8 Pennsylvania Consolidated Statutes Chapter 11 - Powers, Duties And Rights Of Appointed Officers And Employees

• Chapter Notes

Subchapter A.  General Provisions

• Section 1101 - Compensation, Hours And Days Of Work And Outside Employment
  Appointed officers and employees of the borough shall receive compensation for their services as the council shall prescribe. Council may also establish the hours...
• Section 1102 - Accounts
  All officers and employees appointed by a council shall, if directed, render their accounts to the council for settlement.
• Section 1103 - Bonds
  If an appointed officer or employee of a borough is required by law or action of council to give bond for the faithful performance...
• Section 1104 - Appointments And Incompatible Offices
  (a) General rule.--Unless there is incompatibility in fact, an elective or appointive officer of the borough shall be eligible to serve on any board,...
• Section 1105 - Compensation Of Certain Employees
  (a) General rule.--A borough may provide, by ordinance, to appointees and employees of not less than ten years of satisfactory service and who are...
• Section 1105.1 - Retirement Benefits Of Employees Transferred To Authorities
  (a) Required membership.--The following employees of municipal authorities shall be members of the borough retirement system upon a written election as provided in this...

Subchapter B.  Treasurer

• Section 1106 - Bond And Duties
  (a) General rule.--The borough treasurer shall, before entering upon the duties of office, give bond in an amount determined by council, conditioned for the...
• Section 1107 - Assistant Treasurer
  A council may, by resolution, appoint an assistant treasurer who may not be a member of the council. Council may appoint the assistant treasurer...

Subchapter C.  Secretary

• Section 1111 - Duties
  (a) Attendance at meetings and maintenance of minutes.--The secretary shall attend all meetings of the council and shall maintain full minutes of its proceedings....
• Section 1112 - Assistant Secretary
  A council may, by resolution, appoint an assistant secretary. The assistant secretary shall assist the secretary in the performance of the secretary's duties and,...
• Section 1113 - Records Open To Inspection
  The fiscal records and documents and the minute book and other records and documents of every borough shall be open in accordance with the...

Subchapter D.  Solicitor

• Section 1116 - Solicitor To Have Control Of Legal Matters
  The legal matters of the borough shall be under the control of the borough solicitor. No department or officer of the borough, except as...
• Section 1117 - Duties Of Solicitor And Outside Counsel
  (a) General rule.--The borough solicitor shall: (1) Prepare or approve, if directed or requested to do so by council or the mayor, any bonds,...
• Section 1118 - Assistant Solicitor
  A council may, by resolution, appoint an assistant solicitor to assist the solicitor in the performance of the solicitor's duties and, in the absence...

Subchapter E.  Police

• Section 1121 - Council's Powers Concerning Police
  (a) Establishment of police department.--Council may, by ordinance, establish a police department. If council establishes a police department, the following shall apply: (1) Council...
• Section 1122 - Police Serving Under Cooperative Agreement Or Contract
  (a) General rule.--If a borough enters into a cooperative agreement or contract with any municipal corporation, regional police force or other governmental entity created...
• Section 1123 - Police Badge
  Borough police officers shall wear a shield or badge with the word "Police" when on duty.
• Section 1123.1 - Mayor's Powers Concerning Police
  (a) General rule.--The mayor shall have full charge and control of the chief of police and the police force. (b) Direction.--The mayor shall direct...
• Section 1124 - Suspension By Mayor
  (a) General rule.--In addition to the powers of council to suspend police officers, the mayor may, for cause and without pay, suspend any police...
• Section 1125 - Compensation
  Borough police and special police appointed by the mayor shall receive compensation as fixed by the council.
• Section 1126 - (Reserved)
• Section 1127 - School Crossing Guards
  (a) Appointment.-- (1) Upon request by the board of school directors of the school district in which a borough is wholly or partially located,...

Subchapter F.  Police Pension Fund in Boroughs Having Police Force of Less Than Three Members

• Section 1131 - Police Pension Fund
  (a) Authorization to establish.--If a police force of less than three full-time members is being maintained, the borough may, unless there is a private...
• Section 1132 - Private Police Pension Funds And Optional Transfers
  (a) General rule.--If there is a private organization or association constituting and managing an existing pension fund for the members of the police force...

Subchapter G.  Manager

• Section 1141 - Borough Manager Created By Ordinance And Election
  (a) General rule.--The council of a borough may, at its discretion at any time, create by ordinance the office of borough manager and may,...
• Section 1142 - Powers And Duties
  (a) General rule.--The powers and duties of the borough manager shall be regulated by ordinance. (b) Employment agreement.-- (1) Council may enter into an...
• Section 1143 - Other Offices Not Incompatible
  The offices of borough manager, street commissioner, secretary, treasurer and chief of police shall not be incompatible, and any two or more or all...

Subchapter H.  Planning Commission (Reserved)
Subchapter I.  Mine and Quarry Inspection and Surface Support (Reserved)
Subchapter J.  Civil Service for Police and Fire Apparatus Operators

• Section 1170 - Definitions
  The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly...
• Section 1171 - Appointments Of Police And Fire Apparatus Operators
  (a) Nonapplicability of subchapter.--This subchapter shall not apply to: (1) a borough that has a police force of less than three members; (2) a...
• Section 1172 - Civil Service Commission
  (a) Establishment.--A civil service commission is established in each borough where a police force or paid fire apparatus operators are maintained. (b) Membership and...
• Section 1173 - Offices Incompatible With Civil Service Commissioner
  No commissioner shall at the same time hold an elective or appointed office under the Federal Government, this Commonwealth or any political subdivision of...
• Section 1174 - Organization Of Commission
  (a) General rule.--The commission first appointed shall organize within ten days of its appointment and shall elect one of its members as the chair...
• Section 1175 - Clerks, Supplies And Solicitor
  The borough shall: (1) Furnish to the commission, on its requisition, clerical assistance that may be necessary for the work of the commission. (2)...
• Section 1176 - Rules And Regulations
  (a) General rule.--The commission may prescribe, amend and enforce rules and regulations for carrying into effect this subchapter and shall be governed by the...
• Section 1177 - Minutes And Records
  The commission shall maintain minutes of its proceedings and records of examinations and other official actions. All recommendations of applicants for appointment received by...
• Section 1178 - Investigations
  The commission may conduct investigations concerning all matters touching the administration and enforcement of this subchapter and rules and regulations adopted under this subchapter....
• Section 1179 - Subpoenas
  (a) General rule.--The commission may issue subpoenas over the signature of the chair to require the attendance of witnesses and the production of records...
• Section 1180 - Annual Report
  The commission shall make an annual report to the council containing a brief summary of its work during the year which shall be available...
• Section 1181 - General Provisions Relating To Examinations
  (a) Rules and regulations.-- (1) The commission shall make rules and regulations, to be approved as provided in section 1176 (relating to rules and...
• Section 1182 - Application For Examination
  A person who desires to apply for examination must file with the commission a formal application in which the applicant shall provide, under oath...
• Section 1183 - Rejection Of Applicant And Hearing
  (a) General rule.--The commission may refuse to examine or, if examined, may refuse to certify after examination as eligible any applicant who: (1) is...
• Section 1184 - Eligibility List And Manner Of Filling Appointments
  (a) Ranking of candidates.-- (1) At the completion of the testing process, including a physical agility or other examination, with the exception of a...
• Section 1185 - Age And Residency Of Applicants
  No person shall be eligible to apply for examination unless the person is at least 18 years of age at the date of application....
• Section 1186 - Probationary Period
  (a) General rule.--An original appointment to a position in the police force or as a paid fire apparatus operator shall be for a probationary...
• Section 1187 - Provisional Appointments
  (a) General rule.--If there are urgent reasons for the filling of a vacancy in a position in the police force and there are no...
• Section 1188 - Promotions
  (a) General rule.--A promotion shall be based on merit to be ascertained by an examination to be prescribed by the commission. All questions relative...
• Section 1189 - Physical And Psychological Medical Examination
  (a) Conditional offer of employment.-- (1) An applicant selected from the eligibility list shall receive a conditional offer of employment. The offer of employment...
• Section 1190 - Removals
  (a) General rule.--No person employed in any police or fire force of any borough may be suspended without pay, removed or reduced in rank...
• Section 1191 - Hearings On Dismissals And Reductions
  (a) Time of answer and hearing.--A person suspended, removed or reduced in rank may make written answers to any charges filed against the person...
• Section 1192 - Employees Exempted
  All appointments in the police or fire forces of boroughs, including the chief of police or equivalent official, prior to the creation of a...
• Section 1193 - Discrimination On Account Of Political Or Religious Affiliations
  (a) Information.--No question in any form of application for examination or in any examination shall be so framed as to elicit information concerning the...
• Section 1194 - Penalty
  A member of council who, by vote, appoints any person to the police force or as a fire apparatus operator contrary to the provisions...

Last modified: October 8, 2016