8 Pa.C.S. Ch. 11

in effect

8 Pa.C.S. § 1101 Compensation, hours and days of work and outside employment.

Appointed officers and employees of the borough shall receive compensation for their services as the council shall prescribe. Council may also establish the hours and days of work and may restrict the outside employment of borough employees or any class or category of employment.

8 Pa.C.S. § 1102 Accounts.

All officers and employees appointed by a council shall, if directed, render their accounts to the council for settlement.

8 Pa.C.S. § 1103 Bonds.

If an appointed officer or employee of a borough is required by law or action of council to give bond for the faithful performance of the officer's or employee's duties, the borough may pay the premium on the bond. All bonds required to be given by borough officials or employees shall be with a surety company authorized by law to act as surety. The borough shall pay a proportionate share of the cost of the bond of an appointed tax collector in the same ratio as provided in section 804 (relating to term and bonds) for elected tax collectors.

8 Pa.C.S. § 1104 Appointments and incompatible offices.

(a) General rule.--Unless there is incompatibility in fact, an elective or appointive officer of the borough shall be eligible to serve on any board, commission, bureau or other agency created by or for the borough or any borough office created or authorized by statute and may accept appointments under the statute. (b) Prohibition.-- (1) Except as set forth in paragraph (2), no elected borough official of a borough with a population of 3,000 or more may serve as an employee of that borough. (2) Paragraph (1) shall not apply to a borough official serving as an employee of that borough prior to the certification of the 2010 official census or a subsequent latest official census which indicates an increase in the population of that borough to 3,000 or more. (c) Multiple offices.--If there is no incompatibility in fact, appointees of council may hold two or more appointive borough offices, but no mayor or member of council may serve as borough manager, secretary or treasurer. (d) Magisterial district judges.--No person holding the office of magisterial district judge may at the same time hold any elected or appointed borough office. (e) Secretary and treasurer.--The offices of secretary and treasurer may be held by the same person if authorized by ordinance. (f) Police officers and firefighters.-- (1) No police officer or firefighter may hold an elective office of the borough that employs the police officer or firefighter. (2) No police officer or firefighter who is employed by a regional department, council of government or other cooperative venture may hold an elective office of any municipality that participates in the regional department, council of government or other cooperative venture. (3) No police officer or firefighter may hold an elective office of the borough in which the police officer or firefighter resides if the department employing the police officer or firefighter is providing police or fire protection service to that borough by contract. (g) Majority vote required.--All appointments to be made by the council shall be made by a majority of the members of council unless a different vote is required by statute. (h) Construction.--Nothing contained in this section shall be construed to affect the eligibility of a borough official to hold any other public office or receive compensation. (Mar. 28, 2024, P.L.2, No.2, eff. 60 days) 2024 Amendment. Act 2 amended subsec. (c). Special Provisions in Appendix. See sections 4(3)(viii) and 5 of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law and applicability. Cross References. Section 1104 is referred to in sections 10A01, 1190 of this title.

8 Pa.C.S. § 1105 Compensation of certain employees.

(a) General rule.--A borough may provide, by ordinance, to appointees and employees of not less than ten years of satisfactory service and who are not less than 60 years of age upon termination of active employment with the borough, a proportion of the compensation last paid to them but not in excess of 50% of the compensation, including benefits received under the Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et seq.), if any, as fixed in the ordinance or amendment of the ordinance. (b) Postretirement compensation.--Any arrangement to provide postretirement compensation to retired appointees and employees under this section shall be a pension plan within the meaning of that term under the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act, and the borough establishing such plan shall provide funding of the pension plan in an amount sufficient to meet the minimum obligation of the municipality with respect to the pension plan under that act. (c) Funding.--The expenditures authorized in this section shall be paid out of the general tax levy for the current expenditures of the year and not by any special tax. (d) Construction.--Nothing in this section shall be construed to preclude an appointee or employee of the borough from joining in any pension system or municipal retirement system that the borough may adopt.

8 Pa.C.S. § 1105.1 Retirement benefits of employees transferred to authorities.

(a) Required membership.--The following employees of municipal authorities shall be members of the borough retirement system upon a written election as provided in this section: (1) An employee of a wastewater authority created by a borough and one or more townships under 53 Pa.C.S. Ch. 56 (relating to municipal authorities) that commenced operations after December 1, 2001, who satisfies the requirements of subsection (b), has past service credits under the borough retirement plan and has filed a written election to be a member of the borough retirement system with council and the wastewater authority prior to September 14, 2005. (2) An employee of a municipal authority created by a borough under 53 Pa.C.S. Ch. 56 that commenced operations after October 4, 2010, who satisfies the requirements of subsection (b), has past service credits under the borough retirement plan and files a written election with the council and the authority to be a member of the borough retirement system within one year of July 16, 2012. (b) Eligibility criteria.-- (1) In order to qualify for the option under subsection (a), the employee must satisfy both of the following requirements: (i) Immediately prior to the date of transfer of employment to the authority, be an employee of the borough that, either alone or together with one or more municipalities, established the authority. (ii) Be an active member of the borough's retirement system on the date that the employee's employment was transferred to the authority. (2) For an employee who files an election under subsection (a), the affected authority shall: (i) Deduct from the employee's salary an amount equal to the employee contribution that would have been deducted had the employee continued to be a borough employee and shall pay the deducted amount to the borough's retirement fund. (ii) Pay to the borough's retirement fund an employer contribution equal to the employer normal cost plus anticipated administrative expenses and amortization payments less general municipal pension system State aid expressed as a percentage of the system's total payroll as calculated by the borough under the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act, and applied to the payroll of the employee. (c) State aid calculation.--All employees who elect to be members of the borough retirement system under this section shall be treated as borough employees in determining the borough's annual allocation of general municipal pension system State aid under section 402(e) of the Municipal Pension Plan Funding Standard and Recovery Act, and the annual allocation of general municipal pension system State aid under section 402(e) of the Municipal Pension Plan Funding Standard and Recovery Act shall be payable to the borough.

8 Pa.C.S. § 1106 Bond and duties.

(a) General rule.--The borough treasurer shall, before entering upon the duties of office, give bond in an amount determined by council, conditioned for the faithful performance of the treasurer's duties. (b) Specific duties.--The treasurer shall: (1) Receive all money due the borough and deposit the money promptly in a designated depository in the name of the borough. (2) Keep distinct and accurate accounts of all sums received from taxes and other sources, which accounts shall be open to the inspection of council and any citizen of this Commonwealth. (3) (i) Pay out all money only on direction by the council, upon an order signed by the president of council and the borough secretary and also by the borough controller, if any. The order shall not be executed unless there is money in the treasury available. (ii) Nothing in this part shall be construed to preclude the use of electronic signatures and transactions to the extent authorized by the act of December 16, 1999 (P.L.971, No.69), known as the Electronic Transactions Act, or any other law. (4) Annually submit the accounts to the elected auditors, independent auditor or controller for settlement. (5) Preserve the account books, papers, documents and other records of the office and turn them over to the successor in office. (c) Payment of all other money.--All money received by any officer or other person for the use of the borough shall be paid to the borough treasurer.

8 Pa.C.S. § 1107 Assistant treasurer.

A council may, by resolution, appoint an assistant treasurer who may not be a member of the council. Council may appoint the assistant treasurer as the assistant secretary if the assistant treasurer is not a member of council. The assistant treasurer shall assist the treasurer in the performance of the treasurer's duties and, in case of absence or disability of the treasurer, shall perform the duties and may exercise the powers of the treasurer.

8 Pa.C.S. § 1111 Duties.

(a) Attendance at meetings and maintenance of minutes.--The secretary shall attend all meetings of the council and shall maintain full minutes of its proceedings. (b) Other duties.--The secretary shall: (1) Record or transcribe the bylaws, rules, regulations, resolutions and ordinances of the borough in accordance with section 1009 (relating to typewritten, printed, photocopied, microfilmed and electronically or digitally stored records valid and recording or transcribing records). (2) Preserve the records and documents of the borough, have custody of the corporate seal and deliver to the secretary's successor the seal and all books, papers and other records and things belonging to the borough. (3) Certify copies of any book, paper, record, bylaw, rule, regulation, resolution, ordinance or proceeding of the borough under the seal of the borough. The copies, if certified, shall be admissible in evidence in any court of this Commonwealth. (4) Attest the execution of all instruments, record all ordinances and attest the same by the secretary's signature and file of record proof of service of all notices required by law. The secretary's certificate shall be good evidence of notice. (5) Inform council and the public as required by 65 Pa.C.S. Ch. 7 (relating to open meetings) of all borough meetings, including special meetings of council. (c) Necessary documents.--The borough shall furnish the secretary with the necessary dockets, books, forms and files as are necessary for the conduct of the office, which documents shall be and remain the property of the borough.

8 Pa.C.S. § 1112 Assistant secretary.

A council may, by resolution, appoint an assistant secretary. The assistant secretary shall assist the secretary in the performance of the secretary's duties and, in case of absence or disability of the secretary, perform the duties and may exercise the powers of the secretary. The assistant secretary may be appointed from the membership of the council but shall not be any other officer of the council. Council may appoint the assistant secretary as the assistant treasurer if the assistant secretary is not a member of council.

8 Pa.C.S. § 1113 Records open to inspection.

The fiscal records and documents and the minute book and other records and documents of every borough shall be open in accordance with the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

8 Pa.C.S. § 1116 Solicitor to have control of legal matters.

The legal matters of the borough shall be under the control of the borough solicitor. No department or officer of the borough, except as otherwise provided by law, shall employ an additional counsel without the assent or ratification of the council. The borough solicitor must be licensed to practice law in this Commonwealth and may be one person or a law firm, partnership, association or professional corporation. The borough solicitor serves at the pleasure of council. In the absence of the solicitor, the law firm of which the solicitor is a member or associate may perform any of the duties or functions of the solicitor.

8 Pa.C.S. § 1117 Duties of solicitor and outside counsel.

(a) General rule.--The borough solicitor shall: (1) Prepare or approve, if directed or requested to do so by council or the mayor, any bonds, obligations, contracts, leases, conveyances, ordinances and assurances to which the borough or any department of the borough may be a party. (2) Commence and prosecute all actions brought by the borough for or on account of any of the estates, rights, trusts, privileges, claims or demands of the borough, as well as defend the borough or any borough officer against all actions or suits brought against the borough or borough officer in which any of the estates, rights, privileges, trusts, ordinances or accounts of the borough may be brought in question before any court in this Commonwealth. (3) Furnish the council or committees of the council, the mayor or the head of a department, upon request, with an opinion in writing upon any question of law which may be submitted by any of them in their official capacities. (4) Perform every other professional act incident to the office which the borough solicitor may be authorized or required to do by the council or the mayor. (b) Outside counsel.--In the case of a legal dispute between the mayor and council or in any other case in which representation of the mayor and council by the borough solicitor would create a conflict of interest for the borough solicitor, the mayor may employ outside counsel at borough expense, not to exceed $4,000 in any 12-month period, to perform necessary legal services.

8 Pa.C.S. § 1118 Assistant solicitor.

A council may, by resolution, appoint an assistant solicitor to assist the solicitor in the performance of the solicitor's duties and, in the absence or disability of the solicitor, to perform the duties and exercise the powers of the solicitor.

8 Pa.C.S. § 1121 Council's powers concerning police.

(a) Establishment of police department.--Council may, by ordinance, establish a police department. If council establishes a police department, the following shall apply: (1) Council may appoint police officers, subject to Subchapter J (relating to civil service for police and fire apparatus operators). (2) Council may remove, suspend or reduce in rank any police officer: (i) in accordance with the act of June 15, 1951 (P.L.586, No.144), entitled "An act regulating the suspension, removal, furloughing and reinstatement of police officers in boroughs and townships of the first class having police forces of less than three members, and in townships of the second class"; or (ii) subject to Subchapter J. (3) Council shall designate the ranks in the police department and the duties of each rank and may designate one of the police officers as chief of police. (4) Council may assign any member of the police department to attend training classes offered by the Federal or State Government and may pay the police officer's expenses while attending the school. (5) Council shall determine the total weekly hours of employment that shall apply to the police officers. (b) Powers of borough police officers.--A borough police officer shall have those powers and abilities as are granted to police officers under the laws of this Commonwealth, the rules of the Supreme Court or the ordinances of the borough for which a fine or penalty is imposed unless otherwise excepted in this part. (c) Ratification.--In any case in which a borough has previously appointed police officers or established a police department by action of council but not under an ordinance regularly enacted, the action shall be deemed to have been a valid exercise of the legislative power of the borough, and all police officers appointed shall occupy the same status and shall have the same rights and privileges as in the case of police officers appointed under authority of an ordinance. (d) Political participation.--No police officer may participate in any political or election campaign while on duty or in uniform or while using borough property otherwise than to exercise the officer's right of suffrage. Special Provisions in Appendix. See section 4(3)(ix) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.

8 Pa.C.S. § 1122 Police serving under cooperative agreement or contract.

(a) General rule.--If a borough enters into a cooperative agreement or contract with any municipal corporation, regional police force or other governmental entity created by two or more municipal corporations under 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation) for the furnishing or receiving of police protection as authorized by section 1202(24) (relating to specific powers), the police force of the municipal corporation, regional police force or other governmental entity furnishing the police protection shall be appointed and accepted as the police force of the borough receiving the police service by resolution of the council. (b) Employment status.--Police officers of the police force of a municipal corporation, regional police force or other governmental entity so appointed shall, insofar as civil service and pensions are concerned, be deemed to be appointees and employees only of the municipal corporation, regional police force or other governmental entity furnishing their service and making the original appointment. (Mar. 28, 2024, P.L.2, No.2, eff. 60 days) 2024 Amendment. Act 2 amended subsec. (a).

8 Pa.C.S. § 1123 Police badge.

Borough police officers shall wear a shield or badge with the word "Police" when on duty.

8 Pa.C.S. § 1123.1 Mayor's powers concerning police.

(a) General rule.--The mayor shall have full charge and control of the chief of police and the police force. (b) Direction.--The mayor shall direct the time during which, the place where and the manner in which the chief of police and the police force perform the duties of their rank. (c) Delegation of duties.--The mayor may delegate to the chief of police or other officer supervision over and instruction to subordinate officers in the manner of performing their duties. (d) Appointment of special police.--The mayor may appoint special police during an emergency in which the safety and welfare of the borough and the public is endangered. (e) Auxiliary police.--The mayor may activate auxiliary police in accordance with general law and, notwithstanding any other provision of law, may activate auxiliary police for purposes of crowd and traffic control for limited periods during events if, in the mayor's discretion, public safety is promoted by the activation of the auxiliary police.

8 Pa.C.S. § 1124 Suspension by mayor.

(a) General rule.--In addition to the powers of council to suspend police officers, the mayor may, for cause and without pay, suspend any police officers until the succeeding regular meeting of the council at which time or later the council may, subject to Subchapter J (relating to civil service for police and fire apparatus operators), if they are in effect at the time, suspend, discharge, reduce in rank or reinstate with pay the police officers. (b) Reinstatement.-- (1) A police officer suspended by the mayor may not be reinstated by council at a date earlier than ten working days from the date fixed by the mayor for the suspension to commence. (2) In any case in which the council has reinstated a police officer after having been suspended by the mayor, the mayor shall not suspend the police officer for reasons: (i) arising from the same act for which the first suspension was made; or (ii) that the council, in reinstating the police officer, determined not to be grounds for suspension.

8 Pa.C.S. § 1125 Compensation.

Borough police and special police appointed by the mayor shall receive compensation as fixed by the council.

8 Pa.C.S. § 1127 School crossing guards.

(a) Appointment.-- (1) Upon request by the board of school directors of the school district in which a borough is wholly or partially located, the council may appoint school crossing guards who shall have the duty of controlling and directing traffic and pedestrians at or near schools and who shall be in suitable and distinctive uniform. (2) While on duty, school crossing guards shall be under and subject to the direction of the mayor, shall serve at the pleasure of the council, except as noted in subsection (b), shall not be subject to Subchapter J (relating to civil service for police and fire apparatus operators) and shall not be entitled to participate in any borough pension plan or plans. (3) (i) The compensation of the school crossing guards, if any, shall be fixed by the council and shall be jointly paid by the council and the board of school directors, in a ratio to be determined by the council and board of school directors. (ii) If the council and board of school directors are unable to determine the ratio of compensation of the school crossing guards to be paid by the council and the board, each shall pay one-half of the compensation of the crossing guards. (4) Notwithstanding any other provision of law, auxiliary police officers, appointed as prescribed by general law, may be designated to serve as crossing guards. (b) Ordinance.-- (1) The council may enact an ordinance allowing a board of school directors to assume hiring and oversight of school crossing guards. Before the council may enact the ordinance, the board of directors of the school district must adopt a resolution requesting the authority to assume the hiring and oversight of school crossing guards. (2) The ordinance enacted by the council shall outline how the police department will provide any necessary training and assistance of the school crossing guards while on duty. (3) School crossing guards shall be authorized in the management of traffic and pedestrians in and around areas identified by the police department and the school district superintendent or the superintendent's designees. (4) School crossing guards shall not: (i) Be subject to the civil service provisions of this part. (ii) Be considered part of the bargaining unit of the school district. (iii) Be considered: (A) An employee as defined under section 1101-A of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949. (B) A school employee as defined under 24 Pa.C.S. § 8102 (relating to definitions). (C) An employee under any plan. (5) After the ordinance is enacted by the council, the school district shall assume the cost of compensation, including fixing compensation, if any, of the school crossing guards. (6) Notwithstanding any other provision of law, auxiliary police officers, appointed as prescribed by general law, may be hired by the school district to serve as school crossing guards. (7) The board of school directors shall notify the council of the individuals hired to serve as school crossing guards and request the necessary training or assistance be provided as outlined by the ordinance.

8 Pa.C.S. § 1131 Police pension fund.

(a) Authorization to establish.--If a police force of less than three full-time members is being maintained, the borough may, unless there is a private organization or association constituting and managing an existing pension fund for the members of the police force in the borough, by ordinance, establish a police pension fund into which each member of the police force shall pay an equal and proportionate monthly charge to be withheld from the pay of the member. (b) Investment and insurance instruments as alternative.--In lieu of establishing a pension fund in accordance with subsection (a), the borough may, by ordinance, provide investment or insurance instruments for the purpose of the payment of pensions or annuities to the members of the police force who receive honorable discharge by reason of age or disability and to the families of police officers injured or killed in service. (c) Administration.-- (1) All pension funds or investment or insurance instruments established under this section shall be under the direction of the council, or a committee as it may designate, and shall be applied under regulations as the council may, by ordinance, prescribe for the benefit of the members of the police force who receive honorable discharge by reason of age or disability and the families of police officers injured or killed in service. (2) Council shall appoint by resolution a chief administrative officer who shall have the primary responsibility for the execution of the administrative affairs of the pension plan, subject to the direction of council. (3) Any allowances made to individuals who retire by reason of disability or age shall be in conformity with a uniform scale. (d) Eligibility.--The ordinance establishing the police pension fund shall prescribe a minimum period of total service, a minimum age or both after which members of the force may be eligible for retirement from active duty. (e) Obligation of payments.--Payments made on account of police pensions shall not be a charge on any fund in the treasury of the borough or under its control except the police pension fund. (f) Funding.--A borough establishing a police pension fund by ordinance under this section shall provide from any available borough revenue source funding of the police pension fund in an amount sufficient to meet the minimum obligation of the borough with respect to the police pension fund under the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act. (g) Management.-- (1) A borough may take, by gift, grant, devise or bequest, any money or property, real, personal or mixed, in trust for the benefit of the police pension fund. (2) The care, management, investment and disposal of the trust funds or property shall be vested in the officers as the borough shall direct by ordinance and shall be governed by the officers, subject to any directions not inconsistent with the ordinance as the donors of the funds and property may prescribe. (h) Right to equal and proportionate share.--No person participating in the police pension fund and becoming entitled to receive a benefit from the fund may be deprived of the person's right to an equal and proportionate share of the fund upon the basis upon which the person first became entitled to the benefit. (i) Applicable law.--The act of May 29, 1956 (1955 P.L.1804, No.600), referred to as the Municipal Police Pension Law, or the act of February 1, 1974 (P.L.34, No.15), known as the Pennsylvania Municipal Retirement Law, shall govern any borough police pension fund not established under the provisions of this section.

8 Pa.C.S. § 1132 Private police pension funds and optional transfers.

(a) General rule.--If there is a private organization or association constituting and managing an existing pension fund for the members of the police force in any borough, the borough shall establish a police pension for the purpose of paying pensions to the members of its police force if the membership of the organization or association by a two-thirds vote elects to transfer its funds with all its assets and liabilities into a borough pension fund as required to be established by this part. (b) Assumption of liability.--The transfer in subsection (a) may be made by the transfer of securities. After the transfer, the borough police pension fund shall assume the liability of continuing the payment of pensions to members of the police force retired prior to the transfer, in accordance with the laws and regulations under which the members were retired.

8 Pa.C.S. § 1141 Borough manager created by ordinance and election.

(a) General rule.--The council of a borough may, at its discretion at any time, create by ordinance the office of borough manager and may, in like manner, abolish the office. While the office exists, the council shall, from time to time, and if there is a vacancy, elect, by a vote of a majority of all the members, one individual, partnership, limited partnership, association or professional corporation as the borough manager. (b) Subject to agreement.--The borough manager shall serve at the pleasure of council, subject to contractual rights that may arise under an employment agreement or professional services agreement that may be entered in accordance with section 1142 (relating to powers and duties). (Oct. 16, 2024, P.L.1018, No.110, eff. 60 days)

8 Pa.C.S. § 1142 Powers and duties.

(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). (Oct. 16, 2024, P.L.1018, No.110, eff. 60 days) Cross References. Section 1142 is referred to in section 1141 of this title.

8 Pa.C.S. § 1143 Other offices not incompatible.

(a) General rule.--The offices of borough manager, street commissioner, secretary, treasurer and chief of police shall not be incompatible, and any two or more or all of the offices may be held by one person. Neither the mayor nor any member of the council shall be eligible to hold the office of borough manager. (b) Applicability.--In the case of a partnership, limited partnership, association or professional corporation appointed as the borough manager, the restriction under subsection (a) shall apply to each officer and employee who directly provides services as required or authorized by the agreement. (Oct. 16, 2024, P.L.1018, No.110, eff. 60 days)

8 Pa.C.S. § 1170 Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Fire apparatus operator." A person who operates fire apparatus and devotes his normal working hours to operating any piece of fire apparatus or other services connected with fire protection work and who is paid a stated salary or compensation for the work by the borough. "Police force." A police force organized and operating as prescribed by law, the members of which devote their normal working hours to police duty or duty in connection with the bureau, agencies and services connected with police protection work and who are paid a stated salary or compensation for the work by the borough. As used in this subchapter, the term shall not include any of the following: (1) Special police appointed by the mayor to act in emergencies. (2) A person appointed solely for parking meter enforcement duties. (3) Special school police. (4) Extra police serving from time to time or on an hourly or daily basis. (5) An auxiliary policeman appointed under the act of January 14, 1952 (1951 P.L.2016, No.561), entitled "An act providing for supplementing the police forces of cities, boroughs, towns and townships, for the appointment, powers and control of auxiliary police therein, and for the transfer during disasters and emergencies of such auxiliary police, members of the regular police forces, and police equipment thereof."

8 Pa.C.S. § 1171 Appointments of police and fire apparatus operators.

(a) Nonapplicability of subchapter.--This subchapter shall not apply to: (1) a borough that has a police force of less than three members; (2) a borough that has a police force of three or more members if those members in excess of two are appointed on a temporary basis through a federally funded program; (3) a volunteer fire department or company that employs its own operators; or (4) a borough that has less than three salaried fire apparatus operators. (b) Compensation.--This subchapter is subject to the power of council to determine compensation. (c) Appointments and promotions.--An appointment to and promotion in the police force or as fire apparatus operator paid directly by a borough and in the borough shall be made only according to qualifications and fitness, to be ascertained by examinations which shall be competitive as provided in this part. (d) Suspension, removal and reduction in rank.--No person shall be suspended, removed or reduced in rank as a paid employee in any police force or as a paid fire apparatus operator of a borough, except in accordance with this subchapter. (e) Retirement.--Nothing in this subchapter shall apply to retirement, nor shall anything in this subchapter be construed to prevent a borough from adopting a compulsory retirement age for its employees or for any class of employees and from retiring all employees automatically when they reach that age.

8 Pa.C.S. § 1172 Civil service commission.

(a) Establishment.--A civil service commission is established in each borough where a police force or paid fire apparatus operators are maintained. (b) Membership and terms.--The commission shall consist of three commissioners who shall be qualified electors of the borough and appointed by the council initially to serve for the terms of two, four and six years. As terms expire, the commissioners shall be appointed for terms of six years. (c) Vacancies.--A vacancy occurring in the commission for any reason shall be filled by the council for the unexpired term within the period of 30 days after the vacancy occurs. (d) Alternate members.-- (1) Council may appoint no more than three qualified electors of the borough to serve as alternate members of the commission. The term of office of the alternate members shall be six years. (2) If seated under section 1174 (relating to organization of commission), an alternate shall be entitled to participate in all proceedings and discussions of the commission to the same and full extent as provided by law for commission members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties specified in this part and as otherwise provided by law. (3) An alternate member may not hold another office in the borough. (4) An alternate may participate in any proceeding or discussion of the commission but may not vote as a member of the commission unless designated as a voting alternate member under section 1174. (e) Oath or affirmation of office.--Each member of the commission, before entering upon the discharge of the duties of office, shall take an oath or affirmation of office under 53 Pa.C.S. § 1141 (relating to form of oaths of office). (f) Compensation prohibited.--The civil service commissioners shall receive no compensation.

8 Pa.C.S. § 1173 Offices incompatible with civil service commissioner.

No commissioner shall at the same time hold an elective or appointed office under the Federal Government, this Commonwealth or any political subdivision of the Commonwealth, except that one member of the commission may be a member of the council and one may be a member of the teaching profession.

8 Pa.C.S. § 1174 Organization of commission.

(a) General rule.--The commission first appointed shall organize within ten days of its appointment and shall elect one of its members as the chair and one as the secretary. Thereafter, the commission shall meet and organize within 30 days of the first Monday of each even-numbered year. Each commissioner shall be notified in writing of each and every meeting. (b) Quorum.--Three members of the commission shall constitute a quorum. If, by reason of absence or disqualification of a member, a quorum is not reached, the chair shall designate as many alternate members of the commission to sit on the commission as may be needed to provide a quorum. (c) Alternate members.-- (1) An alternate member of the commission shall continue to serve on the commission in all proceedings involving the matter or case for which the alternate was initially designated until the commission has made a final determination of the matter or case. (2) Designation of an alternate member under this section shall be made on a case-by-case basis in rotation according to declining seniority among the alternates. (d) Validity of commission action.--No action of the commission may be valid unless it shall have the concurrence of at least two members. (Oct. 16, 2024, P.L.1018, No.110, eff. 60 days) 2024 Amendment. Act 110 amended subsec. (a). Cross References. Section 1174 is referred to in section 1172 of this title.

8 Pa.C.S. § 1175 Clerks, supplies and solicitor.

The borough shall: (1) Furnish to the commission, on its requisition, clerical assistance that may be necessary for the work of the commission. (2) Provide a suitable and convenient room for the use of the commission. The commission shall order from the borough the necessary stationery, postage, printing and supplies. (3) Provide the services of a solicitor for the commission to be appointed by the commission and paid by the borough. The borough may place a reasonable limit on the amount allowed each year for the services of the commission solicitor. (4) Through its elected and appointed officials, aid the commission in all proper ways in carrying out the provisions of this subchapter relating to civil service.

8 Pa.C.S. § 1176 Rules and regulations.

(a) General rule.--The commission may prescribe, amend and enforce rules and regulations for carrying into effect this subchapter and shall be governed by the rules and regulations. Before the effective date of the rules and regulations or amendments to them, they shall be first approved by council. If the rules and regulations or amendments have been approved, they shall not be annulled, amended or added to without the approval of council. (b) Public distribution and inspection.--All rules and regulations and modifications shall be made available by the borough for public distribution or inspection. Cross References. Section 1176 is referred to in section 1181 of this title.

8 Pa.C.S. § 1177 Minutes and records.

The commission shall maintain minutes of its proceedings and records of examinations and other official actions. All recommendations of applicants for appointment received by the commission shall be kept and preserved for a period of five years, and all records and all written causes of removal filed with the commission, except as otherwise provided in section 1191 (relating to hearings on dismissals and reductions), shall be open to public inspection and subject to reasonable regulation.

8 Pa.C.S. § 1178 Investigations.

The commission may conduct investigations concerning all matters touching the administration and enforcement of this subchapter and rules and regulations adopted under this subchapter. The chair of the commission may administer oaths and affirmations in connection with the investigations.

8 Pa.C.S. § 1179 Subpoenas.

(a) General rule.--The commission may issue subpoenas over the signature of the chair to require the attendance of witnesses and the production of records and papers pertaining to any investigation or inquiry. The fees of witnesses for attendance and travel shall be the same as for witnesses appearing in the courts and shall be paid from appropriations for the incidental expenses of the commission. (b) Persons required to attend.--All officers in public service and employees shall attend and testify if required to do so by the commission. (c) Penalty for violation.--If any person refuses or neglects to obey a subpoena issued by the commission, the person shall, upon conviction, be sentenced to pay a fine not to exceed $100 and, in default of the payment of the fine and costs, shall be imprisoned for a term not to exceed 30 days. (d) Petition to court.--If a person refuses or neglects to obey a subpoena issued by the commission, the commission may apply by petition to the court of common pleas of the county for its subpoena requiring the attendance of the person before the commission or the court to testify and to produce any records and papers necessary, and, if the person defaults, the person shall be held in contempt of court.

8 Pa.C.S. § 1180 Annual report.

The commission shall make an annual report to the council containing a brief summary of its work during the year which shall be available for public inspection.

8 Pa.C.S. § 1181 General provisions relating to examinations.

(a) Rules and regulations.-- (1) The commission shall make rules and regulations, to be approved as provided in section 1176 (relating to rules and regulations), providing for the examination of applicants for positions in the police force and as paid fire apparatus operators and for promotions, which rules and regulations shall prescribe the minimum qualifications of all applicants to be examined and the passing grades. (2) All examinations for positions or promotions shall be practical in character and shall relate to matters and include inquiries as will fairly test the merit and fitness of the persons examined to discharge the duties of the employment sought by them. (3) All examinations shall be open to all applicants who have the minimum qualifications required by the rules and regulations. (4) Each applicant for an original position shall: (i) Be subject to the regulations adopted by the commission. (ii) Either before or after the written examination, submit to a physical fitness or agility examination that is job related and consistent with business necessity. (iii) If made a conditional offer of employment, be given a physical and psychological medical examination as provided in section 1189 (relating to physical and psychological medical examination). (iv) Be subject to a background investigation. Background investigations may be restricted to those candidates on an eligibility list or those to be certified to council for appointment in accordance with section 1184 (relating to eligibility list and manner of filling appointments). (a.1) Promotions.-- (1) An applicant for promotion shall be subject to the regulations adopted by the commission and to examination and selection in accordance with section 1188 (relating to promotions). (2) A physical fitness or agility examination that is job related and consistent with business necessity and physical and psychological medical examinations may, but need not, be required for a promotion. (b) Public notice.--Public notice of the time and place of every examination, together with the information as to the kind of position to be filled, shall be given by publication once in a newspaper of general circulation, at least two weeks prior to each examination, and a copy of the notice shall be prominently posted in the office of the commission or other public place. (c) Posting of eligibility list.--The commission shall post in its office the eligibility list containing the names and grades of those who have passed the examination.

8 Pa.C.S. § 1182 Application for examination.

A person who desires to apply for examination must file with the commission a formal application in which the applicant shall provide, under oath or affirmation, the following information: (1) Full name and residence or post office address. (2) Citizenship and place and date of birth. (3) Condition of health and physical capacity for public service. (4) Business or employment and the applicant's residence for the past five years. (5) Other information as may be required by the commission's rules and regulations, showing the applicant's qualifications for the position for which the applicant is being examined.

8 Pa.C.S. § 1183 Rejection of applicant and hearing.

(a) General rule.--The commission may refuse to examine or, if examined, may refuse to certify after examination as eligible any applicant who: (1) is found to lack any of the minimum qualifications for examination prescribed in the rules and regulations adopted for the position or employment for which the applicant has applied; (2) is physically unfit for the performance of the duties of the position to which the applicant seeks employment; (3) is illegally using a controlled substance, as defined in section 102 of the Controlled Substances Act (Public Law 91-513, 21 U.S.C. § 802); (4) has been guilty of any crime involving moral turpitude or of infamous or notoriously disgraceful conduct; (5) has been dismissed from public service for delinquency or misconduct of office; or (6) is affiliated with any group whose policies or activities are subversive to the form of government enumerated in the Constitutions and laws of the United States and this Commonwealth. (b) Hearing requirements.-- (1) If an applicant is aggrieved by the refusal of the commission to certify the applicant as eligible after examination or a person is aggrieved by refusal of the commission to examine the person, the commission shall, at the request of the applicant or person aggrieved, within ten days, appoint a time and place for a public hearing. (2) At the hearing, the applicant or person aggrieved may appear with or without counsel, and the commission shall take testimony and review its refusal to provide examination or certification. (3) The deliberations of the commission, including interim rulings on evidentiary or procedural issues, may be held in the nature of a closed executive session. (4) The commission's disposition of the matter shall constitute official action which shall occur at a public meeting held under 65 Pa.C.S. Ch. 7 (relating to open meetings). (5) The decision of the commission shall be final. Cross References. Section 1183 is referred to in sections 1184, 1186, 1188 of this title.

8 Pa.C.S. § 1184 Eligibility list and manner of filling appointments.

(a) Ranking of candidates.-- (1) At the completion of the testing process, including a physical agility or other examination, with the exception of a background investigation to be conducted after the establishment of an eligibility list and physical and psychological medical examination under section 1189 (relating to physical and psychological medical examination), the commission shall rank the candidates who have satisfied the minimum requirements for appointment on an eligibility list. (2) The eligibility list shall contain the names of individuals eligible for appointment listed from highest to lowest based on their scores on the examinations administered by the commission and any points for which an applicant was entitled by virtue of 51 Pa.C.S. Ch. 71 (relating to veterans' preference). (3) The eligibility list will be valid for one year from the date the commission formally adopts the eligibility list. (4) Prior to expiration of the one-year period, the commission may extend the validity of the eligibility list for up to an additional 12 months by a majority vote of the commission at a duly authorized commission meeting. (5) In the absence of a lawful extension by the commission under paragraph (4), the list shall expire. (b) Procedure for filling positions.--Except as provided in subsection (c), every original position or employment in the police force or as paid fire apparatus operators, except that of chief of police or chief of the fire department, or equivalent, shall be filled only in the following manner: (1) The council shall notify the commission of any vacancy which is to be filled and shall request the certification of an eligibility list. (2) The commission shall certify for each existing vacancy from the eligibility list the names of the three persons or a lesser number, if three are not available, who have received the highest average. (3) The council shall make a conditional appointment from the three names certified, based solely on the merits and fitness of the candidates, unless council makes objections to the commission regarding one or more of the certified persons for any of the reasons stated in section 1183 (relating to rejection of applicant and hearing). (4) If the objections are sustained by the commission as provided in section 1183 or the conditional appointee is determined to be unqualified in accordance with the procedures specified in section 1189, the commission shall strike the name of the person from the eligibility list and certify the next highest name for each name stricken from the eligibility list. (5) As each subsequent vacancy occurs in the same or another position, the same procedure shall be followed. (c) Vacancies in existing positions.-- (1) Any vacancy in an existing position in the police force or as a paid fire apparatus operator which occurs as a result of retirement, resignation, disability or death may be filled by council by the reappointment or reinstatement of a former employee of the police force or fire department who had previously complied with this section. (2) No examination, other than a physical examination as directed by the civil service commission, shall be required in any case of reappointment or reinstatement. (d) Vacancies in certain offices.-- (1) In the case of a vacancy in the office of chief of police or chief of the fire department, or equivalent official, the council may nominate a person to the commission. (2) The commission shall subject the nominated person to a noncompetitive examination, and, if the person is certified by the commission as qualified, the person may then be appointed to the position and shall be subject to this subchapter. Cross References. Section 1184 is referred to in section 1181 of this title.

8 Pa.C.S. § 1185 Age and residency of applicants.

No person shall be eligible to apply for examination unless the person is at least 18 years of age at the date of application. An applicant need not be a resident of the borough. The council of the borough may authorize the commission, by rule or regulation, to require police officers and paid fire apparatus operators to become residents of the borough after appointment to the positions.

8 Pa.C.S. § 1186 Probationary period.

(a) General rule.--An original appointment to a position in the police force or as a paid fire apparatus operator shall be for a probationary period of not less than six months and not more than one year, but during the probationary period an appointee may be dismissed only for a cause specified in section 1183 (relating to rejection of applicant and hearing) or because of incapacity for duty due to the use of alcohol or drugs. (b) Notice denying permanent appointment.-- (1) If, at the close of a probationary period, the conduct or fitness of the probationer has not been satisfactory to the council, the probationer shall be notified in writing that the probationer will not receive a permanent appointment and the appointment shall cease. (2) If the probationer is not notified or dismissed in accordance with this section, the probationer's retention shall be equivalent to a permanent appointment. (c) Finality of decision.--The decision of a borough to suspend or discharge a probationer shall be final and shall not be subject to the hearing provisions of section 1191 (relating to hearings on dismissals and reductions).

8 Pa.C.S. § 1187 Provisional appointments.

(a) General rule.--If there are urgent reasons for the filling of a vacancy in a position in the police force and there are no names on the eligibility list for the appointment, the council may nominate a person to the commission for noncompetitive examination, and, if the nominee shall be certified by the commission as qualified after noncompetitive examination, the nominee may be appointed provisionally to fill the vacancy. (b) Competitive examination required.-- (1) Within three weeks of the provisional appointment, the commission shall hold a competitive examination and certify an eligibility list. A regular appointment shall then be made from the name or names submitted by the commission. (2) Nothing in this section shall be construed to prevent the appointment, without examination, of persons temporarily as police officers in cases of riot or other emergencies or as fire apparatus operators in emergency cases.

8 Pa.C.S. § 1188 Promotions.

(a) General rule.--A promotion shall be based on merit to be ascertained by an examination to be prescribed by the commission. All questions relative to a promotion shall be practical in character and fairly test the merit and fitness of persons seeking promotion. (b) Notification of vacancy.--Council shall notify the commission of a vacancy in the police force or as a paid fire apparatus operator in the borough which is to be filled by promotion and shall request the certification of an eligibility list. (c) Certification required.-- (1) The commission shall certify for each vacancy the names of three persons on the eligibility list who have received the highest average in the last preceding promotional examination held within a period of two years preceding the date of the request for the eligibility list. (2) If three names are not available, the commission shall certify the names remaining on the eligibility list. (3) The council shall make an appointment from the names certified, based solely on the merits and fitness of the candidate, unless council makes objections to the commission regarding one or more of the persons so certified for any reason provided under section 1183 (relating to rejection of applicant and hearing). (d) Increase in salary as promotion.--The council may determine in each instance whether an increase in salary constitutes a promotion. Cross References. Section 1188 is referred to in section 1181 of this title.

8 Pa.C.S. § 1189 Physical and psychological medical examination.

(a) Conditional offer of employment.-- (1) An applicant selected from the eligibility list shall receive a conditional offer of employment. The offer of employment shall be conditioned upon the conditional appointee undergoing a physical and psychological medical examination and a determination that the conditional appointee is capable of performing all the essential functions of the position. (2) Physical medical examinations shall be conducted under the direction of a physician or other qualified medical professional. (3) Psychological medical examinations shall be conducted under the direction of a psychiatrist or psychologist. (b) Opinion to be rendered.--The physician, other qualified medical professional, psychiatrist or psychologist must be appointed by council and shall render an opinion as to whether the conditional appointee has a physical or mental condition which calls into question the person's ability to perform all of the essential functions of the position for which the person was conditionally appointed. (c) Interactive discussion with conditional appointee.--If the opinion rendered by the physician, other qualified medical professional, psychiatrist or psychologist calls into question the conditional appointee's ability to perform all essential functions of a position, the person designated by council shall meet with the conditional appointee for the purpose of having one or more interactive discussions on whether the conditional appointee can, with or without reasonable accommodation, perform all the essential functions of the position. (d) Written notice after interactive discussion.--If, at the conclusion of the interactive discussion conducted under subsection (c), council determines that the conditional appointee is not qualified, council shall give written notice to the conditional appointee and the commission. (e) Construction.--Nothing in this part shall be construed to authorize physical or psychological medical examinations prior to conditional appointment. (f) Definitions.--The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Medical examination." An examination, procedure, inquiry or test designed to obtain information about medical history or a physical or mental condition which might disqualify an applicant for a position if it would prevent the applicant from performing, with or without a reasonable accommodation, all of the essential functions of the position. "Physician." The term shall have the meaning given to it under 1 Pa.C.S. § 1991 (relating to definitions). "Qualified medical professional." An individual, in collaboration with or under the supervision or direction of a physician, as may be required by law, who is licensed: (1) as a physician assistant under the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, or the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act; or (2) as a certified registered nurse practitioner under the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law. Cross References. Section 1189 is referred to in sections 1181, 1184 of this title.

8 Pa.C.S. § 1190 Removals.

(a) General rule.--No person employed in any police or fire force of any borough may be suspended without pay, removed or reduced in rank except for the following reasons: (1) Physical or mental disability affecting the person's ability to continue in service, in which case the person shall receive an honorable discharge from service. (2) Neglect or violation of any official duty. (3) Violation of any law if the violation constitutes a misdemeanor or felony. (4) Inefficiency, neglect, intemperance, immorality, disobedience of orders or conduct unbecoming of an officer. (5) Intoxication while on duty. (6) Engaging or participating in the conduct of a political or election campaign while on duty or in uniform or while using borough property otherwise than to exercise the person's own right of suffrage. (7) Engaging or participating in the conduct of a political or election campaign for an incompatible office as provided in section 1104(f) (relating to appointments and incompatible offices). (b) Restriction.--A person employed by a police or fire force shall not be removed for religious, racial or political reasons. (c) Statement of charges.--A written statement of charges made against a person shall be furnished to the person within five days after the statement of charges is filed. The person shall have ten days from the date of receiving the notice to submit a written request for a hearing to the civil service commission under section 1191 (relating to hearings on dismissals and reductions). (d) Furlough.--If, for reasons of economy or other reasons, it shall be deemed necessary by any borough to reduce the number of paid employees of the police or fire force, the borough shall furlough the person, including a probationer, last appointed to the respective force. The removal shall be accomplished by furloughing in numerical order commencing with the person last appointed until the reduction shall have been accomplished. In the event the police or fire force shall again be increased, the employees furloughed shall be reinstated in the order of their seniority in the service. This subsection as to reductions in force is not applicable to a chief of police.

8 Pa.C.S. § 1191 Hearings on dismissals and reductions.

(a) Time of answer and hearing.--A person suspended, removed or reduced in rank may make written answers to any charges filed against the person not later than the day scheduled for the hearing. The commission shall grant the person a hearing that shall be held within a period of ten days from the filing of written charges, unless continued by the commission for cause at the request of the council or the accused. The failure of the commission to hold a hearing within ten days from the filing of the written charges shall not result in the dismissal of the charges filed. (b) Conduct of hearing.--At any hearing, the person against whom the charges are made may be present in person and by counsel. The council may suspend the person, without pay, pending the determination of the charges against the person, but, in the event the commission fails to uphold the charges, the person sought to be suspended, removed or reduced in rank shall be reinstated with full pay for the period during which the person was suspended, removed or reduced in rank, and no charges shall be officially recorded against the person's record. A stenographic record of all testimony taken at the hearings shall be filed with and preserved by the commission, which record shall be sealed and not be available for public inspection in the event the charges are dismissed. (c) Appeal.--All parties shall have an immediate right of appeal to the court of common pleas of the county, and the case shall there be determined as the court deems proper. No order of suspension made by the commission may be for a longer period than one year. The appeal shall be taken within 30 days from the date of entry by the commission of its final order and shall be by petition. Upon the appeal being taken and docketed, the court of common pleas shall schedule a day for a hearing and shall proceed to hear the appeal on the original record and additional proof or testimony as the parties concerned may desire to offer in evidence. The decision of the court affirming or revising the decision of the commission shall be final, and the employee shall be suspended, discharged, reduced in rank or reinstated in accordance with the order of court. (d) Proceedings.--The council and the person sought to be suspended, removed or reduced in rank shall at all times have the right to employ counsel before the commission and upon appeal to the court of common pleas. Unless the council or the person sought to be suspended, removed or reduced in rank requests that the proceedings before the commission be open to the public, the proceedings before the commission under this section shall be held in the nature of a closed executive session that shall not be open to the public. The request shall be presented to the commission before the civil service hearing commences. The deliberations of the commission, including interim rulings on evidentiary or procedural issues, may be held in private and shall not be subject to a request for being open to the public, the council or the person sought to be suspended, removed or reduced in rank. The commission's disposition of the disciplinary action shall constitute official action which shall occur at a public meeting held pursuant to 65 Pa.C.S. Ch. 7 (relating to open meetings). Cross References. Section 1191 is referred to in sections 1177, 1186, 1190 of this title.

8 Pa.C.S. § 1192 Employees exempted.

All appointments in the police or fire forces of boroughs, including the chief of police or equivalent official, prior to the creation of a commission, shall continue to hold their positions and shall not be required to take any examination under the provisions of this subchapter, except that which may be required for promotion. This section shall not be construed to apply to persons employed temporarily in emergency cases.

8 Pa.C.S. § 1193 Discrimination on account of political or religious affiliations.

(a) Information.--No question in any form of application for examination or in any examination shall be so framed as to elicit information concerning the political or religious opinions or affiliations of any applicant nor shall inquiry be made concerning the opinions or affiliations, and all disclosures of opinions or affiliations shall be ignored. (b) Prohibition.--No discrimination shall be exercised, threatened or promised by any person against or in favor of any applicant or employee because of political or religious opinions or affiliations or race, and no offer or promise or reward, favor or benefit, directly or indirectly, shall be made to or received by any person for any act done or duty omitted or to be done under this subchapter.

8 Pa.C.S. § 1194 Penalty.

A member of council who, by vote, appoints any person to the police force or as a fire apparatus operator contrary to the provisions of this subchapter, or a member of council or member of the commission who willfully refuses to comply with or conform to the provisions of this subchapter, commits a misdemeanor and, upon conviction, shall be sentenced to pay a fine not exceeding $100 or to imprisonment not exceeding 90 days, or both.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=08Fetched: 10/16/2026