Association History

Since 1942 the Association of Mayors of the Boroughs of Pennsylvania has served member boroughs to discuss programs of mutual concern.

During an annual conference in 1942, Burgess Morris Dimmick was asked by Thomas Chrostwaite, president of the Pennsylvania State Association of Boroughs, to preside at a meeting held in conjunction with PSAB in Philadelphia. The title of burgess was the forerunner of the office of borough mayor until 1966 when it was changed by an act of the Pennsylvania General Assembly.

For several years thereafter, the Association was inactive and remained that way until June 1946 when George Berg, burgess of Northampton, reorganized the Association and was elected president. James K.K. Smith succeeded him in 1950 and initiated an organizational structure for the election of a vice president, secretary and treasurer. A dues paying program, by-laws and charter followed this.

Today the Association stands as the ORIGINAL organization of burgesses and mayors but retains its main function of guiding its members toward the accomplishment of effective local government, and in preserving and promoting the office of the mayor in borough government.

 

Duties of the Mayor

Suspension of Officers
The mayor has the ability to suspend police officers, although it is limited. The suspension must be for cause. In communities with civil service provisions, the mayor should specify one or more reasons listed in Section 1190 of the Borough Code, describe the particular conduct which is the basis for the suspension and file written charges with council.

In boroughs with fewer than three full-time officers, suspensions are governed by the Police Tenure Act. A mayor suspending an officer should specify the reasons listed and file written charges with council within five days. The mayor may also suspend an officer without pay until the next regular meeting of council or for shorter periods. When the suspension expires before the next council meeting, council has no authority to change the ruling.

The mayor's power of suspension is limited until the next regular meeting of council. If council takes no action at the meeting, the suspension expires and the officer returns to work.

An officer suspended by the mayor cannot be reinstated by council at an effective date earlier than 10 working days from the date of the mayor's suspension. If council has reinstated a police officer, the mayor cannot further suspend the individual for the same actions or for reasons that council has determined are not to be grounds for suspension.

General Administration
The Borough Code authorizes the mayor to preserve order, enforce ordinances and resolutions, remove nuisances, exact a faithful performance of appointed officials, and perform such duties as assigned by law or ordinance.

In preserving order, the mayor directs the activities of the police department. The only specific reference to preserving order is in the Election Code. At the request of election officers, the mayor must clear the approach to polling places, maintain order or quell any disturbance at the polling place on election days.

Ordinance Enforcement
Enforcement is restricted to the power of directing the police. Other state laws provide council detailed powers to enforce ordinances through other borough officers such as the zoning officer, the building inspector, the sewage enforcement officer and the earned income tax collector. In boroughs with a manager, most non-police enforcement is assigned to that office. In other boroughs, these non-enforcement activities are delegated to the borough secretary.

Council can also grant additional enforcement power to the mayor by ordinance such as the issuance of various licenses or permits. The mayor has no power to impose additional restrictions or regulations and cannot revoke a license unless there is a clear violation of the regulations established by council in the ordinance and after a notice and a hearing.

Nuisance Removals
Although general language authorizes the mayor to remove nuisances, the Borough Code now grants more specific power to council and the health officer or board of health to remove nuisances.

Faithful Performance
There are no provisions in the Borough Code authorizing the mayor to supervise other employees, with the exception of directing the police department. Mayors can be granted additional supervisory power over other borough employees by council through enactment of an ordinance. When problems or issues come to the attention of the mayor, it is appropriate to direct the matter to the respective borough office if it does not have to be brought to the attention of council.

Legal Assistance
In most instances, legal assistance for the mayor is provided by the borough solicitor, which includes preparation of legal documents, representation in court and providing legal advice. When the situation involves a dispute between the mayor and council, or if representation of both council and the mayor would create a conflict of interest for the solicitor, the mayor can retain outside counsel at a cost not to exceed $2,500 for any 12-month period.

The Borough Code says the mayor is required to sign all papers, contracts, obligations and documents as required by law. This power has been curtailed at least as it pertains to contracts and agreements. When any action by council results in a specific written contract or agreement, the document is to be signed by the president of council. This 1980 change in the Borough Code removed the mayor from signing most administrative documents for the borough, although the mayor retains the right to sign all ordinances and resolutions of a legislative nature in exercising the power of legislative review.

Financial Affairs
The mayor is required to keep correct accounts of all funds received and pay them into the borough treasury. Once a month, the mayor must submit an itemized account of funds collected to council. Boroughs must furnish their mayors the necessary books and forms for the conduct of their office. All books and forms remain the property of the borough and must be surrendered to the mayor's successor in office.

Emergency Powers
Local disasters may be declared by council and they may authorize the mayor to declare a local disaster emergency subject to ratification by council. Such a declaration cannot be continued or renewed for more than seven days without the consent of council. The declaration must be given prompt and general publicity and must be filed promptly with the Pennsylvania Emergency Management Agency (PEMA). The effect of declaring a local disaster emergency is to activate the response and recovery aspects of local emergency management plans and to authorize the furnishing of aid and assistance.
The Borough Code also authorizes the mayor to proclaim a state of emergency in situations involving mobs or rioting for a period not to exceed seven days, unless sooner rescinded, modified or extended by resolution of council. The proclamation must describe any geographical areas or hours when activities are prohibited.

Special Services
An often overlooked duty of the mayor is the ability to solemnize marriages. Under terms of the Marriage Law, the mayor may marry couples who produce a license issued by the clerk of the Orphans' Court. There is no required form for a marriage ceremony. It should include words in the present tense stating the purpose of the participants of establishing the relation of husband and wife. When the ceremony is completed, the mayor must sign the marriage certificate attached to the marriage license. The original is given to the persons married and the duplicate must be returned to the clerk of the Orphans' Court issuing the license within 10 days after the ceremony.

Another special service is the administration of oaths and affirmations in matters pertaining to borough affairs. The mayor can administer the oath of office to council members and other borough officers.

In ceremonial roles, the mayor is often requested to participate in various community activities as the official representative of the municipal government. These can include speaking at national holiday celebrations, attending meetings of civic, fraternal or service organizations, participating in groundbreaking or ribbon cutting ceremonies and riding in parades.

In addition, the mayor is often the recipient of citizen complaints about borough services, opinions on community issues or concerns with developing problems. Although the mayor's power is limited in these matters, they do have a responsibility in reporting to council citizen reactions to municipal activities and developing problems brought to their attention.

Community leadership is another area where a mayor often serves a leading role in promoting community projects, in both the private and public sectors. These could include development of parks and recreational facilities, instituting youth recreation programs, establishing programs and facilities to benefit senior citizens, encouraging historic preservation activities and organizing economic development programs.

Legislative Powers
The Borough Code enables the mayor to attend all regular and special meetings of council, along with executive sessions held under the Sunshine Act, except where the executive session relates to a legal dispute between council and the mayor.
The mayor may take part in discussions with council, subject to the same rules of procedure applicable to council members. The mayor also has the responsibility of reporting to council periodically on the state of the borough and making recommendations to council on matters of concern.

Voting Capabilities
The mayor has been unable to vote in council since 1893. However, the only exception is the power given in the Borough Code to break tie votes to enable council to take action. Whenever any ordinance, resolution or motion put to council results in a tie vote and prevents the council from taking action on a matter before it, the mayor may cast the tie-breaking vote. The mayor may break the tie immediately, or request the matter be reconsidered at a special meeting to be held within five to ten days. If council is still split on the issue at the special meeting, the mayor must then break the tie. If the council is divided on an issue and the mayor is not present at the meeting, the matter must be reconsidered at a special meeting to be held within five to ten days. The mayor is given notice of the special meeting and must attend to break the tie.
The mayor cannot use the tie-breaking function to assert authority over appointing or removing police officers because this authority is exclusively vested in council.

Organization Meetings
The mayor presides over council only twice during each four-year term. This comes at the beginning of the organization meeting of council held the first Monday of January in even-numbered years. The mayor opens the organization meeting and presides over the selection of a president and vice-president of council. Once council is organized, the mayor turns the meeting over to council. Once council is organized, the mayor turns the meeting over to the council president. At this meeting, the mayor can be counted as a member of council only if necessary to constitute a quorum.

The mayor has no vote at the organization meeting unless in the exercise of the power to break a tie. If the mayor is unable to attend the organization meeting, council members select a temporary chair until the president of council is elected.

The activities of council at the organization meeting are not limited to choosing a president and vice-president. Council may appoint any other officers necessary for borough affairs and transact any other municipal business. The mayor can vote to break ties on any action at the organization meeting, including fixing the time and place of council's regular meetings.

Compensation
The mayor may or may not receive a salary. Council establishes and fixes the amount by ordinance. Once set, the salary cannot be increased or decreased more often than once in two years, but this can be done during the term of an incumbent mayor. The Borough Code sets a maximum limit to the salary based on the borough's population at the latest official census. Salaries are payable monthly or quarterly. The mayor cannot be deprived of the salary, except in cases of absence or incapacity where the president of council is serving as acting mayor.

Boroughs are also authorized to provide insurance benefits for employees and for the mayor and council members covering life, health, hospitalization, medical and surgical service and accidents, but provide for pensions for employees only. Elected officials including the mayor are also excluded from coverage for unemployment compensation and worker's compensation benefits. Boroughs are authorized to purchase insurance for borough elected officials and employees for legal liability arising from performance of their duties. This is known as errors and omissions insurance.

Although elected officials cannot be included in the borough's own pension plan, municipalities joining the Pennsylvania Municipal Retirement System can make membership compulsory, optional or prohibited for elected officials. The mayor is also included in the coverage if the borough brings its officers and employees under the Social Security system. As of July 1, 1991, the mayor and members of council not covered by a retirement system must be covered by Social Security.

When a mayor travels on official business authorized by council, he can receive mileage fees for use of a personal vehicle. That amount for mileage is to be set by council for all borough personnel. Council may authorize the mayor to attend meetings of organizations concerned with municipal affairs, professional organizations or study or training sessions and receive reimbursement for expenses after submission of an itemized expense statement.

The mayor may join a mayor's association and attend its annual meeting held within Pennsylvania. The mayor may attend the annual meeting of the association and be reimbursed for expenses which include the registration fee, mileage or actual transportation expense plus all other actual expenses the council agrees to pay.

Time spent in attending the meeting must not exceed four days, including travel time. Mayors may also be designated by council as delegates to the Boroughs Association annual convention and be reimbursed for similar expenses. Mayors may also be designated to attend meetings of county or regional associations of boroughs and receive actual expenses.

(Excerpts for this article were taken from the Borough Code, Bureau of Local Government, state law and court decisions affecting the office of mayor. Boroughs operating under home rule charters or optional plans of government will have different arrangements for the office of mayor. This material is for informational purposes only and does not constitute legal opinion).