reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1118 - Assistant solicitor

§ 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 or disability of the solicitor, to perform the duties and exercise the powers of the solicitor.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1121 - Council's powers concerning police

§ 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 may appoint police officers, subject to Subchapter J (relating to civil service for police and fire apparatus operators).
(2) Council may remove, suspend or reduce in rank any police officer:
(i) in accordance with the act of June 15, 1951 (P.L.586, No.144), entitled "An act regulating the suspension, removal, furloughing and reinstatement of police officers in boroughs and townships of the first class having police forces of less than three members, and in townships of the second class"; or
(ii) subject to Subchapter J.
(3) Council shall designate the ranks in the police department and the duties of each rank and may designate one of the police officers as chief of police.
(4) Council may assign any member of the police department to attend training classes offered by the Federal or State Government and may pay the police officer's expenses while attending the school.
(5) Council shall determine the total weekly hours of employment that shall apply to the police officers.
(b) Powers of borough police officers.--
A borough police officer shall have those powers and abilities as are granted to police officers under the laws of this Commonwealth, the rules of the Supreme Court or the ordinances of the borough for which a fine or penalty is imposed unless otherwise excepted in this part.
(c) Ratification.--
In any case in which a borough has previously appointed police officers or established a police department by action of council but not under an ordinance regularly enacted, the action shall be deemed to have been a valid exercise of the legislative power of the borough, and all police officers appointed shall occupy the same status and shall have the same rights and privileges as in the case of police officers appointed under authority of an ordinance.
(d) Political participation.--
No police officer may participate in any political or election campaign while on duty or in uniform or while using borough property otherwise than to exercise the officer's right of suffrage.
Special Provisions in Appendix.
See section 4(3)(ix) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1122 - Police serving under cooperative agreement or contract

§ 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 by two or more municipal corporations under 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation) for the furnishing or receiving of police protection as authorized by section 1202(35) (relating to specific powers), the police force of the municipal corporation, regional police force or other governmental entity furnishing the police protection shall be appointed and accepted as the police force of the borough receiving the police service by resolution of the council.
(b) Employment status.--
Police officers of the police force of a municipal corporation, regional police force or other governmental entity so appointed shall, insofar as civil service and pensions are concerned, be deemed to be appointees and employees only of the municipal corporation, regional police force or other governmental entity furnishing their service and making the original appointment.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1123.1 - Mayor's powers concerning police

§ 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 the time during which, the place where and the manner in which the chief of police and the police force perform the duties of their rank.
(c) Delegation of duties.--
The mayor may delegate to the chief of police or other officer supervision over and instruction to subordinate officers in the manner of performing their duties.
(d) Appointment of special police.--
The mayor may appoint special police during an emergency in which the safety and welfare of the borough and the public is endangered.
(e) Auxiliary police.--
The mayor may activate auxiliary police in accordance with general law and, notwithstanding any other provision of law, may activate auxiliary police for purposes of crowd and traffic control for limited periods during events if, in the mayor's discretion, public safety is promoted by the activation of the auxiliary police.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1124 - Suspension by mayor

§ 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 officers until the succeeding regular meeting of the council at which time or later the council may, subject to Subchapter J (relating to civil service for police and fire apparatus operators), if they are in effect at the time, suspend, discharge, reduce in rank or reinstate with pay the police officers.
(b) Reinstatement.--
(1) A police officer suspended by the mayor may not be reinstated by council at a date earlier than ten working days from the date fixed by the mayor for the suspension to commence.
(2) In any case in which the council has reinstated a police officer after having been suspended by the mayor, the mayor shall not suspend the police officer for reasons:
(i) arising from the same act for which the first suspension was made; or
(ii) that the council, in reinstating the police officer, determined not to be grounds for suspension.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1132 - Private police pension funds and optional transfers

§ 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 in any borough, the borough shall establish a police pension for the purpose of paying pensions to the members of its police force if the membership of the organization or association by a two-thirds vote elects to transfer its funds with all its assets and liabilities into a borough pension fund as required to be established by this part.
(b) Assumption of liability.--
The transfer in subsection (a) may be made by the transfer of securities. After the transfer, the borough police pension fund shall assume the liability of continuing the payment of pensions to members of the police force retired prior to the transfer, in accordance with the laws and regulations under which the members were retired.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1141 - Borough manager created by ordinance and election

§ 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, in like manner, abolish the office. While the office exists, the council shall, from time to time, and if there is a vacancy, elect, by a vote of a majority of all the members, one person to fill the office.
(b) Subject to employment agreement.--
The borough manager shall serve at the pleasure of council, subject to contractual rights that may arise under an employment agreement that may be entered in accordance with section 1142 (relating to powers and duties).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1142 - Powers and duties

§ 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 employment agreement with the borough manager that specifies the terms and conditions of employment.
(2) The employment agreement may remain in effect for a specified period terminating no later than two years after the effective date of the agreement or the date of the organizational meeting of council following the next municipal election, whichever occurs first.
(3) An employment agreement entered into under this section may specify conditions under which a borough manager will be entitled to severance compensation, but in no event may the employment agreement guarantee employment through the term of the agreement or confer upon the borough manager any legal remedy based on specific performance.
(4) An employment agreement with a borough manager executed on or after a municipal election but before the first meeting in January the year after the municipal election shall be void.
(5) The council may delegate to the borough manager, by ordinance and subject to recall, any of the nonlegislative and nonjudicial powers and duties of the council, the planning commission and the shade tree commission. With approval of council, the mayor may delegate to the borough manager any of the mayor's nonlegislative and nonjudicial powers and duties.
Cross References.
Section 1142 is referred to in section 1141 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1143 - Other offices not incompatible

§ 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 of the offices may be held by one person. Neither the mayor nor any member of the council shall be eligible to hold the office of borough manager.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1170 - Definitions

§ 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 indicates otherwise:
"Fire apparatus operator."
A person who operates fire apparatus and devotes his normal working hours to operating any piece of fire apparatus or other services connected with fire protection work and who is paid a stated salary or compensation for the work by the borough.
"Police force."
A police force organized and operating as prescribed by law, the members of which devote their normal working hours to police duty or duty in connection with the bureau, agencies and services connected with police protection work and who are paid a stated salary or compensation for the work by the borough. As used in this subchapter, the term shall not include any of the following:
(1) Special police appointed by the mayor to act in emergencies.
(2) A person appointed solely for parking meter enforcement duties.
(3) Special school police.
(4) Extra police serving from time to time or on an hourly or daily basis.
(5) An auxiliary policeman appointed under the act of January 14, 1952 (1951 P.L.2016, No.561), entitled "An act providing for supplementing the police forces of cities, boroughs, towns and townships, for the appointment, powers and control of auxiliary police therein, and for the transfer during disasters and emergencies of such auxiliary police, members of the regular police forces, and police equipment thereof."
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1171 - Appointments of police and fire apparatus operators

§ 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 borough that has a police force of three or more members if those members in excess of two are appointed on a temporary basis through a federally funded program;
(3) a volunteer fire department or company that employs its own operators; or
(4) a borough that has less than three salaried fire apparatus operators.
(b) Compensation.--
This subchapter is subject to the power of council to determine compensation.
(c) Appointments and promotions.--
An appointment to and promotion in the police force or as fire apparatus operator paid directly by a borough and in the borough shall be made only according to qualifications and fitness, to be ascertained by examinations which shall be competitive as provided in this part.
(d) Suspension, removal and reduction in rank.--
No person shall be suspended, removed or reduced in rank as a paid employee in any police force or as a paid fire apparatus operator of a borough, except in accordance with this subchapter.
(e) Retirement.--
Nothing in this subchapter shall apply to retirement, nor shall anything in this subchapter be construed to prevent a borough from adopting a compulsory retirement age for its employees or for any class of employees and from retiring all employees automatically when they reach that age.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1172 - Civil service commission

§ 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 terms.--
The commission shall consist of three commissioners who shall be qualified electors of the borough and appointed by the council initially to serve for the terms of two, four and six years. As terms expire, the commissioners shall be appointed for terms of six years.
(c) Vacancies.--
A vacancy occurring in the commission for any reason shall be filled by the council for the unexpired term within the period of 30 days after the vacancy occurs.
(d) Alternate members.--
(1) Council may appoint no more than three qualified electors of the borough to serve as alternate members of the commission. The term of office of the alternate members shall be six years.
(2) If seated under section 1174 (relating to organization of commission), an alternate shall be entitled to participate in all proceedings and discussions of the commission to the same and full extent as provided by law for commission members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties specified in this part and as otherwise provided by law.
(3) An alternate member may not hold another office in the borough.
(4) An alternate may participate in any proceeding or discussion of the commission but may not vote as a member of the commission unless designated as a voting alternate member under section 1174.
(e) Oath or affirmation of office.--
Each member of the commission, before entering upon the discharge of the duties of office, shall take an oath or affirmation of office under 53 Pa.C.S. § 1141 (relating to form of oaths of office).
(f) Compensation prohibited.--
The civil service commissioners shall receive no compensation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1173 - Offices incompatible with civil service commissioner

§ 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 the Commonwealth, except that one member of the commission may be a member of the council and one may be a member of the teaching profession.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1174 - Organization of commission

§ 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 and one as the secretary. The commission shall meet and organize on the first Monday of each even-numbered year. Each commissioner shall be notified in writing of each and every meeting.
(b) Quorum.--
Three members of the commission shall constitute a quorum. If, by reason of absence or disqualification of a member, a quorum is not reached, the chair shall designate as many alternate members of the commission to sit on the commission as may be needed to provide a quorum.
(c) Alternate members.--
(1) An alternate member of the commission shall continue to serve on the commission in all proceedings involving the matter or case for which the alternate was initially designated until the commission has made a final determination of the matter or case.
(2) Designation of an alternate member under this section shall be made on a case-by-case basis in rotation according to declining seniority among the alternates.
(d) Validity of commission action.--
No action of the commission may be valid unless it shall have the concurrence of at least two members.
Cross References.
Section 1174 is referred to in section 1172 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1175 - Clerks, supplies and solicitor

§ 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) Provide a suitable and convenient room for the use of the commission. The commission shall order from the borough the necessary stationery, postage, printing and supplies.
(3) Provide the services of a solicitor for the commission to be appointed by the commission and paid by the borough. The borough may place a reasonable limit on the amount allowed each year for the services of the commission solicitor.
(4) Through its elected and appointed officials, aid the commission in all proper ways in carrying out the provisions of this subchapter relating to civil service.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1176 - Rules and regulations

§ 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 rules and regulations. Before the effective date of the rules and regulations or amendments to them, they shall be first approved by council. If the rules and regulations or amendments have been approved, they shall not be annulled, amended or added to without the approval of council.
(b) Public distribution and inspection.--
All rules and regulations and modifications shall be made available by the borough for public distribution or inspection.
Cross References.
Section 1176 is referred to in section 1181 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1177 - Minutes and records

§ 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 the commission shall be kept and preserved for a period of five years, and all records and all written causes of removal filed with the commission, except as otherwise provided in section 1191 (relating to hearings on dismissals and reductions), shall be open to public inspection and subject to reasonable regulation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1178 - Investigations

§ 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. The chair of the commission may administer oaths and affirmations in connection with the investigations.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1179 - Subpoenas

§ 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 and papers pertaining to any investigation or inquiry. The fees of witnesses for attendance and travel shall be the same as for witnesses appearing in the courts and shall be paid from appropriations for the incidental expenses of the commission.
(b) Persons required to attend.--
All officers in public service and employees shall attend and testify if required to do so by the commission.
(c) Penalty for violation.--
If any person refuses or neglects to obey a subpoena issued by the commission, the person shall, upon conviction, be sentenced to pay a fine not to exceed $100 and, in default of the payment of the fine and costs, shall be imprisoned for a term not to exceed 30 days.
(d) Petition to court.--
If a person refuses or neglects to obey a subpoena issued by the commission, the commission may apply by petition to the court of common pleas of the county for its subpoena requiring the attendance of the person before the commission or the court to testify and to produce any records and papers necessary, and, if the person defaults, the person shall be held in contempt of court.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1181 - General provisions relating to examinations

§ 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 regulations), providing for the examination of applicants for positions in the police force and as paid fire apparatus operators and for promotions, which rules and regulations shall prescribe the minimum qualifications of all applicants to be examined and the passing grades.
(2) All examinations for positions or promotions shall be practical in character and shall relate to matters and include inquiries as will fairly test the merit and fitness of the persons examined to discharge the duties of the employment sought by them.
(3) All examinations shall be open to all applicants who have the minimum qualifications required by the rules and regulations.
(4) Each applicant for an original position shall:
(i) Be subject to the regulations adopted by the commission.
(ii) Either before or after the written examination, submit to a physical fitness or agility examination that is job related and consistent with business necessity.
(iii) If made a conditional offer of employment, be given a physical and psychological medical examination as provided in section 1189 (relating to physical and psychological medical examination).
(iv) Be subject to a background investigation. Background investigations may be restricted to those candidates on an eligibility list or those to be certified to council for appointment in accordance with section 1184 (relating to eligibility list and manner of filling appointments).
(a.1) Promotions.--
(1) An applicant for promotion shall be subject to the regulations adopted by the commission and to examination and selection in accordance with section 1188 (relating to promotions).
(2) A physical fitness or agility examination that is job related and consistent with business necessity and physical and psychological medical examinations may, but need not, be required for a promotion.
(b) Public notice.--
Public notice of the time and place of every examination, together with the information as to the kind of position to be filled, shall be given by publication once in a newspaper of general circulation, at least two weeks prior to each examination, and a copy of the notice shall be prominently posted in the office of the commission or other public place.
(c) Posting of eligibility list.--
The commission shall post in its office the eligibility list containing the names and grades of those who have passed the examination.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1182 - Application for examination

§ 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 or affirmation, the following information:
(1) Full name and residence or post office address.
(2) Citizenship and place and date of birth.
(3) Condition of health and physical capacity for public service.
(4) Business or employment and the applicant's residence for the past five years.
(5) Other information as may be required by the commission's rules and regulations, showing the applicant's qualifications for the position for which the applicant is being examined.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1183 - Rejection of applicant and hearing

§ 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 found to lack any of the minimum qualifications for examination prescribed in the rules and regulations adopted for the position or employment for which the applicant has applied;
(2) is physically unfit for the performance of the duties of the position to which the applicant seeks employment;
(3) is illegally using a controlled substance, as defined in section 102 of the Controlled Substances Act (Public Law 91-513, 21 U.S.C. § 802);
(4) has been guilty of any crime involving moral turpitude or of infamous or notoriously disgraceful conduct;
(5) has been dismissed from public service for delinquency or misconduct of office; or
(6) is affiliated with any group whose policies or activities are subversive to the form of government enumerated in the Constitutions and laws of the United States and this Commonwealth.
(b) Hearing requirements.--
(1) If an applicant is aggrieved by the refusal of the commission to certify the applicant as eligible after examination or a person is aggrieved by refusal of the commission to examine the person, the commission shall, at the request of the applicant or person aggrieved, within ten days, appoint a time and place for a public hearing.
(2) At the hearing, the applicant or person aggrieved may appear with or without counsel, and the commission shall take testimony and review its refusal to provide examination or certification.
(3) The deliberations of the commission, including interim rulings on evidentiary or procedural issues, may be held in the nature of a closed executive session.
(4) The commission's disposition of the matter shall constitute official action which shall occur at a public meeting held under 65 Pa.C.S. Ch. 7 (relating to open meetings).
(5) The decision of the commission shall be final.
Cross References.
Section 1183 is referred to in sections 1184, 1186, 1188 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1185 - Age and residency of applicants

§ 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. An applicant need not be a resident of the borough. The council of the borough may authorize the commission, by rule or regulation, to require police officers and paid fire apparatus operators to become residents of the borough after appointment to the positions.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1186 - Probationary period

§ 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 period of not less than six months and not more than one year, but during the probationary period an appointee may be dismissed only for a cause specified in section 1183 (relating to rejection of applicant and hearing) or because of incapacity for duty due to the use of alcohol or drugs.
(b) Notice denying permanent appointment.--
(1) If, at the close of a probationary period, the conduct or fitness of the probationer has not been satisfactory to the council, the probationer shall be notified in writing that the probationer will not receive a permanent appointment and the appointment shall cease.
(2) If the probationer is not notified or dismissed in accordance with this section, the probationer's retention shall be equivalent to a permanent appointment.
(c) Finality of decision.--
The decision of a borough to suspend or discharge a probationer shall be final and shall not be subject to the hearing provisions of section 1191 (relating to hearings on dismissals and reductions).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1187 - Provisional appointments

§ 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 names on the eligibility list for the appointment, the council may nominate a person to the commission for noncompetitive examination, and, if the nominee shall be certified by the commission as qualified after noncompetitive examination, the nominee may be appointed provisionally to fill the vacancy.
(b) Competitive examination required.--
(1) Within three weeks of the provisional appointment, the commission shall hold a competitive examination and certify an eligibility list. A regular appointment shall then be made from the name or names submitted by the commission.
(2) Nothing in this section shall be construed to prevent the appointment, without examination, of persons temporarily as police officers in cases of riot or other emergencies or as fire apparatus operators in emergency cases.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1188 - Promotions

§ 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 to a promotion shall be practical in character and fairly test the merit and fitness of persons seeking promotion.
(b) Notification of vacancy.--
Council shall notify the commission of a vacancy in the police force or as a paid fire apparatus operator in the borough which is to be filled by promotion and shall request the certification of an eligibility list.
(c) Certification required.--
(1) The commission shall certify for each vacancy the names of three persons on the eligibility list who have received the highest average in the last preceding promotional examination held within a period of two years preceding the date of the request for the eligibility list.
(2) If three names are not available, the commission shall certify the names remaining on the eligibility list.
(3) The council shall make an appointment from the names certified, based solely on the merits and fitness of the candidate, unless council makes objections to the commission regarding one or more of the persons so certified for any reason provided under section 1183 (relating to rejection of applicant and hearing).
(d) Increase in salary as promotion.--
The council may determine in each instance whether an increase in salary constitutes a promotion.
Cross References.
Section 1188 is referred to in section 1181 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1190 - Removals

§ 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 except for the following reasons:
(1) Physical or mental disability affecting the person's ability to continue in service, in which case the person shall receive an honorable discharge from service.
(2) Neglect or violation of any official duty.
(3) Violation of any law if the violation constitutes a misdemeanor or felony.
(4) Inefficiency, neglect, intemperance, immorality, disobedience of orders or conduct unbecoming of an officer.
(5) Intoxication while on duty.
(6) Engaging or participating in the conduct of a political or election campaign while on duty or in uniform or while using borough property otherwise than to exercise the person's own right of suffrage.
(7) Engaging or participating in the conduct of a political or election campaign for an incompatible office as provided in section 1104(f) (relating to appointments and incompatible offices).
(b) Restriction.--
A person employed by a police or fire force shall not be removed for religious, racial or political reasons.
(c) Statement of charges.--
A written statement of charges made against a person shall be furnished to the person within five days after the statement of charges is filed. The person shall have ten days from the date of receiving the notice to submit a written request for a hearing to the civil service commission under section 1191 (relating to hearings on dismissals and reductions).
(d) Furlough.--
If, for reasons of economy or other reasons, it shall be deemed necessary by any borough to reduce the number of paid employees of the police or fire force, the borough shall furlough the person, including a probationer, last appointed to the respective force. The removal shall be accomplished by furloughing in numerical order commencing with the person last appointed until the reduction shall have been accomplished. In the event the police or fire force shall again be increased, the employees furloughed shall be reinstated in the order of their seniority in the service. This subsection as to reductions in force is not applicable to a chief of police.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1192 - Employees exempted

§ 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 commission, shall continue to hold their positions and shall not be required to take any examination under the provisions of this subchapter, except that which may be required for promotion. This section shall not be construed to apply to persons employed temporarily in emergency cases.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1193 - Discrimination on account of political or religious affiliations

§ 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 political or religious opinions or affiliations of any applicant nor shall inquiry be made concerning the opinions or affiliations, and all disclosures of opinions or affiliations shall be ignored.
(b) Prohibition.--
No discrimination shall be exercised, threatened or promised by any person against or in favor of any applicant or employee because of political or religious opinions or affiliations or race, and no offer or promise or reward, favor or benefit, directly or indirectly, shall be made to or received by any person for any act done or duty omitted or to be done under this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees › Section 1194 - Penalty

§ 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 of this subchapter, or a member of council or member of the commission who willfully refuses to comply with or conform to the provisions of this subchapter, commits a misdemeanor and, upon conviction, shall be sentenced to pay a fine not exceeding $100 or to imprisonment not exceeding 90 days, or both.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 12 - Corporate Powers › Section 1201 - General powers

§ 1201. General powers.
A borough may:
(1) Have succession perpetually by its corporate name.
(2) Sue and be sued and complain and defend in the courts of this Commonwealth.
(3) Make and use a common seal and alter the same at its discretion.
(4) Purchase, exchange, acquire by gift or otherwise, hold, lease, let and convey, by sale or lease, real and personal property deemed to be in the best interest of the borough, subject to the restrictions, limitations or exceptions as set forth in this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 12 - Corporate Powers › Section 1201.3 - Exceptions

§ 1201.3. Exceptions.
(a) Sale of property.--
Nothing under this chapter requiring advertising for bids or sale at public auction and sale to the highest bidder shall apply if borough real or personal property is to be sold to any of the following:
(1) A county, city, borough, town, township, institution district, school district, volunteer fire company, volunteer ambulance service or volunteer rescue squad located within the borough.
(2) A council of government, consortium, cooperative or other similar entity created pursuant to 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation).
(3) An authority as defined in 53 Pa.C.S. § 5602 (relating to definitions).
(4) A nonprofit corporation engaged in community development or reuse only upon entering into a written agreement with the nonprofit corporation that requires the property to be used for industrial, commercial or affordable housing purposes. This exemption shall not apply to property on which existing governmental functions are conducted. This exemption shall also not apply to property owned and operated by the borough or subcontracted or operated on behalf of the borough in order to conduct existing government functions.
(5) A person for the person's exclusive use in an industrial development program.
(6) A nonprofit corporation organized as a public library for its exclusive use as a library.
(7) A nonprofit medical service corporation as authorized under section 1202(50) (relating to specific powers).
(8) A nonprofit housing corporation as authorized by section 1202(51).
(9) The Federal Government or the Commonwealth.
(10) A nonprofit museum or historical society for its exclusive use as a nonprofit museum or historical society.
(b) Sales to certain nonprofit corporations.--
When real property is to be sold to a nonprofit corporation organized as a public library for its exclusive use as a library or to a nonprofit medical service corporation or to a nonprofit housing corporation, council may elect to accept nominal consideration for the sale as it shall deem appropriate.
(c) Reversion.--
Real property sold under this section to a volunteer fire company, volunteer ambulance service or volunteer rescue squad, nonprofit medical service corporation or nonprofit housing corporation shall be subject to the condition that, when the property is not used for the purposes of the company, service, squad or corporation, the property shall revert to the borough.
Cross References.
Section 1201.3 is referred to in section 1201.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 12 - Corporate Powers › Section 1203 - Reserved powers

§ 1203. Reserved powers.
The council may make and adopt all ordinances, bylaws, rules and regulations not inconsistent with or restrained by the Constitution of Pennsylvania and laws of this Commonwealth as may be expedient or necessary for the proper management, care and control of the borough and its finances and the maintenance of peace, good government, safety and welfare of the borough and its trade, commerce and manufactures.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 13 - Taxation and Finance › Extra - Chapter Notes

Enactment.
Chapter 13 was added April 18, 2014, P.L.432, No.37, effective in 60 days.
Cross References.
Chapter 13 is referred to in sections 1005, 1059.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 13 - Taxation and Finance › Section 1302.1 - Different and separate tax levies

§ 1302.1. Different and separate tax levies.
(a) General rule.--
A borough may in any year levy separate and different rates of taxation for municipal purposes on all real estate classified as nonfarmland, exclusive of the buildings on the real estate, and on all real estate classified as either buildings on land or farmland. When real estate tax rates are so levied:
(1) The rates shall be determined by the requirements of the borough budget.
(2) A higher rate may be levied on real estate classified as nonfarmland than on real estate classified as either buildings on land or farmland if the respective rates on nonfarmland and on buildings or farmland are so fixed as not to constitute a greater levy in the aggregate than the levy to result from the maximum rate allowed by law on all real estate.
(3) The rates shall be uniform as to all real estate within the classification.
(b) Nonseverability.--
Notwithstanding section 104 (relating to constitutional construction), the provisions of this section are nonseverable. If any provision of this section or its application to any person or circumstance is held invalid, the remaining provisions or applications of this section are void.
(c) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Farmland."
Any tract of land that is actively devoted to agricultural use, including, but not limited to, the commercial production of crops, livestock and livestock products as defined in section 3 of the act of June 30, 1981 (P.L.128, No.43), known as the Agricultural Area Security Law.
"Nonfarmland."
Any tract of land that is not farmland.
Cross References.
Section 1302.1 is referred to in section 1303 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 13 - Taxation and Finance › Section 1303 - Special levy to pay debts

§ 1303. Special levy to pay debts.
In addition to the levies provided for in section 1302.1 (relating to different and separate tax levies), if the council refuses or neglects to levy a sufficient tax to pay the debts due by the borough, a court may, after ascertaining the amount of the indebtedness of the borough, direct a writ of mandamus to the proper officers of the borough to collect by special taxation an amount sufficient to pay the indebtedness in one or more annual installments, as determined reasonable by the court.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 13 - Taxation and Finance › Section 1304 - Special road fund tax

§ 1304. Special road fund tax.
(a) Authority.--
Any borough shall be empowered, within its general power to levy taxes, to collect annually a tax upon all real property taxable for borough purposes, not to exceed five mills on the dollar in any one year, for the purpose of creating and maintaining a special fund to be used by its borough in making permanent street improvements and to pay contract prices for paving and other permanent street improvements, prior to the collection of the cost and expense from the property owners adjoining or abutting the property by the borough under existing laws.
(b) Application.--
If the cost and expense or any part of the cost and expense of the construction of any permanent street improvement, which has been made under existing laws and which has been aided in its construction from the special fund provided for under this section, has been assessed and collected from the owners of the real property adjoining or abutting upon the improvement, it shall be applied to the credit of the special fund, to the extent of the withdrawal from the special fund for that purpose.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 13 - Taxation and Finance › Section 1305 - Date tax duplicate to issue

§ 1305. Date tax duplicate to issue.
Council shall, within 30 days after adoption of the budget or within 30 days after receipt of the assessment roll from the county, whichever is later, issue their duplicate of taxes assessed to the collector of taxes of the borough.