than three members,
13and in townships of the second class"; or

14(ii) subject to Subchapter J.

15(3) Council shall designate the ranks in the police
16department and the duties of each rank and may designate one
17of the police officers as chief of police.

18(4) Council may assign any member of the police
19department to attend training classes offered by the Federal
20or State Government and may pay the police officer's expenses
21while attending the school.

22(5) Council shall determine the total weekly hours of
23employment that shall apply to the police officers.

24(b) Powers of borough police officers.--A borough police
25officer shall have those powers and abilities as are granted to
26police officers under the laws of this Commonwealth, the rules
27of the Supreme Court or the ordinances of the borough for which
28a fine or penalty is imposed unless otherwise excepted in this 
29part.

30(c) Ratification.--In any case in which a borough has

1previously appointed police officers or established a police
2department by action of council but not under an ordinance
3regularly enacted, the action shall be deemed to have been a
4valid exercise of the legislative power of the borough, and all
5police officers appointed shall occupy the same status and shall
6have the same rights and privileges as in the case of police
7officers appointed under authority of an ordinance.

8(d) Political participation.--No police officer may
9participate in any political or election campaign while on duty
10or in uniform or while using borough property otherwise than to
11exercise the officer's right of suffrage.

12§ 1122. Police serving under cooperative agreement or contract.

13(a) General rule.--If a borough enters into a cooperative
14agreement or contract with any municipal corporation, regional
15police force or other governmental entity created by two or more
16municipal corporations under 53 Pa.C.S. Ch. 23 Subch. A
17(relating to intergovernmental cooperation) for the furnishing
18or receiving of police protection as authorized by section
191202(35) (relating to specific powers), the police force of the
20municipal corporation, regional police force or other
21governmental entity furnishing the police protection shall be
22appointed and accepted as the police force of the borough
23receiving the police service by resolution of the council.

24(b) Employment status.--Police officers of the police force
25of a municipal corporation, regional police force or other
26government entity so appointed shall, insofar as civil service
27and pensions are concerned, be deemed to be appointees and
28employees only of the municipal corporation, regional police
29force or other government entity furnishing their service and
30making the original appointment.

1§ 1123. Police badge.

2Borough police officers shall wear a shield or badge with the
3word "Police" when on duty.

4§ 1123.1. Mayor's powers concerning police.

5(a) General rule.--The mayor shall have full charge and
6control of the chief of police and the police force.

7(b) Direction.--The mayor shall direct the time during
8which, the place where and the manner in which the chief of
9police and the police force perform the duties of their rank.

10(c) Delegation of duties.--The mayor may delegate to the
11chief of police or other officer supervision over and
12instruction to subordinate officers in the manner of performing
13their duties.

14(d) Appointment of special police.--The mayor may appoint
15special police during an emergency in which the safety and
16welfare of the borough and the public is endangered.

17(e) Auxiliary police.--The mayor may activate auxiliary
18police in accordance with general law and, notwithstanding any
19other provision of law, may activate auxiliary police for
20purposes of crowd and traffic control for limited periods during
21events if, in the mayor's discretion, public safety is promoted
22by the activation of the auxiliary police.

23§ 1124. Suspension by mayor.

24(a) General rule.--In addition to the powers of council to
25suspend police officers, the mayor may, for cause and without
26pay, suspend any police officers until the succeeding regular
27meeting of the council at which time or later the council may,
28subject to Subchapter J (relating to civil service for police 
29and fire apparatus operators), if they are in effect at the
30time, suspend, discharge, reduce in rank or reinstate with pay

1the police officers.

2(b) Reinstatement.--

3(1) A police officer suspended by the mayor may not be
4reinstated by council at a date earlier than ten working days
5from the date fixed by the mayor for the suspension to
6commence.

7(2) In any case in which the council has reinstated a
8police officer after having been suspended by the mayor, the
9mayor shall not suspend the police officer for reasons:

10(i) arising from the same act for which the first
11suspension was made; or

12(ii) that the council, in reinstating the police
13officer, determined not to be grounds for suspension.

14§ 1125. Compensation.

15Borough police and special police appointed by the mayor
16shall receive compensation as fixed by the council.

17§ 1126. (Reserved).

18§ 1127. School crossing guards.

19(a) Appointment.--

20(1) Upon request by the board of school directors of the
21school district in which a borough is wholly or partially
22located, the council may appoint school crossing guards who
23shall have the duty of controlling and directing traffic and
24pedestrians at or near schools and who shall be in suitable
25and distinctive uniform.

26(2) While on duty, school crossing guards shall be under
27and subject to the direction of the mayor, shall serve at the
28pleasure of the council, except as noted in subsection (b),
29shall not be subject to Subchapter J (relating to civil
30service for police and fire apparatus operators) and shall

1not be entitled to participate in any borough pension plan or
2plans.

3(3) (i) The compensation of the school crossing guards,
4if any, shall be fixed by the council and shall be
5jointly paid by the council and the board of school
6directors, in a ratio to be determined by the council and
7board of school directors.

8(ii) If the council and board of school directors
9are unable to determine the ratio of compensation of the
10school crossing guards to be paid by the council and the
11board, each shall pay one-half of the compensation of the
12crossing guards.

13(4) Notwithstanding any other provision of law,
14auxiliary police officers, appointed as prescribed by general
15law, may be designated to serve as crossing guards.

16(b) Ordinance.--

17(1) The council may enact an ordinance allowing a board 
18of school directors to assume hiring and oversight of school 
19crossing guards. Before the council may enact the ordinance, 
20the board of directors of the school district must adopt a 
21resolution requesting the authority to assume the hiring and 
22oversight of school crossing guards.

23(2) The ordinance enacted by the council shall outline 
24how the police department will provide any necessary training 
25and assistance of the school crossing guards while on duty.

26(3) School crossing guards shall be authorized in the
27management of traffic and pedestrians in and around areas
28identified by the police department and the school district
29superintendent or the superintendent's designees.

30(4) School crossing guards shall not:

1(i) Be subject to the civil service provisions of 
2this part.

3(ii) Be considered part of the bargaining unit of 
4the school district.

5(iii) Be considered:

6(A) An employee as defined under section 1101-A 
7of the act of March 10, 1949 (P.L.30, No.14), known 
8as the Public School Code of 1949.

9(B) A school employee as defined under 24 
10Pa.C.S. § 8102 (relating to definitions).

11(C) An employee under any plan.

12(5) After the ordinance is enacted by the council, the 
13school district shall assume the cost of compensation, 
14including fixing compensation, if any, of the school crossing 
15guards.

16(6) Notwithstanding any other provision of law,
17auxiliary police officers, appointed as prescribed by general
18law, may be hired by the school district to serve as school
19crossing guards.

20(7) The board of school directors shall notify the
21council of the individuals hired to serve as school crossing
22guards and request the necessary training or assistance be
23provided as outlined by the ordinance.

24SUBCHAPTER F

25POLICE PENSION FUND IN

26BOROUGHS HAVING POLICE FORCE

27OF LESS THAN THREE MEMBERS

28Sec.

291131. Police pension fund.

301132. Private police pension funds and optional transfers.

1§ 1131. Police pension fund.

2(a) Authorization to establish.--If a police force of less
3than three full-time members is being maintained, the borough
4may, unless there is a private organization or association
5constituting and managing an existing pension fund for the
6members of the police force in the borough, by ordinance,
7establish a police pension fund into which each member of the
8police force shall pay an equal and proportionate monthly charge
9to be withheld from the pay of the member.

10(b) Investment and insurance instruments as alternative.--In
11lieu of establishing a pension fund in accordance with
12subsection (a), the borough may, by ordinance, provide
13investment or insurance instruments for the purpose of the
14payment of pensions or annuities to the members of the police
15force who receive honorable discharge by reason of age or
16disability and to the families of police officers injured or
17killed in service.

18(c) Administration.--

19(1) All pension funds or investment or insurance
20instruments established under this section shall be under the
21direction of the council, or a committee as it may designate,
22and shall be applied under regulations as the council may, by
23ordinance, prescribe for the benefit of the members of the
24police force who receive honorable discharge by reason of age
25or disability and the families of police officers injured or
26killed in service.

27(2) Council shall appoint by resolution a chief
28administrative officer who shall have the primary
29responsibility for the execution of the administrative
30affairs of the pension plan, subject to the direction of

1council.

2(3) Any allowances made to individuals who retire by
3reason of disability or age shall be in conformity with a
4uniform scale.

5(d) Eligibility.--The ordinance establishing the police
6pension fund shall prescribe a minimum period of total service,
7a minimum age or both after which members of the force may be
8eligible for retirement from active duty.

9(e) Obligation of payments.--Payments made on account of
10police pensions shall not be a charge on any fund in the
11treasury of the borough or under its control except the police
12pension fund.

13(f) Funding.--A borough establishing a police pension fund
14by ordinance under this section shall provide from any available
15borough revenue source funding of the police pension fund in an
16amount sufficient to meet the minimum obligation of the borough
17with respect to the police pension fund under the act of
18December 18, 1984 (P.L.1005, No.205), known as the Municipal
19Pension Plan Funding Standard and Recovery Act.

20(g) Management.--

21(1) A borough may take, by gift, grant, devise or
22bequest, any money or property, real, personal or mixed, in
23trust for the benefit of the police pension fund.

24(2) The care, management, investment and disposal of the
25trust funds or property shall be vested in the officers as
26the borough shall direct by ordinance and shall be governed
27by the officers, subject to any directions not inconsistent
28with the ordinance as the donors of the funds and property
29may prescribe.

30(h) Right to equal and proportionate share.--No person

1participating in the police pension fund and becoming entitled
2to receive a benefit from the fund may be deprived of the
3person's right to an equal and proportionate share of the fund
4upon the basis upon which the person first became entitled to
5the benefit.

6(i) Applicable law.--The act of May 29, 1956 (1955 P.L.1804,
7No.600), referred to as the Municipal Police Pension Law, or the
8act of February 1, 1974 (P.L.34, No.15), known as the
9Pennsylvania Municipal Retirement Law, shall govern any borough
10police pension fund not established under the provisions of this
11section.

12§ 1132. Private police pension funds and optional transfers.

13(a) General rule.--If there is a private organization or
14association constituting and managing an existing pension fund
15for the members of the police force in any borough, the borough
16shall establish a police pension for the purpose of paying
17pensions to the members of its police force if the membership of
18the organization or association by a two-thirds vote elects to
19transfer its funds with all its assets and liabilities into a
20borough pension fund as required to be established by this part.

21(b) Assumption of liability--The transfer in subsection (a)
22may be made by the transfer of securities. After the transfer,
23the borough police pension fund shall assume the liability of
24continuing the payment of pensions to members of the police
25force retired prior to the transfer, in accordance with the laws
26and regulations under which the members were retired.

27SUBCHAPTER G

28MANAGER

29Sec.

301141. Borough manager created by ordinance and election.

11142. Powers and duties.

21143. Other offices not incompatible.

3§ 1141. Borough manager created by ordinance and election.

4(a) General rule.--The council of a borough may, at its
5discretion at any time, create by ordinance the office of
6borough manager and may in like manner abolish the office. While
7the office exists, the council shall, from time to time, and if
8there is a vacancy, elect, by a vote of a majority of all the
9members, one person to fill the office.

10(b) Subject to employment agreement.--The borough manager
11shall serve at the pleasure of council, subject to contractual
12rights that may arise under an employment agreement that may be
13entered in accordance with section 1142 (relating to powers and
14duties).

15§ 1142. Powers and duties.

16(a) General rule.--The powers and duties of the borough
17manager shall be regulated by ordinance.

18(b) Employment agreement.--

19(1) Council may enter into an employment agreement with
20the borough manager that specifies the terms and conditions
21of employment.

22(2) The employment agreement may remain in effect for a
23specified period terminating no later than two years after
24the effective date of the agreement or the date of the
25organizational meeting of council following the next
26municipal election, whichever shall occurs first.

27(3) An employment agreement entered into under this
28section may specify conditions under which a borough manager
29will be entitled to severance compensation, but in no event
30may the employment agreement guarantee employment through the

1term of the agreement or confer upon the borough manager any
2legal remedy based on specific performance.

3(4) An employment agreement with a borough manager
4executed on or after a municipal election but before the
5first meeting in January the year after the municipal
6election shall be void.

7(5) The council may delegate to the borough manager by
8ordinance and subject to recall, any of the nonlegislative
9and nonjudicial powers and duties of the council, the
10planning commission and the shade tree commission. With
11approval of council, the mayor may delegate to the borough
12manager any of the mayor's nonlegislative and nonjudicial
13powers and duties.

14§ 1143. Other offices not incompatible.

15The offices of borough manager, street commissioner,
16secretary, treasurer and chief of police shall not be
17incompatible, and any two or more or all of offices may be held
18by one person. Neither the mayor nor any member of the council
19shall be eligible to hold the office of borough manager.

20SUBCHAPTER H

21PLANNING COMMISSION

22(Reserved)

23SUBCHAPTER I

24MINE AND QUARRY INSPECTION

25AND SURFACE SUPPORT

26(Reserved)

27SUBCHAPTER J

28CIVIL SERVICE FOR POLICE AND

29FIRE APPARATUS OPERATORS

30Sec.

11170. Definitions.

21171. Appointments of police and fire apparatus operators.

31172. Civil service commission.

41173. Offices incompatible with civil service commissioner.

51174. Organization of commission.

61175. Clerks, supplies and solicitor.

71176. Rules and regulations.

81177. Minutes and records.

91178. Investigations.

101179. Subpoenas.

111180. Annual report.

121181. General provisions relating to examinations.

131182. Application for examination.

141183. Rejection of applicant and hearing.

151184. Eligibility list and manner of filling appointments.

161185. Age and residency of applicants.

171186. Probationary period.

181187. Provisional appointments.

191188. Promotions.

201189. Physical and psychological medical examination.

211190. Removals.

221191. Hearings on dismissals and reductions.

231192. Employees exempted.

241193. Discrimination on account of political or religious
25affiliations.

261194. Penalty.

27§ 1170. Definitions.

28The following words and phrases when used in in this
29subchapter shall have the meanings given to them in this section
30unless the context clearly indicates otherwise:

1"Fire apparatus operator." A person who operates fire
2apparatus and devotes his normal working hours to operating any
3piece of fire apparatus or other services connected with fire
4protection work and who is paid a stated salary or compensation
5for the work by the borough.

6"Police force." A police force organized and operating as
7prescribed by law, the members of which devote their normal
8working hours to police duty or duty in connection with the
9bureau, agencies and services connected with police protection
10work and who are paid a stated salary or compensation for the
11work by the borough. As used in this subchapter, the term shall
12not include any of the following:

13(1) Special police appointed by the mayor to act in
14emergencies.

15(2) A person appointed solely for parking meter
16enforcement duties.

17(3) Special school police.

18(4) Extra police serving from time to time or on an
19hourly or daily basis.

20(5) An auxiliary policeman appointed under the act of
21January 14, 1952 (1951 P.L.2016, No.561), entitled "An act
22providing for supplementing the police forces of cities,
23boroughs, towns and townships, for the appointment, powers
24and control of auxiliary police therein, and for the transfer
25during disasters and emergencies of such auxiliary police,
26members of the regular police forces, and police equipment
27thereof."

28§ 1171. Appointments of police and fire apparatus operators.

29(a) Nonapplicability of subchapter.--This subchapter shall
30not apply to:

1(1) a borough that has a police force of less than three
2members;

3(2) a borough that has a police force of three or more
4members if those members in excess of two are appointed on a
5temporary basis through a federally funded program;

6(3) a volunteer fire department or company that employs
7its own operators; or

8(4) a borough that has less than three salaried fire
9apparatus operators.

10(b) Compensation.--This subchapter is subject to the power
11of council to determine compensation.

12(c) Appointments and promotions.--An appointment to and
13promotion in the police force or as fire apparatus operator paid
14directly by a borough and in the borough shall be made only
15according to qualifications and fitness, to be ascertained by
16examinations which shall be competitive as provided in this
17part.

18(d) Suspension, removal and reduction in rank.--No person
19shall be suspended, removed or reduced in rank as a paid
20employee in any police force or as a paid fire apparatus
21operator of a borough, except in accordance with this
22subchapter.

23(e) Retirement.--Nothing in this subchapter shall apply to
24retirement, nor shall anything in this subchapter be construed
25to prevent a borough from adopting a compulsory retirement age
26for its employees or for any class of employees and from
27retiring all employees automatically when they reach that age.

28§ 1172. Civil service commission.

29(a) Establishment.--A civil service commission is
30established in each borough where a police force or paid fire

1apparatus operators are maintained.

2(b) Membership and terms.--The commission shall consist of
3three commissioners who shall be qualified electors of the
4borough and appointed by the council initially to serve for the
5terms of two, four and six years. As terms expire, the
6commissioners shall be appointed for terms of six years.

7(c) Vacancies.--A vacancy occurring in the commission for
8any reason shall be filled by the council for the unexpired term
9within the period of 30 days after the vacancy occurs.

10(d) Alternate members.--

11(1) Council may appoint no more than three qualified
12electors of the borough to serve as alternate members of the
13commission. The term of office of the alternate members shall
14be six years.

15(2) If seated under section 1174 (relating to 
16organization of commission), an alternate shall be entitled
17to participate in all proceedings and discussions of the
18commission to the same and full extent as provided by law for
19commission members, including specifically the right to cast
20a vote as a voting member during the proceedings, and shall
21have all the powers and duties specified in this part and as
22otherwise provided by law.

23(3) An alternate member may not hold another office in
24the borough.

25(4) An alternate may participate in any proceeding or
26discussion of the commission but may not vote as a member of
27the commission unless designated as a voting alternate member
28under section 1174.

29(e) Oath or affirmation of office.--Each member of the
30commission, before entering upon the discharge of the duties of

1office, shall take an oath or affirmation of office under 53
2Pa.C.S. § 1141 (relating to form of oaths of office).

3(f) Compensation prohibited.--The civil service
4commissioners shall receive no compensation.

5§ 1173. Offices incompatible with civil service commissioner.

6No commissioner shall at the same time hold an elective or
7appointed office under the Federal Government, this Commonwealth
8or any political subdivision of the Commonwealth, except that
9one member of the commission may be a member of the council and
10one may be a member of the teaching profession.

11§ 1174. Organization of commission.

12(a) General rule.--The commission first appointed shall
13organize within ten days of its appointment and shall elect one
14of its members as the chair and one as the secretary. The
15commission shall meet and organize on the first Monday of each
16even-numbered year. Each commissioner shall be notified in
17writing of each and every meeting.

18(b) Quorum.--Three members of the commission shall
19constitute a quorum. If, by reason of absence or
20disqualification of a member a quorum is not reached, the chair
21shall designate as many alternate members of the commission to
22sit on the commission as may be needed to provide a quorum.

23(c) Alternate members.--

24(1) An alternate member of the commission shall continue
25to serve on the commission in all proceedings involving the
26matter or case for which the alternate was initially
27designated until the commission has made a final
28determination of the matter or case.

29(2) Designation of an alternate member under this
30section shall be made on a case-by-case basis in rotation

1according to declining seniority among the alternates.

2(d) Validity of commission action.--No action of the
3commission may be valid unless it shall have the concurrence of
4at least two members.

5§ 1175. Clerks, supplies and solicitor.

6The borough shall:

7(1) Furnish to the commission, on its requisition,
8clerical assistance that may be necessary for the work of the
9commission.

10(2) Provide a suitable and convenient room for the use
11of the commission. The commission shall order from the
12borough the necessary stationery, postage, printing and
13supplies.

14(3) Provide the services of a solicitor for the
15commission to be appointed by the commission and paid by the
16borough. The borough may place a reasonable limit on the
17amount allowed each year for the services of the commission
18solicitor.

19(4) Through its elected and appointed officials, aid the
20commission in all proper ways in carrying out the provisions
21of this subchapter relating to civil service.

22§ 1176. Rules and regulations.

23(a) General rule.--The commission may prescribe, amend and
24enforce rules and regulations for carrying into effect this
25subchapter and shall be governed by the rules and regulations.
26Before the effective date of the rules and regulations or
27amendments to them, they shall be first approved by council. If
28the rules and regulations or amendments have been approved, they
29shall not be annulled, amended or added to without the approval
30of council.

1(b) Public distribution and inspection.--All rules and
2regulations and modifications shall be made available by the
3borough for public distribution or inspection.

4§ 1177. Minutes and records.

5The commission shall maintain minutes of its proceedings and
6records of examinations and other official actions. All
7recommendations of applicants for appointment received by the
8commission shall be kept and preserved for a period of five
9years, and all records and all written causes of removal filed
10with the commission, except as otherwise provided in section
111191 (relating to hearings on dismissals and reductions), shall
12be open to public inspection and subject to reasonable
13regulation.

14§ 1178. Investigations.

15The commission may conduct investigations concerning all
16matters touching the administration and enforcement of this
17subchapter and rules and regulations adopted under this
18subchapter. The chair of the commission may administer oaths and
19affirmations in connection with the investigations.

20§ 1179. Subpoenas.

21(a) General rule.--The commission may issue subpoenas over
22the signature of the chair to require the attendance of
23witnesses and the production of records and papers pertaining to
24any investigation or inquiry. The fees of witnesses for
25attendance and travel shall be the same as for witnesses
26appearing in the courts and shall be paid from appropriations
27for the incidental expenses of the commission.

28(b) Persons required to attend.--All officers in public
29service and employees shall attend and testify if required to do
30so by the commission.

1(c) Penalty for violation.--If any person refuses or
2neglects to obey a subpoena issued by the commission, the person
3shall, upon conviction, be sentenced to pay a fine not to exceed
4$100 and, in default of the payment of the fine and costs, shall
5be imprisoned for a term not to exceed 30 days.

6(d) Petition to court.--If a person refuses or neglects to
7obey a subpoena issued by the commission, the commission may
8apply by petition to the court of common pleas of the county for
9its subpoena requiring the attendance of the person before the
10commission or the court to testify and to produce any records
11and papers necessary and, if the person defaults, the person
12shall be held in contempt of court.

13§ 1180. Annual report.

14The commission shall make an annual report to the council
15containing a brief summary of its work during the year which
16shall be available for public inspection.

17§ 1181. General provisions relating to examinations.

18(a) Rules and regulations.--

19(1) The commission shall make rules and regulations, to
20be approved as provided in section 1176 (relating to rules
21and regulations), providing for the examination of applicants
22for positions in the police force and as paid fire apparatus
23operators and for promotions, which rules and regulations
24shall prescribe the minimum qualifications of all applicants
25to be examined and the passing grades.

26(2) All examinations for positions or promotions shall
27be practical in character and shall relate to matters and
28include inquiries as will fairly test the merit and fitness
29of the persons examined to discharge the duties of the
30employment sought by them.

1(3) All examinations shall be open to all applicants who
2have the minimum qualifications required by the rules and
3regulations.

4(4) Each applicant for an original position shall:

5(i) Be subject to the regulations adopted by the
6commission.

7(ii) Either before or after the written examination,
8submit to a physical fitness or agility examination that
9is job related and consistent with business necessity.

10(iii) If made a conditional offer of employment, be 
11given a physical and psychological medical examination as
12provided in section 1189 (relating to physical and 
13psychological medical examination).

14(iv) Be subject to a background investigation.
15Background investigations may be restricted to those
16candidates on an eligibility list or those to be
17certified to council for appointment in accordance with
18section 1184 (relating to eligibility list and manner of 
19filling appointments).

20(a.1) Promotions.--

21(1) An applicant for promotion shall be subject to the
22regulations adopted by the commission and to examination and
23selection in accordance with section 1188 (relating to 
24promotions).

25(2) A physical fitness or agility examination that is
26job related and consistent with business necessity and
27physical and psychological medical examinations may, but need
28not, be required for a promotion.

29(b) Public notice.--Public notice of the time and place of
30every examination, together with the information as to the kind

1of position to be filled, shall be given by publication once in
2a newspaper of general circulation, at least two weeks prior to
3each examination, and a copy of the notice shall be prominently
4posted in the office of the commission or other public place.

5(c) Posting of eligibility list.--The commission shall post
6in its office the eligibility list containing the names and
7grades of those who have passed the examination.

8§ 1182. Application for examination.

9A person who desires to apply for examination must file with
10the commission a formal application in which the applicant shall
11provide, under oath or affirmation, the following information:

12(1) Full name and residence or post office address.

13(2) Citizenship and place and date of birth.

14(3) Condition of health and physical capacity for public
15service.

16(4) Business or employment and the applicant's residence
17for the past five years.

18(5) Other information as may be required by the
19commission's rules and regulations, showing the applicant's
20qualifications for the position for which the applicant is
21being examined.

22§ 1183. Rejection of applicant and hearing.

23(a) General rule.--The commission may refuse to examine or, 
24if examined, may refuse to certify after examination as eligible 
25any applicant who:

26(1) is found to lack any of the minimum qualifications
27for examination prescribed in the rules and regulations
28adopted for the position or employment for which the
29applicant has applied;

30(2) is physically unfit for the performance of the

1duties of the position to which the applicant seeks
2employment;

3(3) is illegally using a controlled substance, as 
4defined in section 102 of the Controlled Substances Act 
5(Public Law 91-513, 21 U.S.C. § 802);

6(4) has been guilty of any crime involving moral 
7turpitude or of infamous or notoriously disgraceful conduct;

8(5) has been dismissed from public service for
9delinquency or misconduct of office; or

10(6) is affiliated with any group whose policies or
11activities are subversive to the form of government
12enumerated in the Constitutions and laws of the United States
13and this Commonwealth.

14(b) Hearing requirements.--

15(1) If an applicant is aggrieved by the refusal of the
16commission to certify the applicant as eligible after
17examination or a person is aggrieved by refusal of the
18commission to examine the person, the commission shall, at
19the request of the applicant or person aggrieved, within ten
20days, appoint a time and place for a public hearing.

21(2) At the hearing, the applicant or person aggrieved
22may appear with or without counsel, and the commission shall
23take testimony and review its refusal to provide examination
24or certification.

25(3) The deliberations of the commission, including
26interim rulings on evidentiary or procedural issues, may be
27held in the nature of a closed executive session.

28(4) The commission's disposition of the matter shall
29constitute official action which shall occur at a public
30meeting held under 65 Pa.C.S. Ch. 7 (relating to open

1meetings).

2(5) The decision of the commission shall be final.

3§ 1184. Eligibility list and manner of filling appointments.

4(a) Ranking of candidates.--

5(1) At the completion of the testing process, including
6a physical agility or other examination, with the exception
7of a background investigation to be conducted after the
8establishment of an eligibility list and physical and
9psychological medical examination under section 1189
10(relating to physical and psychological medical examination),
11the commission shall rank the candidates who have satisfied
12the minimum requirements for appointment on an eligibility
13list.

14(2) The eligibility list shall contain the names of
15individuals eligible for appointment listed from highest to
16lowest based on their scores on the examinations administered
17by the commission and any points for which an applicant was
18entitled by virtue of 51 Pa.C.S. Ch. 71 (relating to
19veterans' preference).

20(3) The eligibility list will be valid for one year from 
21the date the commission formally adopts the eligibility list.

22(4) Prior to expiration of the one-year period, the 
23commission may extend the validity of the eligibility list 
24for up to an additional 12 months by a majority vote of the 
25commission at a duly authorized commission meeting.

26(5) In the absence of a lawful extension by the
27commission under paragraph (4), the list shall expire.

28(b) Procedure for filling positions.--Except as provided in
29subsection (c), every original position or employment in the
30police force or as paid fire apparatus operators, except that of

1chief of police or chief of the fire department, or equivalent,
2shall be filled only in the following manner:

3(1) The council shall notify the commission of any
4vacancy which is to be filled and shall request the
5certification of an eligibility list.

6(2) The commission shall certify for each existing
7vacancy from the eligibility list the names of the three
8persons or a lesser number, if three are not available, who
9have received the highest average.

10(3) The council shall make a conditional appointment
11from the three names certified, based solely on the merits
12and fitness of the candidates, unless council makes
13objections to the commission regarding one or more of the
14certified persons for any of the reasons stated in section
151183 (relating to rejection of applicant and hearing).

16(4) If the objections are sustained by the commission as
17provided in section 1183 or the conditional appointee is
18determined to be unqualified in accordance with the
19procedures specified in section 1189, the commission shall
20strike the name of the person from the eligibility list and
21certify the next highest name for each name stricken from the
22eligibility list.

23(5) As each subsequent vacancy occurs in the same or
24another position, the same procedure shall be followed.

25(c) Vacancies in existing positions.--

26(1) Any vacancy in an existing position in the police
27force or as a paid fire apparatus operator which occurs as a
28result of retirement, resignation, disability or death may be
29filled by council by the reappointment or reinstatement of a
30former employee of the police force or fire department who

1had previously complied with this section.

2(2) No examination, other than a physical examination as
3directed by the civil service commission, shall be required
4in any case of reappointment or reinstatement.

5(d) Vacancies in certain offices.--

6(1) In the case of a vacancy in the office of chief of
7police or chief of the fire department, or equivalent
8official, the council may nominate a person to the
9commission.

10(2) The commission shall subject the nominated person to
11a noncompetitive examination and, if the person is certified
12by the commission as qualified, the person may then be
13appointed to the position and shall be subject to this
14subchapter.

15§ 1185. Age and residency of applicants.

16No person shall be eligible to apply for examination unless
17the person is at least 18 years of age at the date of
18application. An applicant need not be a resident of the borough.
19The council of the borough may authorize the commission, by rule
20or regulation, to require police officers and paid fire
21apparatus operators to become residents of the borough after
22appointment to the positions.

23§ 1186. Probationary period.

24(a) General rule.--An original appointment to a position in
25the police force or as a paid fire apparatus operator shall be
26for a probationary period of not less than six months and not
27more than one year, but during the probationary period an
28appointee may be dismissed only for a cause specified in section
291183 (relating to rejection of applicant and hearing) or because 
30of incapacity for duty due to the use of alcohol or drugs.

1(b) Notice denying permanent appointment.--

2(1) If, at the close of a probationary period, the
3conduct or fitness of the probationer has not been
4satisfactory to the council, the probationer shall be
5notified in writing that the probationer will not receive a
6permanent appointment and the appointment shall cease.

7(2) If the probationer is not notified or dismissed in
8accordance with this section, the probationer's retention
9shall be equivalent to a permanent appointment.

10(c) Finality of decision.--The decision of a borough to
11suspend or discharge a probationer shall be final and shall not
12be subject to the hearing provisions of section 1191 (relating
13to hearings on dismissals and reductions).

14§ 1187. Provisional appointments.

15(a) General rule.--If there are urgent reasons for the
16filling of a vacancy in a position in the police force and there
17are no names on the eligibility list for the appointment, the
18council may nominate a person to the commission for
19noncompetitive examination, and, if the nominee shall be
20certified by the commission as qualified after noncompetitive
21examination, the nominee may be appointed provisionally to fill
22the vacancy.

23(b) Competitive examination required.--

24(1) Within three weeks of the provisional appointment,
25the commission shall hold a competitive examination and
26certify an eligibility list. A regular appointment shall then
27be made from the name or names submitted by the commission.

28(2) Nothing in this section shall be construed to
29prevent the appointment, without examination, of persons
30temporarily as police officers in cases of riot or other

1emergencies or as fire apparatus operators in emergency
2cases.

3§ 1188. Promotions.

4(a) General rule.--A promotion shall be based on merit to be
5ascertained by an examination to be prescribed by the
6commission. All questions relative to a promotion shall be
7practical in character and fairly test the merit and fitness of
8persons seeking promotion.

9(b) Notification of vacancy.--Council shall notify the
10commission of a vacancy in the police force or as a paid fire
11apparatus operator in the borough which is to be filled by
12promotion and shall request the certification of an eligibility
13list.

14(c) Certification required.--

15(1) The commission shall certify for each vacancy the
16names of three persons on the eligibility list who have
17received the highest average in the last preceding
18promotional examination held within a period of two years
19preceding the date of the request for the eligibility list.

20(2) If three names are not available, the commission
21shall certify the names remaining on the eligibility list.

22(3) The council shall make an appointment from the names
23certified, based solely on the merits and fitness of the
24candidate, unless council makes objections to the commission
25regarding one or more of the persons so certified for any
26reason provided under section 1183 (relating to rejection of
27applicant and hearing).

28(d) Increase in salary as promotion.--The council may
29determine in each instance whether an increase in salary
30constitutes a promotion.

1§ 1189. Physical and psychological medical examination.

2(a) Conditional offer of employment.--

3(1) An applicant selected from the eligibility list
4shall receive a conditional offer of employment. The offer of
5employment shall be conditioned upon the conditional
6appointee undergoing a physical and psychological medical
7examination and a determination that the conditional
8appointee is capable of performing all the essential
9functions of the position.

10(2) Physical medical examinations shall be conducted
11under the direction of a physician or other qualified medical
12professional.

13(3) Psychological medical examinations shall be
14conducted under the direction of a psychiatrist or
15psychologist.

16(b) Opinion to be rendered.--The physician, other qualified
17medical professional, psychiatrist or psychologist must be
18appointed by council and shall render an opinion as to whether
19the conditional appointee has a physical or mental condition
20which calls into question the person's ability to perform all of
21the essential functions of the position for which the person was
22conditionally appointed.

23(c) Interactive discussion with conditional appointee.--If
24the opinion rendered by the physician, other qualified medical
25professional, psychiatrist or psychologist calls into question
26the conditional appointee's ability to perform all essential
27functions of a position, the person designated by council shall
28meet with the conditional appointee for the purpose of having
29one or more interactive discussions on whether the conditional
30appointee can, with or without reasonable accommodation, perform

1all the essential functions of the position.

2(d) Written notice after interactive discussion.--If, at the
3conclusion of the interactive discussion conducted under
4subsection (c), council determines that the conditional
5appointee is not qualified, council shall give written notice to
6the conditional appointee and the commission.

7(e) Construction.--Nothing in this part shall be construed
8to authorize physical or psychological medical examinations
9prior to conditional appointment.

10(f) Definitions.--The following words and phrases used in 
11this section shall have the meanings given to them in this 
12subsection unless the context clearly indicates otherwise:

13"Medical examination." An examination, procedure, inquiry or 
14test designed to obtain information about medical history or a 
15physical or mental condition which might disqualify an applicant 
16for a position if it would prevent the applicant from 
17performing, with or without a reasonable accommodation, all of 
18the essential functions of the position.

19"Physician." The term shall have the meaning given to it
20under 1 Pa.C.S. § 1991 (relating to definitions).

21"Qualified medical professional." An individual, in
22collaboration with or under the supervision or direction of a
23physician, as may be required by law, who is licensed:

24(1) as a physician assistant under the act of December
2520, 1985 (P.L.457, No.112), known as the Medical Practice Act
26of 1985, or the act of October 5, 1978 (P.L.1109, No.261),
27known as the Osteopathic Medical Practice Act; or

28(2) as a certified registered nurse practitioner under
29the act of May 22, 1951 (P.L.317, No.69), known as The
30Professional Nursing Law.

1§ 1190. Removals.

2(a) General rule.--No person employed in any police or fire
3force of any borough may be suspended without pay, removed or
4reduced in rank except for the following reasons:

5(1) Physical or mental disability affecting the person's
6ability to continue in service, in which cases the person
7shall receive an honorable discharge from service.

8(2) Neglect or violation of any official duty.

9(3) Violation of any law if the violation constitutes a
10misdemeanor or felony.

11(4) Inefficiency, neglect, intemperance, immorality,
12disobedience of orders or conduct unbecoming of an officer.

13(5) Intoxication while on duty.

14(6) Engaging or participating in the conduct of a
15political or election campaign while on duty or in uniform or
16while using borough property otherwise than to exercise the
17person's own right of suffrage.

18(7) Engaging or participating in the conduct of a
19political or election campaign for an incompatible office as
20provided in section 1104(f) (relating to appointments and
21incompatible offices).

22(b) Restriction.--A person employed by a police or fire 
23force shall not be removed for religious, racial or political
24reasons.

25(c) Statement of charges.--A written statement of charges
26made against a person shall be furnished to the person within
27five days after the statement of charges is filed. The person
28shall have ten days from the date of receiving the notice to
29submit a written request for a hearing to the civil service
30commission under section 1191 (relating to hearings on
 

1dismissals and reductions).

2(d) Furlough.--If, for reasons of economy or other reasons, 
3it shall be deemed necessary by any borough to reduce the number 
4of paid employees of the police or fire force, the borough shall 
5furlough the person, including a probationer, last appointed to 
6the respective force. The removal shall be accomplished by 
7furloughing in numerical order commencing with the person last 
8appointed until the reduction shall have been accomplished. In 
9the event the police force or fire force shall again be 
10increased, the employees furloughed shall be reinstated in the 
11order of their seniority in the service. This subsection as to 
12reductions in force is not applicable to a chief of police.

13§ 1191. Hearings on dismissals and reductions.

14(a) Time of answer and hearing.--A person suspended, removed
15or reduced in rank may make written answers to any charges filed
16against the person not later than the day scheduled for the
17hearing. The commission shall grant the person a hearing that
18shall be held within a period of ten days from the filing of
19written charges, unless continued by the commission for cause at
20the request of the council or the accused. The failure of the
21commission to hold a hearing within ten days from the filing of
22the written charges shall not result in the dismissal of the
23charges filed.

24(b) Conduct of hearing.--At any hearing, the person against
25whom the charges are made may be present in person and by
26counsel. The council may suspend the person, without pay,
27pending the determination of the charges against the person,
28but, in the event the commission fails to uphold the charges,
29the person sought to be suspended, removed or reduced in rank
30shall be reinstated with full pay for the period during which

1the person was suspended, removed or reduced in rank, and no
2charges shall be officially recorded against the person's
3record. A stenographic record of all testimony taken at the
4hearings shall be filed with and preserved by the commission,
5which record shall be sealed and not be available for public
6inspection in the event the charges are dismissed.

7(c) Appeal.--All parties shall have an immediate right of
8appeal to the court of common pleas of the county, and the case
9shall there be determined as the court deems proper. No order of
10suspension made by the commission may be for a longer period
11than one year. The appeal shall be taken within 30 days from the
12date of entry by the commission of its final order and shall be
13by petition. Upon the appeal being taken and docketed, the court
14of common pleas shall schedule a day for a hearing and shall
15proceed to hear the appeal on the original record and additional
16proof or testimony as the parties concerned may desire to offer
17in evidence. The decision of the court affirming or revising the
18decision of the commission shall be final, and the employee
19shall be suspended, discharged, reduced in rank or reinstated in
20accordance with the order of court.

21(d) Proceedings.--The council and the person sought to be
22suspended, removed or reduced in rank shall at all times have
23the right to employ counsel before the commission and upon
24appeal to the court of common pleas. Unless the council or the
25person sought to be suspended, removed or reduced in rank
26requests that the proceedings before the commission be open to
27the public, the proceedings before the commission under this
28section shall be held in the nature of a closed executive
29session that shall not be open to the public. The request shall
30be presented to the commission before the civil service hearing

1commences. The deliberations of the commission, including
2interim rulings on evidentiary or procedural issues, may be held
3in private and shall not be subject to a request for being open
4to the public, the council or the person sought to be suspended,
5removed or reduced in rank. The commission's disposition of the
6disciplinary action shall constitute official action which shall
7occur at a public meeting held pursuant to 65 Pa.C.S. Ch. 7
8(relating to open meetings).

9§ 1192. Employees exempted.

10All appointments in the police or fire forces of boroughs,
11including the chief of police or equivalent official, prior to
12the creation of a commission, shall continue to hold their
13positions and shall not be required to take any examination
14under the provisions of this subchapter, except that which may
15be required for promotion. This section shall not be construed
16to apply to persons employed temporarily in emergency cases.

17§ 1193. Discrimination on account of political or religious
18affiliations.

19(a) Information.--No question in any form of application for
20examination or in any examination shall be so framed as to
21elicit information concerning the political or religious
22opinions or affiliations of any applicant nor shall inquiry be
23made concerning the opinions or affiliations, and all
24disclosures of opinions or affiliations shall be ignored.

25(b) Prohibition.--No discrimination shall be exercised,
26threatened or promised by any person against or in favor of any
27applicant or employee because of political or religious opinions
28or affiliations or race, and no offer or promise or reward,
29favor or benefit, directly or indirectly, shall be made to or
30received by any person for any act done or duty omitted or to be

1done under this subchapter.

2§ 1194. Penalty.

3A member of council who, by vote, appoints any person to the
4police force or as a fire apparatus operator contrary to the
5provisions of this subchapter, or a member of council or member
6of the commission who willfully refuses to comply with or
7conform to the provisions of this subchapter, commits a
8misdemeanor and, upon conviction, shall be sentenced to pay a
9fine not exceeding $100 or to imprisonment not exceeding 90
10days, or both.

11SUBCHAPTER K

12INDEPENDENT AUDITOR

13(Reserved)

14CHAPTER 12

15CORPORATE POWERS

16Sec.

171201. General powers.

181201.1. Real property.

191201.2. Personal property.

201201.3. Exceptions.

211202. Specific powers.

221203. Reserved powers.

23§ 1201. General powers.

24A borough may:

25(1) Have succession perpetually by its corporate name.

26(2) Sue and be sued and complain and defend in the
27courts of this Commonwealth.

28(3) Make and use a common seal and alter the same at its
29discretion.

30(4) Purchase, exchange, acquire by gift or otherwise,

1hold, lease, let and convey, by sale or lease, real and
2personal property deemed to be in the best interest of the
3borough, subject to the restrictions, limitations or
4exceptions as set forth in this chapter.

5§ 1201.1. Real property.

6(a) Sale.--No real estate owned by the borough may be sold
7except upon approval of council by resolution. Additionally, no
8real estate owned by the borough may be sold for a consideration
9in excess of $1,500, except to the highest bidder after due
10notice by advertisement for bids or advertisement of a public
11auction.

12(a.1) Advertisement.--The advertisement shall be published
13once in one newspaper of general circulation not less than ten
14days prior to the date scheduled for the opening of bids or
15public auction. The date for opening bids or public auction
16shall be announced in the advertisement.

17(a.2) Award of contracts.--The award of contracts shall be
18made only by public announcement at a regular or special meeting
19of council or at the public auction. All bids shall be accepted
20on the condition that payment of the purchase price in full
21shall be made within 60 days of the acceptance of bids. If no
22compliant bids are received after advertisement, the applicable
23procedures in the act of October 27, 1979 (P.L.241, No.78),
24entitled, "An act authorizing political subdivisions,
25municipality authorities and transportation authorities to enter
26into contracts for the purchase of goods and the sale of real
27and personal property where no bids are received," shall be
28followed.

29(b) Rejection of bids.--The council shall have the authority
30to reject all bids if the bids are deemed to be less than the

1fair market value of the real property. In the case of a public
2auction, the council may establish a minimum bid based on the
3fair market value of the real property.

4(c) Exception.--Real estate owned by a borough may be sold
5at a consideration of $1,500 or less without advertisement or
6competitive bidding only after council estimates the value of
7the property upon receipt of an appraisal by a qualified real
8estate appraiser.

9(d) Exchange of real property.--

10(1) Notwithstanding this section, council shall have the
11authority to exchange real property for real property of
12equal or greater value without complying with this section,
13if the property being acquired by the borough is to be used
14for municipal purposes. Municipal purposes as used in this
15subsection include a subsequent sale or lease of the property
16to any of the entities listed in section 1201.3 (relating to 
17exceptions).

18(2) Any conveyance of real property acquired in an
19exchange to an entity listed in section 1201.3 may contain a
20clause under which the lands and buildings will revert to the
21borough if they are no longer being used for the purposes of
22the entity.

23(3) If council chooses to exercise its power of real
24property exchange under this section, it shall be by
25resolution adopted by council. Notice of the resolution,
26including a description of the properties to be exchanged,
27shall be published once in one newspaper of general
28circulation not more than 60 days nor fewer than seven days
29prior to adoption.

30(4) Participation in a real property exchange shall not

1prohibit the application of the requirements of the act of
2October 4, 1978 (P.L.851, No.166), known as the Flood Plain
3Management Act.

4§ 1201.2. Personal property.

5(a) Sale.--Except as provided in subsection (b), no borough
6personal property may be disposed of, by sale or otherwise,
7except upon approval of council by resolution. In cases when
8council approves a sale of the property, council shall estimate
9the fair market value of the entire lot to be disposed of. If
10council estimates the fair market value to be $1,000 or more,
11the entire lot shall be advertised for sale once in at least one
12newspaper of general circulation not less than ten days prior to
13the date scheduled for the opening of bids or public auction.
14The date of opening of bids or public auction shall be announced
15in the advertisement, and sale of the property advertised shall
16be made to the best responsible bidder.

17(a.1) Electronic auction sale.--A public auction of personal 
18property may be conducted by means of an online or electronic 
19auction sale. During an electronic auction sale, bids shall be 
20accepted electronically at the time and in the manner designated 
21in the advertisement. During the electronic auction, each bidder 
22shall have the capability to view the bidder's bid rank or the 
23high bid price. Bidders may increase their bid prices during the 
24electronic auction. The record of the electronic auction shall 
25be accessible for public inspection. The purchase price shall be 
26paid by the highest bidder immediately or at a reasonable time 
27after the conclusion of the electronic auction as determined by 
28council. In the event that shipping costs are incurred, they 
29shall be paid by the highest bidder. A borough that has complied 
30with the advertising requirements of this section may provide
 

1additional public notice of the sale by bids or public auction 
2in any manner deemed appropriate by council. The advertisement 
3for electronic auction sales authorized in this paragraph shall 
4include the Internet address or means of accessing the 
5electronic auction and the date, time and duration of the 
6electronic auction.

7(a.2) Rejection of bids.--Council may reject any bids
8received if the bids are believed to be less than the fair
9market value of the property. If no bids are received after
10advertisement, the applicable procedures in the act of October
1127, 1979 (P.L.241, No.78), entitled, "An act authorizing
12political subdivisions, municipality authorities and
13transportation authorities to enter into contracts for the
14purchase of goods and the sale of real and personal property
15where no bids are received," shall be followed.

16(b) Exception for small value sales.--Council shall, by
17resolution, adopt a procedure for the sale of surplus personal
18property, either individual items or lots of items, of an
19estimated fair market value of less than $1,000. The approval of
20council shall not be required for any individual sale that shall
21be made in conformity to the procedure.

22(c) Exchange of personal property.--This section shall not
23be mandatory when borough personal property is to be traded in
24or exchanged for new or used personal property being acquired by
25the borough, except that the trade or exchange shall be by
26resolution.

27§ 1201.3. Exceptions.

28(a) Sale of property.--Nothing under this chapter requiring
29advertising for bids or sale at public auction and sale to the
30highest bidder shall apply if borough real or personal property

1is to be sold to any of the following:

2(1) A county, city, borough, town, township, institution
3district, school district, volunteer fire company, volunteer
4ambulance service or volunteer rescue squad located within
5the borough.

6(2) A council of government, consortium, cooperative or 
7other similar entity created pursuant to 53 Pa.C.S. Ch. 23 
8Subch. A (relating to intergovernmental cooperation).

9(3) An authority as defined in 53 Pa.C.S. § 5602
10(relating to definitions).

11(4) A nonprofit corporation engaged in community
12development or reuse only upon entering into a written
13agreement with the nonprofit corporation that requires the
14property to be used for industrial, commercial or affordable
15housing purposes. This exemption shall not apply to property
16on which existing governmental functions are conducted. This
17exemption shall also not apply to property owned and operated
18by the borough or subcontracted or operated on behalf of the
19borough in order to conduct existing government functions.

20(5) A person for the person's exclusive use in an
21industrial development program.

22(6) A nonprofit corporation organized as a public
23library for its exclusive use as a library.

24(7) A nonprofit medical service corporation as
25authorized under section 1202(50) (relating to specific 
26powers).

27(8) A nonprofit housing corporation as authorized by
28section 1202(51).

29(9) The Federal Government or the Commonwealth.

30(10) A nonprofit museum or historical society for its

1exclusive use as a nonprofit museum or historical society.

2(b) Sales to certain nonprofit corporations.--When real
3property is to be sold to a nonprofit corporation organized as a
4public library for its exclusive use as a library or to a
5nonprofit medical service corporation or to a nonprofit housing
6corporation, council may elect to accept nominal consideration
7for the sale as it shall deem appropriate.

8(c) Reversion.--Real property sold under this section to a
9volunteer fire company, volunteer ambulance service or volunteer
10rescue squad, nonprofit medical service corporation or nonprofit
11housing corporation shall be subject to the condition that when
12the property is not used for the purposes of the company,
13service, squad or corporation the property shall revert to the
14borough.

15§ 1202. Specific powers.

16The powers of the borough shall be vested in the council. In
17the exercise of any specific powers involving the enactment of
18an ordinance or the making of any regulation, restriction or
19prohibition, the borough may provide for enforcement and
20penalties for violations. The specific powers of the borough
21shall include the following:

22(1) To prescribe reasonable fees for the services of the
23borough's officers and to enforce the payment of the fees.
24This paragraph shall not be applicable to the services
25rendered by borough police officers in responding to motor
26vehicle accidents pursuant to 53 Pa.C.S. § 1392 (relating to
27prohibition of fees for police services).

28(2) In the operation of its utilities, parking meters,
29parking lots, recreational facilities and other facilities
30and services, to make and regulate charges for them for

1general borough purposes.

2(3) To impose fines and penalties, incurring partial or
3total forfeiture, or to remit the same.

4(4) To prohibit and remove any nuisance or dangerous
5structure on public or private grounds, including, but not
6limited to, accumulations of garbage and rubbish, the storage
7of abandoned or junked automobiles and obstructions or
8nuisances in the streets of the borough. The borough may
9require the removal of any nuisance or dangerous structure by
10the owner or occupier of the grounds or remove the nuisance
11or dangerous structure itself and collect the cost of
12removal, together with a penalty of 10% of the cost, in the
13manner provided by law for the collection of municipal
14claims, or by action of assumpsit, or the borough may seek
15relief by bill in equity.

16(5) To make regulations as may be necessary for the
17health, safety, morals, general welfare and cleanliness and
18beauty, convenience, comfort and safety of the borough.

19(6) To make regulations respecting vaults, cesspools and
20drains.

21(7) To make regulations relative to the accumulation of
22manure, compost and the like to the extent authorized by 3
23Pa.C.S. Ch. 5 (relating to nutrient management and odor
24management).

25(8) To provide for garbage and other refuse material as
26follows:

27(i) To prohibit, individually or jointly with other
28municipal corporations pursuant to an agreement,
29accumulations of garbage or other refuse material upon
30public and private property and to make regulations for

1the care, removal and collection of garbage or other
2refuse material, including:

3(A) To provide for the collection and imposition
4of reasonable fees and charges for the collection of
5garbage and other refuse material.

6(B) To erect, operate and maintain refuse
7disposal or incineration facilities or sanitary
8landfills, either within or without the limits of the
9borough, or provide other means for the collection,
10destruction or removal of garbage and other refuse
11material and provide for the payment of the cost or
12expense of the activity, either in whole or in part,
13out of the funds of the borough.

14(C) To purchase real estate for the purpose of
15erecting, operating and maintaining refuse disposal
16or incineration facilities or sanitary landfills if,
17prior to any acquisition of property pursuant to this
18paragraph, the borough, individually or jointly, as
19the case may be, obtains the approval of the court of
20common pleas for the location of the facilities or
21landfill after a hearing and subject to notice as the
22court shall require. If no objections are heard at
23the hearing, the court shall approve the location. If
24any objection is made, the court shall proceed to
25hear the matter and determine whether the location is
26a detriment to neighboring properties. The finding of
27the court shall be conclusive but in no way shall
28adjudicate any question relating to damages for
29injury to property.

30(D) To take and appropriate real estate for

1purposes of refuse disposals or incineration
2facilities or sanitary landfills in accordance with