HOUSE AMENDED
PRIOR PRINTER'S NO. 895 PRINTER'S NO. 2166
No. 830 Session of 1997
INTRODUCED BY GREENLEAF, COSTA, HART, SALVATORE AND SCHWARTZ,
APRIL 1, 1997
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 28, 1998
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 organization of council, quorum, voting,
5 compensation and eligibility.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 1001 of the act of February 1, 1966 (1965
9 P.L.1656, No.581), known as The Borough Code, amended October
10 31, 1995 (P.L.346, No.58), is amended to read:
11 Section 1001. Organization of Council; Quorum; Voting;
12 Compensation; Eligibility.--(A) The borough council shall <--
13 organize on the first Monday of January of each even-numbered
14 year, by electing one of their number as president and one of
15 their number as vice-president, who shall hold such offices at
16 the pleasure of the council. If the first Monday is a legal
17 holiday, the meeting and organization shall take place the first
18 day following. Any action taken by any borough council at any
1 time between 12:01 o'clock ante meridian on January 1 of an
2 even-numbered year and the organization of council in that year
3 shall be subject to reconsideration by the new council at any
4 time within ten days after such organization. The council may at
5 the organization meeting elect such other officers as may be
6 provided for by law or ordinance, or as may be deemed necessary
7 for the conduct of affairs of the borough and may transact such
8 other business as may come before the meeting. The president,
9 and during his absence or incapacity the vice-president, shall
10 preside over the meetings of council and perform such other
11 duties as are prescribed by this act or by ordinance. A majority
12 of the membership of council then in office shall constitute a
13 quorum. A member of the council shall not be disqualified from
14 voting on any issue before the council SOLELY because the member <--
15 has previously expressed an opinion on the issue in either an
16 official or unofficial capacity. Councilmen may receive
17 compensation to be fixed by ordinance at any time and from time
18 to time as follows: In boroughs with a population of less than
19 five thousand, a maximum of eighteen hundred seventy-five
20 dollars ($1875) a year; in boroughs with a population of five
21 thousand or more but less than ten thousand, a maximum of two
22 thousand five hundred dollars ($2500) a year; in boroughs with a
23 population of ten thousand or more but less than fifteen
24 thousand, a maximum of three thousand two hundred fifty dollars
25 ($3250) a year; in boroughs with a population of fifteen
26 thousand or more but less than twenty-five thousand, a maximum
27 of four thousand one hundred twenty-five dollars ($4125) a year;
28 in boroughs with a population of twenty-five thousand or more
29 but less than thirty-five thousand, a maximum of four thousand
30 three hundred seventy-five dollars ($4375) a year; and in
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1 boroughs with a population of thirty-five thousand or more, a
2 maximum of five thousand dollars ($5000) a year. Such salaries
3 shall be payable monthly or quarterly for the duties imposed by
4 the provisions of this act.
5 (B) The population shall be determined by the latest <--
6 available official census figures. In no case shall the
7 compensation for any councilman exceed that of the mayor in any
8 given borough: Provided, however, That wherever the mayor's
9 compensation exceeds that authorized by this section for
10 councilmen, the president of council may receive compensation
11 not to exceed that of the office of mayor.
12 SECTION 2. SECTION 1003 OF THE ACT IS AMENDED TO READ: <--
13 SECTION 1003. WHEN THE MAYOR MAY PRESIDE OVER COUNCIL AND
14 VOTE; ATTENDANCE OF MAYOR AT COUNCIL MEETINGS; BREAKING TIE
15 VOTES.--(A) THE MAYOR SHALL PRESIDE OVER THE ORGANIZATION OF
16 THE COUNCIL, UNTIL IT IS ORGANIZED AS PROVIDED IN SECTION 1001,
17 AND HE SHALL BE DEEMED A MEMBER OF COUNCIL AT THE ORGANIZATION
18 MEETING IF HIS MEMBERSHIP BECOMES NECESSARY TO CONSTITUTE A
19 QUORUM, BUT HE SHALL NOT VOTE THEREAT UNLESS HIS VOTE SHALL, FOR
20 ANY REASON WHATSOEVER, BE REQUIRED TO EFFECT THE ORGANIZATION OF
21 COUNCIL, OR TO ELECT ANY OFFICER WHO IS REQUIRED TO BE OR MAY BE
22 ELECTED AT THE ORGANIZATION MEETING. IN CASE OF THE ABSENCE OF
23 THE MAYOR AT THE ORGANIZATION MEETING, ONE OF THE MEMBERS OF
24 COUNCIL, CHOSEN BY THE MEMBERS PRESENT AT THE MEETING, SHALL
25 PRESIDE.
26 (B) THE MAYOR MAY ATTEND ANY OR ALL REGULAR AND SPECIAL
27 MEETINGS OF COUNCIL AND MAY TAKE PART IN THE DISCUSSIONS OF THE
28 COUNCIL ON MATTERS PERTAINING TO BOROUGH AFFAIRS, SUBJECT TO ANY
29 RESTRICTIONS APPLICABLE TO COUNCILMEN CONTAINED IN THE RULES OF
30 ORDER OR BYLAWS OF THE COUNCIL. IN ALL CASES WHERE, BY REASON OF
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1 A TIE OR SPLIT VOTE, THE COUNCIL OF ANY BOROUGH SHALL BE UNABLE
2 TO ENACT OR PASS ANY ORDINANCE, RESOLUTION, OR MOTION, OR TO
3 DECLARE OR FILL ANY VACANCY IN ITS MEMBERSHIP, OR IN ANY OTHER
4 BOROUGH OFFICE, OR TO TAKE ANY ACTION ON ANY MATTER LAWFULLY
5 BROUGHT BEFORE IT, THE MAYOR, IF IN ATTENDANCE AT THE MEETING,
6 MAY AT HIS OPTION CAST THE DECIDING VOTE, OR REQUEST THAT THE
7 MATTER BE TABLED UNTIL A SPECIAL MEETING OF COUNCIL TO BE HELD
8 WITHIN NOT LESS THAN FIVE DAYS OR MORE THAN TEN DAYS AT WHICH
9 TIME THE MATTER SHALL BE RECONSIDERED BY COUNCIL AND, IF A TIE
10 OR SPLIT VOTE STILL EXISTS, IT SHALL BE THE DUTY OF THE MAYOR AT
11 THAT TIME TO CAST THE DECIDING VOTE. IF SUCH A TIE OR SPLIT VOTE
12 SHALL OCCUR AT ANY MEETING WHEN THE MAYOR IS NOT IN ATTENDANCE
13 THE MATTER SHALL BE TABLED TO A SPECIAL MEETING TO BE HELD
14 WITHIN NOT LESS THAN FIVE DAYS OR MORE THAN TEN DAYS AS SET BY
15 THE PRESIDENT OF COUNCIL, AND THE MAYOR SHALL BE GIVEN AT LEAST
16 FIVE DAYS' NOTICE OF SUCH MEETING, AT WHICH MEETING IT SHALL BE
17 THE DUTY OF THE MAYOR TO CAST THE TIE-BREAKING VOTE. A MAYOR
18 SHALL NOT BE DISQUALIFIED FROM CASTING THE TIE-BREAKING VOTE ON
19 ANY ISSUE BEFORE THE COUNCIL BECAUSE THE MAYOR HAS PREVIOUSLY
20 EXPRESSED AN OPINION ON THE ISSUE IN EITHER AN OFFICIAL OR
21 UNOFFICIAL CAPACITY.
22 Section 2 3. This act shall take effect immediately. <--
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