Boroughs are governed by an elected council. Election to a governing body conveys a great deal of power and responsibility. This power is granted by various laws and codes vesting certain corporate and specific powers in council. Corporate powers legalize the action of the borough and provide elected officials authority to act on behalf of the borough.

The Borough Code invests the corporate power of the municipality in council. The Code further delineates other powers enabling council to function in the best interest of the borough. Specific powers provide authority to council to enact legislation and are intended to provide council with the capability needed to legislate for the benefit of the municipality and its citizens.

The Code authorizes the governing body to make and adopt all ordinances, bylaws, rules and regulations deemed necessary for the proper management and control of the borough in order to maintain good government and protect the safety and welfare of its citizens. Any legislation must not be in conflict with the Constitution and the laws of the commonwealth. The general grant of power authorizes any legal action on the part of council to maintain the peace, good government and welfare of the borough and to protect the health, safety, morals and general welfare of its inhabitants.

The elected borough council is involved primarily in a legislative role. They may also act in an administrative, executive or supervisory role to a lesser extent.

The methods for taking official action are specified in the Borough Code and other state laws. Although official binding actions may be taken on the basis of an ordinance, a resolution or a motion, the Code requires all legislation acts to be taken by ordinance or resolution.

An ordinance is generally defined as a local law of a municipal corporation of a general or permanent nature. A resolution is considered as being less formal than an ordinance and used when the matter under discussion is either specific or of a temporary nature, pertains to the transaction of current business or ordinary administration of municipal affairs. A motion is a formal method for taking action on any measure being considered by the governing body, such as an ordinance or resolution. In addition, it is used to finalize the decision on other actions before council.

State law gives borough councils quasi-judicial powers as a hearing board to hear, interpret local ordinances and decide certain issues, including local personnel actions and various types of applications under the Planning Code. When the borough council is acting in a quasi-judicial role, a different pattern of behavior is required than that associated with the formulation of legislative policy, which involves full and free public discussion of issues. When acting in a quasi-judicial role, there is a need for council members to avoid the appearance of bias in cases where they are acting as a tribunal, performing a role quite different from the role in formulating public policy.

The Borough Code requires council to meet at least once a month. Only the date of the organization meeting of council is set by law as the first Monday in January of each even numbered year. (Tuesday if Monday is a holiday) A quorum of members is required to conduct business.

• Presides at council meetings
• Signs ordinances, resolutions and contracts
• Votes, unless he/she has a conflict of interest
• Serves as Mayor if the Mayor is incapacitated (at this time the Council President votes as Mayor, not as a Council Member)
• Note: If the president’s office becomes vacant, the vice president does not automatically assumet the office of president. Council must select a new president. 

• Presides over council meetings in the absence of the Council President
• Serves as Mayor if both Mayor and Council President are incapacitated
• Note: The vice president does not automatically become president if there is a president’s office is vacated. Council must select a new president. 

• Administers Oaths of Office
• Presides over the mandatory organizational meeting
• Only votes to break tie votes of Council (cannot vote on hiring or firing Police Personnel, or if he/she has a conflict of interest)
• May take part in Council discussions
• May call an emergency and regulate certain actions during this time
• Administers the Police Department
• May perform marriages
• Signs all ordinances unless he/she vetoes the ordinance. The Mayor has until the next regularly scheduled meeting to make a decision concerning the ordinance. If desired, the Mayor signs the ordinance and it becomes law. If desired, the Mayor vetoes the ordinance. The ordinance goes back to Council at the next regularly scheduled meeting. Council may choose to vote again. In order to override the Mayor’s veto, a majority plus one is needed. If the Mayor ignores the ordinance, it becomes law at the next regularly scheduled meeting without the Mayor’s signature.

The Borough code authorizes the mayor to preserve order, enforce ordinances and resolutions, remove nuisances, exact a faithful performance of the officers appointed, and perform such duties as assigned by law or ordinance. In preserving order, the mayor directs the activities of the police department. The mayor’s responsibility for ordinance enforcement is limited only to the power of directing the police. There are no provisions in the Borough Code authorizing the mayor to direct other borough employees except the police. Mayors in Pennsylvania may declare a local disaster subject to approval by borough council and may declare a state of emergency in situations involving mobs or riots.

Community leadership is an area where the mayor often serves a leading role in promoting community projects both in the public and private sectors.

Mayors have not been able to vote in council since 1893.  The legislative powers of the mayor are limited to conducting council reorganization meetings every two years, attending regular and special meetings of borough council and executive sessions of council held under the Sunshine Act. The mayor may participate in council discussions. Mayors may also veto ordinances. The mayor periodically updates council on the state of the borough. The only exception is the power to break ties to enable council to take action or request a special meeting of council be held to resolve the matter.

Wedding Officiate

An often-overlooked duty of the mayor is the ability to conduct marriages, administer oaths and affirmations in matters relating to borough affairs. Pennsylvania State Law allows Mayors in Pennsylvania to officiate at weddings.  If you are interested in having the Mayor of West Mayfield officiate your wedding, please contact the Mayor.