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§ 1059.3. Surcharge by auditors

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 8 Pa.C.S.A. Boroughs and Incorporated TownsEffective: June 17, 2014

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 8 Pa.C.S.A. Boroughs and Incorporated Towns
Part I. Boroughs (Refs & Annos)
Chapter 10. Powers and Duties of Elected Officials
Subchapter C. Auditors (Refs & Annos)
Effective: June 17, 2014
8 Pa.C.S.A. § 1059.3
Formerly cited as PA ST 53 P.S. § 46041; PA ST 53 P.S. § 46059.3
§ 1059.3. Surcharge by auditors
Currentness
(a) Surcharges.--
(1) The amount of any balance or shortage or of any expenditure of a kind or made in a manner prohibited or not authorized by statute which causes a financial loss to the borough shall be a surcharge against any officer against whom the balance or shortage shall appear, or who by vote, act or neglect has permitted or approved the expenditure.
(2) The following shall apply:
(i) No elected or appointed official of a borough may be surcharged for any act, error or omission in excess of the actual financial loss sustained by the borough.
(ii) A surcharge shall take into consideration as its basis the results of the act, error or omission and the results had the procedure been strictly in accordance with law.
(iii) Subparagraph (i) shall not apply to cases involving fraud or collusion on the part of officers nor to any penalty enuring to the benefit of or payable to the Commonwealth. Notwithstanding this section, the procedures in the act of May 25, 1945 (P.L. 1050, No. 394),1 known as the Local Tax Collection Law, shall apply to balances and shortages in the tax accounts of the tax collector.
(b) Illegal acts.--In any matter involving a financial transaction, any official knowingly and willfully acting contrary to law commits a misdemeanor and, upon conviction, may be sentenced to pay a fine not exceeding $100.

Credits

2014, April 18, P.L. 432, No. 37, § 1, effective in 60 days [June 17, 2014].

Footnotes

1
72 P.S. § 5511.1 et seq.
8 Pa.C.S.A. § 1059.3, PA ST 8 Pa.C.S.A. § 1059.3
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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