Pennsylvania § 10901 - Appointment, removal and prohibition.

§ 10901. Appointment, removal and prohibition.

(a) Powers and duties.--Council:

(1) May appoint and dismiss any city officer and employee, except for an elected officer.

(2) Shall provide for the removal of an officer of the city whose office is established by ordinance, except as provided under this chapter.

(b) Elective city office.--The following shall apply to an individual holding an elective city office:

(1) The individual must be removed from office in accordance with the Constitution of Pennsylvania as follows:

(i) by impeachment;

(ii) by the Governor for reasonable cause after due notice and full hearing on the advice of two-thirds of the Senate; or

(iii) upon conviction of misbehavior in office or of any infamous crime.

(2) This chapter and other provisions of law requiring a forfeiture of office upon the conviction of a crime shall apply only if the court determines that the conviction is for misbehavior in office or for an infamous crime.

(3) Nothing under this section shall prevent title to an elected city office from being tried by proceedings of quo warranto as provided under law.

(c) Appointed office or position.--The following shall apply to an individual who is appointed to a city office or position, except for elective offices:

(1) The individual may be removed by the appointing power, except as limited under law or the Constitution of Pennsylvania.

(2) The individual must be removed on conviction of misbehavior in office or of an infamous crime.

(d) Prohibition.--Except as otherwise provided under law, an individual may not concurrently hold elective city office and be an employee of the same city.

Cross References. Section 10901 is referred to in sections 10902, 10905, 10908, 11209, 11912 of this title.