53 Pa. Stat. § 22227

Current through P.A. Acts 2023-32
Section 22227 - Removal of department heads; procedure; judge to preside; powers of judge

The head of any department who shall be found guilty, after due notice and hearing, of any corrupt act or practice, malfeasance, mismanagement of his official duties, extortion, receiving any gift or present from any contractor, or from any person seeking or engaged in any work for, or furnishing material to, the city; or from any incumbent or occupant of, or candidate or applicant for, any municipal office; and for wilfully concealing any fraud committed against the city,--may be removed from office by resolution, which shall receive the affirmative votes of a majority of all the members of council, and the approval of the mayor; or, should the mayor fail to approve the said resolution within ten days after its passage and submission to him, then the said removal may be effected by a resolution of council, which shall receive a two-thirds affirmative vote of all the members thereof: Provided, however, That the procedure thus established shall not have a retrospective or retroactive effect; but that the procedure by impeachment, under existing laws, shall be and remain in force exclusively as to any causes arising before the beginning of the terms of the councilmen as herein provided. In the event of such removal, the vacancy thus arising shall be filled in the manner hereinbefore provided in the case of other vacancies. A judge of the court of common pleas of the county in which such city is located, to be chosen by the council, shall preside at any hearing held under the provisions of this section, and decide finally all questions of law, and questions relating to the admission of evidence, that may arise in the case. He shall have the power to issue subpoenas for witnesses, and compel their attendance by attachment, and the production of books, papers, and documentary evidence required or called for by the said judge and counsel, and to punish witnesses and others for contempt, as fully as any court of this Commonwealth may lawfully do in any case.

53 P.S. § 22227

1901, March 7, P.L. 20, art. XIV, § 7. Amended 1911, May 31, P.L. 461, § 1.