Pennsylvania Act 1939-24 — DEPUTY MAYOR APPOINTMENT, SECOND CLASS A CITIES

Act text

DEPUTY MAYOR APPOINTMENT, SECOND CLASS A CITIES
                  Act of Apr. 20, 1939, P.L. 29, No. 24               Cl. 11
                                  AN ACT

     Authorizing the appointment of a deputy mayor in cities of the
        second class A, and limiting and prescribing his powers and
        duties.

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

        Section 1.  In all cities of the second class A of this
     Commonwealth, the mayor thereof, in addition to the powers now
     possessed, is hereby authorized and empowered to designate, in
     writing, and file with the city clerk of said city, one of the
     heads of the city departments, entitled to vote as set forth in
     section four, except the city controller, to act as deputy mayor
     in case of the necessary absence of the mayor from the city, or
     his illness or other temporary disability. The person so
     designated shall be known as deputy mayor, and shall exercise
     all the powers and discharge all the duties of mayor, during
     said absence, illness or temporary disability, except the power
     of appointing to or discharging from office in the city
     government. Such head of department shall serve without
     additional compensation; and such deputy mayor shall give bond,
     to be approved by the city solicitor, in an amount equal to one-
     half of the bond furnished by the mayor; said bond to be
     deposited with the city controller. The deputy mayor shall take
     the same oath of office as that prescribed by law for the mayor.
     The premium for said bond shall be paid by said city.
        Section 2.  The mayor shall have the power to revoke any
     designation so made, at any time, without giving reasons
     therefor, by filing said revocation, in writing, with the city
     clerk.
        Section 3.  The mayors of cities of the second class A shall,
     within thirty days after the effective date of this act,
     designate, in writing to the city clerk, the appointment of a
     deputy mayor in accordance with the provisions of this act. Any
     person, elected mayor of a city of the second class A, or vested
     with the power of mayor shall, within the period of thirty days
     after assuming the duties of said office, file a designation in
     the city clerk's office, in writing, appointing a deputy mayor
     in accordance with the provisions of this act.
        Section 4.  In the event that the mayor shall fail to appoint
     a deputy mayor in accordance with the provisions of this act,
     or, in the event that the person designated by the mayor to act
     as deputy mayor shall, for any reason, be unable or unwilling to
     act as deputy mayor, then and in that event, a majority of the
     heads of the departments of cities of the second class A shall
     designate the deputy mayor, who shall exercise all the powers
     and discharge all the duties of mayor except the power of
     appointing to or discharging from office in the city government.
     The following department heads shall be entitled to vote: City
     treasurer; city solicitor; director, department of public
     health; director, department of public safety; director,
     department of public works; and director, department of
     supplies. In the event of a tie vote, the president judge of the
     county in which said city of the second class A is situate shall
     vote for one of the candidates within a period of twenty-four
     hours after the city clerk has notified him in writing of the
     tie vote. For the purposes of this act, the city clerk shall act
     as chairman of all meetings for the purposes of designating a
     deputy mayor, but under no circumstances shall have the right to
     vote on the appointment of a deputy mayor. For the purposes of
     selecting a deputy mayor, four of the department heads shall
     constitute a quorum.
        Section 5.  For the purposes of this act, necessary absence
     from the city, illness or other temporary disability shall
     continue for fifteen consecutive days before the deputy mayor
     shall be empowered to assume the duties of office of mayor,
     subject however, to the provision that in the event that there
     shall be before the mayor an ordinance or resolution, for
     approval or disapproval, and that said mayor, by reason of his
     illness, is unable to act within the period allowed by law, then
     and in that event, the deputy mayor shall assume the duties of
     the office of mayor upon the filing with the city clerk, by the
     mayor's attending physician, of a statement in writing that the
     mayor is unable to perform the duties of his office.
        Section 6.  All acts and parts of acts inconsistent herewith
     are hereby repealed.
        Section 7.  This act shall become effective immediately upon
     final enactment.