Bill Text: PA HB330 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for salaried mayor not to receive fees and for duties of solicitor and outside counsel.

Spectrum: Slight Partisan Bill (Democrat 11-4)

Status: (Engrossed - Dead) 2009-07-01 - Re-referred to APPROPRIATIONS [HB330 Detail]

Download: Pennsylvania-2009-HB330-Introduced.html

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PRINTER'S NO. 362
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 330 Session of2009
INTRODUCED BY READSHAW, ADOLPH, BUXTON, D. COSTA, DALEY, FLECK, KORTZ, KOTIK, MOUL, PALLONE, SCAVELLO, SIPTROTH, STABACK AND K. SMITH, FEBRUARY 10, 2009
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 10, 2009
AN ACT
Amending the act of February 1, 1966 (1965 P.L.1656, No.581),
entitled "An act concerning boroughs, and revising, amending
and consolidating the law relating to boroughs," further
providing for salaried mayor not to receive fees and for
duties of solicitor and outside counsel.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1026 of the act of February 1, 1966 (1965
P.L.1656, No.581), known as The Borough Code, is amended to
read:
Section 1026. Salaried Mayor Not to Receive Certain Fees.--
[Any] (a) Except as provided in subsection (b), any salary paid
pursuant to an ordinance shall be in lieu of all costs and fees
allowed a mayor. Costs and fees shall be taxed and collected by
the mayor and turned into the borough treasury. Any mayor, upon
assuming office for any elective or appointive term and at any
time no sooner than two years thereafter, shall be authorized to
elect to be paid by the fees and costs pertaining to his office
or by the salary fixed by ordinance for his office, and such
mayor shall thereupon receive as his compensation either the
fees and costs, or the fixed salary, as elected by him.
(b) Nothing in this act shall be construed to prevent a
mayor from receiving a monetary fee for the performance of a
marriage ceremony in this Commonwealth provided the fee does not
exceed one hundred fifty dollars ($150) for each ceremony
performed. Prior to performing these ceremonies, the mayor shall
notify council in writing of the mayor's intention to perform
marriage ceremonies. The notification shall remain in effect for
the term of the mayor or until such time as the notification is
rescinded by the mayor. The mayor shall keep accurate accounts
of the fees received relating to the performance of marriage
ceremonies and provide council each quarter with a report of
moneys received for that period. The quarterly report shall
include the amount of money received, the names of persons from
whom money was received along with the date and the location of
the performed ceremony and shall be considered a public record.
The receipt of a fee under this subsection shall not be
considered a violation of 65 Pa.C.S. Ch. 11 (relating to ethics
standards and financial disclosure) and shall not be considered
compensation under this act.
Section 2. Section 1117 of the act, amended July 1, 1992
(P.L.344, No.71), is amended to read:
Section 1117. Duties of Solicitor; Outside Counsel.--(a) The
borough solicitor, when directed or requested so to do by
council or the mayor, shall prepare or approve such bonds,
obligations, contracts, leases, conveyances, ordinances and
assurances to which the borough or any department thereof may be
a party; he shall commence and prosecute all actions brought by
the borough for or on account of any of the estates, rights,
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trusts, privileges, claims, or demands, as well as defend all
actions or suits against the borough, or any officer thereof,
wherein or whereby any of the estates, rights, privileges,
trusts, ordinances, or accounts, of the borough, or any
department thereof, may be brought in question before any court
in the Commonwealth; and shall do every professional act
incident to the office which he may be authorized or required to
do by the council or the mayor. He shall, whenever required,
furnish the council, or committees thereof, the mayor, or the
head of department, with his opinion in writing upon any
question of law which may be submitted by any of them in their
official capacities.
(b) In the case of a legal dispute between the mayor and
council, or in any other case where representation of the mayor
and council by the borough solicitor would create a conflict of
interest for the borough solicitor, the mayor is authorized to
employ outside counsel at borough expense, not to exceed [two
thousand five hundred dollars ($2,500)] four thousand dollars
($4,000) in any twelve-month period, to perform necessary legal
services.
Section 3. This act shall take effect in 60 days.
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