Section 601. Supervisors and
Government of Townships.--Townships shall be
governed and supervised by boards of supervisors.
Boards of supervisors shall consist of three
members or, if approved by the electors under
section 402(b), five members.
Section 602. Organization Meeting; Appointment of Secretary and Treasurer. –(a) The board of supervisors shall meet at a convenient time and place on the first Monday in January of each year. If the first Monday is a legal holiday, the meeting shall be held the following day. The board of supervisors shall elect one member as chairman and another as vice-chairman, and it shall appoint a treasurer and a secretary. The secretary shall be an individual; however, the board of supervisors may select either a trust company, a banking institution or an individual to serve as treasurer, or the board of supervisors may appoint one individual to serve as both secretary and treasurer. Members of the board of supervisors may be appointed as secretary-treasurer, secretary or treasurer. With regards to boards of supervisors which are designated as three-member boards, any supervisor who is to be considered by the board for any appointed township position or for employment by the township as authorized by law shall not be excluded from voting on the issue of such appointment or employment. Action taken by a supervisor shall be deemed to be within the scope of authority as a supervisor and shall not be deemed to constitute an illegal or an improper conflict of interest. ((a) amended Dec. 18, 1996, P.L.1142, No. 172)
(b) The meeting under this section may be considered a regular monthly meeting of the board of supervisors. The first order of business at this meeting shall be organization of the board of supervisors.
(c) The board of supervisors may appoint a supervisor to be employed as roadmaster, laborer, secretary, treasurer, assistant secretary, assistant treasurer or in any employe capacity not otherwise prohibited by this or any other act.
(d) The board of supervisors may authorize a supervisor who is employed by the township to be compensated at the supervisor’s regular employe rate and a supervisor who is not employed by the township to receive total or partial reimbursement for lost wages or salary if the supervisor’s presence is required in a court of law concerning a township-related matter or the supervisor’s attendance is required at any meeting of a board, council of government, commission, authority or county government-sponsored committee to which the supervisor has been appointed by the board of supervisors, board of county commissioners or county council of the county in which the supervisor resides. The compensation may be granted at the discretion of the board of supervisors and any rate may be granted to the supervisor up to the supervisor’s normal pay rate or lost wages or salary. This subsection shall be subject to the following conditions:
(1) The court must be in session or other meeting must occur during the supervisor’s normal working hours.
(2) The supervisor must not receive any compensation from the other board, council of government, commission, authority or county government committees for the particular meeting the supervisor attends.
(3) No supervisor may be compensated for attending more than 120 hours of court sessions, other board, council of government, commission, authority or county government committee meetings within a calendar year. The secretary or manager of the township shall keep an accurate and timely accounting of the number of hours that a supervisor has accrued.
(602 amended by Act 101 of 2006)
Section 603. Monthly Meetings;
Quorum and Voting.-The board of supervisors
shall meet for the transaction of business at
least once each month at a time and place determined
by the board of supervisors. A quorum is two
members of a three-member board of supervisors
or three members of a five-member board of supervisors.
An affirmative vote of a majority of the entire
board of supervisors at a public meeting is
necessary in order to transact any business.
A member shall not be disqualified from voting
on any issue before the board solely because
the member has previously expressed an opinion
on the issue in either an official or unofficial
capacity.
Section 604. Special Meetings.-Upon
call of the chairman or by agreement of a majority
of its members, the board of supervisors may
schedule special meetings of the board of supervisors
after notice required under the act of July
3, 1986 (P.L.388, No. 84), known as the "Sunshine
Act." Notice of a special meeting shall
state the nature of the business to be conducted
at the meeting.
Section 605. Minutes and
Records.-(a) The board of supervisors shall
provide for the recording of minutes of its
proceedings and other books it may find necessary
in the performance of its duties. The records
shall be made available to the board of auditors
during the annual audit. Unless the custodian
of the records agrees otherwise, the records
shall be audited or inspected at the place where
they are normally maintained. Supervisors who
leave office shall deliver all township records
in their possession to their successors or to
the township secretary.
(b) All township records required to be recorded
or transcribed are valid if typewritten, printed,
photostated or microfilmed, and, where recording
in a specified book of record is required, including
minutes of the proceedings of the board of supervisors,
the records may be recorded or transcribed in
a mechanical post binder book capable of being
permanently sealed, with consecutively numbered
pages with a security code printed thereon and
a permanent locking device with the township
seal being impressed upon each page, or bound
book with pages being consecutively numbered
by transcribing directly upon the pages of the
book of record, or may be attached to the book
of record by stapling or by glue or any other
adhesive substance or material, and all records
previously recorded or transcribed in any manner
authorized by this section are validated. When
any record is recorded or transcribed by attaching
the record or a copy of it to the book of record,
the township seal shall be impressed upon each
page to which the record is attached, each impression
covering both a portion of the attached record
and a portion of the page of the book of record
to which the record is attached.
(c) Original or certified copies of ordinances
may also be stored in a locking or mechanical
post binder book, capable of being permanently
sealed, without being fastened onto pages in
the binder.
Section 606. Compensation
of Supervisors.---(a) Supervisors may receive
as compensation an amount established by ordinance
not in excess of the following:
Township Annual Maximum
Population Compensation
not more than 4,999 $1,875
5,000 to 9,999 $2,500
10,000 to 14,999 $3,250
15,000 to 24,999 $4,125
25,000 to 34,999 $4,375
35,000 or more $5,000
Salaries are payable monthly or quarterly for
the duties imposed by this act. The population
is determined by the latest official census
figures, except that no township shall be required
to reduce the salary of a supervisor as a result
of a decrease in population. The compensation
of supervisors, when employed as roadmasters,
laborers, secretary, treasurer, assistant secretary,
assistant treasurer or in any employe capacity
not otherwise prohibited by this or any other
act, shall be determined by the board of auditors,
at an hourly, daily, weekly, semi-monthly or
monthly basis, which shall be comparable to
compensation paid in the locality for similar
services. The board of supervisors may establish
a mileage allowance, under the act of July 20,
1979 (P.L. 156, No. 51), referred to as the
Uniform Mileage Fee Law, to be paid to officers
and employes for the use of a personal vehicle
when required and actually used for authorized
township business. No supervisor may receive
compensation as an employe for attending a meeting
of the board of supervisors. Supervisors may
continue to be compensated under prior law until
such time as an ordinance is enacted under this
act. Any change in salary, compensation or emoluments
of the elected office becomes effective at the
beginning of the next term of the supervisor.
A decision by the township to pay, in whole
or in part, to include supervisors not employed
by the township in insurance plans, as authorized
in subsection (c), shall not be implemented
with regard to any nonemploye supervisor until
the beginning of the next term of that supervisor.
(b) Any benefit provided to or for the benefit
of a supervisor employed by the township in
any employe capacity under this act in the form
of inclusion in a pension plan paid for in whole
or in part by the township is compensation within
the meaning of this act to the extent that benefit
is paid for by the township and is determined
by the board of auditors; however:
(1) Supervisors are eligible for inclusion in
township pension plans only if they are employed
by the township in any employe capacity under
this act. In order to be eligible for inclusion
in the plans, supervisor-employes must meet
the same requirements as other employes of the
township who are eligible to participate in
a pension plan. Pension plans shall not improperly
discriminate in favor of a supervisor-employe.
(2) Once given, auditor approval for inclusion
of supervisor-employes shall not be rescinded
in any subsequent years as long as the pension
plan remains in effect and the supervisors remain
employed by the township and continue to meet
the same requirements as other employes of the
township who are eligible to participate in
a pension plan, nor shall the auditors act in
any way that disqualifies the pension plan under
Federal law.
(3) No change in the nature or rate of the contributions
of a defined contribution plan and no change
in the benefit formula of a defined benefit
plan shall be initiated by the board of supervisors
with respect to a supervisor-employe without
auditor approval.
(4) A pension or annuity contract made by a
township between January 1, 1959, and March
31, 1985, that includes or provides for benefits
for supervisor-employes or retired supervisor-employes
at township expense is not void or unlawful
solely because the inclusion of supervisor-employes
or retired supervisor-employes was not previously
approved by the township auditors. No penalty,
assessment, surcharge, forfeiture or disciplinary
action of any kind may occur as a result of
that participation by supervisor-employes,
(5) All premium, contribution or similar payments
made by a township on pension or annuity contracts
on behalf of supervisor-employes between January
1, 1959, and March 31, 1985, which would have
been proper but for the absence of auditor approval
are hereby approved. Any benefits payable to
any supervisor-employe or his beneficiaries
on account of any premium, contribution or similar
payments made by a township during that period
shall continue. Any premium, contribution or
similar payments made by a township after March
31, 1985, requires auditor approval under this
subsection.
(6) If a supervisor-employe personally contributed
toward a township-sponsored pension plan or
annuity that is not approved by the township
auditors or not approved by this act, he shall
receive a refund of his total contributions
thereto plus any interest accumulated thereon.
In lieu of a refund of contributions plus accumulated
interest, a supervisor-employe who personally
contributed toward a pension or annuity plan
in which he participated may elect to purchase
that portion of his pension or annuity funded
by the township. A qualified actuary, who shall
report his determination under the act of December
18, 1984 (P.L. 1005, No.205), known as the "Municipal
Pension Plan Funding Standard and Recovery Act,"
shall determine the amount the supervisor-employe
shall pay to purchase the township-funded portion
of the annuity or pension.
(7) Supervisors who are not employes of the
township are not eligible for participation
in any pension or annuity contract paid in whole
or in part by the township. No supervisor who
was not an employe of the township but was included
in a township-paid pension or annuity plan made
by a township between January 1, 1959, and March
31, 1985, is subject to any penalty, assessment,
surcharge, forfeiture or disciplinary action. Any
residual interest, value, refund of premium
or benefits payable on or after March 31, 1985,
arising out of the township-paid interest of
a supervisor who was not an employe is the exclusive
property of the township.
(c) In addition to the compensation authorized
under this section, supervisors while in office
or while in the employ of the township may be
eligible for inclusion in township-paid insurance
plans, as follows:
(1) Supervisors, whether or not they are employed
by the township, and their dependents are eligible
for inclusion in group life, health, hospitalization,
medical service and accident insurance plans
paid in whole or in part by the township. Their
inclusion in those plans does not require auditor
approval, but does require submission of a letter
requesting participation at a regularly scheduled
meeting of the board of supervisors before commencing
participation. The insurance shall be uniformly
applicable to those covered and shall not give
eligibility preference to or improperly discriminate
in favor of supervisors. No policy of group
life insurance shall contain any provision for
a cash surrender value, loan value or any other
benefit beyond the face amount of insurance.
The policy may contain a provision that when
the insurance ceases because of termination
of employment or term of office, the person
is entitled to have issued to him by the insurer,
without evidence of insurability, an individual
policy of insurance on any form customarily
issued by the insurer at the age and for the
amount applied for if the amount is not in excess
of the amount of life insurance which ceases
because of the termination and the application
for the individual policy is made and first
premium is paid to the insurer within thirty-one
days after termination.
(2) Any life, health, hospitalization, medical
service or accident insurance coverage contract
made by a township between January 1, 1959,
and March 31, 1985, that includes or provides
coverage for supervisors not employed by the
township is not void or unlawful because inclusion
of those supervisors was subsequently found
to be without lawful authority. No penalty,
assessment, surcharge, forfeiture or disciplinary
action may occur as a result of participation
by those supervisors. Insurance benefits paid
or payable to insureds or their beneficiaries
arising out of or on account of deaths, injuries,
accidents or illnesses occurring before March
30, 1988, are the property of the insureds or
their beneficiaries.
(3) All payments made by a township on any group
life, health, hospitalization, medical service
or accident insurance coverage contracts on
behalf of supervisors who were not employes
between January 1, 1959, and March 31, 1985,
which would have been proper but for the absence
of auditor approval are hereby approved. Any
benefits payable to any supervisor or his beneficiaries
on account of those payments during that time
shall continue.
(4) The township may deduct from any compensation
payable to a supervisor such part of any insurance
premium or charge which is payable by the supervisor
within the terms of the particular township's
insurance plan.
Section 607. Duties of Supervisors. -The board of supervisors shall: (1) Be charged with the general governance of the township and the execution of legislative, executive and administrative powers in order to ensure sound fiscal management and to secure the health, safety and welfare of the citizens of the township.
(2) Have the responsibility for maintenance of township-owned equipment and facilities.
(3) Employ persons as may be necessary for the general conduct of the business of the township and provide for the compensation, organization and supervision of the persons so employed. Records shall be kept and reports made and filed giving the names of all persons employed, dates on which work was done and the number of hours worked with compensation paid to each person and the capacity in which employed.
(4) Authorize attendance at conferences, institutes, schools and conventions. Any supervisor, elected or appointed officer or township employe may if directed by the board of supervisors attend any conference, institute, school or convention dealing with the duties and functions of elected or appointed officers or employes. The expenses for attending the meetings may be paid by the township and are limited to the registration fee, mileage for the use of a personal vehicle or reimbursement of actual transportation expense going to and returning from the meeting plus all other actual expenses that the board of supervisors agrees to pay. Every attendee shall submit to the board of supervisors an itemized account of expenses incurred at the meeting. The board of supervisors may authorize employes to be compensated at their regular employe rate, and auditors to be compensated at the rate of ten dollars ($10) for each hour up to a maximum of eight hours per day, during their attendance at the meeting.
(5) Annually, on or before the first day of February, furnish to the board of auditors information on the construction or maintenance of roads or other matters that may be required by any department of the Commonwealth to be included in the annual township report.
(6) Provide for the annual tax duplicate to be prepared and presented to the tax collector.
(7) Perform duties and exercise powers as may be imposed or conferred by law or the rules and regulations of any agency of the Commonwealth.
(607 amended by Act 101 of 2006)