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Mayor's Duties
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The prime responsibility of the mayor is directing the police department. According to Section 1121 of the Borough Code, the mayor can direct the time during which, the place where and manner in which the chief of police shall perform their duties. Council shall fix and determine the total weekly hours that apply to policemen.
Council also the right to appoint special school police or crossing guards to direct traffic at or near school. When they are on duty, these guards are under the direction of the mayor.
Suspension of Officers
The mayor also has the ability to suspend police officers, although it is limited. The suspension must be for cause. In communities with civil service provisions, the mayor should specify one or more reasons listed in Section 1190 of the Borough Code, describe the particular conduct which is the basis for the suspension and file written charges with council.
In boroughs with fewer than three full-time officers, suspensions are governed by the Police Tenure Act. A mayor suspending an officer should specify the reasons listed and file written charges with council within five days. The mayor may also suspend an officer without pay until the next regular meeting of council or for shorter periods. When the suspension expires before the next council meeting, council has no authority to change the ruling.
The mayor's power of suspension is limited until the next regular meeting of council. If council takes no action at the meeting, the suspension expires and the officer returns to work.
An officer suspended by the mayor cannot be reinstated by council at an effective date earlier than 10 working days from the date of the mayor's suspension. If council has reinstated a police officer, the mayor cannot further suspend the individual for the same actions or for reasons that council has determined are not to be grounds for suspension.
General Administration
The Borough Code authorizes the mayor to preserve order, enforce ordinances and resolutions, remove nuisances, exact a faithful performance of appointed officials, and perform such duties as assigned by law or ordinance.
In preserving order, the mayor directs the activities of the police department. The only specific reference to preserving order is in the Election Code. At the request of election officers, the mayor must clear the approach to polling places, maintain order or quell any disturbance at the polling place on election days.
Ordinance Enforcement
Enforcement is restricted to the power of directing the police. Other state laws provide council detailed powers to enforce ordinances through other borough officers such as the zoning officer, the building inspector, the sewage enforcement officer and the earned income tax collector. Non-police enforcement activities are delegated to the borough secretary.
Council can also grant additional enforcement power to the mayor by ordinance such as the issuance of various licenses or permits. The mayor has no power to impose additional restrictions or regulations and cannot revoke a license unless there is a clear violation of the regulations established by council in the ordinance and after a notice and a hearing.
Nuisance Removals
Although general language authorizes the mayor to remove nuisances, the Borough Code now grants more specific power to council and the health officer or board of health to remove nuisances.
Faithful Performance
There are no provisions in the Borough Code authorizing the mayor to supervise other employees, with the exception of directing the police department. Mayors can be granted additional supervisory power over other borough employees by council through enactment of an ordinance. When problems or issues come to the attention of the mayor, it is appropriate to direct the matter to the respective borough office if it does not have to be brought to the attention of council.
Legal Assistance
In most instances, legal assistance for the mayor is provided by the borough solicitor, which includes preparation of legal documents, representation in court and providing legal advice. When the situation involves a dispute between the mayor and council, or if representation of both council and the mayor would create a conflict of interest for the solicitor, the mayor can retain outside counsel at a cost not to exceed $2,500 for any 12-month period.
The Borough Code says the mayor is required to sign all papers, contracts, obligations and documents as required by law. This power has been curtailed at least as it pertains to contracts and agreements. When any action by council results in a specific written contract or agreement, the document is to be signed by the president of council. This 1980 change in the Borough Code removed the mayor from signing most administrative documents for the borough, although the mayor retains the right to sign all ordinances and resolutions of a legislative nature in exercising the power of legislative review.
Financial Affairs
The mayor is required to keep correct accounts of all funds received and pay them into the borough treasury. Once a month, the mayor must submit an itemized account of funds collected to council. Boroughs must furnish their mayors the necessary books and forms for the conduct of their office. All books and forms remain the property of the borough and must be surrendered to the mayor's successor in office.
Emergency Powers
Local disasters may be declared by council and they may authorize the mayor to declare a local disaster emergency subject to ratification by council. Such a declaration cannot be continued or renewed for more than seven days without the consent of council. The declaration must be given prompt and general publicity and must be filed promptly with the Pennsylvania Emergency Management Agency (PEMA). The effect of declaring a local disaster emergency is to activate the response and recovery aspects of local emergency management plans and to authorize the furnishing of aid and assistance.
The Borough Code also authorizes the mayor to proclaim a state of emergency in situations involving mobs or rioting for a period not to exceed seven days, unless sooner rescinded, modified or extended by resolution of council. The proclamation must describe any geographical areas or hours when activities are prohibited.
Activities the mayor can prohibit include:
Presence of persons on public streets or places during
hours declared to be a period of curfew.
Entry or departure of persons into or from any restricted area.
Sale, purchase or dispensing of any commodities or goods designated by the mayor.
Transportation, possession or use of gasoline or other flammable or explosive materials, except in normal, legitimate uses.
Any other activities the mayor reasonably believes should be prohibited to help preserve life, health, property or the public peace.
During an emergency, the mayor can appoint suitable persons as special police officers during an emergency when the safety and welfare of the community is endangered. This power is restricted to situations caused by a sudden or unexpected event creating a dangerous condition necessitating immediate or quick action. Ordinary or customarily existing conditions are not emergencies and a mayor may not use this power to replace police officers lost when council reduces the size of the police force.
In addition, a borough may have auxiliary police besides special police. The chief of police may nominate persons to serve as auxiliary police officers. All nominees must have successfully completed a training course prescribed by the chief and must be confirmed by the mayor. Auxiliary police must be called to duty by the mayor, and may serve only during a period of emergency. They also cannot act with authority unless an emergency condition
exists.
Special Services
An often overlooked duty of the mayor is the ability to solemnize marriages. Under terms of the Marriage Law, the mayor may marry couples who produce a license issued by the clerk of the Orphans' Court.
There is no required form for a marriage ceremony. It should include words in the present tense stating the purpose of the participants of establishing the relation of husband and wife. When the ceremony is completed, the mayor must sign the marriage certificate attached to the marriage license. The original is given to the persons married and the duplicate must be returned to the clerk of the Orphans' Court issuing the license within 10 days after the ceremony.
Another special service is the administration of oaths and affirmations in matters pertaining to borough affairs. The mayor can administer the oath of office to council members and other borough officers.
In ceremonial roles, the mayor is often requested to participate in various community activities as the official representative of the municipal government. These can include speaking at national holiday celebrations, attending meetings of civic, fraternal or service organizations, participating in groundbreaking or ribbon cutting ceremonies and riding in parades.
In addition, the mayor is often the recipient of citizen complaints about borough services, opinions on community issues or concerns with developing problems. Although the mayor's power is limited in these matters, they do have a responsibility in reporting to council citizen reactions to municipal activities and developing problems brought to their attention.
Community leadership is another area where a mayor often serves a leading role in promoting community projects, in both the private and public sectors. These could include development of parks and recreational facilities, instituting youth recreation programs, establishing programs and facilities to benefit senior citizens, encouraging historic preservation activities and organizing economic development programs.
Legislative Powers
The Borough Code enables the mayor to attend all regular and special meetings of council, along with executive sessions held under the Sunshine Act, except where the executive session relates to a legal dispute between council and the mayor.
The mayor may take part in discussions with council, subject to the same rules of procedure applicable to council members. The mayor also has the responsibility of reporting to council periodically on the state of the borough and making recommendations to council on matters of concern.
Voting Capabilities
The mayor has been unable to vote in council since 1893. However, the only exception is the power given in the Borough Code to break tie votes to enable council to take action.
Whenever any ordinance, resolution or motion put to council results in a tie vote and prevents the council from taking action on a matter before it, the mayor may cast the tie-breaking vote. The mayor may break the tie immediately, or request the matter be reconsidered at a special meeting to be held within five to ten days. If council is still split on the issue at the special meeting, the mayor must then break the tie. If the council is divided on an issue and the mayor is not present at the meeting, the matter must be reconsidered at a special meeting to be held within five to ten days. The mayor is given notice of the special meeting and must attend to break the tie.
The mayor cannot use the tie-breaking function to assert authority over appointing or removing police officers because this authority is exclusively vested in council.
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