Pennsylvania Act 2024-3 — CITIES (11 PA.C.S.) - APPOINTMENT OF CITY ADMINISTRATOR, EMPLOYMENT AGREEMENT, RESIDENCY AND ELECTIVE CITY OFFICE, POWERS AND DUTIES AND POWERS AND DUTIES OF CHIEF FISCAL OFFICER

Act text

Session of 2024

No. 2024-3

HB 1234

AN ACT

Amending Title 11 (Cities) of the Pennsylvania Consolidated Statutes, in city administrator, further providing for appointment of city administrator, for employment agreement, for residency and elective city office and for powers and duties; and, in accounts and finances, further providing for powers and duties of chief fiscal officer.

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

Section 1. Sections 112A02, 112A03, 112A04, 112A05(b)(4) and 11802(a) of Title 11 of the Pennsylvania Consolidated Statutes are amended to read:

§ 112A02. Appointment of city administrator.

(a) Appointment.--In a city that has established an office of city administrator, council shall appoint an individual , partnership, limited partnership, an association or professional corporation to be city administrator. The appointment of [an individual to be] a city administrator shall be by a majority vote of all the members of council.

(b) Selection.--Council shall select a city administrator on the basis of executive and administrative qualifications, education and experience and may give special consideration to applicants with training and experience in municipal government operation. The city administrator shall serve at the pleasure of council, subject to contractual rights that may arise under an employment or professional services agreement that may be entered in accordance with section 112A03 (relating to employment or professional services agreement).

§ 112A03. Employment or professional services agreement.

(a) Agreement.--Council may enter into an employment or professional services agreement with the city administrator. The [employment] agreement may set forth the terms and conditions of employment. The [employment] agreement shall remain in effect for a specified period terminating not later than two years after the effective date of the [employment] agreement or the date of the organizational meeting of council after the next municipal election, whichever is earlier.

(b) Conditions.--

(1) An [employment] agreement under subsection (a) may specify conditions under which a city administrator may be entitled to severance compensation[.] if the city administrator is an individual or payments for the termination of appointment if the city administrator is a partnership, limited partnership, an association or professional corporation.

(2) An [employment] agreement under subsection (a) may not guarantee retention or employment through the term of the [employment] agreement or confer upon the city administrator any legal remedy based on specific performance.

(3) An [employment] agreement under subsection (a), executed on or after a municipal election but before the first meeting in January the year after the municipal election, shall be void.

(c) Status as public official.--The city administrator, if an individual, and, for a partnership, limited partnership, an association or professional corporation appointed as the city administrator, each officer and employee directly providing services as required or authorized by the agreement shall be considered a public official for purposes of the provisions of 65 Pa.C.S. § 1103 (relating to restricted activities).

§ 112A04. Residency and elective city office.

(a) Residence of city administrator who is an individual.-- At the time an individual is appointed to fill the office of city administrator, the appointee does not have to be a resident of the city. After appointment, [the] a city administrator who is an individual may reside outside the city only with the approval of council.

(b) Incompatibility.-- The city administrator may not hold any elective city office. In the case of a partnership, limited partnership, an association or professional corporation appointed as city administrator, the restriction under this subsection shall apply to all officers and employees who directly provide services as required or authorized by the agreement.

§ 112A05. Powers and duties.

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(b) Specific powers.--The powers and duties conferred upon a city administrator by council may include the following:

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(4) [Designating] If the city administrator is an individual, designating a qualified administrative officer of the city to perform the city administrator's duties during the city administrator's temporary absence or disability. In the event the city administrator fails or is unable to make the designation or if the city administrator's absence or disability continues more than 30 days, council may, by resolution, appoint an officer of the city to perform the duties of the city administrator during the city administrator's absence or disability until the city administrator is able to return to work.

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§ 11802. Powers and duties of chief fiscal officer.

(a) Appointment.--Council shall appoint a chief fiscal officer. In filling the position of chief fiscal officer, council may appoint the director of the department of accounts and finance or the city administrator if one is an individual appointed under Chapter 111 (relating to the executive department) or 112A (relating to city administrator).

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Section 2. This act shall take effect in 60 days.

APPROVED--The 28th day of March, A.D. 2024.

JOSH SHAPIRO