11 Pa.C.S. Ch. 109

11 Pa.C.S. Ch. 109
in effect

11 Pa.C.S. § 10901 Appointment, removal and prohibition.

(a) Powers and duties.--Council: (1) May appoint and dismiss any city officer and employee, except for an elected officer. (2) Shall provide for the removal of an officer of the city whose office is established by ordinance, except as provided under this chapter. (b) Elective city office.--The following shall apply to an individual holding an elective city office: (1) The individual must be removed from office in accordance with the Constitution of Pennsylvania as follows: (i) by impeachment; (ii) by the Governor for reasonable cause after due notice and full hearing on the advice of two-thirds of the Senate; or (iii) upon conviction of misbehavior in office or of any infamous crime. (2) This chapter and other provisions of law requiring a forfeiture of office upon the conviction of a crime shall apply only if the court determines that the conviction is for misbehavior in office or for an infamous crime. (3) Nothing under this section shall prevent title to an elected city office from being tried by proceedings of quo warranto as provided under law. (c) Appointed office or position.--The following shall apply to an individual who is appointed to a city office or position, except for elective offices: (1) The individual may be removed by the appointing power, except as limited under law or the Constitution of Pennsylvania. (2) The individual must be removed on conviction of misbehavior in office or of an infamous crime. (d) Prohibition.--Except as otherwise provided under law, an individual may not concurrently hold elective city office and be an employee of the same city. Cross References. Section 10901 is referred to in sections 10902, 10905, 10908, 11209, 11912 of this title.

11 Pa.C.S. § 10902 Number, duties and compensation.

(a) Prescription.--Except as otherwise provided under this chapter, council may prescribe, by ordinance, the number, duties and compensation of the officers and employees of the city. (b) Limitations.--The following shall apply to compensation paid to an officer or employee of the city: (1) A payment may not be authorized from the city treasury to an officer or employee of the city unless that officer or employee has been elected or appointed in accordance with law. (2) Unless previously authorized under law, an ordinance may not give extra compensation to an officer or employee of the city. (c) Offense.--An officer drawing or countersigning a document authorizing payment or passing or paying a voucher contrary to this section commits a misdemeanor and shall, upon conviction, be: (1) subject to forfeiting office in accordance with section 10901(b)(2) (relating to appointment, removal and prohibition); and (2) sentenced to pay a fine of not more than $5,000 or to imprisonment for not more than one year, or both.

11 Pa.C.S. § 10903 Salary, compensation and emoluments of officers.

(a) Prohibition.--A city may not increase or diminish the salary, compensation or emoluments of an elected officer after the officer's election. A change in salary, compensation or emoluments of an elected office shall take effect at the beginning of the next term of the member of council or other elected official. (b) Retirement benefits.--Nothing under subsection (a) shall be construed to limit retirement benefits applicable to each employee and officer.

11 Pa.C.S. § 10904 Offices to be held until qualification of successors.

(a) Successor.--An officer of a city, who has been elected or appointed and has qualified under this chapter, shall hold office until the officer's successor meets all of the following: (1) Is elected or appointed and takes the oath of office. (2) Provides the necessary bond. (3) Takes other necessary actions required by law to qualify to assume office. (b) Failure to appear.--If an elected official fails to appear at the organizational meeting of council to demonstrate the official's qualifications for office and to take the oath of office either: (1) the official must fully qualify for office and take the oath of office within 14 days of the date of the organizational meeting of council; or (2) the office of that elected official shall be deemed to be vacant and the vacancy shall be filled in the manner provided by this chapter. (c) Multiple terms expiring.--Members whose terms have expired and who are to be replaced shall draw lots to determine which of the members shall continue to serve on council until the member's successor duly qualifies or takes the oath of office when all of the following apply: (1) The terms of office of more than one council at-large member expire. (2) More than one seated council member is to be replaced as the result of an election. (3) Only one of the newly elected council members fails to qualify to assume office. (d) Continuing to hold office.--An individual continuing to hold office under this section after the first Monday of January, which would have marked the end of the individual's term, may not participate in: (1) The deliberations concerning the individual's successor. (2) A vote appointing the individual's successor. Cross References. Section 10904 is referred to in sections 10701, 11202 of this title.

11 Pa.C.S. § 10905 Oath of office, violation of oath and penalty.

(a) Oath required.--Each officer of the city, whether elected or appointed, shall, before entering upon the officer's respective duties, take and subscribe an oath or affirmation of office pursuant to 53 Pa.C.S. § 1141 (relating to form of oaths of office). (b) Oath as qualification.--An individual who refuses to take the oath shall be deemed not to have met the qualifications to hold office. (c) Violation.--An individual who violates the individual's oath: (1) commits a misdemeanor; and (2) upon conviction shall be: (i) sentenced to pay a fine of not more than $1,000 or to imprisonment for not more than one year, or both; and (ii) subject to forfeiting office in accordance with section 10901 (relating to appointment, removal and prohibition). Cross References. Section 10905 is referred to in sections 10701, 11004, 11202, 12303 of this title.

11 Pa.C.S. § 10906 Bond to be given by officers and agents.

(a) Bond.--In addition to the requirements for bonding that may be imposed by this chapter or any other law, council may require from each elected or appointed officer and agent of the city a lawful bond with corporate surety for the faithful performance of his or her duties. (b) Requirement.--An officer or agent required by law or ordinance to give bond may not be sworn into office or enter upon the duties of office until the bond has been approved by the proper authority.

11 Pa.C.S. § 10907 Surety bonds, insurance and premiums.

(a) Bonds.--Unless otherwise provided by this chapter or any other provision of law, the following shall apply when an elected or appointed officer or employee of a city is required to give a bond: (1) The bond shall be for the faithful performance of the duties of the elected or appointed officer or employee. (2) The bond shall be endorsed by a surety or other company that is: (i) Authorized by law to act as a surety. (ii) Qualified to do business in this Commonwealth. (3) The bond of an elected or appointed officer or employee shall be with a corporate surety and not with an individual or personal surety. (4) The city shall pay the premium on the bond, unless either: (i) all or a portion of the premium on the bond is to be paid by the Commonwealth or political subdivisions other than the city; or (ii) provisions are otherwise made in law for payment of the premium on the bond, in which case the city shall pay the unpaid portion of the premium. (5) The bond shall be approved by the city solicitor. (6) In addition to any other conditions required by law, the bond shall be in the sum and with conditions as council may direct. (b) Exception.--Except as may be otherwise provided in section 11402 (relating to bond, insurance and salary), when an elected or appointed officer or employee of a city is required to give a bond for the faithful performance of the officer's or employee's duties, in lieu of the bond council may: (1) Purchase one or more blanket bonds for elected or appointed officers or employees. (2) Purchase insurance provided that the insurance covers the same events of loss and insures the city against the same misconduct as the bond required under this chapter. (c) Insurance.--In addition to a bond required by this chapter or insurance in lieu of the bond, council may require insurance in accordance with the following: (1) A city officer or employee who as part of the officer's or employee's official duties handles money or has money in the officer's or employee's possession may be required to be covered by adequate insurance which provides the types of protection against loss as may be designated by council. (2) Council may require the insurance to include protection against loss through robbery, burglary or larceny. (3) The cost of the insurance shall be paid by the city and the amount of the insurance shall be fixed by council. Cross References. Section 10907 is referred to in sections 11402, 11408, 11701, 11802, 11803 of this title.

11 Pa.C.S. § 10908 Officers not to become surety on bonds given to city and penalty.

(a) Surety.--A city officer or member of council may not become the surety on a bond or obligation given to the city by an agent or contractor for the faithful performance of a trust, agency or contract. (b) Penalty.--An individual violating a provision of this section commits a misdemeanor and shall, upon conviction, be: (1) Subject to forfeiting office in accordance with section 10901 (relating to appointment, removal and prohibition). (2) Sentenced to pay a fine of not more than $100.

11 Pa.C.S. § 10909 Money and accounts to be delivered by officer to successor.

(a) Delivered.--All money, accounts, property, documents or effects belonging to the city in the possession of an officer of the city shall be either: (1) returned to the city upon the officer's termination of office; or (2) delivered to the officer's qualified successor. (b) Violation.--An individual violating the provisions of this section shall be subject to prosecution in accordance with the applicable provisions of 18 Pa.C.S. (relating to crimes and offenses). (c) Limitation.--Nothing set forth in this section may limit any other remedies at law or in equity available to the city.

11 Pa.C.S. § 10916 Pennsylvania Municipal League and other municipal affairs organizations.

(a) Unification.--A city may: (1) unite with: (i) one or more cities; (ii) cities of two or more classes; and (iii) one or more municipalities; (2) form and organize a league of cities and municipalities; and (3) hold annual conventions for the study and consideration of municipal affairs of concern that pertain to the cities and municipalities comprising the league. (b) Delegates.--A city that is a member of the league may do the following: (1) Send delegates to the league. (2) Pay the necessary expenses, including: (i) Incidental expenses to attend the annual convention. (ii) Dues to the league. (iii) Appropriate money to join and participate in any of the various business and training programs of the league designed to address municipal needs in a cost-efficient manner. (3) Provide a fund for the necessary costs and expenses of the league and league conventions. (c) Accounting.--Each delegate shall submit to the city controller for approval an itemized account of the delegate's expenses to be paid under the authority of this section. (d) Appropriation.--Council is authorized to appropriate money for support of and participation in other organizations at the national and State level concerned with municipal affairs.

11 Pa.C.S. § 10917 Powers of subpoena and compelling testimony.

(a) Applicability.--This section shall apply to any of the following which are specifically empowered to conduct hearings and investigations: (1) an officer or official of the city; or (2) a city agency created or authorized to be created by this part. (b) Issuance.--For the purposes of a hearing or investigation, the officer, official or city agency under subsection (a) shall have the authority to issue subpoenas for the following: (1) attendance and giving of testimony by witnesses as are subject to the subpoenas of the courts of record of this Commonwealth; and (2) as duces tecum as to the witnesses. (c) Format.--In the case of a city agency, the subpoenas shall be issued in the name of the city and of the agency upon the signature of the presiding officer of the city and the official seal, if any, of the agency. (d) Service.--Subpoenas shall be served by an individual 18 years of age or older, as directed by the city or city agency, in accordance with the Rules of Civil Procedure, and return of service shall be filed in accordance with law and applicable rules of court. (e) Enforcement.--Subpoenas issued by an officer or official of the city or a city agency shall be enforced in the same manner, and violations of a subpoena shall be subject to the same penalties, as provided by general law for subpoenas of the courts of common pleas of the Commonwealth. Cross References. Section 10917 is referred to in sections 11704, 12308 of this title.

11 Pa.C.S. § 10918 Consolidation or integration of fire and police personnel prohibited.

A city may not consolidate, integrate or reorganize the paid members of the fire force and the paid members of the police force into one bureau or organization.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=11Fetched: 10/16/2026