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Police chief faces short reign if allowed to serveJul 09, 2012 (The Valley News-Dispatch - McClatchy-Tribune Information Services via COMTEX) -- If the state Supreme Court ultimately allows Apollo police Chief Paul Breznican to claim his seat on borough council, the state's borough code will stop him from seeking re-election. Police officers and paid firefighters will not be able to hold an elected office in the boroughs where they work under the revised borough code that takes effect July 16. Legislation to update and re-enact the code -- the law governing more than 900 borough governments -- was introduced in June 2011, before Breznican sought and won election to Apollo Council in November. Gov. Tom Corbett signed the legislation into law as Act 43 in May. The Pennsylvania State Association of Boroughs and the Pennsylvania Local Government Commission have been working on the revisions since 2003. It is the first update of the borough code since 1966. No fundamental changes were made to the structure of borough government. To be palatable to lawmakers, no "controversial" issues were addressed. "The main benefits of the code's revision and recodification is that the code is now easier to read, extracts archaic language and it also incorporates court cases and legislation since the last time the code was updated," said Courtney Accurti, spokeswoman for the boroughs association. In place of printed books, the borough code will be available to officials and the public in a searchable electronic form online through the state Department of Community and Economic Development. The prohibition on police officers and paid firefighters holding elected office is a matter of ethics, said Ron Evanko, immediate past president of the association and Blairsville Council vice president. In regional or intermunicipal departments, they would not be allowed to be an elected official in any of the boroughs served by them. It does not apply to volunteer firefighters, and other borough employees could still seek elected office, Evanko said. Anyone elected or appointed to a position now in conflict would be permitted to serve out their term, Accurti said. Previously, the borough code did not prohibit Breznican from being elected to council. The prohibition applied only to boroughs with more than 3,000 residents, which Apollo is well under. But an Armstrong County judge ruled in January that Breznican could not be police chief and a councilman at the same time because of Apollo's government structure, in which the manager has oversight of the police department. Since then, Manager Lori Weig-Tamasy has been permanently laid off after agreeing to a settlement and release; Breznican, who was off-duty due to an injury, has been suspended with pay on accusations of insubordination and conduct unbecoming an officer. Breznican appealed the county court's decision to the state Supreme Court. His attorney, Greg Swank, said he has not talked with Breznican about whether he wants to continue the appeal. Swank said his briefs are due to the court in August. Although the case now would not set any precedent, continuing with the appeal would not be moot, Swank said. "We're basically asking the court to allow him to be seated under the current law, which would apply to him and his election," Swank said. "It wouldn't be meaningless to him." Residency confirmation Another new requirement in the borough code is reflective of another situation that happened in Apollo. An amendment will require elected officials to verify they meet requirements to hold office, including continuous residency for at least one year and being registered to vote, before taking their oaths of office. The requirement will apply to people appointed to fill vacancies in elective offices. In October 2011, Apollo Council removed an appointed member, Cory Adams, after learning he was not registered to vote. Adams had been appointed in April 2011. Elected officials will have to give borough secretaries signed affidavits that they meet the requirements before being sworn in. Those who falsely claim to meet the requirements could face perjury charges, Accurti said. Participation by phone The borough code now will allow council members to participate in meetings by phone, or "telecommunications device." This addition to the code was the subject of much debate, Accurti said. Court rulings allowed it before, but it wasn't addressed in the borough code, Evanko said. In the end, the code requires a physical quorum of the council's members be established and maintained for members to participate by phone. To be able to do that, a council member must be absent for one of four reasons -- illness or disability of the member; care for the ill or newborn in the member's immediate family; emergency; and family or business travel. The device used will have to allow the absent member to speak to and hear the comments and votes of all council members, including those physically present and others taking part remotely. They will have to be able to speak to and hear the comments of the public physically present at the meeting. Removal from office Under the revised borough code, council members cannot be removed from office simply for missing meetings. Previously, a member could be removed for missing two or more consecutive meetings. But after a 2004 court case removed such a provision from the Second Class Township Code, the association advised boroughs to abide by the court ruling, she said. The language in the borough code has been excised, Accurti said. "There is no actual way to remove them from office just because of not attending," Accurti said. To be removed from office, a council member will "have to have committed a felony or, basically, a really bad crime." 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