16 Pa.C.S. Ch. 123

in effect

16 Pa.C.S. § 12301 Elected officers.

(a) Election.--In each county, the following officers shall be elected by the qualified electors of the county: (1) Three county commissioners. (2) Three auditors or, in counties of the second class A and in each county in which the office of auditor has been or shall be abolished, one controller. (3) One treasurer. (4) One coroner. (5) One recorder of deeds. (6) One prothonotary. (7) One clerk of the court of common pleas. (8) Except in counties of the second class A, one clerk of the orphans' court. (9) One register of wills, who, in counties of the second class A, shall serve as clerk of the orphan's court. (10) One sheriff. (11) One district attorney. (12) Two jury commissioners, except in counties in which the office of jury commissioner has been abolished. (b) Term.-- (1) Except as provided under paragraph (2) and subsection (c), each officer shall be elected at the municipal election next preceding the expiration of the terms of the officers in office on October 10, 1955, and every four years thereafter, and shall hold the offices for a term of four years from the first Monday of January next after the election in which the officer was elected and until a successor is duly qualified. (2) If an elected officer, except a county commissioner or auditor, fails to qualify or if a successor is not elected, the chief deputy, first assistant, first deputy or principal deputy in office at the time the vacancy occurred shall assume the office until a successor has been appointed under section 12309 (relating to vacancies) or until the first Monday in January following the next municipal election, whichever period is shorter. For a county commissioner or auditor, a vacancy shall exist which shall be filled as provided under this part. (c) Second class A.--If an officer in a county of the second class A, other than a county commissioner, fails to qualify or if no successor is elected, the officer then in office shall continue in office only until the first Monday in January following the next municipal election, at which time a successor shall be elected for a term of four years. (d) Offices remain.--Each county officer enumerated under this section shall remain as constituted on October 10, 1955. This section shall not create an office in a county if the office does not exist on October 10, 1955. (e) Jury commissioner abolishment by referendum or resolution.-- (1) The office of jury commissioner may be abolished by referendum at the option of each county which on August 17, 1998, is a county of the third class having a population under the 1990 Federal decennial census in excess of: (i) 237,000 residents, but less than 240,000 residents; or (ii) 337,000 residents, but less than 341,000 residents. (2) In order to effectuate abolishment under this subsection: (i) electors equal to at least 5% of the highest vote cast for any office in the county at the last preceding general election must file a petition with the county board of elections; or (ii) the governing body of the county must adopt, by a majority vote, a resolution to place the question on the ballot and a copy of the resolution must be filed with the county board of elections for a referendum on the question of abolishing the office of jury commissioner. (3) Proceedings under this subsection shall be in accordance with the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code. (4) Upon approval of a referendum under this subsection, the office of jury commissioner shall expire at the completion of the current jury commissioners' terms of office. (5) A referendum under this subsection may not take place in a year in which the office of jury commissioner is on the ballot. (f) Jury commissioner abolishment by resolution.--The office of jury commissioner may be abolished in a county of the third class having a population under the 2000 Federal decennial census of not less than 371,000 and not more than 380,000 if the governing body of the county adopts, by a majority vote, a resolution abolishing the office of jury commissioner. Upon approval of the resolution, the office of jury commissioner shall expire at the completion of the current jury commissioners' terms of office. (g) Jury commissioner abolition.--After review of the procedures in effect within the county to ensure that lists of potential jurors are a representative cross section of the community, the governing body of a county of the second class A, third, fourth, fifth, sixth, seventh or eighth class may adopt, by a majority vote, a resolution abolishing the office of jury commissioner. Upon approval of the resolution, the office of jury commissioner shall expire at the completion of the current jury commissioners' terms of office. Cross References. Section 12301 is referred to in section 12308 of this title.

16 Pa.C.S. § 12302 Incompatible offices.

(a) Legislative member, school director or board of health member.--An elected county officer or, in counties of the third, fourth, fifth, sixth, seventh and eighth class, county solicitor, if the county solicitor is an individual, may not, at the same time, serve as: (1) A member of the legislative body of a municipal corporation. (2) A school director of a school district. (3) A member of a board of health. (b) Treasurer or tax collector.--Except as authorized under law, an elected county officer or county solicitor, if the county solicitor is an individual, of a county of the third, fourth, fifth, sixth, seventh or eighth class may not, at the same time, serve as treasurer or tax collector of a municipal corporation. (c) Congress or Federal office.--A member of Congress from this Commonwealth and an individual holding or exercising an office or appointment of trust or profit under the United States may not, at the same time, hold or exercise a county office in this Commonwealth to which a salary, fee or perquisites are attached. This subsection shall not apply to a member of the National Guard or other reserve component of the armed forces not called into active duty.

16 Pa.C.S. § 12303 Oath of office.

(a) Requirement.--In addition to an oath or affirmation required by another statute, each county officer and the county officer's deputies, assistants and clerks shall, before entering on the duties of the individual's respective offices or employments, take and subscribe the oath under 53 Pa.C.S. § 1141 (relating to form of oaths of office). (b) Administration.--The oath under subsection (a) shall be administered by an individual authorized to administer oaths and shall be filed in the office of the prothonotary of the county in which the oath is taken. An individual refusing to take the oath or affirmation shall forfeit the office. A person convicted of having sworn or affirmed falsely or of having violated the oath or affirmation commits perjury.

16 Pa.C.S. § 12304 Recorded commissions.

Each county officer receiving a commission from the Governor shall, immediately, deliver the same to the recorder of deeds for recordation. An officer may not execute any of the duties of office until the commission has been delivered.

16 Pa.C.S. § 12305 Location of offices, records and papers.

(a) County seat.--Except as otherwise provided in subsection (d), each county commissioner, auditor, controller, treasurer, sheriff, recorder of deeds, prothonotary, clerk of courts, clerk of orphans' court, register of wills and district attorney shall keep the individual's respective offices and each public record and paper of the office at the county seat and in buildings erected or appropriated for keeping offices and public records and papers. (b) Storage.-- (1) The county commissioners may keep and maintain records and contract with persons for storage, retrieval and transmission of county records within or outside the county except that no records shall be stored outside the county seat without the approval of the officer in charge of the office to which the records belong. The approval of the president judge shall be required if records are in the custody of agencies of the court of common pleas, the clerk of courts, the prothonotary, the register of wills or the clerk of the orphans' court. Public records stored outside of the county seat shall be made accessible to the general public at the county seat by an electronic means or facility which will permit the retrieval of the records or exact copies of the records within five business days. (2) County records used on a regular or frequent basis shall be accessible in the county seat. (c) Fee.--The county commissioners of counties of the second class A may impose a fee on recorded instruments required to be kept permanently that are filed with the county and, with the approval of the president judge, may impose a fee on civil or criminal cases filed in the court of common pleas. Fees shall be collected by the appropriate row officer and deposited into a special records management fund, administered by the county's records management program in the Office of Management and Productivity or, in the absence of an Office of Management and Productivity, an office that handles the same or similar functions. The fund shall be solely used to help defray the cost of maintaining, administering, preserving and caring for the records of the county. (d) Office.--The county commissioners shall, after consultation with an officer, furnish each officer with an office and additional space in the county building, courthouse or other building at the county seat sufficient to perform the duties of the office. The following shall apply: (1) The commissioners may, with the approval of the respective officers, furnish an additional office or space in buildings at locations outside of the county seat for the auditors, commissioners, controller, treasurer or recorder of deeds. (2) The commissioners may, with the approval of the respective officers and the president judge, furnish an additional office or space in buildings at locations outside of the county seat for the sheriff, prothonotary, clerk of courts, clerk of orphan's court, register of wills or district attorney. (e) Maintenance.--An officer failing or refusing to maintain the office and to keep each public record and paper of the office in the buildings appropriated under this section commits a misdemeanor and, upon conviction, shall be sentenced to: (1) imprisonment until the officer complies with this section or until sooner discharged by order of the court; and (2) pay a fine of not more than $500 for the use of the county. Special Provisions in Appendix. See section 6(3) of Act 14 of 2024 in the appendix to this title for special provisions relating to continuation of prior law.

16 Pa.C.S. § 12306 Open records.

Except as provided under this chapter, each record of a county office shall be open for inspection subject to the rules and regulations provided under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

16 Pa.C.S. § 12307 Securing from predecessors.

(a) Demand and receipt.--An elected or appointed person, duly commissioned to a county office, shall demand and receive each record, book, draft, plan, paper, seal or other official thing, including public money held in the office, and not provided for under Article XIII.1 of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, belonging to the office from each person who held the office immediately before the officer's election or appointment or from each other person holding or possessing the items. (b) Detention.--A person that detains from a county office a record, book, draft, plan, paper, seal or other official thing, including public money, as provided under this section, belonging to an office after reasonable demand has been made, commits a misdemeanor and, upon conviction, shall be sentenced to: (1) undergo imprisonment until the delivery of each official thing found to be in the person's possession or control to the proper officer or until sooner discharged by order of the court; and (2) pay a fine of not more than $500 for the use of the county.

16 Pa.C.S. § 12308 Action by deputies.

(a) Appointment.-- (1) If a county officer is authorized or required to appoint a deputy, the deputy or principal deputy, if there is more than one, shall, during the necessary or temporary absence of the deputy's principal, perform each duty of the principal and, in case of a vacancy or under section 12301(b) (relating to elected officers), until a successor is qualified. (2) If fulfilling the duties under paragraph (1) for a vacancy in a county of the third, fourth, fifth, sixth, seventh or eighth class, a deputy shall receive the salary provided under law for the principal or the salary provided for the deputy, whichever is greater. (b) Oath.--A person temporarily succeeding to a county office by reason of the death, resignation or removal of the duly elected or appointed officer, may not execute any of the duties of the office until the person has taken the oath and filed the bond required of the principal officer.

16 Pa.C.S. § 12309 Vacancies.

(a) Appointment by Governor.-- (1) Except as provided under subsection (b), for a vacancy in a county office created by the Constitution of Pennsylvania or laws of this Commonwealth, and, if no other provision is made under the Constitution of Pennsylvania or under this part to fill the vacancy, the Governor shall appoint a suitable individual to fill the office, who shall continue to hold and discharge the duties of the office until the first Monday in January following the next municipal election occurring not less than 90 days after the occurrence of the vacancy, or for the balance of the unexpired term, whichever period is shorter. (2) If a municipal election occurs not less than 90 days after the occurrence of the vacancy under paragraph (1), other than the municipal election at which the office ordinarily is filled, the office shall be filled at that municipal election for the balance of the unexpired term. (3) An appointee under this subsection shall be confirmed by the Senate, if in session. (b) Second class A.--In counties of the second class A, an appointed person shall continue in office and discharge the duties of the office for the balance of the unexpired term. (c) Discharge of duties.--The Governor shall discharge the duties under this section in accordance with section 207.1(d)(5.1) of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929. Special Provisions in Appendix. See section 6(3) of Act 14 of 2024 in the appendix to this title for special provisions relating to continuation of prior law. Cross References. Section 12309 is referred to in section 12301 of this title.

16 Pa.C.S. § 12310 Information to heads of governmental departments.

(a) Duty.-- (1) Upon application by the head of a State agency, each county officer shall furnish information and copies of records or documents contained in the respective offices as the head of the agency determines may be necessary or pertinent to the work of the department. (2) The county furnishing information under paragraph (1) shall receive reasonable compensation as may be determined by the Auditor General. The compensation shall be paid to the county by the State Treasurer, out of money not otherwise appropriated, upon warrant from the Auditor General. (b) Department of Community and Economic Development.--Each county officer shall furnish to the Department of Community and Economic Development any information requested by the Department of Community and Economic Development.

16 Pa.C.S. § 12311 Penalty.

If a county officer neglects or refuses to perform a duty imposed on the officer under this part, any other act or by a rule of court, the officer commits, for each neglect or refusal, a misdemeanor and, upon conviction, shall be sentenced to pay a fine not exceeding $500.

16 Pa.C.S. § 12313 Qualifications.

(a) General rule.--An individual may not be elected to a county office, except the office of district attorney, as provided for under this part, unless the person is: (1) at least 18 years of age; (2) a citizen of the United States; (3) a resident of the county; and (4) has resided within the county for at least the directly preceding year prior to the election. (b) Sheriff.--In addition to the qualifications under subsection (a), an individual may not be eligible for the office of sheriff except in accordance with 44 Pa.C.S. Ch. 74 Subch. C (relating to sheriff and deputy sheriff education and training).

16 Pa.C.S. § 12314 Mileage.

Each county official or employee may, if authorized by the county commissioners, be reimbursed in accordance with the act of July 20, 1979 (P.L.156, No.51), referred to as the Uniform Mileage Fee Law.

16 Pa.C.S. § 12315 Security.

The county shall obtain required security for county officers and employees in accordance with Subchapter B of Chapter 11 (relating to required fiscal security for officers and employees).

16 Pa.C.S. § 12316 Solicitors to county officers other than county commissioners.

(a) Appointment.--Each of the following officers may designate and appoint a solicitor licensed to practice law in this Commonwealth which may be an individual or a law firm, partnership, association or professional corporation: (1) The county treasurer. (2) The sheriff. (3) The register of wills. (4) The recorder of deeds. (5) The coroner. (6) The controller or auditors, as appropriate. (b) Advisement.--The solicitor shall advise on all legal matters, and conduct litigation, as requested by the officer. (c) Office.--The solicitor shall hold office at the pleasure of the appointing officer. (d) Appropriation.--The county commissioners may appropriate money for the payment of a solicitor appointed under this section. (e) Judiciary.--The appointment, compensation, powers and duties of solicitors appointed by prothonotaries, clerks of court and clerks of orphans' court shall be in accordance with 42 Pa.C.S. (relating to judiciary and judicial procedure).

16 Pa.C.S. § 12340 State associations.

County officers of each county may organize for themselves a State association as follows: (1) County commissioners, with the county solicitor, the chief clerk to the county commissioners and officers who are counterpart personnel in counties having a home rule charter or optional form of government. (2) County controllers. (3) Sheriffs. (4) District attorneys. (5) Probation officers. (6) Registers of wills and clerks of orphans' courts. (7) Prothonotaries and clerks of courts. (8) County treasurers. (9) Recorders of deeds. (10) Directors of veterans' affairs. (11) Coroners. (12) Jury commissioners. (13) County auditors. (14) Public defenders. Cross References. Section 12340 is referred to in section 12341 of this title.

16 Pa.C.S. § 12341 Purpose and annual meetings.

(a) Purpose.--The purpose of the respective State associations under section 12340 (relating to State associations) shall be to discuss and resolve the various questions arising in the discharge of the duties and functions of the respective officers and to provide uniform, efficient and economical methods of administering the affairs of the counties pertaining to the officer's offices. (b) Annual meeting.--Each State association may hold an annual meeting at a time and place within this Commonwealth designated by the association to facilitate cooperation, coordination and full exchange of information provided under subsection (a). (c) Joint session.--The association of county controllers, county auditors and the association of county treasurers may meet in joint session with the association of county commissioners, solicitors and chief clerks, if the associations mutually agree. Each association shall have a separate session on at least two days during the annual meeting to facilitate cooperation, coordination and full exchange of information provided under subsection (a).

16 Pa.C.S. § 12342 Deputies and solicitors.

With the approval of the solicitor's principals, the first and, if appointed, second deputy and the solicitor of the following officers may attend the annual meeting of the principal's respective association with or in place of the solicitor's principals: (1) Controller. (2) Sheriff. (3) Register of wills. (4) Clerk of orphans' court. (5) Treasurer. (6) Prothonotary. (7) Clerk of courts. (8) Recorder of deeds. (9) District attorney. (10) Public defender. (11) Coroner.

16 Pa.C.S. § 12343 Expenses and time limits.

(a) Elected officers.-- (1) The actual expenses of each authorized elected county officer attending the annual meetings of the county officer's associations shall be paid by the county out of the general fund of the county. (2) Each of the officers, except the county commissioners, shall be reimbursed for actual expenses not to exceed $220 per day for the number of days specified under subsection (d), including mileage traveling to and returning from the annual meeting and the registration fee. (3) The amount under paragraph (2) shall be adjusted annually by the annual increase in the cost of living as determined annually by the United States Department of Labor. (b) Nonelected officers and employees.-- (1) The actual expenses of each authorized nonelected county officer and employee attending the annual meetings of the associations may be paid by the county out of the general fund of the county. (2) Each officer may be reimbursed for actual expenses in an amount not to exceed $220 per day for the number of days specified under subsection (d), including mileage traveling to and returning from the annual meeting and the registration fee. (3) The amount under paragraph (2) shall be adjusted annually as provided under subsection (a)(3). (c) Account and payment.-- (1) Each delegate attending the annual meeting shall submit to the county original receipts with an itemized account of expenses incurred at the meeting. (2) The county may authorize an employee to be compensated at the employee's regular employee rate during attendance at the annual meeting. (3) The actual expenses for elected officers shall be paid and for nonelected officers may be paid for the number of days specified under subsection (d). Elected county officers shall receive and nonelected county officers and employees may receive actual expenses not to exceed $220 per day for each day not in excess of two in going to and returning from the meeting. (4) The amount under paragraph (3) shall be adjusted annually as provided under subsection (a)(3). (d) Time limit.-- (1) The annual meeting of: (i) The association of county commissioners, county solicitors and chief clerks may not exceed four days. (ii) The association of district attorneys may not exceed three days. (iii) A State association, other than an association under subparagraphs (i) and (ii), may not exceed three days. (2) The time limit under paragraph (1) shall not include time spent traveling to and returning from the annual meeting.

16 Pa.C.S. § 12344 Other meeting expenses.

(a) Equal payments.--In addition to the expenses authorized under this subchapter, the necessary expenses of the annual meetings under this section shall be paid in equal parts by each county with officers that are members of the respective associations. (b) Limit.--For county commissioners, county solicitors and county clerks, county controllers, county auditors, sheriffs, registers of wills, clerks of orphans' courts, county treasurers, recorders of deeds, prothonotaries, clerks of courts, public defenders, district attorneys, jury commissioners, coroners and, for counties of the second class A, directors of veterans' affairs, the portion of annual expenses charged to each county may not exceed the following: (1) For each county of the second class A, $1,000. (2) For each county of the third and fourth class, $750. (3) For each county of the fifth and sixth class, $625. (4) For each county of the seventh and eighth class, $500. (c) Directors of veterans' affairs and probation officers.--Notwithstanding subsections (a) and (b), the following shall apply: (1) For directors of veterans' affairs for counties other than a county of the second class A, the portion of annual expenses charged to each county may not exceed $400. (2) For probation officers, an annual membership subscription not exceeding $12.50 per member shall be paid by the county. (d) Increase.--The amounts under subsections (b) and (c) shall be adjusted annually by the annual increase in the cost of living as determined annually by the United States Department of Labor.

16 Pa.C.S. § 12345 Annual assessments.

(a) County commissioners, county solicitors and chief clerks.--In addition to the expenses authorized under this subchapter, the necessary expenses of the association of county commissioners, county solicitors and chief clerks shall be apportioned among each county holding membership in the association in amounts provided for by the rules and regulations of each association. (b) District attorneys.--In addition to the expenses authorized under this subchapter, the necessary expenses of the association of district attorneys shall be apportioned among each county holding membership in the association in amounts provided for by the rules and regulations of the association. (c) Approval.--The annual apportionment of expenses under subsections (a) and (b) shall be approved at each annual conference of the association by a majority vote of the members present and, when approved, shall be paid by the counties from the general fund of each county.

16 Pa.C.S. § 12346 Associations and organizations concerned with governmental affairs.

(a) Associations and organizations.--The county commissioners may: (1) Join associations and organizations, in addition to the County Commissioners Association of Pennsylvania, concerned with county or governmental affairs. (2) Pay dues to the associations and organizations. (3) Send delegates to meetings or conferences of the associations and organizations and pay the necessary expenses incident to attendance at the meetings or conferences. (b) Professional associations and organizations.--The county commissioners may authorize a county official and employees of the official to attend meetings of professional associations and organizations, or study or training sessions for individuals holding the same or similar office or employment, and may pay all or a portion of the necessary expenses related to attendance at the meetings or sessions. (c) Itemized account of expenses.--Each individual attending a conference, meeting, study or training session under this part shall submit to the county controller, or to the county commissioners in counties having no controller, an itemized account of expenses related to the event, including travel expenses or mileage approved by the county commissioners. Cross References. Section 12346 is referred to in section 15780 of this title.

16 Pa.C.S. § 12350 Removal of county officers and appointees.

(a) Elected.--A county commissioner, sheriff, coroner, prothonotary, register of wills, recorder of deeds, treasurer, county auditor or county controller, clerk of courts, district attorney or any other officer of the counties, whether elected or duly appointed to fill a vacancy, may be removed from office only: (1) by impeachment, or by the Governor, for reasonable cause after due notice and full hearing on the advice of two-thirds of the Senate; or (2) upon conviction of misbehavior in office or of an infamous crime in accordance with the Constitution of Pennsylvania, but their title to office may be tried by proceedings of quo warranto as provided by law. (b) Appointed.--An appointee to a county office or position other than to an elected office shall be: (1) Subject to removal at the pleasure of the appointing authority, except as otherwise expressly provided by law. (2) Removed on conviction of misbehavior in office or of an infamous crime.

16 Pa.C.S. § 12360 Meetings open to public.

Each regular or special meeting of the county commissioners and of each board, commission and authority, created by or operating as an agency of a county, shall be a public meeting subject to 65 Pa.C.S. Ch. 7 (relating to open meetings).

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=16Fetched: 10/16/2026