Bill Text: PA SB1089 | 2009-2010 | Regular Session | Introduced

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Bill Title: In powers and duties of elected borough officials, further providing for powers of council, for salary of mayor limited, for general powers of mayor and for duties of mayor.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2009-09-17 - Referred to LOCAL GOVERNMENT [SB1089 Detail]

Download: Pennsylvania-2009-SB1089-Introduced.html

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PRINTER'S NO. 1409
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1089 Session of2009
INTRODUCED BY ARGALL, RAFFERTY, WARD AND ALLOWAY, SEPTEMBER 17, 2009
REFERRED TO LOCAL GOVERNMENT, SEPTEMBER 17, 2009
AN ACT
Amending the act of February 1, 1966 (1965 P.L.1656, No.581),
entitled "An act concerning boroughs, and revising, amending
and consolidating the law relating to boroughs," in powers
and duties of elected borough officials, further providing
for powers of council, for salary of mayor limited, for
general powers of mayor and for duties of mayor.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1005 of the act of February 1, 1966 (1965
P.L.1656, No.581), known as The Borough Code, is amended by
adding paragraphs to read:
Section 1005. Powers of Council.--The council of the borough
shall have power:
* * *
(10) To consider, advise upon and consent by majority vote
upon any litigation proposed to be filed by the mayor in the
mayor's official capacity or on behalf of the borough.
(11) To take additional action, by and through the
solicitor, by way of mediation or through the filing of
litigation, to seek additional reimbursement from the mayor in
the mayor's personal capacity for expenses of litigation which
are initiated by the mayor without the advice and consent of the
council and which expenses exceed the amount withheld from the
mayor's salary as provided in section 1025(b).
Section 2. Section 1025 of the act, amended March 22, 2002
(P.L.207, No.17), is amended to read:
Section 1025. Salary of Mayor Limited.--(a) The salary of
the mayor shall be established by ordinance and shall not
exceed, in boroughs with a population of less than five
thousand, a maximum of two thousand five hundred dollars ($2500)
a year; in boroughs with a population of five thousand or more
but less than ten thousand, a maximum of five thousand dollars
($5000) a year; in boroughs with a population of ten thousand or
more but less than fifteen thousand, a maximum of seven thousand
five hundred dollars ($7500) a year. In any borough with a
population in excess of fifteen thousand, the salary of the
mayor shall not exceed five hundred dollars ($500) per annum per
thousand population or fraction thereof, the population to be
determined by the latest official census figures. Such salaries
shall be payable monthly or quarterly for the duties imposed by
the provisions of this act. Benefits provided to the mayor under
section 1202(37) shall not be considered pay, salary or
compensation, but payment for all or a part of the premiums or
charges for the benefits shall be in accordance with section
1202(37).
(b) If the mayor initiates litigation in the mayor's
official capacity without the formal advice and consent of the
borough council, expenses incurred by the borough in the
litigation may be withheld from the salary of the mayor up to
the maximum provided in subsection (a).
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Section 3. Section 1028(a) of the act, amended November 29,
2004 (P.L.1337, No.170), is amended and the section is amended
by adding a subsection to read:
Section 1028. General Powers of Mayor.--(a) The mayor shall
have power:
(1) To administer oaths and affirmations in matters
pertaining to borough affairs.
(2) To initiate litigation in the mayor's official capacity
or on behalf of the borough, after receiving the advice and
consent of the borough council.
* * *
(c) The terms of a proclamation issued under subsection (b)
and initiated in the form of litigation may only be enforced
after the mayor receives the advice and consent of the borough
council.
Section 4. Section 1029 of the act, amended May 9, 1980
(P.L.120, No.47) and December 12, 1980 (P.L.1194, No.220), is
amended to read:
Section 1029. Duties of Mayor.--[It] (a) Subject to the
provisions in subsection (b), it shall be the duty of the mayor:
(1) To preserve order in the borough, to enforce the
ordinances and regulations, to remove nuisances, to exact a
faithful performance of the duties of the officers appointed,
and to perform such other duties as shall be vested in his
office by law or ordinance.
(2) Except as provided in section 1006(3), to sign such
papers, contracts, obligations and documents as may be required
by law.
(3) To keep correct accounts of all moneys received by him,
to render to the council at least once a month an itemized
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statement of all such moneys so received since the last such
statement, with the date at which and the purpose for which and
the names of the persons from whom the same was received, and to
pay all such moneys into the borough treasury, to report to the
council from time to time on the state of the borough and to
make recommendations to the council on matters of borough
concern. The borough shall furnish the mayor with such books and
forms as are necessary for the conduct of his office. Such books
and forms shall be and remain the property of the borough and
shall be surrendered to his successor in office.
(b) In any case where, in the performance of the duties
specified in subsection (a), the mayor determines to initiate
litigation, the mayor may do so only after receiving the advice
and consent of the borough council.
Section 5. This act shall take effect in 60 days.
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