Pennsylvania Act 2002-9 — SECOND CLASS TOWNSHIP CODE, THE - AMEND STATE ASSOCIATION OF TOWNSHIP SUPERVISORS AND COUNTY ASSOCIATIONS

Act text

Session of 2002

No. 2002-9

SB 767

AN ACT

Amending the act of May 1, 1933 (P.L.103, No.69), entitled, as reenacted and amended, "An act concerning townships of the second class; and amending, revising, consolidating and changing the law relating thereto," further providing for county associations and for the State Association of Township Supervisors.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Sections 1401 and 1402 of the act of May 1, 1933 (P.L.103, No.69), known as The Second Class Township Code, reenacted and amended November 9, 1995 (P.L.350, No.60), are amended to read:

Section 1401. County Associations.--(a) County associations of township officials may be formed. County associations shall hold annual or semi-annual conventions at places determined by the association to consider and discuss questions and subjects pertaining to improvement of township government, assessment of property, collection of taxes and construction, improvement and maintenance of roads. Associations of two or more adjacent counties may arrange to meet in joint sessions.

(b) The supervisors, auditors, assessors, tax collectors, managers, solicitors, engineers, treasurer and secretary of the board of supervisors shall attend the conventions when possible.

(c) (1) Each supervisor, auditor, assessor, tax collector, manager, solicitor, engineer, treasurer and secretary attending the convention shall receive a certificate, signed by the secretary of the county association, attesting their presence at the convention. The certificate entitles the official to collect from the township treasurer the sum of thirty-five dollars ($35) for each day's attendance, expenses which are limited to the registration fee, mileage for use of a personal vehicle or reimbursement of actual transportation expense going to and returning from the meeting plus all other actual expenses that the board of supervisors agrees to pay. Every delegate attending the meeting shall submit to the board of supervisors an itemized account of expenses incurred at the meeting.

(2) If the meeting is held during township employes' normal work schedule, the board of supervisors may authorize township employes to be compensated at their regular employe rate during their attendance at the meeting, in which case the employe is not entitled to the thirty-five dollars ($35) mentioned in this section.

(3) The board of supervisors may authorize a supervisor who is not employed by the township to receive total or partial reimbursement for lost wages or salary while attending the annual meeting, in which case the supervisor is not entitled to the thirty-five dollars ($35) mentioned in this section, provided that sufficient documentation of such wages or salary is presented to the board of supervisors to justify the reimbursement.

(4) No supervisor, auditor, assessor, tax collector, manager, solicitor, engineer, treasurer or secretary shall be paid for more than two days' attendance in any one year.

(d) The officers of the association shall consist of a president, one or two vice-presidents, a secretary and a treasurer, all of whom, except the secretary, shall be members of the association and shall hold office for one year or until their successors are chosen. The secretary of the association may be compensated for services an amount determined by the members of the association. Every supervisor, assessor, tax collector, manager, secretary, treasurer and auditor attending the convention may vote on policy matters and in the election of officers of the association.

(e) Expenses of each county association convention shall be paid from dues assessed by the association on each member township or from other funds as the members of the county association determine.

(f) Each county association of township officials may elect one township supervisor, township manager, township treasurer or township secretary for each ten townships, or fraction thereof, within the county, as a voting delegate to each annual meeting of the State association, but each county association is entitled to a minimum of two delegates at each meeting. These delegates' expenses may be paid by the respective county association.

Section 1402. State Association of Township Supervisors Authorized.--(a) The formation of a State Association of Township Supervisors is authorized.

(b) The State association shall hold annual meetings, at a time and place within this Commonwealth as it may designate, to discuss questions and subjects pertaining to the duties of elected and appointed township officials and the improvement of township government.

(c) The State association, at its annual meeting, by majority vote of all qualified voting delegates present, may adopt and amend bylaws to govern the State association. The bylaws shall govern the qualification of delegates, election of officers, their designation, qualifications and duties, payment of dues and other organizational matters. The State association shall function under the bylaws to advance the interest of township government.

(d) The board of supervisors may designate one or more of the following elected or appointed officials of the township to attend the annual meeting of the State association: supervisors, secretary, treasurer and manager. The convention shall be held in this Commonwealth under the procedures adopted by the State association.

(e) Each township with dues paid in the State association shall elect one of those delegates designated in subsection (d) to be the voting delegate at the convention.

(f) Each township shall certify the name and address of its delegate or delegates and the designated voting delegate to the State association at least thirty days before the opening of the State convention.

(g) (1) The expenses allowed to the delegates attending the annual meeting are limited to the registration fee, mileage for use of a personal vehicle or reimbursement of actual transportation expense going to and returning from the meeting plus all other actual expenses that the board of supervisors agrees to pay. Every delegate attending the annual meeting shall submit to the board of supervisors an itemized account of expenses incurred at the meeting.

(2) The board of supervisors may authorize township employes to be compensated at their regular employe rate during their attendance at the annual meeting.

(3) The board of supervisors may authorize a supervisor who is not employed by the township to receive total or partial reimbursement for lost wages or salary while attending the annual meeting, provided that sufficient documentation is presented to the board of supervisors to justify the reimbursement.

(4) No delegate shall receive expenses for attending more than four days each year.

(h) Membership dues of the State association are legal expenses of the townships and shall be used for the payment of expenses incurred, including, but not limited to, the rental or acquisition of real estate to be used for State association purposes and activities, cost of publications, salaries, cost of services provided to or for townships and other expenses incurred on behalf of the State association.

(i) The State association may purchase, receive, lease as lessee, accept by gift or devise or otherwise acquire and own, use and otherwise deal with any real estate in its own name for association purposes and mortgage, sell and convey, lease as lessor and otherwise dispose of all or part of the real estate.

Section 2. This act shall take effect in 60 days.

APPROVED--The 21st day of February, A. D. 2002.

MARK S. SCHWEIKER