Month: May 2025

Municipal attorney Matthew T. Hovey recently contributed to the latest edition of the Pennsylvania Solicitors Handbook of Boroughs. His insights help municipal officials understand key differences between Township and Borough governance—especially the Mayor’s role.

Below is an abridged summary of Mr. Hovey’s chapter. To read the full text, click here.

The Pennsylvania Borough Code creates a distinct legal structure compared to First and Second Class Townships. For municipal solicitors, council members, borough managers, and mayors—particularly in communities with 3,000 or more residents—understanding this legal framework helps prevent power struggles and ensures smooth governance.

What Makes Borough Government Unique?

Boroughs in Pennsylvania function under a hybrid of township and city models. Authority divides more broadly, creating modest checks and balances. Unlike township codes that centralize control with the Board and Manager, the Borough Code separates day-to-day operations between Council and Mayor.

This division creates both legal opportunities and potential friction—especially around the police department, council structure, and mayoral duties.

Who This Affects

• Borough Mayors in Pennsylvania
• Solicitors and Assistant Solicitors advising boroughs
• Borough Council Members—especially in growing towns or politically divided communities
• Borough Managers, Secretaries, and Treasurers
• Law enforcement leadership, including Chiefs of Police

Typical boroughs impacted include municipalities with 3,000+ residents in Southeastern and Central Pennsylvania—from Norristown and Doylestown to Reading and Harrisburg.

Council Structure: Size and Reorganization Rules

Pennsylvania law mandates at least seven councilors in a standard borough, but allows flexibility:

• Wards: Boroughs with wards can elect up to two councilors per ward.
• At-Large: Boroughs operating at-large (no wards) can reduce to five or even three councilors via petition and court-ordered referendum.

Boroughs reorganize every two years—not annually—on the first Monday of January in even-numbered years. This impacts officer elections and appointments.

Mayors in Boroughs: A Power Role, Not a Figurehead

The Borough Code gives mayors meaningful legal authority that often surprises township veterans:

• Tie-Breaker: Mayors break council deadlocks on ordinances, appointments, and motions.
• Veto Power: Mayors may veto ordinances or tax resolutions. Council can override with a supermajority.
• Chief Law Enforcement Officer: The mayor controls the police department’s operations, including shift scheduling, performance, and discipline.
• Legal Standing: If disputes arise with Council, mayors can hire outside legal counsel—up to $4,000 annually at borough expense.
• Emergency Powers: During emergencies, mayors may declare curfews, restrict access, and coordinate inter-municipal law enforcement aid.

Case Example: In Hoffman v. Borough of Macungie, the Pennsylvania Commonwealth Court confirmed that mayors—not police chiefs or managers—hold operational authority over borough police forces.

Attorney's Role: Navigating Legal Conflict Between Council and Mayor

These power lines often blur. For instance:

• If Council directs an investigation that the Mayor blocks, the Police Chief risks job security from Council but insubordination to the Mayor.
• If Council seeks to reinstate a suspended officer, they cannot reverse the first 10 days of a Mayor's suspension.

In these scenarios, the borough solicitor becomes the legal mediator—educating parties, clarifying legal roles, and minimizing conflict.

Employment and Compatibility Rules

• Elected officials may not serve as borough employees in communities with over 3,000 residents.
• Mayors and councilors cannot serve as Borough Manager, Secretary, or Treasurer.
• Boroughs can formally appoint Assistant Solicitors, even those outside the primary solicitor’s firm.

Weddings, Emergencies, and Special Duties

Mayors may:

• Officiate weddings (with prior notice to Council and quarterly reporting)
• Issue emergency proclamations for up to seven days (renewable by Council)
• Authorize specific restrictions during declared emergencies, including curfews and sales bans

Former mayors may continue officiating weddings if they meet statutory criteria and have not been removed from office through legal or political consequences.

What Boroughs Should Do Now

• Audit Charters and Practices: Many boroughs operate with outdated understandings of mayoral authority. Now’s the time to clarify roles.
• Educate Councils and Police Chiefs: Especially in fast-growing towns, ensure all stakeholders understand the Borough Code.
• Retain Legal Counsel with Municipal Experience: It's important to have trusted legal counsel during reorganization, emergencies, or personnel disputes.

Whether your borough faces internal conflict, organizational change, or complex public safety decisions, we help your leadership team move forward with confidence and legal clarity. High Swartz LLP often supports municipalities in real-time governance dilemmas, helping elected officials understand the bounds of their authority. Contact us today.

The information on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the content of this website is accurate and up-to-date, laws and legal processes vary significantly based on location and individual circumstances. The content included herein should not be used as a substitute for consulting with a qualified attorney. For advice tailored to your legal matter, please contact our law offices to speak with one of our experienced local attorneys.