Pennsylvania § 1142 Powers and duties

Pennsylvania Statutes

§ 1142 — Powers and duties

Pennsylvania·Title 8 BOROUGHS AND INCORPORATED TOWNS·Part PART I·Ch. 11 POWERS, DUTIES AND RIGHTS OF·Subch. MANAGER

(a)General rule.--The powers and duties of the borough manager shall be regulated by ordinance.

(b)Employment or professional services agreement.--

(1)Council may enter into an employment or professional services agreement with the borough manager that specifies the terms and conditions of employment.

(2)The employment or professional services agreement may remain in effect for a specified period terminating no later than two years after the effective date of the agreement or the date of the organizational meeting of council following the next municipal election, whichever occurs first.

(3)An employment or professional services agreement entered into under this section may specify conditions under which a borough manager who is an individual will be entitled to severance compensat

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(a) General rule.--The powers and duties of the borough manager shall be regulated by ordinance.

(b) Employment or professional services agreement.--

(1) Council may enter into an employment or professional services agreement with the borough manager that specifies the terms and conditions of employment.

(2) The employment or professional services agreement may remain in effect for a specified period terminating no later than two years after the effective date of the agreement or the date of the organizational meeting of council following the next municipal election, whichever occurs first.

(3) An employment or professional services agreement entered into under this section may specify conditions under which a borough manager who is an individual will be entitled to severance compensation or, in the case of a partnership, a limited partnership, an association or a professional corporation, payments for the termination of appointment. In no event may the employment or professional services agreement guarantee retention or employment through the term of the agreement or confer upon the borough manager any legal remedy based on specific performance.

(4) An employment or professional services agreement with a borough manager executed on or after a municipal election but before the first meeting in January the year after the municipal election shall be void.

(5) The council may delegate to the borough manager, by ordinance and subject to recall, any of the nonlegislative and nonjudicial powers and duties of the council, the planning commission and the shade tree commission. With approval of council, the mayor may delegate to the borough manager any of the mayor's nonlegislative and nonjudicial powers and duties.

(c) Status as public official.--The borough manager, if an individual, and, for a partnership, limited partnership, association or professional corporation appointed as the borough manager, 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).

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