Borough Council Could Have No Say Over Police Matters

Macungie council's recommendation Monday to ensure the borough's police department can provide 24/7 coverage was tempered by an upcoming revision of Pennsylvania's borough code.

Solicitor Patrick Armstrong announced that revisions to the code, which will take effect on July 17, will "clarify" a Pennsylvania mayor's powers over the police force.

Currently, and for another month plus a few days, the code says that council can set the number of hours the force can work. After that, council could need to pass an ordinance to accomplish the same thing, if it's so inclined.

Nobody knows what it will mean in practice, Armstrong said, because there is no case law yet to back it up. It's too new.

With this in mind, the five council members who attended Monday's meeting made their decision knowing that the new code would eliminate council's option to have any say at all.

The new code, which takes effect next month, says:

Mayor's Powers; Police.‑‑(a)  The mayor shall have full charge and control of the chief of police and the police force.

(b)  The mayor shall direct the time during which, the place where and the manner in which the chief of police and the police force perform the duties of their rank.

(c)  The mayor may delegate to the chief of police or other officer supervision over and instruction to subordinate officers in the manner of performing their duties.

Any mention of a borough council's influence whatsoever has been removed from the revisions which take effect on July 17.

Do you have an opinion regarding the revisions to the PA borough code? Tell us in the comments.