The Role of Mayor in Pennsylvania: Small Towns All Across The State Have a “Mayor”
For eight years, I held the position of “Mayor” in a small town in Pennsylvania just outside the City of Philadelphia. For eight years, I read, researched, studied and carried out the Role of the Municipal Mayor in Pennsylvania. I was sworn to uphold and defend the Constitution of the United States and of the Commonwealth of Pennsylvania and to carry out the duties of the Mayor. The residents of Darby trusted me with their vote of confidence for two terms so I was determined to carry out those duties to the best of my ability.
What is a “Mayor”?
A mayor (from the Latin mâior, meaning “larger”, “greater”) is the modern title of the highest ranking municipal officer. In Pennsylvania, the mayor is an elected politician who serves as chief executive. Worldwide, there is a wide variance in local laws and customs regarding the powers and responsibilities of a mayor, as well as the means by which a mayor is elected or otherwise mandated.
The Pennsylvania State Borough Code is the guideline for Elected Officials to follow in Boroughs located within the Commonwealth of Pennsylvania. Under the Pennsylvania State Borough Code, Mayors have important duties and powers that need to be fulfilled and carried out. Mayor’s are in a unique position to exercise leadership because of the status and prestige of the office. Some Mayor’s take this seriously, others don’t. The extent of the mayor’s complete role is defined by the individual office holder’s view of civic responsibilities, personal skills, background in intergovernmental affairs and individual interest.
POWERS AND DUTIES IN A MUNICIPALITY
The Borough Code gives the mayor the right to attend all regular and special meetings of council. This right extends to executive sessions held under the Sunshine Act, except where the executive session relates to a legal dispute between the council and the mayor. The mayor is PERMITTED TO TAKE PART IN DISCUSSIONS OF THE COUNCIL SUBJECT TO THE SAME RULES OF PROCEDURE APPLICABLE TO COUNCIL. THE MAYOR ALSO HAS THE RESPONSIBILITY OF REPORTING TO COUNCIL PERIODICALLY ON THE STATE OF THE BOROUGH AND MAKING RECOMMENDATIONS TO COUNCIL ON MATTERS OF BOROUGH CONCERN. When a community problem has come to the attention of the mayor, it is the responsibility of the mayor to bring the matter before council along with any suggestions for dealing with it.
The mayor may break a tie or consider it at a special meeting not more than 10 days from the initial meeting.
Every Ordinance and Every Resolution of a legislative nature MUST be presented to the Mayor for consideration after passage by Council. The Mayor may VETO the ordinance and submit his objections in writing at the next regular meeting. Council can override the veto with two thirds majority vote.
The Borough Code states the mayor is to enforce the ordinances, preserve the order, enforce resolutions, remove nuisances and exact a faithful performance of the officers appointed.
HEAD OF THE POLICE DEPARTMENT
Section 1121 of the Pennsylvania State Borough Code clearly states “The Mayor shall have full control and supervision over the Chief of Police and the Police Department and shall direct the time during which, and the manner in which the police department operates”.
Mayor Theresa Greene – Prospect Park
The Pennsylvania State Borough Code clearly explains that the Mayor is the Chief Law Enforcement Official who heads the entire police department. Many police departments do not particularly like this statute, but it is the law and very few do not adhere to it. However, there are a few that do. In 1987, Theresa Greene was elected to the position of Mayor in Prospect Park Pennsylvania. She took the bull by the horns and decided if she were to be the Chief Law Enforcement Officer of the department, she wanted to know exactly what happened on a daily basis so she could do her job properly. Prospect Park ignored the law and “locked” her out of the department and its records. Not bowing to the political pressure, Theresa took the Borough to Common Pleas Court for access. She won.
Greene v. ProspectPark Borough Council
46 Pa. D. & C.3d 558
Pa.Com.Pl. 1987.
Jul 13, 1987
46 Pa. D. & C.3d 558, 1987 WL 49497 (Pa.Com.Pl.)Court of Common Pleas of Pennsylvania, Delaware County.Greenev.Prospect Park Borough CouncilNo. 87-8217.“Because a mayor is the chief law enforcement official pursuant to the Pennsylvania Borough Code, 53 P.S. §.C.S. § 9101 et seq.”
This court action set the stage for future mayors including myself, to be able to pursue legal action against those municipalities who tried to prevent other mayors from carrying out their duties.
Paula Brown – Darby
In January of 1998, I was sworn into office as the first female Mayor of Darby Borough and the youngest ever elected. With that, came many problems. The Darby Police Department was in a shambles. The previous mayor, after suffering the loss of his re-election, robbed a bank. That left the department without a Chief Law Enforcement Officer to supervise them. Therefore, I was sworn in on January 1st, 1998, five days early. At the time, the Darby Police Department had over 330 lawsuits filed against them for police brutality. The Chief of Police ran the department in the “good ‘ol boy style”. I put a stop to that.
My first day in office, as head of the department, I issued a directive to the Chief of Police outlining what I expected of him and the department. His did not respond to the directive and he locked the Department and would not allow me to enter, see reports, observe or supervise. He enlisted the support of the Council President and a majority of the Council who gave me a directive to stay away from the department. This was in direct conflict of the Pennsylvania State Borough Code. I filed a Court Action in Delaware County Common Pleas Court.
IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA CIVIL ACTION – LAW
Paula M. Brown
Plaintiff, vs. Borough Council of Darby and Alfred Robinson, Council President, Defendant
Case No.: No. 98-002743
The results of the Court Order issued by Judge Joseph Battle are as follows:
“Borough Council shall provide the Mayor with all keys to the police department, a phone, copy machine, desk. The mayor shall have full, unconditional, unsupervised, unfettered access to the Police Department.
Borough Council shall provide the Mayor with the password or other method for full, unconditional, and unsupervised access to the following information on the Darby Police computer: “48’s” and “49’s”, police blotter, and/or daily log and word processing programs. The Mayor shall have full, unconditional, and unsupervised access to all administrative files. The Mayor shall sign out all such files.
Borough Council shall provide the Mayor with full, unconditional and unsupervised access to the personnel records of the police officers and employees of the Darby Borough Police Department, as well as stored records of the police department
Borough Council shall provide the Mayor with full, unconditional and unsupervised access to the police department payroll records.
Borough Council shall not interfere with the Mayor’s exercise of the aforementioned rights. This court shall retain supervisory jurisdiction over this injunction action.”
Complaints were coming in at an alarming rate about Police Officers treating residents with disrespect and racial profiling. My supervision then stepped up. At times, I would “pop in” at the Police Department at any hour of the day or night. The more I surfaced, the less complaints were submitted. As the old saying goes, when the cat’s away, the mice play. Well I decided to stay as much as possible. For the next 6 years I micromanaged the police department. They went from having 330 lawsuits filed against them down to none. It was a hard task to tackle but it was possible. All ilt took was a little supervision.
However, in 2004, when the Administration changed hands, they felt they did not have to comply with previous court orders and allow me to continue to have access. Without warning, they hired a locksmith to change the locks on my office. Thankfully, I was there at the time. I was able to prevent him from installing the new lock on the door. I had to take a stand that most would not. My job required me to supervise a department to the best of my abililty. The courts agreed. However, if I was not able to gain access to the department, how would I be able to fulfill my duties? It would be impossible.
Therefore, I stayed in my office until I could get a court order to prevent the administration from locking me out. I was successful. The Courts agreed that the Mayor must have access and upheld the previous court orders that the new administration did not comply with.
As you can see, the Role of the Mayor in Pennsylvania is a very important function and position in local municipalities. It is not to be taken lightly. Many see the role as similar to the mayor portrayed in the “Wizard of Oz”. A figurehead who makes proclamations. The law clearly states that is false. Having direct control over a police department is a very serious position. The police department is probably the most important department in a municipality because it deals with protecting the lives of the public. Mayors need to adhere to this and supervise departments in a manner that will effectively serve the community.
Our forefathers intended that and we as citizens should demand it. As mayors, if we do not comply with the law, and uphold our statutorily sworn duties, we are creating an injustice to all of our citizens.
“Injustice anywhere is a threat to justice everywhere.”MartinLuther King Jr., Letter from Birmingham Jail, April 16, 1963.
