(a) Inability of executive to perform duties.--The executive (mayor) shall designate any department head to act as executive (mayor) whenever the executive (mayor) shall be prevented, by absence from the municipality, disability or other cause, from attending to the duties of his office. During such time, the person so designated by the executive (mayor) shall possess all the rights, powers and duties of the executive (mayor). Whenever the executive (mayor) has been unable to attend to the duties of his office for a period of 60 consecutive days for any of the reasons stated in this subsection, a member of council shall be appointed by the council as acting executive (mayor), who shall succeed to all the rights, powers and duties of the executive (mayor) or the then acting executive (mayor), until he shall return or his disability ceases.
(b) Establishment and exercise of functions of department.--The municipality may have a department of administration and shall have such other departments as council may establish by ordinance. All of the administrative functions, powers and duties of the municipality, other than those vested in the office of the clerk, treasurer, if elected, and controller, shall be assigned among and within the departments.
(c) Appointment and term of department heads and solicitor.--Each department shall be headed by a director who shall be appointed by the executive (mayor) with the advice and consent of the council. Each municipality shall also have a solicitor who shall be appointed by the executive (mayor) with the advice and consent of the council. Each department head and the solicitor shall serve during the term of office of the executive (mayor) appointing him and until the appointment and qualification of his successor. No member of municipal council shall head a department.
(d) Removal of department head.--The executive (mayor) may remove any department head after notice and an opportunity to be heard. Prior to removing a department head, the executive (mayor) shall first file written notice of his intention with the council. The removal shall become effective 20 days after the filing of the notice.
(e) Department officers and employees.--Department heads shall appoint subordinate officers and employees within their departments under procedures established in section 3122 (relating to appointment of subordinate officers and employees).
Cross References. Section 3013 is referred to in section 3031 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 53 - MUNICIPALITIES GENERALLY
Chapter 30 - Types of Optional Plans of Government
Section 3001 - Designation and applicability of plan
Section 3002 - Officers and employees
Section 3003 - Election and term of office of officials
Section 3004 - Election and term of office of council members
Section 3005 - First election of council members
Section 3006 - Legislative power vested in council
Section 3007 - Organization of council
Section 3008 - Powers of council concerning officers and agencies
Section 3009 - Appointment and duties of municipal clerk or secretary
Section 3010 - Executive power vested in executive
Section 3011 - Powers and duties of executive
Section 3012 - Approval or veto of ordinances
Section 3013 - Mayor, departments and department heads
Section 3014 - Department of administration
Section 3016 - Form and adoption of budget
Section 3018 - Council amendments to budget
Section 3031 - Designation and applicability of plan
Section 3033 - Mandatory department of administration
Section 3041 - Designation and applicability of plan
Section 3042 - Powers and duties of executive
Section 3043 - Appointment and duties of managing director
Section 3051 - Designation and applicability of plan
Section 3052 - Officers and employees
Section 3053 - Election and term of office of elected officials
Section 3054 - Election and term of office of council members
Section 3055 - First election of council members
Section 3056 - Selection of mayor, council president or chairman
Section 3057 - Appointment and duties of municipal clerk or secretary
Section 3058 - Powers and duties of council
Section 3059 - Qualifications of municipal manager
Section 3060 - Removal of municipal manager from office
Section 3061 - Inability of municipal manager to perform duties
Section 3062 - Powers and duties of municipal manager
Section 3063 - Preparation and adoption of budget
Section 3071 - Designation and applicability of plan
Section 3073 - Election of council members
Section 3074 - Organization of council
Section 3075 - Powers and duties of council
Section 3076 - Municipal clerk or secretary, solicitor and agencies
Section 3077 - Powers and duties of executive
Section 3078 - Appointment of officers and employees by executive
Section 3079 - Preparation and adoption of budget
Section 3091 - Designation and applicability of plan
Section 3092 - County officers
Section 3094 - Additional options for election of county sheriff