PRINTER'S NO. 798
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
749
Session of
2023
INTRODUCED BY DUSH, HUTCHINSON, KEARNEY, BROWN AND COMITTA,
JUNE 1, 2023
REFERRED TO LOCAL GOVERNMENT, JUNE 1, 2023
AN ACT
Amending the act of May 1, 1933 (P.L.103, No.69), entitled "An
act concerning townships of the second class; and amending,
revising, consolidating and changing the law relating
thereto," in auditors and accountants, further providing for
surcharge by auditors; and, in township manager, further
providing for township manager, appointment, removal, powers
and duties, compensation and bond.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 907 of the act of May 1, 1933 (P.L.103,
No.69), known as The Second Class Township Code, is amended by
adding a subsection to read:
Section 907. Surcharge by Auditors.--* * *
(c) An elected or appointed officer of a township may not be
surcharged if the official acted in good faith reliance on a
written, nonconfidential opinion of the solicitor of the
township or an opinion of the township solicitor publicly stated
at an open meeting of the township and recorded in the official
minutes of the meeting. This subsection shall not apply if a
solicitor's opinion has been rendered under duress or if the
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parties seeking and rendering the solicitor's opinion have
colluded to purposefully commit a violation of law. As used in
this subsection, the term "solicitor" shall include a special
counsel appointed by the township for a specific matter.
Section 2. Section 1301 of the act is amended to read:
Section 1301. Township Manager; Appointment, Removal, Powers
and Duties; Compensation; Bond.--(a) The board of supervisors
may by ordinance at any time create the office of township
manager and may in like manner abolish the office. While the
office exists, the board of supervisors shall appoint one
[person] individual, partnership, limited partnership,
association or professional corporation as the township manager
to fill the office. The township manager shall serve at the
pleasure of the board of supervisors, subject to contractual
rights that may arise under an employment or professional
services agreement that may be entered into in accordance with
subsection (a.1).
(a.1) The board of supervisors may enter into an employment
or professional services agreement with the township manager.
The employment or professional services agreement may set forth
the terms and conditions of employment, and the agreement may
provide that it shall remain in effect for a specified period
terminating no later than two years after the effective date of
the agreement or the date of the board of supervisors'
organizational meeting following the next municipal election,
whichever shall first occur. An employment or professional
services agreement entered into pursuant to this subsection may
specify conditions under which a township manager would be
entitled to severance compensation[, but in] if the township
manager is an individual, or payments for the termination of
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appointment if the township manager is a partnership, limited
partnership, an association or professional corporation. In no
event shall an employment or professional services agreement
guarantee retention or employment through the term of the
agreement or confer upon the township manager any legal remedy
based on specific performance.
(b) The powers and duties of the township manager shall be
established by ordinance. The compensation shall be set by
resolution and paid out of the general fund of the township. The
board of supervisors may delegate, subject to recall, any of
their nonlegislative powers and duties to the township manager.
The township manager shall give bond to the township, with
sufficient surety, in the amount directed by the board of
supervisors, conditioned for the faithful performance of the
duties of the office.
(b.1) The township manager, if an individual, and, for a
partnership, limited partnership, association or professional
corporation appointed as the township manager, each officer and
employe directly providing services as required or authorized by
the agreement shall be considered a public official for purposes
of the provisions of 65 Pa.C.S. ยง 1103 (relating to restricted
activities).
(c) The office of township manager is not incompatible with
the office of township secretary, township treasurer or any
other township office or employment, except that of supervisor,
auditor or township police officer. In the case of a
partnership, limited partnership, association or professional
corporation appointed as township manager, the restriction under
this subsection shall apply to all officers and employes who
directly provide services as required or authorized by the
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agreement.
Section 3. This act shall take effect in 60 days.
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