PRINTER'S NO. 648
No. 617 Session of 1997
INTRODUCED BY DELP, AFFLERBACH, WENGER AND HELFRICK,
MARCH 4, 1997
REFERRED TO LOCAL GOVERNMENT, MARCH 4, 1997
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," authorizing
4 an elected borough official to volunteer services to borough
5 and receive workers' compensation coverage.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 1104 of the act of February 1, 1966 (1965
9 P.L.1656, No.581), known as The Borough Code, amended March 28,
10 1990 (P.L.82, No.18), is amended to read:
11 Section 1104. Appointments; Incompatible Offices.--Unless
12 there is incompatibility in fact, any elective or appointive
13 officer of the borough shall be eligible to serve on any board,
14 commission, bureau or other agency created by or for the
15 borough, or any borough office created or authorized by statute
16 and may accept appointments thereunder, but no mayor or
17 councilman shall receive compensation therefor. No elected
18 borough official of a borough with a population of 3,000 or more
19 may serve as an employe of that borough. Where there is no
1 incompatibility in fact, and subject to the foregoing provisions
2 as to compensation, appointees of council may hold two or more
3 appointive borough offices, but no mayor or member of council
4 may serve as borough manager or as secretary or treasurer. No
5 person holding the office of justice of the peace may at the
6 same time hold the office of borough treasurer. The offices of
7 secretary and treasurer may be held by the same person when so
8 authorized by ordinance. Nothing herein contained shall affect
9 the eligibility of any borough official to hold any other public
10 office or receive compensation therefor. All appointments to be
11 made by the council or the corporate authorities shall be made
12 by a majority of the members of council attending the meeting at
13 which the appointment is made, unless a different vote is
14 required by statute. Regardless of size in any borough, an
15 elected borough official may volunteer his services to assist
16 employes of the borough in carrying out their duties. In such
17 cases the volunteering borough official shall receive no
18 compensation for services, but the borough shall provide
19 liability and workers' compensation coverage for the
20 volunteering official.
21 Section 2. This act shall take effect immediately.
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