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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ARGALL, RAFFERTY, WARD AND ALLOWAY, SEPTEMBER 17, 2009 |
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| REFERRED TO LOCAL GOVERNMENT, SEPTEMBER 17, 2009 |
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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," in powers |
4 | and duties of elected borough officials, further providing |
5 | for powers of council, for salary of mayor limited, for |
6 | general powers of mayor and for duties of mayor. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 1005 of the act of February 1, 1966 (1965 |
10 | P.L.1656, No.581), known as The Borough Code, is amended by |
11 | adding paragraphs to read: |
12 | Section 1005. Powers of Council.--The council of the borough |
13 | shall have power: |
14 | * * * |
15 | (10) To consider, advise upon and consent by majority vote |
16 | upon any litigation proposed to be filed by the mayor in the |
17 | mayor's official capacity or on behalf of the borough. |
18 | (11) To take additional action, by and through the |
19 | solicitor, by way of mediation or through the filing of |
20 | litigation, to seek additional reimbursement from the mayor in |
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1 | the mayor's personal capacity for expenses of litigation which |
2 | are initiated by the mayor without the advice and consent of the |
3 | council and which expenses exceed the amount withheld from the |
4 | mayor's salary as provided in section 1025(b). |
5 | Section 2. Section 1025 of the act, amended March 22, 2002 |
6 | (P.L.207, No.17), is amended to read: |
7 | Section 1025. Salary of Mayor Limited.--(a) The salary of |
8 | the mayor shall be established by ordinance and shall not |
9 | exceed, in boroughs with a population of less than five |
10 | thousand, a maximum of two thousand five hundred dollars ($2500) |
11 | a year; in boroughs with a population of five thousand or more |
12 | but less than ten thousand, a maximum of five thousand dollars |
13 | ($5000) a year; in boroughs with a population of ten thousand or |
14 | more but less than fifteen thousand, a maximum of seven thousand |
15 | five hundred dollars ($7500) a year. In any borough with a |
16 | population in excess of fifteen thousand, the salary of the |
17 | mayor shall not exceed five hundred dollars ($500) per annum per |
18 | thousand population or fraction thereof, the population to be |
19 | determined by the latest official census figures. Such salaries |
20 | shall be payable monthly or quarterly for the duties imposed by |
21 | the provisions of this act. Benefits provided to the mayor under |
22 | section 1202(37) shall not be considered pay, salary or |
23 | compensation, but payment for all or a part of the premiums or |
24 | charges for the benefits shall be in accordance with section |
25 | 1202(37). |
26 | (b) If the mayor initiates litigation in the mayor's |
27 | official capacity without the formal advice and consent of the |
28 | borough council, expenses incurred by the borough in the |
29 | litigation may be withheld from the salary of the mayor up to |
30 | the maximum provided in subsection (a). |
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1 | Section 3. Section 1028(a) of the act, amended November 29, |
2 | 2004 (P.L.1337, No.170), is amended and the section is amended |
3 | by adding a subsection to read: |
4 | Section 1028. General Powers of Mayor.--(a) The mayor shall |
5 | have power: |
6 | (1) To administer oaths and affirmations in matters |
7 | pertaining to borough affairs. |
8 | (2) To initiate litigation in the mayor's official capacity |
9 | or on behalf of the borough, after receiving the advice and |
10 | consent of the borough council. |
11 | * * * |
12 | (c) The terms of a proclamation issued under subsection (b) |
13 | and initiated in the form of litigation may only be enforced |
14 | after the mayor receives the advice and consent of the borough |
15 | council. |
16 | Section 4. Section 1029 of the act, amended May 9, 1980 |
17 | (P.L.120, No.47) and December 12, 1980 (P.L.1194, No.220), is |
18 | amended to read: |
19 | Section 1029. Duties of Mayor.--[It] (a) Subject to the |
20 | provisions in subsection (b), it shall be the duty of the mayor: |
21 | (1) To preserve order in the borough, to enforce the |
22 | ordinances and regulations, to remove nuisances, to exact a |
23 | faithful performance of the duties of the officers appointed, |
24 | and to perform such other duties as shall be vested in his |
25 | office by law or ordinance. |
26 | (2) Except as provided in section 1006(3), to sign such |
27 | papers, contracts, obligations and documents as may be required |
28 | by law. |
29 | (3) To keep correct accounts of all moneys received by him, |
30 | to render to the council at least once a month an itemized |
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1 | statement of all such moneys so received since the last such |
2 | statement, with the date at which and the purpose for which and |
3 | the names of the persons from whom the same was received, and to |
4 | pay all such moneys into the borough treasury, to report to the |
5 | council from time to time on the state of the borough and to |
6 | make recommendations to the council on matters of borough |
7 | concern. The borough shall furnish the mayor with such books and |
8 | forms as are necessary for the conduct of his office. Such books |
9 | and forms shall be and remain the property of the borough and |
10 | shall be surrendered to his successor in office. |
11 | (b) In any case where, in the performance of the duties |
12 | specified in subsection (a), the mayor determines to initiate |
13 | litigation, the mayor may do so only after receiving the advice |
14 | and consent of the borough council. |
15 | Section 5. This act shall take effect in 60 days. |
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