PRIOR PRINTER'S NO. 738 PRINTER'S NO. 1875
No. 665 Session of 2001
INTRODUCED BY NICKOL, FLEAGLE, MACKERETH, MAITLAND, R. MILLER,
STERN, TIGUE, WILT AND ROSS, FEBRUARY 13, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 7, 2001
AN ACT
1 Amending the act of February 1, 1966 (1965 P.L.1656, No.581),
2 entitled "An act concerning boroughs, and revising, amending
3 and consolidating the law relating to boroughs," further
4 providing for compensation of auditors; CHANGING GENDER- <--
5 SPECIFIC REFERENCES TO MEMBERS OF THE GOVERNING BODY; AND
6 MAKING EDITORIAL CHANGES.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1053 of the act of February 1, 1966 (1965 <--
10 P.L.1656, No.581), known as The Borough Code, amended April 11,
11 1974 (P.L.255, No.64), is amended to read:
12 SECTION 1. SECTION 234 OF THE ACT OF FEBRUARY 1, 1966 (1965 <--
13 P.L.1656, NO.581), KNOWN AS THE BOROUGH CODE, IS AMENDED TO
14 READ:
15 SECTION 234. PROPERTY; ASSETS; LIABILITIES; ORDINANCES;
16 WARDS; ELECTION DISTRICTS AND CERTAIN OFFICERS.--UPON THE
17 FORMATION OF THE BOROUGH GOVERNMENT, ALL OF THE PROPERTY AND
18 ASSETS OF THE CITY SHALL BECOME THE PROPERTY OF THE BOROUGH, AND
19 SUCH CHANGE OF GOVERNMENT SHALL NOT IN ANY WAY AFFECT ANY
1 LIABILITIES INCURRED, RIGHTS ACCRUED OR VESTED, OBLIGATIONS,
2 ISSUED OR CONTRACTED, OR ANY SUITS OR PROSECUTIONS PENDING OR
3 INSTITUTED TO ENFORCE ANY RIGHT OR PENALTY ACCRUED, OR PUNISH
4 ANY OFFENSE COMMITTED PRIOR TO SUCH CHANGE. ALL ORDINANCES OF
5 THE FORMER CITY SHALL CONTINUE IN FORCE IN THE NEW BOROUGH UNTIL
6 ALTERED OR REPEALED IN THE MANNER PROVIDED BY LAW. THE WARDS AND
7 ELECTION DISTRICTS OF THE CITY SHALL BECOME THE WARDS AND
8 ELECTION DISTRICTS OF THE BOROUGH UNTIL ALTERED OR CHANGED AS
9 MAY BE PROVIDED BY LAW. AND IN THE ELECTION OF [COUNCILMEN]
10 MEMBERS OF COUNCIL FROM THE SEVERAL WARDS, TWO [COUNCILMEN]
11 MEMBERS OF COUNCIL SHALL BE ELECTED FROM EACH WARD, UNLESS
12 THEREAFTER CHANGED AS PROVIDED BY LAW. ALL CONSTABLES, ALDERMEN
13 AND ELECTION OFFICERS IN OFFICE IN THE CITY, WHEN THE BOROUGH
14 GOVERNMENT IS ORGANIZED, SHALL REMAIN IN OFFICE UNTIL THE
15 EXPIRATION OF THEIR RESPECTIVE TERMS OF OFFICE.
16 SECTION 2. SECTION 601 OF THE ACT, AMENDED OCTOBER 9, 1967
17 (P.L.399, NO.181), IS AMENDED TO READ:
18 SECTION 601. POWER OF COURT TO ERECT, ABOLISH AND CHANGE
19 WARDS AND TO ADJUST, ALTER AND ESTABLISH LINES.--THE COURT OF
20 QUARTER SESSIONS, UPON PETITION, MAY DIVIDE BOROUGHS INTO WARDS,
21 ERECT NEW WARDS OUT OF TWO OR MORE ADJOINING WARDS OR PARTS
22 THEREOF, CONSOLIDATE TWO OR MORE WARDS INTO ONE WARD, DIVIDE ANY
23 WARD ALREADY ERECTED INTO TWO OR MORE WARDS, ALTER THE LINES OF
24 ANY TWO OR MORE ADJOINING WARDS OR CAUSE THE LINES OR BOUNDARIES
25 OF WARDS TO BE ASCERTAINED OR ESTABLISHED, OR ABOLISH ALL WARDS.
26 NO BOROUGH SHALL BE DIVIDED OR REDIVIDED INTO MORE THAN THIRTEEN
27 WARDS.
28 NO WARD SHALL BE CREATED CONTAINING LESS THAN THREE HUNDRED
29 REGISTERED ELECTORS THEREIN, AND ALL WARDS WHICH NOW OR AT ANY
30 TIME HEREAFTER SHALL CONTAIN LESS THAN THREE HUNDRED FIFTY
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1 REGISTERED ELECTORS THEREIN MAY, IN THE DISCRETION OF THE COURT,
2 BE ABOLISHED AND IF SO ABOLISHED, THE TERRITORY THEREOF SHALL BE
3 DISTRIBUTED AMONG THE REMAINING WARDS IN SUCH MANNER AS THE
4 COURT OF QUARTER SESSIONS SHALL DIRECT. ALL OTHER WARDS AS
5 HERETOFORE ESTABLISHED SHALL REMAIN AS HERETOFORE, UNTIL ALTERED
6 OR DIVIDED AS PROVIDED IN THIS ARTICLE.
7 IN BOROUGHS WHEREIN ANY WARD SHALL BE ABOLISHED AS HEREIN
8 PROVIDED AND THE NUMBER OF WARDS SHALL BE REDUCED TO LESS THAN
9 FIVE, THEN THE [COUNCILMAN] MEMBER OF COUNCIL OR [COUNCILMEN]
10 MEMBERS OF COUNCIL IN THE WARD OR WARDS ABOLISHED SHALL CONTINUE
11 IN OFFICE FOR THE TERM FOR WHICH ELECTED AND SHALL BECOME A
12 [COUNCILMAN] MEMBER OF COUNCIL OR [COUNCILMEN] MEMBERS OF
13 COUNCIL AT LARGE FROM SUCH BOROUGH.
14 IF THE LATEST OFFICIAL CENSUS OF THE UNITED STATES SHALL
15 DISCLOSE THAT IN ANY BOROUGH THE POPULATION OF ANY WARD EXCEEDS
16 BY FIFTY PERCENT OR MORE OR IS FIFTY PERCENT OR MORE LESS THAN
17 THE AVERAGE POPULATION OF ALL THE WARDS OF SUCH BOROUGH, THE
18 COURT OF QUARTER SESSIONS UPON APPLICATION OF THE BOROUGH
19 COUNCIL OR, IN CASE OF FAILURE OF THE COUNCIL SO TO APPLY, UPON
20 PETITION OF ANY CITIZEN OF THE BOROUGH, SHALL ADJUST THE
21 BOUNDARIES OF ANY OR ALL OF THE WARDS IN SUCH BOROUGH, FOR THE
22 PURPOSE OF MORE NEARLY EQUALIZING WARD POPULATIONS THROUGHOUT
23 THE SAID BOROUGH. THE PROVISIONS OF SECTIONS 602, 603 AND 604 OF
24 THIS ACT SHALL NOT APPLY IN CASES OF WARD BOUNDARY ADJUSTMENT AS
25 PROVIDED FOR BY THIS PARAGRAPH.
26 SECTION 3. SECTION 805 OF THE ACT IS AMENDED TO READ:
27 SECTION 805. ELECTION OF BOROUGH OFFICERS WHEN BOROUGHS
28 CREATED, ETC.--WHENEVER A BOROUGH IS INCORPORATED UNDER THE
29 PROVISIONS OF SECTIONS 201 TO 219 INCLUSIVE OF THIS ACT, OR
30 WHENEVER TWO OR MORE BOROUGHS ARE CONSOLIDATED UNDER THE
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1 PROVISIONS OF SECTIONS 221 TO 228 OF THIS ACT, OR WHENEVER A
2 BOROUGH IS CREATED FROM A CITY OF THE THIRD CLASS UNDER THE
3 PROVISIONS OF SECTIONS 231 TO 235 OF THIS ACT, THE OFFICERS OF
4 THE BOROUGH, PROVIDED FOR IN SECTION 806 OF THIS ACT, SHALL BE
5 ELECTED AT THE APPROPRIATE MUNICIPAL ELECTION AS PROVIDED IN
6 SAID SECTIONS AND SUCH OFFICERS SHALL TAKE OFFICE ON THE FIRST
7 MONDAY OF JANUARY SUCCEEDING SUCH ELECTION.
8 AT ANY SUCH ELECTION, IF THE BOROUGH IS NOT DIVIDED INTO
9 WARDS, OF THE SEVEN [COUNCILMEN] MEMBERS OF COUNCIL TO BE
10 ELECTED, THREE OR FOUR [COUNCILMEN] MEMBERS OF COUNCIL, AS THE
11 CASE MAY BE, SHALL BE ELECTED FOR TERMS OF TWO YEARS EACH, AND
12 THREE OR FOUR [COUNCILMEN] MEMBERS OF COUNCIL, AS THE CASE MAY
13 BE, SHALL BE ELECTED FOR TERMS OF FOUR YEARS EACH, TO COINCIDE
14 WITH THE NUMBER OF [COUNCILMEN] MEMBERS OF COUNCIL ELECTED AT
15 SUCH ELECTION IN EXISTING BOROUGHS UNDER THE PROVISIONS OF
16 SECTION 811 OF THIS ACT.
17 IN THE CASE OF THE CONSOLIDATION OF TWO OR MORE BOROUGHS INTO
18 ONE BOROUGH, OR THE CREATION OF A BOROUGH FROM A CITY OF THE
19 THIRD CLASS, AND WHERE IN EITHER EVENT TWO [COUNCILMEN] MEMBERS
20 OF COUNCIL ARE TO BE ELECTED FROM EACH WARD, ONE [COUNCILMAN]
21 MEMBER OF COUNCIL SHALL BE ELECTED FROM EACH WARD FOR A TERM OF
22 TWO YEARS AND ONE [COUNCILMAN] MEMBER OF COUNCIL SHALL BE
23 ELECTED FROM EACH WARD FOR A TERM OF FOUR YEARS.
24 IN ALL BOROUGHS COMING WITHIN THE PROVISIONS OF THIS SECTION,
25 THREE AUDITORS SHALL BE ELECTED, ONE FOR A TERM OF TWO YEARS,
26 ONE FOR A TERM OF FOUR YEARS, AND ONE FOR A TERM OF SIX YEARS.
27 ALL OTHER OFFICERS OF THE BOROUGH SHALL BE ELECTED AT SUCH
28 ELECTION FOR TERMS OF TWO OR FOUR YEARS, AS THE CASE MAY BE, TO
29 COINCIDE WITH THE TERMS OF OFFICERS ELECTED UNDER THIS ACT AT
30 SUCH ELECTION IN THE EXISTING BOROUGHS.
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1 SECTION 4. SECTION 806 OF THE ACT, AMENDED MARCH 30, 1988
2 (P.L.309, NO.40), IS AMENDED TO READ:
3 SECTION 806. OFFICERS TO BE ELECTED.--IT SHALL BE LAWFUL FOR
4 THE ELECTORS OF THE BOROUGH TO ELECT:
5 (1) IN BOROUGHS NOT DIVIDED INTO WARDS, SEVEN [COUNCILMEN]
6 MEMBERS OF COUNCIL, ONE MAYOR, ONE ASSESSOR, EXCEPT IN THOSE
7 BOROUGHS WHERE, UNDER THE APPLICABLE COUNTY ASSESSMENT LAW, THE
8 OFFICE OF ELECTED ASSESSOR IN BOROUGHS SHALL HAVE BEEN
9 ABOLISHED; A TAX COLLECTOR AND THREE AUDITORS OR ONE CONTROLLER
10 EXCEPT IN SUCH BOROUGHS WHERE THERE SHALL BE AN APPOINTED
11 AUDITOR IN LIEU OF ELECTED AUDITORS OR CONTROLLER. IN ANY
12 BOROUGH WITH POPULATION, AS DETERMINED BY THE LATEST OFFICIAL
13 CENSUS, OF LESS THAN THREE THOUSAND, THE TOTAL NUMBER OF
14 [COUNCILMEN] MEMBERS OF COUNCIL MAY BE REDUCED FROM SEVEN TO
15 FIVE OR TO THREE UPON PETITION TO THE COURT OF COMMON PLEAS, AS
16 PROVIDED IN SECTION 818 OF THIS ACT.
17 (2) IN BOROUGHS DIVIDED INTO WARDS, AT LEAST ONE, AND NOT
18 MORE THAN TWO [COUNCILMEN] MEMBERS OF COUNCIL IN EACH WARD,
19 EXCEPT IN BOROUGHS WHERE PRIOR TO THE PASSAGE OF THIS ACT THREE
20 [COUNCILMEN] MEMBERS OF COUNCIL WERE ELECTED IN EACH WARD. IN
21 SUCH BOROUGHS, THE NUMBER OF [COUNCILMEN] MEMBERS OF COUNCIL IS
22 FIXED AT THREE IN EACH WARD UNTIL SUCH NUMBER IS REDUCED IN THE
23 MANNER PROVIDED BY THIS ACT. [COUNCILMEN] MEMBERS OF COUNCIL
24 SHALL BE RESIDENTS OF THE WARD FROM WHICH THEY ARE ELECTED, AND
25 CHOSEN BY THE ELECTORS OF THE WARD; ALSO A MAYOR, A TAX
26 COLLECTOR AND THREE AUDITORS OR A CONTROLLER, EXCEPT IN SUCH
27 BOROUGHS WHERE THERE SHALL BE AN APPOINTED AUDITOR IN LIEU OF
28 ELECTED AUDITORS OR CONTROLLER, AND AN ASSESSOR, EXCEPT IN THOSE
29 BOROUGHS WHERE, UNDER THE APPLICABLE COUNTY ASSESSMENT LAW, THE
30 OFFICE OF ELECTED ASSESSOR SHALL HAVE BEEN ABOLISHED WHO SHALL
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1 BE CHOSEN BY THE ELECTORS OF THE BOROUGHS AT LARGE.
2 SECTION 5. THE HEADING OF SUBDIVISION (B) OF ARTICLE VIII OF
3 THE ACT IS AMENDED TO READ:
4 (B) [COUNCILMEN] MEMBERS OF COUNCIL
5 SECTION 6. SECTION 811 OF THE ACT, AMENDED FEBRUARY 24, 1967
6 (P.L.1, NO.1) AND OCTOBER 9, 1967 (P.L.399, NO.181), IS AMENDED
7 TO READ:
8 SECTION 811. ELECTION OF [COUNCILMEN] MEMBERS OF COUNCIL.--
9 AT THE MUNICIPAL ELECTION TO BE HELD IN THE YEAR 1967, THERE
10 SHALL BE ELECTED IN EACH BOROUGH A SUFFICIENT NUMBER OF
11 [COUNCILMEN] MEMBERS OF COUNCIL TO EQUAL ONE-HALF OF THE ENTIRE
12 NUMBER OF WHICH SUCH COUNCIL IS LEGALLY COMPOSED, TO SERVE FOR A
13 TERM OF FOUR YEARS FROM THE FIRST MONDAY OF JANUARY NEXT
14 SUCCEEDING, AND, WHERE SUCH ENTIRE NUMBER IS SEVEN, NINE, OR
15 ELEVEN, THEN SUFFICIENT TO CONSTITUTE THREE, FOUR, OR FIVE, AS
16 THE CASE MAY BE; THE AFORESAID [COUNCILMEN] MEMBERS OF COUNCIL,
17 TO BE ELECTED IN THE YEAR 1967, BEING SUCCESSORS TO THOSE
18 ELECTED IN THE YEAR 1963, WHOSE TERMS, AS HERETOFORE PROVIDED BY
19 LAW, EXPIRE ON THE FIRST MONDAY OF JANUARY, 1968. ALL
20 [COUNCILMEN] MEMBERS OF COUNCIL WHOSE TERMS EXPIRE ON THE FIRST
21 MONDAY OF JANUARY, 1970 SHALL CONTINUE TO HOLD THEIR OFFICE
22 UNTIL THE FIRST MONDAY OF JANUARY, 1970, AS NOW PROVIDED, AND
23 THEIR SUCCESSORS SHALL BE ELECTED AT THE MUNICIPAL ELECTION IN
24 THE YEAR 1969, TO SERVE FOR A TERM OF FOUR YEARS, FROM THE FIRST
25 MONDAY OF JANUARY NEXT SUCCEEDING. IF FOR ANY REASON
26 [COUNCILMEN] MEMBERS OF COUNCIL ARE NOT ELECTED AS HEREINABOVE
27 PROVIDED, [COUNCILMEN] MEMBERS OF COUNCIL WHOSE TERMS END ON THE
28 SAME DATE SHALL CAST LOTS TO DETERMINE WHO SHALL SERVE FOR A
29 TWO-YEAR TERM AND WHO SHALL SERVE FOR A FOUR-YEAR TERM. THE
30 SECRETARY OF THE BOROUGH SHALL CERTIFY THE RESULTS TO THE
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1 APPROPRIATE COUNTY BOARD OF ELECTIONS. BIENNIALLY THEREAFTER, AT
2 THE MUNICIPAL ELECTION, A SUFFICIENT NUMBER OF [COUNCILMEN]
3 MEMBERS OF COUNCIL SHALL BE ELECTED, FOR A TERM OF FOUR YEARS
4 FROM THE FIRST MONDAY OF JANUARY NEXT SUCCEEDING, TO FILL THE
5 PLACES OF THOSE WHOSE TERMS, UNDER THE PROVISIONS OF THIS ACT,
6 SHALL EXPIRE ON THE FIRST MONDAY OF JANUARY NEXT FOLLOWING SUCH
7 ELECTION.
8 SECTION 7. SECTIONS 812, 813, 814, 816 AND 817 OF THE ACT
9 ARE AMENDED TO READ:
10 SECTION 812. ELECTION OF [COUNCILMEN] MEMBERS OF COUNCIL
11 WHERE NEW WARDS CREATED.--WHENEVER THE [COURT OF QUARTER
12 SESSIONS] COURT OF COMMON PLEAS SHALL DIVIDE ANY BOROUGH INTO
13 WARDS, ERECT NEW WARDS OUT OF TWO OR MORE WARDS OR PARTS
14 THEREOF, DIVIDE A WARD ALREADY ERECTED INTO TWO OR MORE WARDS,
15 OR CREATE A NEW WARD OUT OF ANNEXED TERRITORY, AND WHEN THE
16 REPORT, IN SUCH CASE, IS CONFIRMED BY THE COURT, IT SHALL, AT
17 THE SAME TIME, DECREE THE ELECTION OF AN EQUAL NUMBER OF
18 [COUNCILMEN] MEMBERS OF COUNCIL, IN EACH OF THE WARDS, IN SUCH
19 MANNER AS NOT TO INTERFERE WITH THE TERMS OF THOSE THERETOFORE
20 ELECTED. WHERE A BOROUGH IS FIRST DIVIDED INTO WARDS, THE COURT
21 SHALL FIX THE NUMBER OF [COUNCILMEN] MEMBERS OF COUNCIL IN EACH
22 WARD AT NOT MORE THAN TWO. IN DECREEING SUCH ELECTION, WHEN THE
23 ENTIRE NUMBER OF COUNCIL SHALL BE COMPOSED OF AN EVEN NUMBER,
24 THE DECREE SHALL BE SO MADE THAT ONE-HALF OF THE ENTIRE NUMBER
25 SHALL THEREAFTER BE ELECTED AT EACH MUNICIPAL ELECTION. WHEN THE
26 ENTIRE NUMBER OF COUNCIL SHALL BE AN ODD NUMBER, THE COURT SHALL
27 DIVIDE SUCH COUNCIL INTO TWO CLASSES, AND SHALL MAKE ITS DECREES
28 SO THAT ONE-HALF OF THE ENTIRE NUMBER OF [COUNCILMEN] MEMBERS OF
29 COUNCIL, LESS ONE, SHALL, AS SOON AS POSSIBLE, TAKE THEIR OFFICE
30 IN A YEAR DIVISIBLE BY FOUR, AND THE REMAINING NUMBER OF
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1 [COUNCILMEN] MEMBERS OF COUNCIL SHALL TAKE THEIR OFFICE IN AN
2 EVEN-NUMBERED YEAR NOT DIVISIBLE BY FOUR. THE APPORTIONMENT
3 SHALL BE SO MADE BY THE COURT THAT THERE SHALL BE EQUAL OR AS
4 NEARLY EQUAL AS POSSIBLE, REPRESENTATION BY WARDS IN EACH CLASS.
5 BIENNIALLY THEREAFTER, AT EACH MUNICIPAL ELECTION, A SUFFICIENT
6 NUMBER OF [COUNCILMEN] MEMBERS OF COUNCIL SHALL BE ELECTED, FOR
7 THE TERM OF FOUR YEARS FROM THE FIRST MONDAY OF JANUARY NEXT
8 SUCCEEDING, TO FILL THE PLACES OF THOSE WHOSE TERMS SHALL EXPIRE
9 ON THE FIRST MONDAY OF THE JANUARY NEXT FOLLOWING SUCH ELECTION.
10 SECTION 813. FIXING NUMBER OF [COUNCILMEN] MEMBERS OF
11 COUNCIL WHEN WARDS CREATED.--WHENEVER UPON THE DIVISION OF ANY
12 BOROUGH INTO WARDS, OR THE CREATION OF A NEW WARD OR WARDS, THE
13 NUMBER OF [COUNCILMEN] MEMBERS OF COUNCIL CANNOT BE EQUALLY
14 DIVIDED AMONG THE WARDS OF THE BOROUGHS, IT SHALL BE LAWFUL FOR
15 THE COURT, IN DECREEING SUCH DIVISION OR CREATION, TO INCREASE
16 THE NUMBER OF COUNCIL TO, AND NOT EXCEEDING, SUCH NUMBER AS WILL
17 ENABLE THE COURT TO MAKE AN EQUAL APPORTIONMENT OF THE SAME
18 AMONG THE SEVERAL WARDS OF SUCH BOROUGH. BUT WHERE A BOROUGH IS
19 FIRST DIVIDED INTO WARDS, THE NUMBER OF [COUNCILMEN] MEMBERS OF
20 COUNCIL PROVIDED FOR A WARD SHALL NOT EXCEED TWO.
21 SECTION 814. INCREASE IN NUMBER OF [COUNCILMEN] MEMBERS OF
22 COUNCIL.--THE [COURT OF QUARTER SESSIONS] COURT OF COMMON PLEAS,
23 HAVING FIXED THE NUMBER OF [COUNCILMEN] MEMBERS OF COUNCIL, AS
24 PROVIDED IN SECTION 812 OF THIS ARTICLE, MAY, UPON PETITION OF
25 AT LEAST FIVE PERCENT OF THE REGISTERED ELECTORS OF THE BOROUGH,
26 INCREASE THE SAME TO ANY NUMBER NOT EXCEEDING TWO FOR EACH WARD.
27 THE SUFFICIENCY OF THE NUMBER OF SIGNERS TO ANY SUCH PETITION
28 SHALL BE ASCERTAINED AS OF THE DATE WHEN THE PETITION IS
29 PRESENTED TO COURT.
30 SECTION 816. ELECTION OF [COUNCILMEN] MEMBERS OF COUNCIL
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1 WHERE WARDS ABOLISHED.--WHENEVER THE [COURT OF QUARTER SESSIONS]
2 COURT OF COMMON PLEAS SHALL ABOLISH ALL WARDS IN ANY BOROUGH AND
3 WHEN THE REPORT IN SUCH CASE IS CONFIRMED BY THE COURT, IT
4 SHALL, AT THE SAME TIME, DECREE THE ELECTION OF SEVEN
5 [COUNCILMEN] MEMBERS OF COUNCIL AT LARGE FOR THE BOROUGH IN SUCH
6 MANNER AS NOT TO INTERFERE WITH THE TERMS OF THOSE WARD
7 [COUNCILMEN] MEMBERS OF COUNCIL THERETOFORE ELECTED. IN
8 DECREEING SUCH ELECTION, WHERE THERE WERE THERETOFORE:
9 (1) SEVEN [COUNCILMEN] MEMBERS OF COUNCIL, THE DECREE SHALL
10 BE SO MADE THAT, AT THE FIRST MUNICIPAL ELECTION THEREAFTER THE
11 ELECTORS SHALL ELECT THREE OR FOUR [COUNCILMEN] MEMBERS OF
12 COUNCIL, AS THE CASE MAY BE, THE NUMBER TO BE ELECTED TO BE THAT
13 WHICH, WHEN ADDED TO THE NUMBER OF [COUNCILMEN] MEMBERS OF
14 COUNCIL ALREADY IN OFFICE WHOSE TERMS ARE NOT ABOUT TO EXPIRE,
15 SHALL BRING THE MEMBERSHIP OF THE COUNCIL TO SEVEN. SUCH NEWLY
16 ELECTED [COUNCILMEN] MEMBERS OF COUNCIL SHALL SERVE FOR TERMS OF
17 FOUR YEARS FROM THE FIRST MONDAY OF JANUARY NEXT SUCCEEDING SUCH
18 FIRST MUNICIPAL ELECTION, EXCEPT THAT, IN ANY CASE WHERE THE
19 ELECTION OF FOUR [COUNCILMEN] MEMBERS OF COUNCIL SHALL BE
20 REQUIRED TO BRING THE MEMBERSHIP OF COUNCIL TO ITS FULL
21 COMPLEMENT OF SEVEN, AND ONLY THREE [COUNCILMEN] MEMBERS OF
22 COUNCIL ARE ELECTED AT SUCH MUNICIPAL ELECTION IN THE OTHER
23 BOROUGHS OF THE STATE NOT DIVIDED INTO WARDS, THREE [COUNCILMEN]
24 MEMBERS OF COUNCIL SHALL BE ELECTED FOR FOUR-YEAR TERMS AND ONE
25 FOR A TWO-YEAR TERM. THEREAFTER, AT EVERY SUCCEEDING MUNICIPAL
26 ELECTION, THE ELECTORS SHALL ELECT THREE OR FOUR [COUNCILMEN]
27 MEMBERS OF COUNCIL, AS THE CASE MAY BE, EACH TO SERVE FOR A TERM
28 OF FOUR YEARS FROM THE FIRST MONDAY OF JANUARY FOLLOWING SUCH
29 MUNICIPAL ELECTION.
30 (2) EIGHT OR MORE [COUNCILMEN] MEMBERS OF COUNCIL, THE
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1 DECREE SHALL BE SO MADE THAT, AT THE FIRST MUNICIPAL ELECTION
2 THEREAFTER THE ELECTORS SHALL ELECT A SUFFICIENT NUMBER OF
3 [COUNCILMEN] MEMBERS OF COUNCIL THAT, WHEN ADDED TO THE NUMBER
4 OF [COUNCILMEN] MEMBERS OF COUNCIL ALREADY IN OFFICE WHOSE TERMS
5 ARE NOT ABOUT TO EXPIRE, WILL BRING THE MEMBERSHIP OF THE
6 COUNCIL TO SEVEN. SUCH NEWLY ELECTED [COUNCILMEN] MEMBERS OF
7 COUNCIL SHALL SERVE FOR TERMS OF FOUR YEARS FROM THE FIRST
8 MONDAY OF JANUARY NEXT SUCCEEDING SUCH FIRST MUNICIPAL ELECTION.
9 AT THE SECOND MUNICIPAL ELECTION AFTER SUCH DECREE, THE ELECTORS
10 SHALL ELECT A SUFFICIENT NUMBER OF [COUNCILMEN] MEMBERS OF
11 COUNCIL, THAT, WHEN ADDED TO THE NUMBER OF [COUNCILMEN] MEMBERS
12 OF COUNCIL ELECTED AT THE PREVIOUS MUNICIPAL ELECTION, SHALL
13 BRING THE MEMBERSHIP OF COUNCIL TO ITS FULL COMPLEMENT OF SEVEN,
14 SOME OF SUCH [COUNCILMEN] MEMBERS OF COUNCIL ELECTED AT SUCH
15 SECOND MUNICIPAL ELECTION TO SERVE FOR A FOUR-YEAR TERM
16 FOLLOWING THE FIRST MONDAY OF JANUARY NEXT SUCCEEDING, THE
17 REMAINDER TO SERVE FOR A TWO-YEAR TERM, THE NUMBER IN EACH CASE
18 TO BE THAT REQUIRED TO BRING THE NUMBER OF [COUNCILMEN] MEMBERS
19 OF COUNCIL TO BE ELECTED IN SUCH BOROUGH IN SUCCEEDING MUNICIPAL
20 ELECTIONS INTO CONFORMITY WITH THE NUMBER ELECTED IN THE OTHER
21 BOROUGHS OF THE COMMONWEALTH NOT DIVIDED INTO WARDS. IN THE
22 THIRD AND ALL SUBSEQUENT MUNICIPAL ELECTIONS FOLLOWING SUCH
23 DECREE OF COURT, THE ELECTORS SHALL ELECT THREE OR FOUR
24 [COUNCILMEN] MEMBERS OF COUNCIL, AS THE CASE MAY BE, EACH TO
25 SERVE FOR A TERM OF FOUR YEARS FROM THE FIRST MONDAY OF JANUARY
26 FOLLOWING SUCH MUNICIPAL ELECTION.
27 IN ANY SUCH BOROUGH WHERE, UNDER THE WARD SYSTEM OF ELECTING
28 [COUNCILMEN] MEMBERS OF COUNCIL, THE COUNCIL SHALL HAVE BEEN SO
29 LARGE THAT THERE SHALL BE SEVEN OR MORE [COUNCILMEN] MEMBERS OF
30 COUNCIL WHOSE TERMS SHALL NOT EXPIRE ON THE FIRST MONDAY OF
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1 JANUARY FOLLOWING THE FIRST MUNICIPAL ELECTION AFTER SUCH
2 DECREE, NO [COUNCILMEN] MEMBERS OF COUNCIL SHALL BE ELECTED AT
3 SUCH FIRST MUNICIPAL ELECTION, AND THE [COUNCILMEN] MEMBERS OF
4 COUNCIL REMAINING IN OFFICE SHALL CONSTITUTE SUCH BOROUGH
5 COUNCIL UNTIL THE FIRST MONDAY OF JANUARY FOLLOWING THE SECOND
6 MUNICIPAL ELECTION FOLLOWING SUCH DECREE. AT SUCH SECOND
7 MUNICIPAL ELECTION, SEVEN [COUNCILMEN] MEMBERS OF COUNCIL SHALL
8 BE ELECTED IN SUCH BOROUGH, SOME TO SERVE FOR A FOUR-YEAR TERM
9 OF OFFICE FROM THE FIRST MONDAY OF JANUARY FOLLOWING SUCH SECOND
10 MUNICIPAL ELECTION, THE REMAINDER TO SERVE FOR A TWO-YEAR TERM,
11 THE NUMBER IN EACH CASE TO BE SUCH AS TO BRING THE NUMBER OF
12 [COUNCILMEN] MEMBERS OF COUNCIL TO BE ELECTED IN SUCH BOROUGH IN
13 SUCCEEDING ELECTIONS INTO CONFORMITY WITH THE NUMBER ELECTED IN
14 OTHER BOROUGHS OF THE COMMONWEALTH NOT DIVIDED IN TOWARDS.
15 THEREAFTER, AT THE THIRD AND ALL SUBSEQUENT MUNICIPAL ELECTIONS
16 FOLLOWING SUCH DECREE, THE ELECTORS SHALL ELECT THREE OR FOUR
17 [COUNCILMEN] MEMBERS OF COUNCIL, AS THE CASE MAY BE, EACH TO
18 SERVE FOR A TERM OF FOUR YEARS FROM THE FIRST MONDAY OF JANUARY
19 FOLLOWING SUCH SUBSEQUENT MUNICIPAL ELECTION.
20 (3) SIX OR FEWER [COUNCILMEN] MEMBERS OF COUNCIL, THE DECREE
21 SHALL BE MADE SO THAT AT THE FIRST MUNICIPAL ELECTION
22 THEREAFTER, THE ELECTORS SHALL ELECT A SUFFICIENT NUMBER OF
23 [COUNCILMEN] MEMBERS OF COUNCIL THAT, WHEN ADDED TO THE NUMBER
24 OF [COUNCILMEN] MEMBERS OF COUNCIL ALREADY IN OFFICE WHOSE TERMS
25 ARE NOT ABOUT TO EXPIRE, WILL BRING THE MEMBERSHIP OF COUNCIL TO
26 ITS FULL COMPLEMENT OF SEVEN. OF SUCH NEWLY ELECTED [COUNCILMEN]
27 MEMBERS OF COUNCIL, EITHER THREE OR FOUR, AS NECESSARY TO BRING
28 THE NUMBER OF [COUNCILMEN] MEMBERS OF COUNCIL TO BE ELECTED IN
29 SUCH BOROUGH IN SUCCEEDING MUNICIPAL ELECTIONS INTO CONFORMITY
30 WITH THE NUMBER ELECTED IN OTHER BOROUGHS OF THE COMMONWEALTH
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1 NOT DIVIDED INTO WARDS, SHALL BE ELECTED FOR FOUR-YEAR TERMS OF
2 OFFICE, BEGINNING THE FIRST MONDAY OF JANUARY FOLLOWING SUCH
3 FIRST MUNICIPAL ELECTION, AND THE BALANCE SHALL BE ELECTED FOR
4 TWO-YEAR TERMS. THEREAFTER, AT THE SECOND MUNICIPAL ELECTION
5 FOLLOWING SUCH DECREE AND AT ALL SUBSEQUENT MUNICIPAL ELECTIONS,
6 THE ELECTORS SHALL ELECT THREE OR FOUR [COUNCILMEN] MEMBERS OF
7 COUNCIL, AS THE CASE MAY BE, TO SERVE FOR A TERM OF FOUR YEARS
8 FROM THE FIRST MONDAY OF JANUARY FOLLOWING SUCH SUBSEQUENT
9 MUNICIPAL ELECTION.
10 IN ANY CASE WHERE A VACANCY MAY OCCUR, AT ANY TIME FOLLOWING
11 SUCH DECREE, IN THE OFFICE OF A [COUNCILMAN] MEMBER OF COUNCIL
12 ORIGINALLY ELECTED OR APPOINTED FROM A PARTICULAR WARD, THE
13 PERSON APPOINTED TO FILL SUCH VACANCY NEED NOT BE A RESIDENT OF
14 THE AREA FORMERLY COMPRISING SUCH WARD, BUT NEED ONLY BE A
15 REGISTERED ELECTOR OF THE BOROUGH.
16 SECTION 817. VACANCIES CREATED AFTER A PRIMARY ELECTION.--
17 WHENEVER A DECREE OF COURT IS MADE AFTER A PRIMARY ELECTION AND,
18 AS A RESULT THEREOF, A VACANCY IS CREATED IN THE OFFICE OF
19 [COUNCILMAN] MEMBER OF COUNCIL, IT MAY BE FILLED BY NOMINATION
20 MADE BY SUCH COMMITTEE AS IS AUTHORIZED BY THE RULES OF THE
21 PARTY TO MAKE NOMINATIONS IN THE EVENT OF VACANCIES ON THE PARTY
22 TICKET.
23 SECTION 8. SECTION 818 OF THE ACT, AMENDED MARCH 30, 1988
24 (P.L.309, NO.40), IS AMENDED TO READ:
25 SECTION 818. DECREASE IN NUMBER OF [COUNCILMEN] MEMBERS OF
26 COUNCIL.--THE COURT OF COMMON PLEAS MAY, UPON PETITION OF AT
27 LEAST FIVE PERCENT OF THE REGISTERED ELECTORS OF ANY BOROUGH,
28 WHICH, ACCORDING TO THE LATEST OFFICIAL CENSUS, HAD A POPULATION
29 OF NOT MORE THAN THREE THOUSAND, REDUCE THE TOTAL NUMBER OF
30 [COUNCILMEN] MEMBERS OF COUNCIL FOR SUCH BOROUGH FROM SEVEN TO
20010H0665B1875 - 12 -
1 FIVE OR TO THREE. THE SUFFICIENCY OF THE NUMBER OF SIGNERS TO
2 ANY SUCH PETITION SHALL BE ASCERTAINED AS OF THE DATE WHEN THE
3 PETITION IS PRESENTED TO COURT.
4 THE COURT SHALL GIVE NOTICE OF THE FILING OF SUCH PETITION BY
5 ADVERTISEMENT IN THE LEGAL JOURNAL OF THE COUNTY, IF ONE IS
6 PUBLISHED IN THE COUNTY, AND IN ONE NEWSPAPER OF GENERAL
7 CIRCULATION IN THE BOROUGH, AND IN SUCH NOTICE SHALL FIX A DAY
8 AND TIME FOR HEARING. AFTER SUCH HEARING, THE COURT MAY DECREASE
9 THE NUMBER OF [COUNCILMEN] MEMBERS OF COUNCIL ELECTED IN SUCH
10 BOROUGH FROM SEVEN TO FIVE OR THREE, AS REQUESTED IN THE
11 PETITION.
12 AT THE MUNICIPAL ELECTION FOLLOWING THE DECREASE IN THE
13 NUMBER OF [COUNCILMEN] MEMBERS OF COUNCIL IN SUCH BOROUGH, FROM
14 SEVEN TO FIVE, IF FOUR [COUNCILMEN] MEMBERS OF COUNCIL WOULD
15 OTHERWISE HAVE BEEN ELECTED, THERE SHALL INSTEAD BE ELECTED
16 THREE [COUNCILMEN] MEMBERS OF COUNCIL; IF THREE [COUNCILMEN]
17 MEMBERS OF COUNCIL WOULD OTHERWISE HAVE BEEN ELECTED THERE SHALL
18 INSTEAD BE ELECTED TWO [COUNCILMEN] MEMBERS OF COUNCIL. AT THE
19 SECOND MUNICIPAL ELECTION FOLLOWING THE DECREASE IN THE NUMBER
20 OF [COUNCILMEN] MEMBERS OF COUNCIL IN SUCH BOROUGH, IF FOUR
21 [COUNCILMEN] MEMBERS OF COUNCIL WOULD OTHERWISE HAVE BEEN
22 ELECTED, THERE SHALL INSTEAD BE ELECTED THREE [COUNCILMEN]
23 MEMBERS OF COUNCIL; IF THREE [COUNCILMEN] MEMBERS OF COUNCIL
24 WOULD OTHERWISE HAVE BEEN ELECTED, THERE SHALL BE ELECTED TWO
25 [COUNCILMEN] MEMBERS OF COUNCIL. AT ALL FOLLOWING MUNICIPAL
26 ELECTIONS, THERE SHALL BE ELECTED THE PROPER NUMBER OF
27 [COUNCILMEN] MEMBERS OF COUNCIL TO CORRESPOND TO THE NUMBER OF
28 [COUNCILMEN] MEMBERS OF COUNCIL WHOSE TERMS ARE TO EXPIRE THE
29 FIRST MONDAY OF THE FOLLOWING JANUARY.
30 AT THE MUNICIPAL ELECTION FOLLOWING THE DECREASE IN THE
20010H0665B1875 - 13 -
1 NUMBER OF [COUNCILMEN] MEMBERS OF COUNCIL IN SUCH BOROUGH FROM
2 SEVEN TO THREE, IF FOUR [COUNCILMEN] MEMBERS OF COUNCIL WOULD
3 OTHERWISE HAVE BEEN ELECTED THERE SHALL INSTEAD BE ELECTED TWO
4 [COUNCILMEN] MEMBERS OF COUNCIL; IF THREE [COUNCILMEN] MEMBERS
5 OF COUNCIL WOULD OTHERWISE HAVE BEEN ELECTED THERE SHALL INSTEAD
6 BE ELECTED ONE [COUNCILMAN] MEMBER OF COUNCIL. AT THE SECOND
7 MUNICIPAL ELECTION FOLLOWING THE DECREASE IN THE NUMBER OF
8 [COUNCILMEN] MEMBERS OF COUNCIL IN SUCH BOROUGH, IF FOUR
9 [COUNCILMEN] MEMBERS OF COUNCIL WOULD OTHERWISE HAVE BEEN
10 ELECTED, THERE SHALL INSTEAD BE ELECTED TWO [COUNCILMEN] MEMBERS
11 OF COUNCIL; IF THREE [COUNCILMEN] MEMBERS OF COUNCIL WOULD
12 OTHERWISE HAVE BEEN ELECTED, THERE SHALL BE ELECTED ONE
13 [COUNCILMAN] MEMBER OF COUNCIL. AT ALL THE FOLLOWING MUNICIPAL
14 ELECTIONS, THERE SHALL BE ELECTED THE PROPER NUMBER OF
15 [COUNCILMEN] MEMBERS OF COUNCIL TO CORRESPOND TO THE NUMBER OF
16 [COUNCILMEN] MEMBERS OF COUNCIL WHOSE TERMS ARE TO EXPIRE THE
17 FIRST MONDAY OF THE FOLLOWING JANUARY.
18 IN ANY BOROUGH WHERE, UNDER THE PROVISIONS OF THIS SECTION,
19 THE NUMBER OF [COUNCILMEN] MEMBERS OF COUNCIL SHALL BE REDUCED,
20 THE [COUNCILMEN] MEMBERS OF COUNCIL THEN IN OFFICE SHALL REMAIN
21 IN OFFICE UNTIL THE END OF THEIR RESPECTIVE TERMS. IF ANY SUCH
22 BOROUGH SHALL THEREAFTER ATTAIN A POPULATION IN EXCESS OF THREE
23 THOUSAND, ACCORDING TO THE LATEST OFFICIAL CENSUS, THE NUMBER OF
24 [COUNCILMEN] MEMBERS OF COUNCIL SHALL AUTOMATICALLY BE INCREASED
25 FROM THREE OR FIVE TO SEVEN, FOLLOWING THE REVERSE OF THE
26 PROCEDURE SET FORTH IN THE THIRD OR FOURTH PARAGRAPH OF THIS
27 SECTION, AS THE CASE MAY BE.
28 SECTION 9. SECTIONS 903 AND 904 OF THE ACT ARE AMENDED TO
29 READ:
30 SECTION 903. RIGHT OF COUNCIL TO DECLARE SEAT OF
20010H0665B1875 - 14 -
1 [COUNCILMEN] MEMBER VACANT FOR FAILURE TO QUALIFY.--IF ANY
2 PERSON, ELECTED OR APPOINTED AS A MEMBER OF COUNCIL, WHO HAS
3 BEEN NOTIFIED OF [HIS] ELECTION OR APPOINTMENT, SHALL REFUSE OR
4 NEGLECT TO QUALIFY AS SUCH MEMBER OF COUNCIL WITHIN TEN DAYS
5 NEXT SUCCEEDING THE BEGINNING OF [HIS] THE PERSON'S TERM OF
6 OFFICE, UNLESS PREVENTED BY SICKNESS OR PREVENTED BY NECESSARY
7 ABSENCE FROM THE BOROUGH, THE BOROUGH COUNCIL, ACTING WITHOUT
8 SUCH PERSON, MAY DECLARE [HIS] THE PERSON'S OFFICE AS MEMBER OF
9 COUNCIL VACANT, AND MAY FILL SUCH VACANCY AS PROVIDED IN SECTION
10 901 OF THIS ACT. FOR SUCH ACTIONS A MAJORITY OF THE REMAINING
11 MEMBERS OF THE COUNCIL SHALL CONSTITUTE A QUORUM.
12 SECTION 904. RIGHT OF COUNCIL TO DECLARE SEAT OF
13 [COUNCILMAN] MEMBER VACANT FOR FAILURE TO ATTEND MEETINGS,
14 ETC.--IF ANY PERSON, HAVING QUALIFIED AS A MEMBER OF COUNCIL,
15 SHALL NEGLECT OR REFUSE TO ATTEND TWO SUCCESSIVE REGULAR
16 MEETINGS UNLESS DETAINED BY SICKNESS, OR PREVENTED BY NECESSARY
17 ABSENCE FROM THE BOROUGH, OR IF IN ATTENDANCE AT ANY MEETINGS
18 SHALL NEGLECT OR REFUSE TO VOTE OR BY [HIS] WITHDRAWAL FROM
19 COUNCIL OR OTHERWISE REFUSE TO ACT IN [HIS] THE PERSON'S
20 OFFICIAL CAPACITY AS A MEMBER OF COUNCIL, THE BOROUGH COUNCIL,
21 ACTING WITHOUT SUCH PERSON, MAY DECLARE [HIS] THE PERSON'S
22 OFFICE AS A MEMBER OF COUNCIL VACANT, AND MAY FILL SUCH VACANCY
23 AS PROVIDED IN SECTION 901 OF THIS ACT. FOR SUCH ACTIONS A
24 MAJORITY OF THE REMAINING MEMBERS OF THE COUNCIL SHALL
25 CONSTITUTE A QUORUM.
26 NO SUCH OFFICE SHALL BE DECLARED VACANT FOR FAILURE TO ATTEND
27 MEETINGS OF THE COUNCIL UNTIL THE HOLDER THEREOF SHALL HAVE BEEN
28 GIVEN OPPORTUNITY OF HEARING BEFORE THE REMAINING MEMBERS OF THE
29 COUNCIL, AT WHICH TIME HE SHALL SHOW CAUSE WHY HE SHALL NOT BE
30 REMOVED. HE SHALL BE GIVEN AT LEAST TEN DAYS' WRITTEN NOTICE OF
20010H0665B1875 - 15 -
1 THE TIME AND PLACE OF SUCH HEARING.
2 SECTION 10. SECTION 1001 OF THE ACT, AMENDED OCTOBER 31,
3 1995 (P.L.346, NO.58), IS AMENDED TO READ:
4 SECTION 1001. ORGANIZATION OF COUNCIL; QUORUM; COMPENSATION;
5 ELIGIBILITY.--THE BOROUGH COUNCIL SHALL ORGANIZE ON THE FIRST
6 MONDAY OF JANUARY OF EACH EVEN-NUMBERED YEAR, BY ELECTING ONE OF
7 THEIR NUMBER AS PRESIDENT AND ONE OF THEIR NUMBER AS VICE-
8 PRESIDENT, WHO SHALL HOLD SUCH OFFICES AT THE PLEASURE OF THE
9 COUNCIL. IF THE FIRST MONDAY IS A LEGAL HOLIDAY, THE MEETING AND
10 ORGANIZATION SHALL TAKE PLACE THE FIRST DAY FOLLOWING. ANY
11 ACTION TAKEN BY ANY BOROUGH COUNCIL AT ANY TIME BETWEEN 12:01
12 O'CLOCK ANTE MERIDIAN ON JANUARY 1 OF AN EVEN-NUMBERED YEAR AND
13 THE ORGANIZATION OF COUNCIL IN THAT YEAR SHALL BE SUBJECT TO
14 RECONSIDERATION BY THE NEW COUNCIL AT ANY TIME WITHIN TEN DAYS
15 AFTER SUCH ORGANIZATION. THE COUNCIL MAY AT THE ORGANIZATION
16 MEETING ELECT SUCH OTHER OFFICERS AS MAY BE PROVIDED FOR BY LAW
17 OR ORDINANCE, OR AS MAY BE DEEMED NECESSARY FOR THE CONDUCT OF
18 AFFAIRS OF THE BOROUGH AND MAY TRANSACT SUCH OTHER BUSINESS AS
19 MAY COME BEFORE THE MEETING. THE PRESIDENT, AND DURING [HIS] THE
20 PRESIDENT'S ABSENCE OR INCAPACITY THE VICE-PRESIDENT, SHALL
21 PRESIDE OVER THE MEETINGS OF COUNCIL AND PERFORM SUCH OTHER
22 DUTIES AS ARE PRESCRIBED BY THIS ACT OR BY ORDINANCE. A MAJORITY
23 OF THE MEMBERSHIP OF COUNCIL THEN IN OFFICE SHALL CONSTITUTE A
24 QUORUM. [COUNCILMEN] MEMBERS OF COUNCIL MAY RECEIVE COMPENSATION
25 TO BE FIXED BY ORDINANCE AT ANY TIME AND FROM TIME TO TIME AS
26 FOLLOWS: IN BOROUGHS WITH A POPULATION OF LESS THAN FIVE
27 THOUSAND, A MAXIMUM OF EIGHTEEN HUNDRED SEVENTY-FIVE DOLLARS
28 ($1875) A YEAR; IN BOROUGHS WITH A POPULATION OF FIVE THOUSAND
29 OR MORE BUT LESS THAN TEN THOUSAND, A MAXIMUM OF TWO THOUSAND
30 FIVE HUNDRED DOLLARS ($2500) A YEAR; IN BOROUGHS WITH A
20010H0665B1875 - 16 -
1 POPULATION OF TEN THOUSAND OR MORE BUT LESS THAN FIFTEEN
2 THOUSAND, A MAXIMUM OF THREE THOUSAND TWO HUNDRED FIFTY DOLLARS
3 ($3250) A YEAR; IN BOROUGHS WITH A POPULATION OF FIFTEEN
4 THOUSAND OR MORE BUT LESS THAN TWENTY-FIVE THOUSAND, A MAXIMUM
5 OF FOUR THOUSAND ONE HUNDRED TWENTY-FIVE DOLLARS ($4125) A YEAR;
6 IN BOROUGHS WITH A POPULATION OF TWENTY-FIVE THOUSAND OR MORE
7 BUT LESS THAN THIRTY-FIVE THOUSAND, A MAXIMUM OF FOUR THOUSAND
8 THREE HUNDRED SEVENTY-FIVE DOLLARS ($4375) A YEAR; AND IN
9 BOROUGHS WITH A POPULATION OF THIRTY-FIVE THOUSAND OR MORE, A
10 MAXIMUM OF FIVE THOUSAND DOLLARS ($5000) A YEAR. SUCH SALARIES
11 SHALL BE PAYABLE MONTHLY OR QUARTERLY FOR THE DUTIES IMPOSED BY
12 THE PROVISIONS OF THIS ACT.
13 THE POPULATION SHALL BE DETERMINED BY THE LATEST AVAILABLE
14 OFFICIAL CENSUS FIGURES. IN NO CASE SHALL THE COMPENSATION FOR
15 ANY [COUNCILMAN] MEMBER OF COUNCIL EXCEED THAT OF THE MAYOR IN
16 ANY GIVEN BOROUGH: PROVIDED, HOWEVER, THAT WHEREVER THE MAYOR'S
17 COMPENSATION EXCEEDS THAT AUTHORIZED BY THIS SECTION FOR
18 [COUNCILMEN] MEMBERS OF COUNCIL, THE PRESIDENT OF COUNCIL MAY
19 RECEIVE COMPENSATION NOT TO EXCEED THAT OF THE OFFICE OF MAYOR.
20 SECTION 11. SECTIONS 1002, 1003, 1004 AND 1005(7) OF THE ACT
21 ARE AMENDED TO READ:
22 SECTION 1002. OATH OF (COUNCILMEN] MEMBERS OF COUNCIL.--
23 BEFORE ENTERING UPON THE DUTIES OF THEIR OFFICE, THE
24 [COUNCILMEN] MEMBERS OF COUNCIL SHALL TAKE AND SUBSCRIBE AN OATH
25 OR AFFIRMATION TO SUPPORT THE CONSTITUTION OF THE UNITED STATES
26 AND OF THE COMMONWEALTH OF PENNSYLVANIA AND TO PERFORM THE
27 DUTIES OF THEIR OFFICE WITH FIDELITY, TOGETHER WITH SUCH LOYALTY
28 OATH AS IS PRESCRIBED AND REQUIRED BY LAW. THE OATH OR
29 AFFIRMATION MAY BE TAKEN BEFORE ANY JUDGE OR JUSTICE OF THE
30 PEACE OF THE COUNTY, OR BEFORE THE MAYOR OF THE BOROUGH WHEN HE
20010H0665B1875 - 17 -
1 HAS QUALIFIED, AND SHALL BE FILED WITH THE BOROUGH SECRETARY AND
2 BE PRESERVED AMONG THE RECORDS OF THE BOROUGH FOR A PERIOD OF
3 SIX YEARS.
4 SECTION 1003. WHEN THE MAYOR MAY PRESIDE OVER COUNCIL AND
5 VOTE; ATTENDANCE OF MAYOR AT COUNCIL MEETINGS; BREAKING TIE
6 VOTES.--THE MAYOR SHALL PRESIDE OVER THE ORGANIZATION OF THE
7 COUNCIL, UNTIL IT IS ORGANIZED AS PROVIDED IN SECTION 1001, AND
8 HE SHALL BE DEEMED A MEMBER OF COUNCIL AT THE ORGANIZATION
9 MEETING IF HIS MEMBERSHIP BECOMES NECESSARY TO CONSTITUTE A
10 QUORUM, BUT HE SHALL NOT VOTE THEREAT UNLESS HIS VOTE SHALL, FOR
11 ANY REASON WHATSOEVER, BE REQUIRED TO EFFECT THE ORGANIZATION OF
12 COUNCIL, OR TO ELECT ANY OFFICER WHO IS REQUIRED TO BE OR MAY BE
13 ELECTED AT THE ORGANIZATION MEETING. IN CASE OF THE ABSENCE OF
14 THE MAYOR AT THE ORGANIZATION MEETING, ONE OF THE MEMBERS OF
15 COUNCIL, CHOSEN BY THE MEMBERS PRESENT AT THE MEETING, SHALL
16 PRESIDE.
17 THE MAYOR MAY ATTEND ANY OR ALL REGULAR AND SPECIAL MEETINGS
18 OF COUNCIL AND MAY TAKE PART IN THE DISCUSSIONS OF THE COUNCIL
19 ON MATTERS PERTAINING TO BOROUGH AFFAIRS, SUBJECT TO ANY
20 RESTRICTIONS APPLICABLE TO [COUNCILMEN] MEMBERS OF COUNCIL
21 CONTAINED IN THE RULES OF ORDER OR BYLAWS OF THE COUNCIL. IN ALL
22 CASES WHERE, BY REASON OF A TIE OR SPLIT VOTE, THE COUNCIL OF
23 ANY BOROUGH SHALL BE UNABLE TO ENACT OR PASS ANY ORDINANCE,
24 RESOLUTION, OR MOTION, OR TO DECLARE OR FILL ANY VACANCY IN ITS
25 MEMBERSHIP, OR IN ANY OTHER BOROUGH OFFICE, OR TO TAKE ANY
26 ACTION ON ANY MATTER LAWFULLY BROUGHT BEFORE IT, THE MAYOR, IF
27 IN ATTENDANCE AT THE MEETING, MAY AT HIS OPTION CAST THE
28 DECIDING VOTE, OR REQUEST THAT THE MATTER BE TABLED UNTIL A
29 SPECIAL MEETING OF COUNCIL TO BE HELD WITHIN NOT LESS THAN FIVE
30 DAYS OR MORE THAN TEN DAYS AT WHICH TIME THE MATTER SHALL BE
20010H0665B1875 - 18 -
1 RECONSIDERED BY COUNCIL AND, IF A TIE OR SPLIT VOTE STILL
2 EXISTS, IT SHALL BE THE DUTY OF THE MAYOR AT THAT TIME TO CAST
3 THE DECIDING VOTE. IF SUCH A TIE OR SPLIT VOTE SHALL OCCUR AT
4 ANY MEETING WHEN THE MAYOR IS NOT IN ATTENDANCE THE MATTER SHALL
5 BE TABLED TO A SPECIAL MEETING TO BE HELD WITHIN NOT LESS THAN
6 FIVE DAYS OR MORE THAN TEN DAYS AS SET BY THE PRESIDENT OF
7 COUNCIL, AND THE MAYOR SHALL BE GIVEN AT LEAST FIVE DAYS' NOTICE
8 OF SUCH MEETING, AT WHICH MEETING IT SHALL BE THE DUTY OF THE
9 MAYOR TO CAST THE TIE-BREAKING VOTE.
10 SECTION 1004. FAILURE OF COUNCIL TO ORGANIZE.--IF THE
11 COUNCIL OF ANY BOROUGH SHALL FAIL TO ORGANIZE WITHIN TEN DAYS
12 FROM THE TIME PRESCRIBED IN THIS ARTICLE, THE COURT OF [QUARTER
13 SESSIONS] COMMON PLEAS, UPON THE PETITION OF AT LEAST TEN
14 REGISTERED ELECTORS OF THE BOROUGH VERIFIED BY THE AFFIDAVIT OF
15 ONE OF THE PETITIONERS, SHALL ISSUE A RULE UPON THE DELINQUENT
16 [COUNCILMEN] MEMBERS OF COUNCIL TO SHOW CAUSE WHY THEIR SEATS
17 SHOULD NOT BE DECLARED VACANT. THE RULE SHALL BE RETURNABLE NOT
18 LESS THAN FIVE DAYS FROM THE TIME OF ITS ISSUE AND, AFTER
19 HEARING, THE COURT MAY DECLARE THE SEATS OF SUCH [COUNCILMEN]
20 MEMBERS OF COUNCIL, AS ARE RESPONSIBLE FOR SUCH FAILURE TO
21 ORGANIZE, VACANT, AND SHALL THEREUPON APPOINT OTHERS IN THEIR
22 STEAD, WHO SHALL HOLD OFFICE FOR THE RESPECTIVE UNEXPIRED TERMS.
23 SECTION 1005. POWERS OF COUNCIL.--THE COUNCIL OF THE BOROUGH
24 SHALL HAVE POWER:
25 * * *
26 (7) TO PROVIDE BY ORDINANCE PASSED BY A TWO-THIRDS VOTE OF
27 THE ENTIRE NUMBER OF [COUNCILMEN] MEMBERS OF COUNCIL ELECTED,
28 FOR THE APPOINTMENT OF AN INDEPENDENT AUDITOR WHO SHALL BE A
29 CERTIFIED PUBLIC ACCOUNTANT, REGISTERED IN PENNSYLVANIA, A FIRM
30 OF CERTIFIED PUBLIC ACCOUNTANTS SO REGISTERED OR A COMPETENT
20010H0665B1875 - 19 -
1 PUBLIC ACCOUNTANT OR A COMPETENT FIRM OF PUBLIC ACCOUNTANTS.
2 WHERE SUCH AN ORDINANCE HAS BEEN SO ADOPTED, AN INDEPENDENT
3 AUDITOR SHALL BE APPOINTED, ANNUALLY, BY RESOLUTION BEFORE THE
4 CLOSE OF A FISCAL YEAR, TO MAKE AN INDEPENDENT EXAMINATION OF
5 THE ACCOUNTING RECORDS OF THE BOROUGH FOR SUCH FISCAL YEAR AND
6 SUCH INDEPENDENT AUDITOR SHALL ALSO PERFORM THE OTHER DUTIES AND
7 EXERCISE THE POWERS AS CONFERRED UPON HIM BY SUBDIVISION (K) OF
8 ARTICLE XI OF THIS ACT. WHEN AN INDEPENDENT AUDITOR IS APPOINTED
9 AS HEREIN PROVIDED, THE OFFICE OF ELECTED BOROUGH AUDITOR OR
10 CONTROLLER, AS THE CASE MAY BE, IS THEREBY ABOLISHED ALTHOUGH
11 THE BOROUGH AUDITORS, OR CONTROLLER, THEN IN OFFICE SHALL
12 CONTINUE TO HOLD THEIR OFFICE DURING THE TERM FOR WHICH ELECTED
13 AND THE BOROUGH AUDITORS OR CONTROLLER SHALL NOT AUDIT, SETTLE,
14 OR ADJUST THE ACCOUNTS AUDITED BY SUCH INDEPENDENT AUDITOR BUT
15 SHALL PERFORM THE OTHER DUTIES OF THEIR OFFICE.
16 WHENEVER ANY BOROUGH HAS PROVIDED BY ORDINANCE FOR THE AUDIT
17 OF ITS ACCOUNTS BY AN APPOINTED AUDITOR, THE BOROUGH SHALL HAVE
18 THE RIGHT AT ANY TIME TO REPEAL SAID ORDINANCE, AND THEREUPON
19 THE OFFICE OF APPOINTED AUDITOR SHALL BE ABOLISHED, AS OF THE
20 DATE SET IN SUCH ORDINANCE AND SAID BOROUGH SHALL HAVE THE
21 FURTHER RIGHT AT THE NEXT MUNICIPAL ELECTION FOLLOWING THE
22 REPEAL OF SAID ORDINANCE TO ELECT THREE AUDITORS, ONE FOR A TERM
23 OF TWO YEARS, ONE FOR A TERM OF FOUR YEARS, AND ONE FOR A TERM
24 OF SIX YEARS, FROM THE FIRST MONDAY OF JANUARY SUCCEEDING SUCH
25 ELECTION, WHICH AUDITORS SO ELECTED SHALL SUCCEED THE APPOINTED
26 AUDITOR AND SHALL HAVE AND POSSESS ALL THE POWERS AND PERFORM
27 ALL THE DUTIES PROVIDED IN THIS ACT FOR ELECTED AUDITORS. IF AT
28 ANY TIME AFTER THE EFFECTIVE DATE OF ANY SUCH ORDINANCE
29 ABOLISHING THE OFFICE OF APPOINTED AUDITOR, THERE SHALL BE A
30 VACANCY IN THE OFFICE OF ELECTED AUDITOR, COUNCIL 3SHALL FILL
20010H0665B1875 - 20 -
1 SUCH VACANCIES IN THE MANNER PRESCRIBED IN SECTION 901 OF THIS
2 ACT.
3 * * *
4 SECTION 12. SECTION 1030 OF THE ACT, AMENDED DECEMBER 17,
5 1990 (P.L.739, NO.184), IS AMENDED TO READ:
6 SECTION 1030. WHEN PRESIDENT OR VICE-PRESIDENT OF COUNCIL TO
7 ACT AS MAYOR.--WHENEVER THE MAYOR IS ABSENT OR INCAPACITATED, OR
8 THERE IS A VACANCY IN THE OFFICE, THE DUTIES OF THE OFFICE SHALL
9 BE DISCHARGED BY THE PRESIDENT OF COUNCIL, OR IN THE ABSENCE OR
10 INCAPACITY OF THE PRESIDENT OF COUNCIL, OR WHERE THERE IS A
11 VACANCY IN THE OFFICE, BY THE VICE-PRESIDENT OF COUNCIL. WHILE
12 DISCHARGING THE DUTIES OF MAYOR, THE PRESIDENT OR VICE-PRESIDENT
13 OF COUNCIL SHALL BE ENTITLED TO THE SAME SALARY AS THE MAYOR
14 WOULD RECEIVE, AND, DURING THE TIME SUCH SALARY IS PAID TO THE
15 PRESIDENT OR VICE-PRESIDENT OF COUNCIL AS ACTING MAYOR, THE
16 MAYOR SHALL NOT BE PAID COMPENSATION. THE PRESIDENT OR VICE-
17 PRESIDENT OF COUNCIL, WHEN ACTING AS MAYOR, SHALL HAVE POWER TO
18 VETO ANY PROPOSED ORDINANCE OR TO BREAK A TIE, BUT SHALL NOT
19 HAVE POWER TO VOTE AS [COUNCILMAN] A MEMBER OF COUNCIL.
20 SECTION 13. SECTION 1053 OF THE ACT, AMENDED APRIL 11, 1974
21 (P.L.255, NO.64), IS AMENDED TO READ:
22 Section 1053. Compensation of Auditors.--[Each auditor shall
23 receive no less than fifteen dollars ($15) or more than thirty
24 dollars ($30), as council may determine, per day for each day
25 necessarily employed in the discharge of his duties, to be paid
26 by the borough. A day shall consist of not less than five hours
27 in the aggregate.] (a) Subject to the limitations set forth in
28 subsection (b), each auditor shall receive no less than five
29 dollars ($5) nor more than ten dollars ($10), as council may
30 determine, per hour for each hour or portion thereof necessarily
20010H0665B1875 - 21 -
1 employed in the discharge of his duties, to be paid by the
2 borough.
3 (b) No auditor in a borough having a population of ten
4 thousand or less shall be entitled to receive more than one
5 thousand dollars ($1000) for completing the annual audit,
6 settlement and adjustment. No auditor in a borough having a
7 population in excess of ten thousand shall be entitled to
8 receive more than two thousand dollars ($2000) for completing
9 the annual audit, settlement and adjustment.
10 (c) Each auditor shall be reimbursed for travel costs
11 incurred in the performance of the auditing duties at the rate
12 established by the borough council under the act of July 20,
13 1979 (P.L.156, No.51), referred to as the Uniform Mileage Fee
14 Law, and for other ACTUAL expenses, including postage, notary <--
15 fees or publication costs, NECESSARILY incurred during the <--
16 audit.
17 Section 2. This act shall take effect in 60 days. <--
18 SECTION 14. SECTION 1104 OF THE ACT, AMENDED MARCH 28, 1990 <--
19 (P.L.82, NO.18), IS AMENDED TO READ:
20 SECTION 1104. APPOINTMENTS; INCOMPATIBLE OFFICES.--UNLESS
21 THERE IS INCOMPATIBILITY IN FACT, ANY ELECTIVE OR APPOINTIVE
22 OFFICER OF THE BOROUGH SHALL BE ELIGIBLE TO SERVE ON ANY BOARD,
23 COMMISSION, BUREAU OR OTHER AGENCY CREATED BY OR FOR THE
24 BOROUGH, OR ANY BOROUGH OFFICE CREATED OR AUTHORIZED BY STATUTE
25 AND MAY ACCEPT APPOINTMENTS THEREUNDER, BUT NO MAYOR OR
26 [COUNCILMAN] MEMBER OF COUNCIL SHALL RECEIVE COMPENSATION
27 THEREFOR. NO ELECTED BOROUGH OFFICIAL OF A BOROUGH WITH A
28 POPULATION OF 3,000 OR MORE MAY SERVE AS AN EMPLOYE OF THAT
29 BOROUGH. WHERE THERE IS NO INCOMPATIBILITY IN FACT, AND SUBJECT
30 TO THE FOREGOING PROVISIONS AS TO COMPENSATION, APPOINTEES OF
20010H0665B1875 - 22 -
1 COUNCIL MAY HOLD TWO OR MORE APPOINTIVE BOROUGH OFFICES, BUT NO
2 MAYOR OR MEMBER OF COUNCIL MAY SERVE AS BOROUGH MANAGER OR AS
3 SECRETARY OR TREASURER. NO PERSON HOLDING THE OFFICE OF JUSTICE
4 OF THE PEACE MAY AT THE SAME TIME HOLD THE OFFICE OF BOROUGH
5 TREASURER. THE OFFICES OF SECRETARY AND TREASURER MAY BE HELD BY
6 THE SAME PERSON WHEN SO AUTHORIZED BY ORDINANCE. NOTHING HEREIN
7 CONTAINED SHALL AFFECT THE ELIGIBILITY OF ANY BOROUGH OFFICIAL
8 TO HOLD ANY OTHER PUBLIC OFFICE OR RECEIVE COMPENSATION
9 THEREFOR. ALL APPOINTMENTS TO BE MADE BY THE COUNCIL OR THE
10 CORPORATE AUTHORITIES SHALL BE MADE BY A MAJORITY OF THE MEMBERS
11 OF COUNCIL ATTENDING THE MEETING AT WHICH THE APPOINTMENT IS
12 MADE, UNLESS A DIFFERENT VOTE IS REQUIRED BY STATUTE.
13 SECTION 15. SECTIONS 1194 AND 1404 OF THE ACT ARE AMENDED TO
14 READ:
15 SECTION 1194. PENALTY.--ANY [COUNCILMAN] MEMBER OF COUNCIL
16 WHO, BY HIS VOTE, CAUSES TO BE APPOINTED ANY PERSON TO THE
17 POLICE FORCE OR AS A FIRE APPARATUS OPERATOR CONTRARY TO THE
18 PROVISIONS OF THIS SUBDIVISION, OR ANY [COUNCILMAN] MEMBER OF
19 COUNCIL OR MEMBER OF THE COMMISSION WHO WILFULLY REFUSES TO
20 COMPLY WITH, OR CONFORM TO, THE PROVISIONS OF SUBDIVISION (J) OF
21 THIS ARTICLE, SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND UPON
22 CONVICTION THEREOF, SHALL BE SENTENCED TO PAY A FINE NOT
23 EXCEEDING ONE HUNDRED DOLLARS ($100), OR SUFFER IMPRISONMENT NOT
24 EXCEEDING THREE MONTHS, OR BOTH.
25 SECTION 1404. PENALTY FOR PERSONAL INTEREST IN CONTRACTS OR
26 PURCHASES.--EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, NO BOROUGH
27 OFFICIAL EITHER ELECTED OR APPOINTED, WHO KNOWS OR WHO BY THE
28 EXERCISE OF REASONABLE DILIGENCE COULD KNOW, SHALL BE INTERESTED
29 TO ANY APPRECIABLE DEGREE EITHER DIRECTLY OR INDIRECTLY IN ANY
30 PURCHASE MADE OR CONTRACT ENTERED INTO OR EXPENDITURE OF MONEY
20010H0665B1875 - 23 -
1 MADE BY THE BOROUGH OR RELATING TO THE BUSINESS OF THE BOROUGH,
2 INVOLVING THE EXPENDITURE BY THE BOROUGH OF MORE THAN ONE
3 THOUSAND DOLLARS ($1000) IN ANY CALENDAR YEAR, BUT THIS
4 LIMITATION SHALL NOT APPLY TO CASES WHERE SUCH OFFICER OR
5 APPOINTEE OF THE BOROUGH IS AN EMPLOYE OF THE PERSON, FIRM OR
6 CORPORATION TO WHICH THE MONEY IS TO BE PAID IN A CAPACITY WITH
7 NO POSSIBLE INFLUENCE ON THE TRANSACTION, AND IN WHICH HE CANNOT
8 BE POSSIBLY BENEFITED THEREBY EITHER FINANCIALLY OR OTHERWISE.
9 BUT IN THE CASE OF A [COUNCILMAN] MEMBER OF COUNCIL OR MAYOR, IF
10 HE KNOWS THAT HE IS WITHIN THE EXCEPTION JUST MENTIONED HE SHALL
11 SO INFORM COUNCIL AND SHALL REFRAIN FROM VOTING ON THE
12 EXPENDITURE OR ANY ORDINANCE RELATING THERETO, AND SHALL IN NO
13 MANNER PARTICIPATE THEREIN. ANY OFFICIAL OR APPOINTEE WHO SHALL
14 KNOWINGLY VIOLATE THE PROVISIONS OF THIS SECTION SHALL BE
15 SUBJECT TO SURCHARGE TO THE EXTENT OF THE DAMAGE SHOWN TO BE
16 THEREBY SUSTAINED BY THE BOROUGH AND TO OUSTER FROM OFFICE, AND
17 SHALL BE GUILTY OF A MISDEMEANOR, AND UPON CONVICTION THEREOF
18 SHALL BE SENTENCED TO PAY A FINE NOT EXCEEDING ONE THOUSAND
19 DOLLARS ($1000), OR NOT EXCEEDING ONE HUNDRED EIGHTY DAYS'
20 IMPRISONMENT, OR BOTH.
21 SECTION 16. SECTION 3103 OF THE ACT, AMENDED OCTOBER 9, 1967
22 (P.L.399, NO.181), IS AMENDED TO READ:
23 SECTION 3103. OATHS OF MEMBERS, SECRETARY AND HEALTH
24 OFFICER; ORGANIZATION; BONDS.--THE MEMBERS OF THE BOARD SHALL
25 SEVERALLY TAKE AND SUBSCRIBE TO THE OATH PRESCRIBED FOR BOROUGH
26 [COUNCILMEN] MEMBERS OF COUNCIL TOGETHER WITH SUCH LOYALTY OATH
27 AS IS PRESCRIBED AND REQUIRED BY LAW; AND SHALL ANNUALLY
28 ORGANIZE BY ELECTING A PRESIDENT FROM AMONG THE MEMBERS OF THE
29 BOARD, A SECRETARY WHO MAY OR MAY NOT BE A MEMBER OF THE BOARD,
30 AND A HEALTH OFFICER SHALL RECEIVE SUCH SALARY AS MAY BE FIXED
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1 BY THE BOARD, AND RATIFIED BY THE BOROUGH COUNCIL, AND SHALL
2 SERVE FOR A PERIOD UNTIL SUCH TIME AS THEIR SUCCESSORS MAY BE
3 ELECTED AND QUALIFIED. IF THE BOROUGH COUNCIL SHALL SO REQUIRE,
4 THEY SHALL SEVERALLY GIVE BOND TO THE BOROUGH IN SUCH SUMS AS
5 COUNCIL SHALL PRESCRIBE FOR THE FAITHFUL DISCHARGE OF THEIR
6 DUTIES. THEY SHALL TAKE AND SUBSCRIBE TO THE OATHS REQUIRED OF
7 MEMBERS OF THE BOARD.
8 SECTION 17. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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