23 May 1889, art. 6, § 2. P. L. 277. Terms of officers now in office. Ibid. § 8. Ballots to specify terms. Special elections. Ibid. § 4. Councilmen to be sworn. Ibid. Contested elections. Rules. Ibid. Sessions to be public. Quorum. Ibid. Vacation of seats for misbehavior, &c. Ibid. § 5. Stated meetings. numbered wards shall be chosen for four years; and the members of common council from odd numbered wards shall be chosen for one year, and those from even numbered wards shall be chosen for two years, and thereafter members of the select council shall be chosen for four years, and members of common council for two years respectively. The term of mayors, controllers and treasurers, and all members of councils now in office, in each of said cities, shall cease and determine on the first Monday of April next succeeding the date of the first election held under this act, and their successors shall be chosen as herein provided, on the third Tuesday in February preceding thereto. 87. Where members of councils are to be chosen at the same election for different terms, the ballots shall specify the respective terms, and in case of a tie vote between two or more candidates having the highest number of votes for the same office, such candidate shall, in the presence of the branch, determine by lot which of them shall be entitled to hold the same. In all cases of vacancies occurring in any other manner than by the expiration of the term, the member or members elected to fill the same shall serve for the unexpired term of his or their predecessor or predecessors. Special elections to fill vacancies shall be held in the respective wards, in the manner provided by law, upon such date as shall be fixed by the branch in which the same shall occur, of which at least ten days' previous public notice shall be given by the mayor by proclamation. 88. Members of councils shall take the oath hereinbefore prescribed for city officers, which oath shall be administered to the president-elect of each branch by the mayor or some other person authorized by law to administer oaths, and by the president to the members-elect and officers of the respective branch. 89. Each branch shall judge of the qualifications of its members, and contested elections shall be determined by the courts of law, in such manner as shall be directed by law, and each branch may determine the rules of its proceedings, which shall not be inconsistent with any joint rule adopted by the two branches. 90. The session of councils shall be public, and a majority of each branch shall constitute a quorum, but a less number may adjourn from time to time and shall have power to compel the attendance of absent members under such regulations and penalties as may be prescribed by ordinance or rule. 91. Each branch shall have power to vacate the seat of any of its members for misbehavior, official misconduct or neglect of duty, and shall thereupon fill such vacancy in the manner prescribed in the preceding section. 92. The select and common councils of each of said cities shall hold stated meetings at least once in each month, at such time as may be fixed by ordinance, and either branch may hold special meetings at such other time as the mayor, the Special meetings. president, or any five members may deem proper to call the same, upon twentyfour hours' notice to each member, which notice shall state whether such meeting is to be convened for special or general business. Ibid. § 6. Journals. 93. Each branch shall keep a journal of its proceedings, which shall be at all times open to public inspection. All voting in either council or in joint convention of both councils shall be viva voce, and the yeas and nays of the members on any question shall, at the request of any two of them, be entered on the journal. 94. Except where he shall be personally or privately interested, no member shall withhold his vote on any measure or question, unless he shall state his reasons therefor to the branch, which may excuse him and enter the reasons upon the journal. 95. Every legislative act of the councils shall be by resolution or ordinance, and every ordinance or resolution which shall have passed both branches shall be presented, duly certified, to the mayor for approval. If he approves, he shall sign the same, but if he shall not approve, he shall return it, with his objections, to the branch of councils wherein it originated, which shall thereupon proceed to reconsider it. If upon such reconsideration two-thirds of the members elected to each branch shall pass the said ordinance or resolution, it shall become effecPassage over veto. tive as though the mayor had signed the same. In all such cases the vote of Veto to be by yeas councils shall be determined by yeas and nays, and the names of the members voting be duly entered upon the journals. Every ordinance or resolution which the mayor shall not return within fifteen days from the date of its presentation returned in fifteen to him, as aforesaid, shall become a law as fully and effectively as if he had apdays. proved the same. The mayor may disapprove of any item or items of any bill making appropriations, and such item or items shall be void unless repassed according to the rules herein prescribed for the passage of bills over the mayor's 96. All ordinances may be proved by the certificate of the city clerk, under the corporate seal, and when printed or published in book or pamphlet form, and purporting to be published by authority of the city, shall be read and received as evidence in all courts and places without further proof. All ordinances shall, unless otherwise provided therein, take effect immediately upon their approval by the mayor, and every ordinance prescribing a penalty for the violation thereof shall be forthwith published at least three times in not more than two newspapers printed and circulated within the city, in such manner as councils may direct. 88. P. L. 277. All ordinances shall, within one month after their passage, be certified and re- 28 May 1889, art. 6, corded by the city clerk in a book provided by the city for that purpose, which shall be at all times open to the inspection of the citizens. To be certified and Fiscal year. 97. The fiscal year of each of said cities of the third class shall begin on the first Monday of April in each and every year. The councils shall, at the end of the fiscal year, cause to be published in the month of April or May in not more than two newspapers printed and circulated in said city, a summarized statement of Annual financial the receipts and expenditures of the city during the preceding year, its present funded and floating indebtedness and the date of maturity of the funded debt, a schedule of its assets, with the character and value thereof, and the amount of the taxable property therein. statement. Ibid. § 10. Estimates of re 98. The several departments of the city government shall, before the commencement of the fiscal year, present to councils an estimate of the probable receipts and expenditures, and of the amount required by each of said departments ceipts and expenfor the public service during the ensuing year, and councils shall then proceed to ditures. make the annual appropriations thereto. No appropriation shall be made for any Interest, salaries, purpose until the interest accruing on the funded debt of the city, and the principal of such part of said debt as may be coming due, the salaries of officers and the provided for. ordinary and necessary expenses of the city shall first be provided for. and ordinary expenses to be first 99. When all appropriations for the expenditures for the ensuing year shall Ibid. be finally made, the councils shall fix the tax rate at such figure as with all Tax rate. sources of revenue will fully meet and cover the aggregate amount of such appro- Appropriations in priations; and no appropriation shall be made for any purpose in excess of the excess of estimated estimated receipts for the current fiscal year. receipts prohibited. Joint sessions of 100. Councils may, by concurrent resolution, meet in joint session for the Ibid. § 11. transaction of general business, except the passage of ordinances. No joint session shall be valid unless a quorum of each branch be present, and when the councils. yeas and nays are demanded by any member, the votes of a majority of each Quorum. branch shall be necessary to the decision of any question. VII. Executive department. Term. duties. 101. The mayor of each of said cities of the third class shall be at least 28 May 1889, art. 7, twenty-five years of age, and shall have been a citizen and inhabitant of the § 1. P. L. 277. state four years and an inhabitant of the city for one year next before his elec- Election and tion. He shall be chosen at the municipal election to serve for the term of three qualifications of years, and until his successor is duly elected and qualified, and shall not be mayor. eligible to re-election for the next succeeding term. He shall be the chief executive magistrate of the city, and it shall be his duty to be vigilant and active in causing the ordinances and the laws of the commonwealth relating to the Powers and government of the city to be executed and enforced therein, and in order to enable him effectually to preserve the public peace within the city, all the powers which are devolved by the laws of this state upon sheriffs to prevent and suppress mobs, riots and tumultuous assemblies are hereby conferred upon him; and he shall have authority upon occasions of threatened public disorder to require and enforce the closing up of bars, or any establishments in which liquors are sold, during the continuance thereof. He shall also have authority upon such occasions to appoint supernumerary policemen to serve for such period as he may Additional designate, not exceeding ten days, whose compensation shall be fixed by ordinance policemen. of councils. Ibid. § 2. Public disorder. &c., of com 102. The mayor shall supervise the conduct of all city officers, examine the grounds of all reasonable complaints against any of them, and cause all of their supervision of the violation or neglect of duty to be properly punished, or reported to the proper conduct of city tribunal for correction, and for the purpose aforesaid he is hereby empowered to officials. issue subpoenas and compulsory process under his official seal for the attendance of Investigation, such persons, and the production of such books and papers as he may deem neces- plaints. sary. He shall have authority at all times to call upon any of the officials of the Information from city or heads of departments for such information as to the affairs under their con- heads of depart trol and management as he may require, and may call special meetings of councils ments. to consider any matters which he may think proper to lay before them. 103. He shall communicate to councils at their first stated meeting in January of each year, and from time to time, as he may deem expedient, a statement of the condition and affairs of the city in respect to its government, finances and improvements, together with suggestions and recommendations of all such measures as he may deem conducive to the interests and welfare thereof. Ibid. Annual message. Ibid. § 8. Criminal juris 104. The mayor shall have the criminal jurisdiction of an alderman within the city, and shall have no civil jurisdiction except in relation to actions for fines, penalties or forfeitures imposed by virtue of the ordinances of the city, or diction. the laws of this commonwealth relating thereto. He shall have the power of committing magistrate under the acts of assembly relating to tramps and vagrants, Powers of comand shall, in addition, have authority to commit to any city or county prison for a mitting magisterm not exceeding thirty days any dissolute or disorderly persons, in default of trate. payment of such fines or penalties as may be fixed by ordinance, with cost of 23 May 1889 art. 7, arrest. He shall be empowered to take acknowledgments of any instruments in writing, solemnize marriages and administer oaths and affirmations, and shall attest all his acts with his official seal. He shall keep a docket and shall enter therein all actions and proceedings had before him, and the said docket with the entries therein and duly certified .transcripts thereof, shall be received in evidence in the same manner and with like effect as the docket entries and transcripts of aldermen are by law admissible for similar purposes. He shall charge and receive for all official services the same fees and costs as pertain by law to the aldermen of the city for similar services, but shall-pay over the same into the city treasury into city treasury. monthly, according to a statement thereof verified by oath or affirmation before the controller and filed with him. The mayor shall receive a fixed annual salary to be provided by ordinance. Shall keep a docket. Fees to be paid Annual salary. Ibid. § 4. Councils to fix number, rank, 105. The council shall fix by ordinance the number, rank and compensation of the members of the city police force, and prescribe all necessary rules and reguand compensation lations for the organization and government thereof, in accordance with this act, and it shall be a misdemeanor in office for any policeman to ask, demand or receive any other compensation or reward whatsoever for his official services, to be followed by dismissal from office. of policemen. Asking or demanding extra compensation a misde meanor. Ibid. Appointment of Ibid. § 5. Powers and duties of policemen. inal process. Fees to be paid into treasury. 106. The mayor shall nominate, and by and with the advice and consent of the select council appoint, suspend or dismiss the said policemen, any or all of them, and in like manner all vacancies shall be filled. He shall designate a member of the force to be chief thereof, who shall be the principal executive officer of the department subject to his direction. 107. Policemen shall be ex officio constables of the city, and shall and may without warrant and upon view arrest and commit for hearing any and all persons guilty of breach of the peace, vagrancy, riotous or disorderly conduct or drunkenness, or who may be engaged in the commission of any unlawful act tending to imperil the personal security or endanger the property of the citizens. Execution of crim- They shall have authority to serve and execute all criminal process, or process for the violation of the city ordinances which may be issued by the mayor or any alderman, and shall charge the same fees and costs as pertain by law to the constables of city for similar services, but the said fees and costs shall be received and collected by the mayor and by him paid into the city treasury monthly as herein before provided. Policemen shall obey the orders of the mayor and make report to him, which report shall be laid by him before councils whenever required. The mayor shall exercise a constant supervision and control over their conduct, and hear and determine all complaints against them in the discharge of their duties, and he shall be required to remove from office any member or officer of the police force upon a resolution to that effect passed by two-thirds of both branches of councils. To obey orders, &c., of mayor. Ibid. § 6. Appointment and removal of subor dinate officers. 108. The mayor shall nominate, and by and with the advice and consent of the select council appoint all subordinate officers of the city whose offices are created by ordinance, excepting the city clerk and the clerks of the different branches of councils or other departments of the city government, which clerks shall be Excepting the city appointed by such branches or departments respectively, and such other officers clerk and clerks of authorized to be otherwise appointed or elected under the provisions of this act, and he may remove from office any such officers appointed by the mayor, for inability, official misconduct or neglect of duty, and in like manner all vacancies which may occur during the terms of such officers shall be filled. The mayor shall issue his proclamation to the qualified electors of the city at least ten days before Election proclama- the annual municipal election, stating therein the officers to be voted for at such election. departments and councils. tion. 109. In case of a vacancy occurring in the office of mayor by death, resignation, removal or otherwise, a successor shall be elected for the unexpired term at the municipal election occurring at least one month after the happening of such vacancy, and the election, the city councils shall, in joint convention, by the vote of a majority of all the members elected, appoint some person qualified according to law. In case of the temporary inability of the mayor to act the councils may, in the manner aforesaid, appoint a person to act in his place until the mayor shall be able to resume the duties of his office. 110. All action, prosecution, complaints and proceeding for the violation of the ordinances of the city, and for fines, penalties and forfeitures imposed thereby, shall be instituted in the corporate name of the city, and be conducted in the manner prescribed by law. Proceedings for the violation of the city ordinances may be commenced by warrant or summons, at the discretion of the mayor or alderman before whom complaint is made, but no warrant shall be issued except upon complaint, upon oath or affirmation, specifying the ordinance for the violation of which the same is issued; and all process shall be directed to, and served by any policeman or constable of the city, who shall execute the same anywhere within the city, or in the county of which it is part, or elsewhere, be provided by law. Warrants shall be returnable forthwith, and every summons shall be returnable in not less than five nor more than eight days from the date thereof, and upon such return the like proceedings shall be had in all as may cases as are or may be directed by law in relation to summary conviction or pro- 28 May 1889, art. 7, ceeding for the recovery of penalties before justices of the peace, with the same § 8. P. L. 277. right of appeal from any final judgment entered therein. All fines and penalties Fines to be paid for the violation of the city ordinances shall be paid over by the magistrate before whom the same are recovered, into the city treasury. VIII. City treasurer. into treasury. Election and term. 111. The treasurer of each of said cities of the third class shall be elected 28 May 1889, art. 8, by the qualified voters at the municipal election, and shall hold his office for the $1. P. L. 277. term of three years and until his successor is duly elected and qualified. The city treasurer shall be a competent accountant, and shall have been a resident Qualifications. of the city and an elector thereof, for at least three years previous to his election. He shall give a lawful bond to the city, with two or more sufficient sureties, Bond. to be approved by council, in such sum as they may by ordinance direct, conditioned for the honest and faithful discharge of his official duties, and the safe Salary. keeping and payment over of all public moneys entrusted to his care. He shall receive a fixed annual salary, to be provided by ordinance. Ibid. § 2. To recover all 112. The city treasurer shall demand and receive all moneys payable to the city, from whatever source, and shall pay all warrants duly countersigned by the city controller. His accounts shall be kept in such manner as to clearly exhibit public moneys all the items of receipts and expenditures of the city, the sources from whence the and pay warrants. moneys are received, and the objects for which the same are disbursed, and he shall Accounts. keep separate and distinct accounts of the receipts and expenditures of the city, the sinking fund, and the water and lighting department respectively, and also of every special fund which may come into his hands. Ibid. 113. No money shall be paid out of the city treasury unless the same shall have been previously appropriated by councils to the purpose for which it is to be drawn, No payments which shall be explicitly mentioned in the warrant therefor. without appropriation. Ibid. 114. The treasurer shall keep the public funds in such banks or financial depositories as councils may direct, and shall verify his cash accounts monthly, or whenDeposit of funds. ever required, to the satisfaction of a standing committee of councils and city Cash account to controller, and upon the affidavit of a majority of such committee or of the con- be verified. troller, to any default therein, he may be suspended from office, and another treas- Suspension. urer appointed, as councils may determine. 115. The city treasurer and every other officer of the city receiving or having Ibid. § 8. in his possession any money, accounts, property or effects belonging to the cor- Delivery of city poration, shall, upon the termination of his office, deliver over the same to the property, &c., at city, or to his duly qualified successor. Any vacancy in the office of city treasurer end of term. shall be filled by the vote of a majority of the members elected to councils, in joint convention, and the person so chosen to fill the same shall serve until the first Vacancy. Monday of April succeeding the municipal election occurring at least one month after the happening of such vacancy, at which election a successor shall be elected for the unexpired term. IX. City controller. 116. The qualified electors of each of said cities of the third class shall elect, at 28 May 1889, art. 9, the municipal election, a city controller, who shall possess the qualifications herein § 1. P. L. 277. prescribed for the city treasurer, and shall serve for the term of three years, and Election. until his successor is duly elected and qualified. He shall superintend the fiscal Qualifications. concerns of the city and shall manage the same in the manner required by the laws Term. of this state, and the ordinances and resolutions of the city councils in accordance To superintend therewith. He shall examine, audit and settle all accounts whatsoever in which fiscal concerns. the city is concerned, either as debtor or creditor, where provision for the settle- To audit and settle ment thereof is made by law; and where no such provision, or an insufficient provision has been made, he shall examine such accounts and report to the city councils the facts relating thereto, with his opinion thereon. He shall have authority to administer oaths or affirmations in relation to any matter touching the authentica- To administer tion of every account with or claim or demand against the city, but shall not be oaths. entitled to receive any fee therefor. accounts. Ibid. § 2. 117. The city controller shall keep a regular set of books, in which shall be opened and kept as many accounts under appropriate titles as may be necessary Books of accounts. to show separately and distinctly all the estates and property whatsoever, real and personal, vested in the city, all trusts in the care of the same, all debts due to and owing by the city, all the receipts and expenditures of the various departments of the city government, and all appropriations made by councils, and the sums under the same respectively. 118. He shall have the supervision and control of the accounts of all departIbid. § 3. ments, bureaus and officers of the city who shall collect, receive or disburse the Supervision of public moneys, or who are charged with the management or custody thereof, accounts of all shall audit their respective accounts, and may at any time require from any or departments. all of them a statement in writing of any and all moneys or property of the city Audit accounts. § 8.. P. L. 277. 28 May 1889, art. 9, in their hands, or under their control; and he shall, immediately upon the discovery of any default, irregularity or delinquency, report the same to the city councils. He shall likewise audit and report upon the accounts of any such officer upon the death, resignation, removal or expiration of the term of the said officer. 23 May 1889, art. 10, Election. Qualifications. Term. 119. He shall countersign all warrants upon the city treasurer, the form whereof shall be prescribed by councils, and shall not suffer any appropriation made by the city councils to be overdrawn; but no warrant shall be countersigned unless there is money in the treasury to pay the same. In every case in which an appropriation shall be exhausted, and the object of which is not completed, he shall immediately report the fact to the city councils, and accompany such report with a statement of the moneys which have been drawn on such appropriation and the particular purpose for which they were drawn. 120. Whenever a warrant on the treasurer shall be presented to him to be countersigned, the person presenting the same shall, if the controller require, produce evidence: 1. That the amount expressed in the warrant is due to the person in whose favor it is drawn. 2. That the supplies or the services for payment of which the warrant is drawn have been furnished or performed according to law and the terms of the contract. 121. Every contract involving an appropriation of money shall designate the item of appropriation on which it is founded, and the estimated amount of the expenditure thereunder shall be charged against such item and so certified by the controller on the contract before it shall take effect as a contract, and the payments required by such contract shall be made from the fund appropriated therefor. If the controller shall certify any contract in excess of the appropriation made therefor the city shall not be liable for such excess, but the controller and his sureties shall be liable for the same; which may be recovered in an action at law by the contracting party aggrieved. It shall be the duty of the controller to certify contracts for the payment of which sufficient appropriations have been made. 122. The city controller shall, from time to time, and as often as he may deem expedient, or the city councils shall direct, suggest plans to the councils for the management and improvement of the city finances, and he shall make a report, verified by oath or affirmation, to the city councils at a stated meeting in January in each year, of the public accounts of the city and of the trusts in its care, exhibiting all the expenditures thereof respectively, the sources from which the revenue and funds are derived and in what manner the same have been disbursed; each account to be accompanied by a statement in detail of the several appropriations made by councils, the amount drawn on each appropriation and the balance standing to the debit or credit of such appropriation. 123. Any vacancy in the office of city controller shall be filled by the vote of a majority of the members elected to councils, in joint convention, and the person so chosen to fill the same shall serve until the first Monday of April succeeding the municipal election occurring at least one month after the happening of such vacancy, at which election a successor shall be elected for the unexpired term. The city controller shall give a lawful bond to the city, with two or more sufficient sureties, be approved by councils in such sum as they may by ordinance direct, conditioned for the faithful discharge of his official duties, and shall receive a fixed annual salary, to be provided by ordinance. X. City solicitor. 124. The councils of each of said cities of the third class shall, in joint conven§ 1. P. L. 277. tion, on the second Monday of April, or as soon thereafter as practicable, elect, by the vote of a majority of the members chosen to both branches, one person learned in the law and qualified to practise in the supreme court of this commonwealth, who shall be styled the city solicitor, and shall serve for the term of two years from the first Monday of May succeeding his election, and until his successor shall be duly qualified.(d) Vacancies in said office shall be filled by councils for the unexpired term. He shall give a lawful bond(e) to the corporation, with two or more sufficient sureties, to be approved by councils, in such sum as they shall by ordinance direct, conditioned for the faithful performance of his official duties as the same are or may be defined by law or ordinance. Vacancies. Ibid. § 2. To have charge of all legal matters. Additional counsel. Office. 125. The law matters of the city shall be under the superintendence, direction and control of the city solicitor, and no department of the city shall employ or retain any additional counsel in any matter or cause, except with the previous assent of councils. He shall keep his office within the city, and there shall be de (d) The city controller has no right to go behind the records of councils to determine who was elected city solicitor. Flick v. Harphum, 13 C. C. 648. a penalty and a condition; a city ordinance requiring a judgment bond is inconsistent with this statute and is supplied by it. Commonwealth v. Chittenden, 13 (e) The bond of the city solicitor should consist of C. C. 362. |