reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 6 - Wards › Section 603 - Notice of ordinance

§ 603. Notice of ordinance.
(a) Requirement.--
Notice of an ordinance enacted in accordance with section 601 (relating to creation and alteration) shall be given by publication once in a newspaper of general circulation.
(b) County board of elections.--
A copy of the ordinance, along with a plot showing the boundaries of the wards established, shall be forwarded to the county board of elections.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 6 - Wards › Section 606 - Terms of officers

§ 606. Terms of officers.
(a) Appointment.--
Except as provided under subsection (b), if council divides a borough into wards, it shall request the court of common pleas to appoint for each ward a judge and two inspectors of election to hold elections until the officers of the ward may be elected.
(b) Expiration.--
Except as provided under subsection (a), officers in office at the time any changes are made under this chapter shall remain in office until the expiration of the terms for which they have been elected. If a vacancy occurs, the vacancy shall be filled by the council, until the first Monday of January next succeeding the election at which the officers are to be elected, as provided under Chapter 8 (relating to elections of officers).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 6 - Wards › Section 606.1 - Construction of chapter

§ 606.1. Construction of chapter.
Nothing under this chapter shall be construed as affecting any of the following:
(1) The powers and duties of the court of common pleas or the county board of elections.
(2) Restrictions on alteration of election districts as provided under Article V of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 7 - Associations and Organizations › Section 701 - State Association of Boroughs

§ 701. State Association of Boroughs.
(a) Organization.--
The boroughs of the Commonwealth may organize a State Association of Boroughs for the purpose of advancing the interests of the boroughs. A borough may join the State Association of Boroughs by motion of council and payment of the annual dues. Each borough, after becoming a member, shall pay reasonable dues as determined by the State Association of Boroughs.
(b) Revenue.--
Revenue received by the State Association of Boroughs shall be used to pay for services, publications and other expenses authorized or ratified by the State Association of Boroughs or incurred on behalf of the State Association of Boroughs by its officers and committees.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 7 - Associations and Organizations › Section 701.1 - Authorization and expenses

§ 701.1. Authorization and expenses.
(a) Delegates.--
Council may, by motion, designate one or more delegates from the elected or appointed officers of the borough to attend the annual meeting of the State Association of Boroughs, which shall be held in this Commonwealth in accordance with the procedure adopted by the State Association of Boroughs.
(b) Nondelegates.--
Council may, by motion, designate one or more elected or appointed officers or employees of the borough to attend the annual meeting of the State Association of Boroughs as nondelegates or to attend a conference, educational training or committee meeting of the State Association of Boroughs.
(c) Expenses.--
The following shall apply:
(1) In addition to any compensation allowed under section 701.2 (relating to compensation), council may, for each delegate, elected or appointed officer or employee under subsection (a) or (b), pay the following expenses upon receipt of an itemized account of expenses:
(i) The registration fee.
(ii) Mileage for use of a personal vehicle or reimbursement of actual transportation expenses going to and returning from the annual meeting, conference, educational training or committee meeting of the State Association of Boroughs.
(iii) Any actual expenses that the council may have agreed to pay.
(2) Notwithstanding this subsection, at least one member of council shall be allowed the following expenses:
(i) The registration fee.
(ii) Lodging, meals and mileage for use of a personal vehicle or reimbursement of actual transportation expenses going to and returning from the meeting.
(iii) Any actual expenses that the council may have agreed to pay.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 7 - Associations and Organizations › Section 702 - County and regional associations of boroughs

§ 702. County and regional associations of boroughs.
(a) Organization.--
The boroughs of any county or of two or more adjoining or nearby counties may organize a county or regional association of boroughs, composed of elected and appointed borough officers in the county, organized for the purpose of furthering the interests of the boroughs in the county or regional association of boroughs and their inhabitants.
(b) Appropriation.--
A borough may annually appropriate no more than $100 for the support of the county or regional association of boroughs.
(c) Expenses.--
The following shall apply:
(1) The borough may pay the following expenses of each delegate for attendance at a meeting of the county or regional association of which the borough is a member:
(i) The registration fee.
(ii) Mileage for use of a personal vehicle or reimbursement of actual transportation expenses going to and returning from the meeting.
(iii) Any actual expenses that the council may have agreed to pay.
(2) Every delegate attending the meeting shall submit to the council an itemized account of expenses incurred.
(d) Compensation.--
The council may authorize borough employees to be compensated at their regular employee rate during their attendance at a meeting of the county or regional association. The council solely may authorize the mayor and any council member who is not employed by the borough to receive total or partial reimbursement for lost wages or salary while attending the meeting if sufficient documentation is presented to the council to justify the reimbursement.
(e) Other members.--
A county or regional association of boroughs may admit representatives of political subdivisions other than boroughs within the county as members. Members admitted under this subsection may not participate in any matter of concern solely to boroughs.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 7 - Associations and Organizations › Section 703 - Other associations and organizations

§ 703. Other associations and organizations.
(a) Authorization.--
A borough, by motion of council, may do any of the following:
(1) Join associations and organizations other than associations and organizations referred to under this chapter concerned with municipal or governmental affairs.
(2) Pay dues to and appropriate funds for the support of and participation in associations and organizations under paragraph (1).
(3) Send delegates to meetings or conferences of associations and organizations under paragraph (1).
(a.1) Compensation and expenses.--
The following shall apply:
(1) In addition to any compensation allowed by law for a delegate, the borough may pay the following expenses for each delegate under subsection (a)(3):
(i) The registration fee.
(ii) Mileage for use of a personal vehicle or reimbursement of actual transportation expenses going to and returning from the meeting or conference.
(iii) Any expenses that the council may have agreed to pay.
(2) Every delegate under subsection (a)(3) shall submit to the council an itemized account of expenses incurred.
(3) The council may authorize borough employees to be compensated at their regular employee rate during their attendance at an annual meeting or conference of an association or organization under paragraph (1). The time spent in attending the meeting or conference may not be more than four days, including the time traveling to and from the meeting or conference.
(b) Professional and educational meetings.--
A borough may, by motion of council, do any of the following:
(1) Authorize any of its officers and employees to attend any of the following:
(i) Meetings of professional organizations and associations.
(ii) Educational training sessions for individuals holding the same or similar office or employment.
(2) Pay all or a portion of the necessary expenses incident to an individual's attendance at meetings or sessions under paragraph (1).
(c) Itemized account.--
Every individual attending a conference, meeting or educational training session under this section shall submit to the council an itemized account of the individual's expenses, including traveling expenses or mileage, that council may have agreed to pay.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 7 - Associations and Organizations › Section 704 - Associations and organizations for mayors

§ 704. Associations and organizations for mayors.
(a) Authorization.--
A mayor may join a mayors' association, and council shall pay reasonable dues of up to $100 for each mayor belonging to the mayors' association. The mayor may attend the annual meeting of the mayors' association, which shall be held in this Commonwealth in accordance with the procedure adopted by the mayors' association.
(b) Expenses.--
A mayor may receive the following expenses for attending the annual meeting under subsection (a):
(1) The registration fee.
(2) Lodging, meals and mileage for use of a personal vehicle or reimbursement of actual transportation expenses going to and returning from the meeting.
(3) Any actual expenses that the council may have agreed to pay.
(c) Itemized account.--
Every mayor attending the annual meeting under subsection (a) shall submit to the council an itemized account of expenses incurred at the annual meeting of the mayors' association. The time spent in attending the annual meeting may not be more than four days, including time traveling to and from the meeting.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 7 - Associations and Organizations › Section 705 - National or State lodge of police officers

§ 705. National or State lodge of police officers.
(a) Authorization.--
A council may grant a borough employee who is a duly elected representative of a State lodge of police officers or a local lodge which is a part of any national or State lodge of police officers a leave of absence with pay to attend an annual national or State convention or conference of the lodge, for a period not to exceed four days, including necessary time for travel to and from the convention or conference.
(b) Certification.--
An employee receiving time off with pay under subsection (a) shall, upon return, submit to the employee's immediate superior a certificate testifying to the employee's attendance at the convention or conference, signed by at least two responsible officers of the convention or conference.
(c) Limitation.--
No more than two elected representatives who are employees of the same borough may attend a convention or conference on behalf of a lodge under this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 8 - Elections of Officers › Extra - Chapter Notes

Enactment.
Chapter 8 was added April 18, 2014, P.L.432, No.37, effective in 60 days.
Cross References.
Chapter 8 is referred to in section 606 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 8 - Elections of Officers › Section 801 - Eligibility

§ 801. Eligibility.
(a) Residency.--
The following shall apply:
(1) Except as provided under subsection (c), only registered electors of the borough shall be eligible to elective borough offices.
(2) Before being sworn into office, each elected borough officer shall present a signed affidavit to the borough secretary that states that the officer resides in the borough, or within the ward in the case of a ward office, from which elected and has resided in the borough continuously for at least one year immediately prior to the officer's election.
(b) Incompatible offices.--
A school director or a trustee of a charter school may not be elected to an elective borough office. No individual may hold more than one elective borough office at the same time.
(c) Exception.--
A borough with a population of less than 150 may permit residents that have not resided in the borough continuously for at least one year immediately before the election to be eligible to hold office.
Special Provisions in Appendix.
See sections 4(3)(iv) and 5 of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law and applicability.
References in Text.
Act 54 of 2017 added 53 Pa.C.S. § 1142, which provides that "active military duty" shall not disqualify a person from fulfilling residency requirements for municipal elective office and that one who is a resident of a municipality for at least one year immediately prior to the person's absence due to active military duty shall be deemed to be an ongoing resident of the municipality for purposes of any residency requirement of office unless and until the person demonstrates an intent to establish a new domicile outside the municipality.
Cross References.
Section 801 is referred to in sections 816, 901 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 8 - Elections of Officers › Section 804 - Term and bonds

§ 804. Term and bonds.
(a) Terms.--
The following shall apply:
(1) Except as provided under paragraph (2), an individual elected to a borough office shall serve for the term for which the individual was elected.
(2) If a vacancy in office occurs, it shall be filled in the manner provided under this part.
(b) Bonds.--
The following shall apply:
(1) Except as provided under paragraph (2), if an elected official of a borough is required to give a bond for the faithful performance of the elected official's duties, the borough may pay the premium for the bond.
(2) A borough shall pay a proportionate share of the cost of a tax collector's bond within the same ratio as the amount of borough taxes bears to the total amount of all taxes indicated by the tax duplicate to be collected by the tax collector during the year preceding the date the premium is due.
Cross References.
Section 804 is referred to in section 1103 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 8 - Elections of Officers › Section 805 - Election after creation

§ 805. Election after creation.
(a) Officers.--
The officers of a borough provided for under section 806 (relating to officers elected) shall be elected at the appropriate municipal election and take office on the first Monday of January succeeding the election if any of the following occur:
(1) A borough is incorporated under Subchapter A of Chapter 2 (relating to incorporation).
(2) At least two boroughs are consolidated under 53 Pa.C.S. Ch. 7 Subch. C (relating to consolidation and merger).
(3) A borough is created from a city of the third class under Subchapter C of Chapter 2 (relating to creation from cities of the third class).
(b) Terms.--
The following shall apply:
(1) Except as provided under paragraph (2) and at the election under subsection (a), if a borough is not divided into wards, the following members shall be elected to coincide with the number of members of council elected in boroughs existing on January 1, 1966, under section 811 (relating to election):
(i) Three or four members of council shall be elected for terms of two years each.
(ii) Three or four members of council shall be elected for terms of four years each.
(2) One member of council shall be elected from each ward for a term of two years and one member of council shall be elected from each ward for a term of four years in any of the following:
(i) A consolidation of two or more boroughs into one borough.
(ii) The creation of a borough from a city of the third class.
(iii) If two members of council are to be elected from each ward.
(3) In any borough under subsection (a), three auditors shall be elected as follows:
(i) One for a term of two years.
(ii) One for a term of four years.
(iii) One for a term of six years.
(4) Any officers of a borough not listed under this section shall be elected for terms of two or four years to coincide with the terms of officers elected under this part in the existing boroughs.
Cross References.
Section 805 is referred to in sections 211, 233 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 8 - Elections of Officers › Section 806 - Officers elected

§ 806. Officers elected.
(a) Officers.--
The electors of the borough may elect:
(1) A mayor, who shall be elected at municipal elections every four years.
(2) A tax collector, who shall be elected at municipal elections every four years and must be a properly qualified individual. A magisterial district judge may not hold the office of tax collector and the office of magisterial district judge at the same time.
(3) Unless the borough provides for one appointed auditor under section 1005(7) (relating to powers of council), three auditors or one controller. The following shall apply:
(i) In boroughs providing for three elected auditors, one auditor shall be elected at each municipal election for a term of six years.
(ii) In boroughs providing for one elected controller, the controller shall:
(A) be elected at the municipal election;
(B) be a competent accountant and a registered elector of the borough for at least four years prior to the individual's election; and
(C) serve for a term of four years.
(4) As follows:
(i) Except as provided under subparagraph (ii), in boroughs not divided into wards, seven members of council.
(ii) In a borough with a population of less than 3,000 as determined by the latest official census, the total number of members of council may be reduced from seven to five or to three upon petition to the court of common pleas, as provided under section 818 (relating to decrease in number of members of council).
(5) As follows:
(i) Except as provided under subparagraph (ii), in boroughs divided into wards, at least one and not more than two members of council in each ward.
(ii) In boroughs in which prior to January 1, 1966, three members of council were elected in each ward, three members of council in each ward unless the number is reduced as provided under this part. Members of council shall:
(A) be residents of the ward from which they are elected; and
(B) be chosen by the electors of the ward.
(b) Terms.--
The term of an elected officer under this section shall begin the first Monday of January succeeding the individual's election.
Cross References.
Section 806 is referred to in section 805 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 8 - Elections of Officers › Section 811 - Election

§ 811. Election.
Biennially, at the municipal election, a sufficient number of members of council shall be elected to fill the places of members whose terms shall, under this part, expire on the first Monday of January following the election. Members elected under this section shall serve for a term of four years from the first Monday of January succeeding the municipal election.
Cross References.
Section 811 is referred to in section 805 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 8 - Elections of Officers › Section 812 - Election of members of council

§ 812. Election of members of council.
(a) General rule.--
If council, by ordinance, divides any borough into wards, erects new wards out of two or more wards or parts of wards or divides a ward already erected into two or more wards, the ordinance shall provide for the election of an equal number of members of council, in each of the wards, in a manner as not to interfere with the terms of those previously elected.
(b) Election of members.--
The following shall apply:
(1) If a borough is first divided into wards, the ordinance providing for the division shall fix the number of members of council in each ward at not more than two. If the entire number of council is to be composed of an even number, one-half of the entire number must be elected at each municipal election. If the entire number of council is to be an odd number, the ordinance shall establish two classes and provide that one-half of the entire number of members of council, less one, shall, as soon as possible, take their office in a year divisible by four, and the remaining number of members of council shall take their office in an even-numbered year not divisible by four.
(2) The apportionment under paragraph (1) shall be equal or as nearly equal as possible representation by wards in each class. Biennially, at each municipal election, a sufficient number of members of council shall be elected, for the term of four years from the first Monday of January succeeding the election, to fill the places of those whose terms shall expire on the first Monday of January following the election.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 8 - Elections of Officers › Section 813 - Fixing number of members of council

§ 813. Fixing number of members of council.
If, upon the division of a borough into wards or the creation of a new ward, the number of members of council cannot be equally divided among the wards of the borough, it shall be lawful for council to increase the number of council members to and not exceeding a number that will enable equal apportionment of the members among the several wards of the borough. If a borough is first divided into wards, the number of members of council provided for a ward may not exceed two.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 8 - Elections of Officers › Section 814 - Increase in number of ward council members

§ 814. Increase in number of ward council members.
Council may, upon petition of at least 5% of the registered electors of the borough, increase the number of members of council to any number not exceeding two for each ward. The sufficiency of the number of signers to the petition shall be ascertained as of the date when the petition is presented to council.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 8 - Elections of Officers › Section 817 - Vacancies created after a primary election

§ 817. Vacancies created after a primary election.
If a vacancy is created in the office of a member of council by any ordinance or decree of court as provided in this subchapter after a primary election, it may be filled by nomination made by the committee as is authorized by the rules of the party to make nominations in the event of vacancies on the party ticket.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 9 - Vacancies in Office › Section 902 - Collection of taxes where vacancy in office of tax collector not filled

§ 902. Collection of taxes where vacancy in office of tax collector not filled.
If a vacancy in the office of tax collector exists and no registered elector of the borough has, within 30 days, received the appointment to fill the vacancy, the county commissioners, the council and the board of school directors of the school district shall collect the tax for the county, the borough and the school district, respectively, through their respective treasurers, or for school districts, at the option of the district, through their secretaries, and for boroughs, at the option of the council, through their secretaries or borough managers. Nothing in this section shall prohibit a borough from providing for agreements or the joint collection of taxes in accordance with sections 4.2 and 4.4 of the act of May 25, 1945 (P.L.1050, No.394), known as the Local Tax Collection Law.
Special Provisions in Appendix.
See section 4(3)(vi) 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 9 - Vacancies in Office › Section 903 - Right of council to declare seat of member vacant for failure to qualify

§ 903. Right of council to declare seat of member vacant for failure to qualify.
If an individual, elected or appointed as a member of council and notified of election or appointment refuses or neglects to qualify as a member of council within ten days following the beginning of the individual's term of office, unless prevented by sickness or necessary absence from the borough, the council, acting without the individual, may declare the individual's office as member of council vacant and may fill the vacancy as provided in section 901 (relating to filling vacancies in elective borough offices). For these actions, a majority of the remaining members of the council shall constitute a quorum.
Cross References.
Section 903 is referred to in section 1003 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 9 - Vacancies in Office › Section 904.1 - Removal of elected official and appointee

§ 904.1. Removal of elected official and appointee.
(a) Rule.--
A borough officer who is elected or appointed to fill a vacancy in elective office may be removed from office as follows:
(1) By impeachment.
(2) By the Governor for reasonable cause after notice and full hearing on the advice of two-thirds of the Senate.
(3) On conviction of misbehavior in office or of an infamous crime.
(b) Title.--
The title to office of a borough officer under subsection (a) may be tried by quo warranto.
Special Provisions in Appendix.
See section 4(3)(vii) 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 9 - Vacancies in Office › Section 905 - Temporary auditor

§ 905. Temporary auditor.
If for any reason two or three vacancies exist in the office of borough auditors, the council may temporarily appoint and reasonably compensate a qualified individual, who need not be an elector of the borough, who shall have all the powers and duties of the two or three auditors whose offices are vacated.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 10 - Powers and Duties of Elected Officials › Extra - Chapter Notes

Enactment.
Chapter 10 was added April 18, 2014, P.L.432, No.37, effective in 60 days.
Cross References.
Subchapter C is referred to in section 1005 of this title.
Enactment.
Chapter 10A was added April 18, 2014, P.L.432, No.37, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 10 - Powers and Duties of Elected Officials › Section 1002 - Oath of members of council

§ 1002. Oath of members of council.
Before entering upon the duties of their offices, the members of council shall take and subscribe an oath or affirmation of office under 53 Pa.C.S. § 1141 (relating to form of oaths of office). The oath or affirmation may be taken before any judge or magisterial district judge of the county, a notary public or the mayor of the borough when the individual has qualified, and the oath or affirmation shall be filed with the borough secretary and preserved among the records of the borough for a period of six years.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 10 - Powers and Duties of Elected Officials › Section 1003 - When the mayor may preside over council and vote, attendance of mayor at council meetings and breaking tie votes

§ 1003. When the mayor may preside over council and vote, attendance of mayor at council meetings and breaking tie votes.
(a) Presiding over meetings.--
The mayor shall preside over the organization of the council until it is organized as provided in section 1001 (relating to organization of council, quorum, participation by telecommunication device, voting, compensation and eligibility) and shall be deemed a member of council at the organizational meeting if the mayor's membership becomes necessary to constitute a quorum.
(b) Voting at meetings.--
The mayor shall not vote at the meeting unless the mayor's vote shall, for any reason, be required to effect the organization of council or to elect any officer who is required to be or may be elected at the organizational meeting. If the mayor is absent from the organizational meeting, one of the members of council physically present at the meeting and chosen by the members eligible to vote at the meeting shall preside.
(c) Attendance.--
The mayor may attend any or all regular and special meetings of council and take part in the discussions of the council on matters pertaining to borough affairs, subject to any restrictions applicable to members of council contained in the rules of order or bylaws of the council.
(d) Tie votes.--
(1) If, by reason of a tie or split vote, the council shall be unable to:
(i) enact or pass any ordinance, resolution or motion;
(ii) declare any vacancy pursuant to section 903 (relating to right of council to declare seat of member vacant for failure to qualify);
(iii) fill any other vacancy in its membership or in any other borough office; or
(iv) take any action on any matter lawfully brought before it;
the mayor, if in attendance at the meeting, may, at the mayor's option, cast the deciding vote or shall direct that the matter be tabled until a special meeting of council.
(2) The special meeting of council shall be held within not less than five days or more than ten days at which time the matter shall be reconsidered by council.
(3) If a tie or split vote still exists, it shall be the duty of the mayor at that time to cast the deciding vote.
(4) If a tie or split vote occurs at any meeting when the mayor is not in attendance, the matter shall be tabled to a special meeting to be held within not less than five days or more than ten days as set by the president of council, and the mayor shall be given at least five days' notice of the meeting, at which meeting it shall be the duty of the mayor to cast the tie-breaking vote.
Cross References.
Section 1003 is referred to in section 10A01 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 10 - Powers and Duties of Elected Officials › Section 1004 - Failure of council to organize

§ 1004. Failure of council to organize.
If the council of any borough fails to organize within ten days from the time prescribed in this chapter, the court of common pleas, upon the petition of at least ten registered electors of the borough verified by the affidavit of one of the petitioners, shall issue a rule upon the delinquent members of council to show cause why their seats should not be declared vacant. The rule shall be returnable not less than five days from the time of its issue, and, after hearing, the court may declare the seats of the members of council responsible for the failure to organize vacant and shall appoint others in their place, who shall hold office for the respective unexpired terms.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 10 - Powers and Duties of Elected Officials › Section 1006 - Duties of council

§ 1006. Duties of council.
It shall be the duty of council:
(1) To organize, under section 1001 (relating to organization of council, quorum, participation by telecommunication device, voting, compensation and eligibility), in even-numbered years.
(2) To meet at a stated time at least once a month. Council may adjourn to a stated time for general business or for special businesses. If no quorum is present at a regular, special or reconvened meeting, a majority of those who do meet may agree upon another date for like business in a manner consistent with 65 Pa.C.S. Ch. 7 (relating to open meetings). Special meetings may be called by the president of council or upon written request of at least one-third of the members of council. Members shall have at least 24 hours' notice of the special meetings. The notice shall state whether it is for general or special purposes, and, if it is for special purposes, the notice shall contain a general statement of the nature of the business to be transacted. Presence at a meeting constitutes waiver of notice. Council may adopt rules relating to the calling and holding of special meetings, which rules shall supersede the provisions of this section, provided that the rules comply with the provisions of 65 Pa.C.S. Ch. 7.
(3) To make and preserve records of its proceedings.
(4) To enact, revise, repeal and amend ordinances and resolutions under Chapter 33 (relating to ordinances), and bylaws, rules and regulations, not inconsistent with the laws of this Commonwealth, as it deems beneficial to the borough and to provide for the enforcement of the same. Unless otherwise provided, all powers shall be exercised by vote of the majority of council eligible to vote at a meeting. Routine, ministerial or administrative purchases and powers may be made and exercised by officers or committees if authority for the action was previously given or if the action is subsequently ratified by council. If any action by the council results in a specific written contract or agreement, the contract or agreement shall be signed by the president of the council.
(5) To cause notices to be served, as required by law or ordinance, in a manner council may by motion or other action decide.
(6) To fix the compensation of all of the borough officers, appointees and employees.
(7) To fix the amount of security to be given by the treasurer and by other officers, appointees and employees as it may designate.
Cross References.
Section 1006 is referred to in section 10A07 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 10 - Powers and Duties of Elected Officials › Section 1009 - Typewritten, printed, photocopied, microfilmed and electronically or digitally stored records valid and recording or transcribing records

§ 1009. Typewritten, printed, photocopied, microfilmed and electronically or digitally stored records valid and recording or transcribing records.
(a) Validity.--
All borough records required to be recorded or transcribed shall be deemed valid if typewritten, printed, photocopied, microfilmed or electronically or digitally stored or retained by any other process that accurately reproduces the original and forms a durable medium for recording, storing and reproducing in accordance with the act of May 9, 1949 (P.L.908, No.250), entitled "An act relating to public records of political subdivisions other than cities and counties of the first class; authorizing the recording and copying of documents, plats, papers and instruments of writing by digital, photostatic, photographic, microfilm or other process, and the admissibility and enlargements in evidence; providing for the storage of duplicates and sale of microfilm and digital copies of official records and for the destruction of other records deemed valueless; and providing for the services of the Pennsylvania Historical and Museum Commission to political subdivisions."
(b) Requirements.--
If recording or transcribing in a specified book of record is required, including minutes of the proceedings of the council, the records shall be recorded or transcribed as follows:
(1) in a mechanical post binder book capable of being permanently sealed with consecutively numbered pages with a security code printed on it and a permanent locking device with the borough seal being impressed upon each page; or
(2) in a bound book with pages being consecutively numbered by transcribing directly upon the pages of the book of record or by permanently attaching the records or copies to the book of record with the borough seal being impressed upon each page to which the record is attached, with each impression covering both a portion of the attached record and a portion of the page of the book of record to which the record is attached.
(c) Previously recorded documents.--
All records previously recorded or transcribed in any manner authorized by this part at the time the records were recorded or transcribed are validated.
Cross References.
Section 1009 is referred to in section 1111 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 10 - Powers and Duties of Elected Officials › Section 1014 - Hearings before council; witnesses

§ 1014. Hearings before council; witnesses.
Councils may compel the attendance of witnesses and the production of books, papers or other evidence at any meeting of the council or any committee of the council and for that purpose may issue subpoenas, signed by the president of council or the chair of the committee, which shall be served in any part of this Commonwealth. If a witness refuses to testify to any fact within the witness's knowledge or to produce any books or papers in the witness's possession or control required to be used as evidence in any case, the borough solicitor shall report the facts relating to the refusal to the court of common pleas. If the court determines the evidence required of the witness to be legal and competent, it shall order the witness to testify or produce the evidence required.
Cross References.
Section 1014 is referred to in section 1015 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 10 - Powers and Duties of Elected Officials › Section 1015 - Witness fees and mileage

§ 1015. Witness fees and mileage.
No individual residing outside the borough and subpoenaed under section 1014 (relating to hearings before council; witnesses) shall be required to respond to the subpoena until mileage to and from the borough at the rate established by the council under the act of July 20, 1979 (P.L.156, No.51), referred to as the Uniform Mileage Fee Law, and witness fees as required by law relating to witnesses have been paid.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 10 - Powers and Duties of Elected Officials › Section 1016 - Examination of witnesses; penalty

§ 1016. Examination of witnesses; penalty.
An individual called as a witness, as provided in this chapter, may be examined under oath, administered by the president of council or chair of the committee and, for the giving of false testimony, shall be liable for prosecution under applicable laws for perjury.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 10 - Powers and Duties of Elected Officials › Section 1041 - Auditors to meet yearly and audit accounts

§ 1041. Auditors to meet yearly and audit accounts.
(a) First meeting.--
The auditors of the borough shall meet on the first Tuesday of January of each year and shall organize by the election of a chair and a secretary. If the first Tuesday is a legal holiday, the meeting and organization shall take place the following day. Two auditors shall constitute a quorum.
(b) Audits.--
The auditors:
(1) Shall audit, adjust and settle the accounts of the tax collectors, the magisterial district judge and all officers of the borough.
(2) May audit, adjust and settle the accounts of any person, corporation, association, organization, committee or commission receiving or expending borough funds.
(3) Audit and report to the council, upon the accounts of every officer of the borough, upon the death, resignation, removal or expiration of the term of the officer.
Unless otherwise agreed to by the auditors and the person being audited, the audit shall be conducted at the place the records of the person are normally kept.
(b.1) Cancellation.--
All orders, vouchers and certificates of indebtedness which have been paid shall, on their presentation to the auditors, be canceled by writing or stamping the word "audited" on the face of the documents.
(c) (Reserved).
(d) (Reserved).
(e) (Reserved).
(f) (Reserved).
(g) (Reserved).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 10 - Powers and Duties of Elected Officials › Section 1053 - Compensation of auditors

§ 1053. Compensation of auditors.
(a) General compensation.--
Subject to the limitations set forth in subsection (b), each auditor shall receive $10 per hour for each hour or portion of an hour necessarily employed in the discharge of the auditor's duties, to be paid by the borough.
(b) Limits.--
No auditor in a borough having a population of 10,000 or less shall be entitled to receive more than $1,000 for completing the annual audit, settlement and adjustment. No auditor in a borough having a population in excess of 10,000 shall be entitled to receive more than $2,000 for completing the annual audit, settlement and adjustment.
(c) Reimbursements.--
Each auditor shall be reimbursed for travel costs incurred in the performance of the auditing duties at the rate established by the council under the act of July 20, 1979 (P.L.156, No.51), referred to as the Uniform Mileage Fee Law, and for other actual expenses, including postage, notary fees or publication costs, necessarily incurred during the audit.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 10 - Powers and Duties of Elected Officials › Section 1055 - Subpoenas, oath and perjury

§ 1055. Subpoenas, oath and perjury.
(a) Subpoenas.--
A majority of the auditors of any borough shall have the power to issue subpoenas to obtain the attendance of the persons whose accounts they are required to adjust, their executors and administrators, and of any persons whom it may be necessary to examine as witnesses and to compel their attendance, and may also compel the production of all documents, including books, vouchers and papers relative to borough accounts. If any person refuses or neglects to appear, to produce documents or to testify, the auditors shall petition the court of common pleas of the county to issue a subpoena to the person and to require the person to produce documents or to appear and to testify before the court. The court shall issue the subpoena if it deems the documents or testimony relevant to the issue.
(b) Oaths.--
The auditors of any borough shall have power to administer oaths and affirmations to all persons brought or appearing before them, whether accountants, witnesses or otherwise. Persons guilty of swearing or affirming falsely on the examination commits perjury.
Cross References.
Section 1055 is referred to in section 1059.11 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 10 - Powers and Duties of Elected Officials › Section 1058 - Pay of witnesses

§ 1058. Pay of witnesses.
Witnesses, other than officers of the borough, appearing before the auditors and individuals or officers serving subpoenas shall be paid, out of the borough treasury upon authorization signed by a majority of the auditors and orders drawn on the borough treasury, the same fees as are payable for rendering similar services in civil proceedings before a magisterial district judge. The amount paid shall be made a part of the charge against any officer who shall be charged by the auditors with any balance, if the costs have been incurred in establishing the balance. The costs collected from any officer shall be repaid into the borough treasury.
Cross References.
Section 1058 is referred to in section 1059.11 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 10 - Powers and Duties of Elected Officials › Section 1059 - Auditors to settle accounts where witnesses do not appear

§ 1059. Auditors to settle accounts where witnesses do not appear.
If any person in possession of documents relative to public accounts before auditors refuses to produce the same or if any officer whose accounts are to be settled and adjusted by the auditors refuses to appear or submit to examination as directed by this subchapter, the auditors or a majority of them may proceed, by the examination of witnesses and other evidence, to ascertain and settle, as near as may be, the amount of public money received by the officer and its application to public purposes or otherwise.
Cross References.
Section 1059 is referred to in section 1059.11 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 10 - Powers and Duties of Elected Officials › Section 1059.2 - Attorney to auditors

§ 1059.2. Attorney to auditors.
The borough auditors may employ an attorney if deemed advisable by a majority of the auditors. The auditors, with the agreement of council, shall determine the compensation to be paid to the attorney. If the auditors and council cannot agree on the compensation, upon petition of the auditors, the court of common pleas shall establish the compensation for the attorney employed by the auditors. The compensation for the attorney shall be paid out of the borough general fund.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 10 - Powers and Duties of Elected Officials › Section 1059.3 - Surcharge by auditors

§ 1059.3. Surcharge by auditors.
(a) Surcharges.--
(1) The amount of any balance or shortage or of any expenditure of a kind or made in a manner prohibited or not authorized by statute which causes a financial loss to the borough shall be a surcharge against any officer against whom the balance or shortage shall appear, or who by vote, act or neglect has permitted or approved the expenditure.
(2) The following shall apply:
(i) No elected or appointed official of a borough may be surcharged for any act, error or omission in excess of the actual financial loss sustained by the borough.
(ii) A surcharge shall take into consideration as its basis the results of the act, error or omission and the results had the procedure been strictly in accordance with law.
(iii) Subparagraph (i) shall not apply to cases involving fraud or collusion on the part of officers nor to any penalty enuring to the benefit of or payable to the Commonwealth. Notwithstanding this section, the procedures in the act of May 25, 1945 (P.L.1050, No.394), known as the Local Tax Collection Law, shall apply to balances and shortages in the tax accounts of the tax collector.
(b) Illegal acts.--
In any matter involving a financial transaction, any official knowingly and willfully acting contrary to law commits a misdemeanor and, upon conviction, may be sentenced to pay a fine not exceeding $100.
Cross References.
Section 1059.3 is referred to in sections 1059.1, 1059.11 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 10 - Powers and Duties of Elected Officials › Section 1059.4 - Appeals from audit

§ 1059.4. Appeals from audit.
It shall be lawful for the borough, or any taxpayer of the borough on its behalf, or any person whose account is settled or audited, to appeal from the settlement or audit, as shown in the auditors report, to the court of common pleas of the county no later than 40 days from the date of the filing of the auditor's report with the clerk of common pleas.
Cross References.
Section 1059.4 is referred to in sections 1059.1, 1059.8 of this title.