HB 1185 — An Act amending the act of May 1, 1933 (P.L.103, No.69), known as The Second Class Township Code, in auditors and accountants, further providing for surcharge by auditors; and, in township manager, further providing for township manager, appointment, removal, powers and duties, compensation and bond.

PRINTER'S NO.   1334

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1185
                                               Session of
                                                 2025

     INTRODUCED BY JAMES, FREEMAN, SAPPEY, SMITH-WADE-EL AND
        B. MILLER, APRIL 9, 2025

     REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 9, 2025


                                    AN ACT
 1   Amending the act of May 1, 1933 (P.L.103, No.69), entitled "An
 2      act concerning townships of the second class; and amending,
 3      revising, consolidating and changing the law relating
 4      thereto," in auditors and accountants, further providing for
 5      surcharge by auditors; and, in township manager, further
 6      providing for township manager, appointment, removal, powers
 7      and duties, compensation and bond.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    Section 907 of the act of May 1, 1933 (P.L.103,
11   No.69), known as The Second Class Township Code, is amended by
12   adding a subsection to read:
13      Section 907.    Surcharge by Auditors.--* * *
14      (c)   An elected or appointed officer of a township may not be
15   surcharged if the officer acted in good faith reliance on a
16   written, nonconfidential opinion of the solicitor of the
17   township or an opinion of the township solicitor publicly stated
18   at an open meeting of the township and recorded in the official
19   minutes of the meeting. This subsection shall not apply if the
20   solicitor's opinion has been rendered under duress or if the
 1   parties seeking and rendering the solicitor's opinion have
 2   colluded to purposefully commit a violation of law. As used in
 3   this subsection, the term "solicitor" shall include a special
 4   counsel appointed by the township for a specific matter.
 5      Section 2.   Section 1301 of the act is amended to read:
 6      Section 1301.    Township Manager; Appointment, Removal, Powers
 7   and Duties; Compensation; Bond.--(a)   The board of supervisors
 8   may by ordinance at any time create the office of township
 9   manager and may in like manner abolish the office. While the
10   office exists, the board of supervisors shall appoint one
11   [person] individual, partnership, limited partnership,
12   association or professional corporation as the township manager
13   to fill the office. The township manager shall serve at the
14   pleasure of the board of supervisors, subject to contractual
15   rights that may arise under an employment or professional
16   services agreement that may be entered into in accordance with
17   subsection (a.1).
18      (a.1)   The board of supervisors may enter into an employment
19   or professional services agreement with the township manager.
20   The employment or professional services agreement may set forth
21   the terms and conditions of employment, and the agreement may
22   provide that it shall remain in effect for a specified period
23   terminating no later than two years after the effective date of
24   the agreement or the date of the board of supervisors'
25   organizational meeting following the next municipal election,
26   whichever shall first occur. An employment or professional
27   services agreement entered into pursuant to this subsection may
28   specify conditions under which a township manager would be
29   entitled to severance compensation[, but in] if the township
30   manager is an individual, or payments for the termination of

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 1   appointment if the township manager is a partnership, limited
 2   partnership, an association or professional corporation. In no
 3   event shall an employment or professional services agreement
 4   guarantee retention or employment through the term of the
 5   agreement or confer upon the township manager any legal remedy
 6   based on specific performance.
 7      (b)   The powers and duties of the township manager shall be
 8   established by ordinance. The compensation shall be set by
 9   resolution and paid out of the general fund of the township. The
10   board of supervisors may delegate, subject to recall, any of
11   their nonlegislative powers and duties to the township manager.
12   The township manager shall give bond to the township, with
13   sufficient surety, in the amount directed by the board of
14   supervisors, conditioned for the faithful performance of the
15   duties of the office.
16      (b.1)   The township manager, if an individual, and, for a
17   partnership, limited partnership, association or professional
18   corporation appointed as the township manager, each officer and
19   employe directly providing services as required or authorized by
20   an agreement shall be considered a public official for purposes
21   of the provisions of 65 Pa.C.S. § 1103 (relating to restricted
22   activities).
23      (c)   The office of township manager is not incompatible with
24   the office of township secretary, township treasurer or any
25   other township office or employment, except that of supervisor,
26   auditor or township police officer. In the case of a
27   partnership, limited partnership, association or professional
28   corporation appointed as township manager, the restriction under
29   this subsection shall apply to all officers and employes who
30   directly provide services as required or authorized by an

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1   agreement.
2      Section 3.   This act shall take effect in 60 days.




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