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§ 11701.255. Coordinator's report

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 53 P.S. Municipal and Quasi-Municipal CorporationsEffective: December 30, 2014

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 53 P.S. Municipal and Quasi-Municipal Corporations
Part I. General Municipal Law
Chapter 30E. Municipalities Financial Recovery Act (Refs & Annos)
Chapter 2. Municipal Financial Distress (Refs & Annos)
Subchapter C.1. Duration of Distressed Status (Refs & Annos)
Effective: December 30, 2014
53 P.S. § 11701.255
§ 11701.255. Coordinator's report
Currentness
(a) General rule.--Not later than 180 days after the beginning of the final year of distressed status as determined in accordance with section 254(a) and (b)(1),1 the coordinator shall complete a report stating the financial condition of the municipality and include one of the following findings:
(1) Conditions within the municipality warrant a termination in status in accordance with section 255.1.2 A report containing a recommendation under this paragraph shall address each of the factors set forth in section 255.1(c).
(2) Conditions are such that the municipality should be disincorporated in accordance with Chapter 4.3
(3) Conditions are such that the secretary should request a determination of a fiscal emergency in accordance with Chapter 6.4
(4) A three-year exit plan in accordance with section 2565 is warranted.
(b) Filing and notice.--
(1) The report shall be filed with the same parties as provided in section 242(a).6 The date of filing shall be the date on which the municipal clerk or municipal secretary places a true and correct copy of the report on file for public inspection in the municipal office.
(2) On the date of filing, notice that the report has been filed and is open for public inspection in the municipal office shall be published by the coordinator in the county legal reporter and in one or more newspapers with general circulation serving the area in which the municipality is located. The department shall pay for the cost of the publication of the notice. The notice shall contain the following information:
(i) A statement that a report regarding the status of the municipality's financial distress was filed pursuant to this act.
(ii) The date and place of filing.
(iii) A statement that the public has 15 days from the date of filing in which to file written comments on the report.
(iv) The name and address of the coordinator to whom written comments should be sent.
(v) A summary of the report and findings of the coordinator.
(vi) The date and place of a public meeting to receive comments on the report.
(c) Written comments.--Written comments on the report may be filed with the coordinator. Written comments shall be made no later than 15 days after the date of filing. Written comments judged by the coordinator to have value to the plan may be used to develop a revised report.
(d) Public meeting.--A meeting conducted by the coordinator in the municipality shall be set for a date not later than 20 days after the date of filing the report. The coordinator shall request in writing that the chief executive officer, each member of the municipal governing body and the chief financial officer of the municipality be present at the coordinator's meeting. Comments on the plan shall be received by the coordinator at that time. The coordinator has the discretion whether to consider comments made on the report.
(e) Revision of report.--
(1) Nothing in this section shall be construed to preclude the coordinator from revising a report of his own initiative.
(2) Neither the secretary nor the chief executive officer or the governing body, as appropriate, may revise the coordinator's report.
(3) If the coordinator decides to revise the report, the coordinator shall consult with the secretary and either the chief executive officer or the governing body throughout the revision of the report and shall give consideration to comments they may propose.
(4) A revised report shall be completed and delivered to each party cited in section 242(a) within ten days from the date of the coordinator's public meeting on the original report.

Credits

1987, July 10, P.L. 246, No. 47, § 255, added 2014, Oct. 31, P.L. 2983, No. 199, § 19, effective in 60 days [Dec. 30, 2014].

Footnotes

1
53 P.S. § 11701.254.
2
53 P.S. § 11701.255.1.
3
53 P.S. § 11701.401 et seq.
4
53 P.S. § 11701.601 et seq.
5
53 P.S. § 11701.256.
6
53 P.S. § 11701.242.
53 P.S. § 11701.255, PA ST 53 P.S. § 11701.255
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document