[Ord. 1, 6/12/1893, § 801;
as amended by Ord. 75, 2/13/1901, § 801; and by Ord. 806, 6/11/1986; and by Ord. 995, 12/10/2003]
1. Appointment, Term of Office. A Borough Treasurer and a Borough Solicitor
shall be appointed by Borough Council at its regular organizational
meeting on the first Monday of January of each even-numbered year,
or as provided by the Pennsylvania Borough Code. The Treasurer and
Solicitor shall serve at the pleasure of Council and may be removed
from office at any time by a majority vote of all Council members.
2. Qualifications of Treasurer. Council may appoint as Treasurer either
an individual, bank or bank and trust company.
3. Qualifications of Solicitor. The Borough Solicitor shall be a person
in active legal practice in the Commonwealth and licensed to practice
law in the Commonwealth. In the absence of the Solicitor, a law firm
of which the Solicitor is a member or associated may perform any of
the duties of the Solicitor.
[Ord. 1, 6/12/1893, § 802;
as amended by Ord. 75, 2/13/1901, § 802; and by Ord. 806, 6/11/1986]
If any officer appointed by Council shall neglect or refuse the duties of the office, the officer shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of $100. Collection of the fines and penalties for default of the payment shall be as provided by Chapter
1 of this Code.
[Ord. 1, 6/12/1893, § 803;
as amended by Ord. 806, 6/11/1986]
1. The Borough Solicitor shall be the chief legal officer of the Borough
and shall have the following powers and restrictions:
A. The Solicitor shall furnish legal advice, upon request, to Council,
the Mayor, the Manager and to all boards and commissions concerning
any matter or thing arising in connection with the exercise of their
official powers or performance of their official duties and, except
as otherwise expressly provided by this Code, shall supervise, direct
and control all of the law work of the Borough.
B. At the direction of Council, the Solicitor shall appear for and represent
the Borough or, if appropriate, the residents of the Borough as a
class on matters before the various regulatory agencies of other governmental
bodies and in the courts of the commonwealth.
C. No member of Borough Council or of any department or agency shall
serve as Borough Solicitor nor as attorney for any commission, committee
or agency in the Borough government while serving as a member of Borough
Council, and for one year thereafter.
D. The Borough Solicitor or his/her firm shall not be permitted to serve
in any matter in which the Borough is a party or has an interest for
at least one year subsequent to retirement, resignation or removal
as Borough Solicitor.
E. The Solicitor shall have right of access at all times to the official
records of any officer, department, board or commission of the Borough.
F. The Solicitor, unless otherwise provided herein, may employ additional
counsel without the assent or ratification of Council.
G. The Solicitor shall submit an annual report to Council of all legal
activities performed for the Borough during the year.
[Ord. 1, 6/12/1893, § 804;
as amended by Ord. 75, 2/13/1901, § 804; and by Ord. 806, 6/11/1986]
1. The powers and duties of the Treasurer shall be as follows:
A. Shall keep a just account of all receipts and disbursements, and
shall annually submit such account to the Borough auditors.
B. Shall receive all monies received by any Borough officer or other
person for use of the Borough. All such monies shall be paid promptly
upon receipt to the Treasurer.
C. Shall deposit monies in a bank or banking institution in the name
of the Borough.
D. Shall authorize expenditures to be paid out of the Borough Treasury
upon an order signed by the President of Council and Borough Secretary;
provided, there is sufficient money in the Treasury for such expenditure.
E. Shall, upon leaving office, pay over all monies remaining in his/her
hands and deliver all books, papers, accounts and other things belonging
to the Borough, to the succeeding Treasurer.
[Ord. 1, 6/12/1893, § 805;
as amended by Ord. 806, 6/11/1986; and by Ord. 995, 12/10/2003]
Before taking office, and each year thereafter, the Borough
Treasurer shall furnish a fidelity bond in an amount as set from time
to time by resolution of the Borough Council, conditioned upon the
faithful performance of his/her duties. This fidelity bond shall be
in a form acceptable to the Borough Solicitor and shall be issued
by a corporation licensed to do business as a surety in the Commonwealth
of Pennsylvania. The cost of such bond shall be paid from the general
revenue of the Borough.