Pennsylvania Act 2024-131 — BOROUGHS AND INCORPORATED TOWNS (8 PA.C.S.) - ORGANIZATION OF COUNCIL, QUORUM, PARTICIPATION BY TELECOMMUNICATION DEVICE, VOTING, COMPENSATION AND ELIGIBILITY AND SALARY OF MAYOR

Act text

Session of 2024

No. 2024-131

HB 2265

AN ACT

Amending Title 8 (Boroughs and Incorporated Towns) of the Pennsylvania Consolidated Statutes, in powers and duties of elected officials, further providing for organization of council, quorum, participation by telecommunication device, voting, compensation and eligibility; and, in mayor, further providing for salary of mayor.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 1001(e) and (f) of Title 8 of the Pennsylvania Consolidated Statutes are amended and the section is amended by adding a subsection to read:

§ 1001. Organization of council, quorum, participation by telecommunication device, voting, compensation and eligibility.

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(e) Compensation.--Members of council may receive compensation to be fixed by ordinance as follows:

(1) In boroughs with a population of less than 5,000, a maximum of [$1,875] $3,145 per year.

(2) In boroughs with a population of 5,000 or more but less than 10,000, a maximum of [$2,500] $4,190 per year.

(3) In boroughs with a population of 10,000 or more but less than 15,000, a maximum of [$3,250] $5,450 per year.

(4) In boroughs with a population of 15,000 or more but less than 25,000, a maximum of [$4,125] $6,915 per year.

(5) In boroughs with a population of 25,000 or more but less than 35,000, a maximum of [$4,375] $7,335 per year.

(6) In boroughs with a population of 35,000 or more, a maximum of [$5,000] $8,385 per year.

The salaries shall be payable monthly or quarterly for the duties imposed by this part. Benefits provided to members of council under section 1202(26) (relating to specific powers) shall not be considered pay, salary or compensation, but payment for all or a part of the premiums or charges for the benefits shall be in accordance with section 1202(26). Any change in salary, compensation or emoluments of the elected office shall become effective at the beginning of the next term of the member of council.

(e.1) Alternative compensation.--Notwithstanding subsection (e), the council may provide that members of the council shall receive compensation on a per-meeting basis based on attendance of members of council. Total annual compensation may not exceed the amounts specified in subsection (e). Compensation shall only be payable for duly advertised public meetings in which a member of council participated, except compensation is not payable if a member of council is absent from a meeting and the absence is not excused. Excused absence from a meeting shall be determined by council and shall include, but not be limited to, an emergency or illness of the member of council or the member's immediate family, as well as family or business travel. Council may require documentation to support an excused absence.

(f) Eligibility for compensation.--The population shall be determined by the latest available official census figures[.] , except that a borough shall not be required to reduce the salary of a mayor or member of council as a result of a decrease in population. In no case shall the compensation for any member of council exceed that of the mayor in any given borough, but, if the mayor's compensation exceeds that authorized by this section for members of council, the president of council may receive compensation not to exceed that of the office of mayor.

Section 2. Section 10A04(a) of Title 8 is amended to read:

§ 10A04. Salary of mayor.

(a) General rule.--The salary of the mayor shall be established by ordinance and shall not exceed the following:

(1) In a borough with a population of less than 5,000, a maximum of [$2,500] $4,190 per year.

(2) In a borough with a population of 5,000 or more but less than 10,000, a maximum of [$5,000] $8,385 per year.

(3) In a borough with a population of 10,000 or more but less than 15,000, a maximum of [$7,500] $12,575 per year.

(4) In a borough with a population in excess of 15,000, a maximum of [$500] $840 per year per 1,000 residents or fraction of 1,000, the population to be determined by the latest official census figures.

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Section 3. This act shall take effect in 60 days.

APPROVED--The 31st day of October, A.D. 2024.

JOSH SHAPIRO