Townships
The oldest form of government in the United States dating back to the 17th century, townships represent self-governance in its truest and purest form. The township board of supervisors is directly accessible to the people of the commonwealth with no layers of bureaucracy in between.
Townships are governed by a board of three or five supervisors elected at large by the voters for a six-year term. Three-quarters of Pennsylvania’s township governing bodies have three members. Conversion to a five-member board requires the approval of the township’s electorate.
Years ago, supervisors were mainly in charge of maintaining roads and bridges and plowing snow in the winter. Today, as the needs of township residents have grown, so has the role of township supervisor. From public safety to emergency services to environmental protection, these volunteer public servants assume an ever-greater role in providing services and facilities to respond to their citizens’ needs and, especially, to meet the demands of a constantly increasing array of state and federal mandates.
The board of supervisors serves as the township’s legislative body, setting policy, enacting local ordinances, adopting budgets, and levying taxes. Because there is no separately elected executive, except in some home rule townships, the board also performs the executive functions, such as enforcing ordinances, approving expenditures, and hiring employees.
Small townships may have no formal department structure and only one or two full- or part-time employees while larger townships may have separate departments for police, finance, sanitation, and parks and recreation.
There are three types of townships in PA. Second Class, First Class and Home Rule. Since all of the townships in our area are Second Class, this topic will focus on the laws that govern a second class township.
Township Government Responsibilities
A township is responsible for providing the following services as needed:
Fire Prevention and Protection
Township Police
Street Lights
Solid Waste Collection and Disposition
Parks, Recreation Centers and Forests
Roads, Streets, Bridges and Highways
Sidewalks, Footpaths and Curbs
Sanitary Sewers
Water Supply
Storm Water Management Plans and Facilities
Manufacture and Sale of Electricity
Board of Health
Contracts
Taxation and Finance
Collection of Assessments
Eminent Domain: Assessment of Damages and Benefits
Governing / Managing Body
A second class township is authorized to have a three member Board of Supervisors. Each supervisor is elected at large for a six year term. Pay is set at $1,875 per year (can be adjusted based on population). Townships elect the following:
Three (3) Supervisors, six year term
Three (3) Auditors, six year term
One (1) Tax Collector, four year term
One (1) Assessor (if the county elects assessors)
Supervisors
The board of supervisors shall:
(1) Be charged with the general governance of the township and the execution of legislative, executive and administrative powers in order to ensure sound fiscal management and to secure the health, safety and welfare of the citizens of the township.
(2) Have the responsibility for maintenance of township-owned equipment and facilities.
(3) Employ persons as may be necessary for the general conduct of the business of the township and provide for the compensation, organization and supervision of the persons so employed. Records shall be kept and reports made and filed giving the names of all persons employed, dates on which work was done and the number of hours worked with compensation paid to each person and the capacity in which employed.
(4) Authorize attendance at conferences, institutes, schools and conventions. Any supervisor, elected or appointed officer or township employe may if directed by the board of supervisors attend any conference, institute, school or convention dealing with the duties and functions of elected or appointed officers or employes. The expenses for attending the meetings may be paid by the township and are limited to the registration fee, mileage for the 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 attendee shall submit to the board of supervisors an itemized account of expenses incurred at the meeting. The board of supervisors may authorize employes to be compensated at their regular employe rate, and auditors to be compensated at the rate of ten dollars ($10) for each hour up to a maximum of five hours per day, during their attendance at the meeting.
(5) Annually, on or before the first day of February, furnish to the board of auditors information on the construction or maintenance of roads or other matters that may be required by any department of the Commonwealth to be included in the annual township report.
(6) Provide for the annual tax duplicate to be prepared and presented to the tax collector.
(7) Perform duties and exercise powers as may be imposed or conferred by law or the rules and regulations of any agency of the Commonwealth.
Township Secretary
The board of supervisors shall appoint a township secretary to serve at the pleasure of the board of supervisors.
The township secretary is a clerk to the board of supervisors. The township secretary shall:
(1) Record the proceedings of the board of supervisors and all court orders relative to the laying out, opening and vacating of roads in a minute book.
(2) Preserve the minute book and other records and turn them over to the successor in office.
(3) With the consent of the board of supervisors and in conformity with other laws governing the retention and disposition of municipal records, have the authority to destroy records and papers of the township other than the minute book and account book after the lapse of six years from the date of the records.
(4) inform supervisors of all township meetings, including special meetings of the board of supervisors.
Township Auditors
The board of auditors shall meet annually at the place of meeting of the board of supervisors on the day following the day designated by this act for organization of & board of supervisors, and they shall organize by the election of a chairman and secretary. The board of auditors shall audit, settle and adjust the accounts of all elected or appointed officials of the township and its boards or agencies that received or disbursed funds of or owing to the township during the immediately preceding calendar year. The board of auditors shall determine the compensations for the current year authorized in section 606 for supervisors employed by the township. Two auditors shall constitute a quorum. The auditors may also make an audit of the dockets, transcripts and other official records of the district justices to determine the amount of fines and costs paid over or due the township, and the dockets and records of the district justices shall be open to inspection by the auditors for that purpose. Unless otherwise agreed to by the board of auditors and the officer being audited, the audit shall be conducted at the place the records of the officer are normally kept.
Upon the death or resignation of any of the officials designated in this section to be audited, the board of auditors , upon call of the chairman, shall meet and audit the accounts of the former incumbent and determine the compensation of the successor if so authorized by this act.
Tax Collector
The tax collector shall collect all county, township, school, institution district and other taxes levied within townships by authorities authorized to levy taxes. The tax collector may also be designated in the tax-levying ordinance or resolution or be employed by the tax-levying authority to collect taxes levied under the act of December 31, 1965 (P.L. 1257, No. 511), known as “The Local Tax Enabling Act.” In addition to the powers, duties and responsibilities under this act, the tax collector shall exercise all the powers and perform all the duties and be subject to all the obligations and responsibilities for the collection of taxes as are conferred upon tax collectors by law.
Township Solicitor
The board of supervisors may appoint and determine the compensation of a township solicitor. The township solicitor shall be licensed to practice law in this Commonwealth and may be one person or a law firm, partnership, association or professional corporation- The township solicitor serves at the pleasure of the board of supervisors.
The township solicitor shall direct and control the legal matters of the township, and no official or official body of the township, except as otherwise provided under law, shall employ an additional attorney without the assent or ratification of the board of supervisors.
The township solicitor, when directed or requested so to do, shall prepare or approve any bonds, obligations, contracts, leases, conveyances, ordinances and assurances to which the township may be a party. The township solicitor shall commence and prosecute all actions brought by the township for or on account of any of the estates, rights, trusts, privileges, claims or demands, as well as defend the township or any township officer against all actions or suits brought against the township or township officer in which any of the estates, rights, privileges, trusts, ordinances or accounts of the township may be brought in question before any court in this Commonwealth and do every professional act incident to the office which the township solicitor may be authorized or required to do by the board of supervisors or by any resolution. The township solicitor shall furnish the board of supervisors, upon request, with an opinion in writing upon any question of law.
Township Engineer
The board of supervisors may appoint and determine the compensation of a township engineer who shall be a registered professional engineer. The township engineer serves at the pleasure of the board of supervisors.
The township engineer shall perform duties as the board of supervisors may direct for the construction, reconstruction, maintenance and repair of streets, roads, pavements, sanitary sewers, bridges, culverts and other engineering work. The township engineer shall prepare plans, specifications and estimates of the work undertaken by the township and furnish the board of supervisors with reports, information or estimates on any township engineering work or on questions submitted by the board of supervisors.
Township Manager
The board of supervisors may by ordinance at any time create the office of township manager and may in like manner abolish the office. While the office exists, the board of supervisors shall appoint one person to fill the office. The township manager serves at the pleasure of the board of supervisors.
The powers and duties of the township manager shall be established by ordinance. The compensation shall be set by resolution and paid out of the general fund of the township. The board of supervisors may delegate, subject to recall, any of their nonlegislative powers and duties to the township manager. The township manager shall give bond to the township, with sufficient suety, in the amount directed by the board of supervisors, conditioned for the faithful performance of the duties of the office.
The office of township manager is not incompatible with the office of township secretary, township treasurer or any other township office or employment, except that of supervisor, auditor, assessor or township police officer.
