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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY FREEMAN, KESSLER, GRUCELA, ROSS AND GINGRICH, MARCH 18, 2010 |
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| REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 18, 2010 |
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| AN ACT |
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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 the office of borough manager and for powers |
5 | and duties of a borough manager. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Sections 1141 and 1142 of the act of February 1, |
9 | 1966 (1965 P.L.1656, No.581), known as The Borough Code, are |
10 | amended to read: |
11 | Section 1141. Borough Manager May be Created by Ordinance; |
12 | Election.--The council of any borough may, at its discretion at |
13 | any time, create by ordinance the office of borough manager and |
14 | may in like manner abolish the same. While said office exists, |
15 | the council shall, from time to time, and whenever there is a |
16 | vacancy, elect, by a vote of a majority of all the members, one |
17 | person to fill said office[, subject to removal by the council |
18 | at any time by a vote of the majority of all the members]. The |
19 | borough manager shall serve at the pleasure of council, subject |
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1 | to contractual rights that may arise under an employment |
2 | agreement that may be entered in accordance with section 1142. |
3 | Section 1142. Powers and Duties; Bond.--The powers and |
4 | duties of the borough manager shall be regulated by ordinance. |
5 | Council may enter into an employment agreement with the borough |
6 | manager. The employment agreement may set forth the terms and |
7 | conditions of employment, and the agreement may provide that it |
8 | shall remain in effect for a specified period terminating no |
9 | later than two years after the effective date of the agreement |
10 | or the date of the organization meeting of council following the |
11 | next municipal election, whichever shall first occur. An |
12 | employment agreement entered into pursuant to this section may |
13 | specify conditions under which a borough manager would be |
14 | entitled to severance compensation, but in no event shall an |
15 | employment agreement guarantee employment through the term of |
16 | the agreement or confer upon the borough manager any legal |
17 | remedy based on specific performance. The council, by ordinance, |
18 | may delegate, subject to recall, any of the nonlegislative and |
19 | nonjudicial powers and duties of the council, the planning |
20 | commission and the shade tree commission, to the borough |
21 | manager. With approval of borough council, the mayor may |
22 | delegate to the borough manager any of his nonlegislative and |
23 | nonjudicial powers and duties. |
24 | Section 2. This act shall take effect in 60 days. |
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