PRINTER'S NO. 3208
No. 2424 Session of 1982
INTRODUCED BY PRATT, CAPPABIANCA, McVERRY AND KOLTER, APRIL 21,
1982
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 21, 1982
AN ACT
1 Amending the act of February 1, 1966 (1965 P.L.1656, No.581),
2 entitled "An act concerning boroughs, and revising, amending
3 and consolidating the law relating to boroughs," further
4 providing for the date when elected officials take office.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 805 and 806, act of February 1, 1966
8 (1965 P.L.1656, No.581), known as "The Borough Code," are
9 amended to read:
10 Section 805. Election of Borough Officers When Boroughs
11 Created, Etc.--Whenever a borough is incorporated under the
12 provisions of sections 201 to 219 inclusive of this act, or
13 whenever two or more boroughs are consolidated under the
14 provisions of sections 221 to 228 of this act, or whenever a
15 borough is created from a city of the third class under the
16 provisions of sections 231 to 235 of this act, the officers of
17 the borough, provided for in section 806 of this act, shall be
18 elected at the appropriate municipal election as provided in
1 said sections and such officers shall take office on the first
2 Monday of [January] December succeeding such election.
3 At any such election, if the borough is not divided into
4 wards, of the seven councilmen to be elected, three or four
5 councilmen, as the case may be, shall be elected for terms of
6 two years each, and three or four councilmen, as the case may
7 be, shall be elected for terms of four years each, to coincide
8 with the number of councilmen elected at such election in
9 existing boroughs under the provisions of section 811 of this
10 act.
11 In the case of the consolidation of two or more boroughs into
12 one borough, or the creation of a borough from a city of the
13 third class, and where in either event two councilmen are to be
14 elected from each ward, one councilman shall be elected from
15 each ward for a term of two years and one councilman shall be
16 elected from each ward for a term of four years.
17 In all boroughs coming within the provisions of this section,
18 three auditors shall be elected, one for a term of two years,
19 one for a term of four years, and one for a term of six years.
20 All other officers of the borough shall be elected at such
21 election for terms of two or four years, as the case may be, to
22 coincide with the terms of officers elected under this act at
23 such election in the existing boroughs.
24 Section 806. Officers to be Elected.--It shall be lawful for
25 the electors of the borough to elect:
26 (1) In boroughs not divided into wards, seven councilmen,
27 one mayor, one assessor, except in those boroughs where, under
28 the applicable county assessment law, the office of elected
29 assessor in boroughs shall have been abolished; a tax collector
30 and three auditors or one controller except in such boroughs
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1 where there shall be an appointed auditor in lieu of elected
2 auditors or controller. In any borough with population, as
3 determined by the latest official census, of less than one
4 thousand, the total number of councilmen may be reduced from
5 seven to five or to three upon petition to the court of [quarter
6 sessions] common pleas, as provided in section 818 of this act.
7 (2) In boroughs divided into wards, at least one, and not
8 more than two councilmen in each ward, except in boroughs where
9 prior to the passage of this act three councilmen were elected
10 in each ward. In such boroughs, the number of councilmen is
11 fixed at three in each ward until such number is reduced in the
12 manner provided by this act. Councilmen shall be residents of
13 the ward from which they are elected, and chosen by the electors
14 of the ward; also a mayor, a tax collector and three auditors or
15 a controller, except in such boroughs where there shall be an
16 appointed auditor in lieu of elected auditors or controller, and
17 an assessor, except in those boroughs where, under the
18 applicable county assessment law, the office of elected assessor
19 shall have been abolished who shall be chosen by the electors of
20 the boroughs at large.
21 Any officer elected pursuant to this section shall take office
22 on the first Monday of December succeeding the election.
23 Section 2. Section 811 of the act, amended February 24, 1967
24 (P.L.1, No.1) and October 9, 1967 (P.L.399, No.181), is amended
25 to read:
26 Section 811. Election of Councilmen.--At the municipal
27 election to be held in the year 1967, there shall be elected in
28 each borough a sufficient number of councilmen to equal one-half
29 of the entire number of which such council is legally composed,
30 to serve for a term of four years from the first Monday of
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1 January next succeeding, and, where such entire number is seven,
2 nine, or eleven, then sufficient to constitute three, four, or
3 five, as the case may be; the aforesaid councilmen, to be
4 elected in the year 1967, being successors to those elected in
5 the year 1963, whose terms, as heretofore provided by law,
6 expire on the first Monday of January, 1968. All councilmen
7 whose terms expire on the first Monday of January, 1970 shall
8 continue to hold their office until the first Monday of January,
9 1970, as now provided, and their successors shall be elected at
10 the municipal election in the year 1969, to serve for a term of
11 four years, from the first Monday of January next succeeding. If
12 for any reason councilmen are not elected as hereinabove
13 provided, councilmen whose terms end on the same date shall cast
14 lots to determine who shall serve for a two-year term and who
15 shall serve for a four-year term. The secretary of the borough
16 shall certify the results to the appropriate county board of
17 elections. Biennially thereafter, at the municipal election, a
18 sufficient number of councilmen shall be elected, for a term of
19 four years from the first Monday of [January] December next
20 succeeding, to fill the places of those whose terms, under the
21 provisions of this act, shall expire on the first Monday of
22 January next following such election.
23 Section 3. Sections 812, 815, 816, 818, 821, 831, 841, 851
24 and 861 of the act are amended to read:
25 Section 812. Election of Councilmen Where New Wards
26 Created.--Whenever the court of [quarter sessions] common pleas
27 shall divide any borough into wards, erect new wards out of two
28 or more wards or parts thereof, divide a ward already erected
29 into two or more wards, or create a new ward out of annexed
30 territory, and when the report, in such case, is confirmed by
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1 the court, it shall, at the same time, decree the election of an
2 equal number of councilmen, in each of the wards, in such manner
3 as not to interfere with the terms of those theretofore elected.
4 Where a borough is first divided into wards, the court shall fix
5 the number of councilmen in each ward at not more than two. In
6 decreeing such election, when the entire number of council shall
7 be composed of an even number, the decree shall be so made that
8 one-half of the entire number shall thereafter be elected at
9 each municipal election. When the entire number of council shall
10 be an odd number, the court shall divide such council into two
11 classes, and shall make its decrees so that one-half of the
12 entire number of councilmen, less one, shall, as soon as
13 possible, take their office in a year divisible by four, and the
14 remaining number of councilmen shall take their office in an
15 even-numbered year not divisible by four. The apportionment
16 shall be so made by the court that there shall be equal or as
17 nearly equal as possible, representation by wards in each class.
18 Biennially thereafter, at each municipal election, a sufficient
19 number of councilmen shall be elected, for the term of four
20 years from the first Monday of [January] December next
21 succeeding, to fill the places of those whose terms shall expire
22 on the first Monday of the January next following such election.
23 Section 815. Decrease of Number of Ward Councilmen.--
24 Whenever the electors of any borough divided into wards are
25 authorized, by this act, or by a decree of court, to elect two
26 members of council from each ward, or whenever a borough at the
27 time of the enactment of this act shall elect three councilmen
28 from each ward, and the council of such borough, in either case,
29 consists of more than nine members, at least five percent of the
30 registered electors of such borough shall have power to petition
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1 the court of [quarter sessions] common pleas for a decrease in
2 the number of members of council from each ward, but in no
3 instance shall the council consist of less than seven members.
4 The purpose of such decrease may be to achieve any or all of the
5 following results: a council which is less unwieldy in size; a
6 council which is comparable in size to those in boroughs not
7 divided into wards; a council consisting of an odd number of
8 members instead of an even number; a reduction in borough
9 expenditures; and, the expedition of the conduct of council
10 meetings. Said petition shall clearly state whether it is the
11 prayer of the petitioners that the number of members of such
12 council to be elected in each ward shall be reduced from two to
13 one, or from three to two or one, and shall further state the
14 reasons why such reduction in number shall be desired. The
15 sufficiency of the number of signers to any such petition shall
16 be ascertained as of the date the petition is presented to
17 court.
18 The court shall give notice of the filing of such petition by
19 advertisement in the legal journal of the county, if one is
20 published in the county, and in one newspaper of general
21 circulation in the borough, and in such notice shall fix a day
22 and time for hearing. After such hearing, the court may decrease
23 the number of councilmen elected from each ward from two to one,
24 or from three to two or one.
25 At each municipal election thereafter in such borough, where
26 there are two members from each ward, the electors of each ward
27 shall elect one councilman, to hold office for a term of four
28 years from the first Monday of [January] December next
29 succeeding his election.
30 At each municipal election thereafter in such boroughs, where
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1 there is one member from each ward, the electors from each of
2 the odd-numbered wards shall, at the first municipal election
3 thereafter, elect one councilman for a term of four years, and
4 the electors from each of the even-numbered wards shall elect
5 one councilman for a term of two years. At each municipal
6 election thereafter, the electors of the even-numbered wards, or
7 odd-numbered wards as the case may be, shall each elect one
8 councilman for a term of four years, to take the place of those
9 whose terms are about to expire. All such councilmen shall take
10 office on the first Monday of [January] December following their
11 election.
12 In any borough where, under the provisions of this section,
13 the number of councilmen shall be reduced, the councilmen then
14 in office shall remain in office until the end of their
15 respective terms.
16 Section 816. Election of Councilmen Where Wards Abolished.--
17 Whenever the court of [quarter sessions] common pleas shall
18 abolish all wards in any borough and when the report in such
19 case is confirmed by the court, it shall, at the same time,
20 decree the election of seven councilmen at large for the borough
21 in such manner as not to interfere with the terms of those ward
22 councilmen theretofore elected. In decreeing such election,
23 where there were theretofore:
24 (1) Seven councilmen, the decree shall be so made that, at
25 the first municipal election thereafter the electors shall elect
26 three or four councilmen, as the case may be, the number to be
27 elected to be that which, when added to the number of councilmen
28 already in office whose terms are not about to expire, shall
29 bring the membership of the council to seven. Such newly elected
30 councilmen shall serve for terms of four years from the first
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1 Monday of [January] December next succeeding such first
2 municipal election, except that, in any case where the election
3 of four councilmen shall be required to bring the membership of
4 council to its full complement of seven, and only three
5 councilmen are elected at such municipal election in the other
6 boroughs of the State not divided into wards, three councilmen
7 shall be elected for four-year terms and one for a two-year
8 term. Thereafter, at every succeeding municipal election, the
9 electors shall elect three or four councilmen, as the case may
10 be, each to serve for a term of four years from the first Monday
11 of [January] December following such municipal election.
12 (2) Eight or more councilmen, the decree shall be so made
13 that, at the first municipal election thereafter the electors
14 shall elect a sufficient number of councilmen that, when added
15 to the number of councilmen already in office whose terms are
16 not about to expire, will bring the membership of the council to
17 seven. Such newly elected councilmen shall serve for terms of
18 four years from the first Monday of [January] December next
19 succeeding such first municipal election. At the second
20 municipal election after such decree, the electors shall elect a
21 sufficient number of councilmen, that, when added to the number
22 of councilmen elected at the previous municipal election, shall
23 bring the membership of council to its full complement of seven,
24 some of such councilmen elected at such second municipal
25 election to serve for a four-year term following the first
26 Monday of [January] December next succeeding, the remainder to
27 serve for a two-year term, the number in each case to be that
28 required to bring the number of councilmen to be elected in such
29 borough in succeeding municipal elections into conformity with
30 the number elected in the other boroughs of the Commonwealth not
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1 divided into wards. In the third and all subsequent municipal
2 elections following such decree of court, the electors shall
3 elect three or four councilmen, as the case may be, each to
4 serve for a term of four years from the first Monday of
5 [January] December following such municipal election.
6 In any such borough where, under the ward system of electing
7 councilmen, the council shall have been so large that there
8 shall be seven or more councilmen whose terms shall not expire
9 on the first Monday of January following the first municipal
10 election after such decree, no councilmen shall be elected at
11 such first municipal election, and the councilmen remaining in
12 office shall constitute such borough council until the first
13 Monday of January following the second municipal election
14 following such decree. At such second municipal election, seven
15 councilmen shall be elected in such borough, some to serve for a
16 four-year term of office from the first Monday of [January]
17 December following such second municipal election, the remainder
18 to serve for a two-year term, the number in each case to be such
19 as to bring the number of councilmen to be elected in such
20 borough in succeeding elections into conformity with the number
21 elected in other boroughs of the Commonwealth not divided into
22 wards. Thereafter, at the third and all subsequent municipal
23 elections following such decree, the electors shall elect three
24 or four councilmen, as the case may be, each to serve for a term
25 of four years from the first Monday of [January] December
26 following such subsequent municipal election.
27 (3) Six or fewer councilmen, the decree shall be made so
28 that at the first municipal election thereafter, the electors
29 shall elect a sufficient number of councilmen that, when added
30 to the number of councilmen already in office whose terms are
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1 not about to expire, will bring the membership of council to its
2 full complement of seven. Of such newly elected councilmen,
3 either three or four, as necessary to bring the number of
4 councilmen to be elected in such borough in succeeding municipal
5 elections into conformity with the number elected in other
6 boroughs of the Commonwealth not divided into wards, shall be
7 elected for four-year terms of office, beginning the first
8 Monday of January following such first municipal election, and
9 the balance shall be elected for two-year terms. Thereafter, at
10 the second municipal election following such decree and at all
11 subsequent municipal elections, the electors shall elect three
12 or four councilmen, as the case may be, to serve for a term of
13 four years from the first Monday of [January] December following
14 such subsequent municipal election.
15 In any case where a vacancy may occur, at any time following
16 such decree, in the office of a councilman originally elected or
17 appointed from a particular ward, the person appointed to fill
18 such vacancy need not be a resident of the area formerly
19 comprising such ward, but need only be a registered elector of
20 the borough.
21 Section 818. Decrease in Number of Councilmen.--The court of
22 [quarter sessions] common pleas may, upon petition of at least
23 five percent of the registered electors of any borough, which,
24 according to the latest official census, had a population of not
25 more than one thousand, reduce the total number of councilmen
26 for such borough from seven to five or to three. The sufficiency
27 of the number of signers to any such petition shall be
28 ascertained as of the date when the petition is presented to
29 court.
30 The court shall give notice of the filing of such petition by
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1 advertisement in the legal journal of the county, if one is
2 published in the county, and in one newspaper of general
3 circulation in the borough, and in such notice shall fix a day
4 and time for hearing. After such hearing, the court may decrease
5 the number of councilmen elected in such borough from seven to
6 five or three, as requested in the petition.
7 At the municipal election following the decrease in the
8 number of councilmen in such borough, from seven to five, if
9 four councilmen would otherwise have been elected, there shall
10 instead be elected three councilmen; if three councilmen would
11 otherwise have been elected there shall instead be elected two
12 councilmen. At the second municipal election following the
13 decrease in the number of councilmen in such borough, if four
14 councilmen would otherwise have been elected, there shall
15 instead be elected three councilmen; if three councilmen would
16 otherwise have been elected, there shall be elected two
17 councilmen. At all following municipal elections, there shall be
18 elected the proper number of councilmen to correspond to the
19 number of councilmen whose terms are to expire the first Monday
20 of the following [January] December.
21 At the municipal election following the decrease in the
22 number of councilmen in such borough from seven to three, if
23 four councilmen would otherwise have been elected there shall
24 instead be elected two councilmen; if three councilmen would
25 otherwise have been elected there shall instead be elected one
26 councilman. At the second municipal election following the
27 decrease in the number of councilmen in such borough, if four
28 councilmen would otherwise have been elected, there shall
29 instead be elected two councilmen; if three councilmen would
30 otherwise have been elected, there shall be elected one
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1 councilman. At all the following municipal elections, there
2 shall be elected the proper number of councilmen to correspond
3 to the number of councilmen whose terms are to expire the first
4 Monday of the following [January] December.
5 In any borough where, under the provisions of this section,
6 the number of councilmen shall be reduced, the councilmen then
7 in office shall remain in office until the end of their
8 respective terms. If any such borough shall thereafter attain a
9 population in excess of one thousand, according to the latest
10 official census, the number of councilmen shall automatically be
11 increased from three or five to seven, following the reverse of
12 the procedure set forth in the third or fourth paragraph of this
13 section, as the case may be.
14 Section 821. Election of Mayor.--Electors of every borough
15 shall, at the municipal election in the year 1969, and every
16 four years thereafter, elect one person as mayor, who shall hold
17 office for a term of four years from the first Monday of
18 [January] December next succeeding his election.
19 Section 831. Election of Auditors.--The qualified electors
20 in boroughs electing auditors, and not accepting the provisions
21 of this act providing for the office of controller, shall elect,
22 at each municipal election, one auditor for a term of six years,
23 to hold office from the first Monday of [January] December next
24 succeeding his election.
25 Section 841. Election of Controller.--The qualified electors
26 in every borough having a controller, and in every borough
27 accepting the provisions of this act relating to the controller,
28 shall, at the municipal election in the year 1969, and every
29 four years thereafter, elect as borough controller one person
30 who shall be a competent accountant and a registered elector of
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1 the borough, for at least four years prior to his election. The
2 person so chosen shall serve for a term of four years from the
3 first Monday of [January] December next succeeding his election.
4 Section 851. Election of Assessors.--At the municipal
5 election in the year 1967 and at the municipal election every
6 four years thereafter, the qualified electors of every borough
7 shall elect a properly qualified person for assessor in such
8 borough. The person so elected shall take office on the first
9 Monday of December next following the election. The provisions
10 of this section shall not apply to those boroughs where, under
11 the applicable county assessment law, the office of elected
12 assessor in boroughs has been abolished. No justice of the peace
13 shall at the same time hold the office of assessor.
14 Section 861. Election of Tax Collector.--The qualified
15 electors of every borough shall, at the municipal election in
16 the year 1969, and every four years thereafter, elect one
17 properly qualified person as tax collector of the borough. The
18 person so elected shall take office on the first Monday of
19 December next following the election. No justice of the peace
20 shall at the same time hold the office of tax collector.
21 Section 4. Section 901 of the act, amended February 18, 1982
22 (No.29), is amended to read:
23 Section 901. Filling Vacancies in Elective Borough
24 Offices.--If any vacancy shall occur in the office of the mayor,
25 member of council, auditor, controller, assessor, or tax
26 collector, by death, resignation, removal from the borough, or
27 from a ward in the case of a ward office, or by failure to take
28 the required oath or to give bond as provided by law or
29 ordinance, or in any other manner whatsoever, the borough
30 council shall fill such vacancy within thirty days by
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1 appointing, by resolution, a registered elector of the borough,
2 or of the ward in case of a ward office, to hold such office, if
3 the term thereof continues so long, until the first Monday in
4 January after the first municipal election occurring more than
5 sixty days after the vacancy occurs, at which election an
6 eligible person shall be elected to the office for the remainder
7 of the term.
8 The person appointed shall give bond if required by law or
9 ordinance.
10 In cases where the person elected to the office shall fail to
11 give bond, if any, required or to take the required oath, the
12 borough council, before making the appointment, shall declare
13 the office vacant.
14 If the council of any borough shall refuse, fail or neglect,
15 or be unable, for any reason whatsoever, to fill any vacancy
16 within thirty days after the vacancy happens, as provided in
17 this section, then the vacancy shall be filled within fifteen
18 additional days by the vacancy board. Such board shall consist
19 of the borough council exclusive of the mayor, and one
20 registered elector of the borough who shall be appointed by the
21 borough council at the council's first meeting each calendar
22 year or as soon thereafter as practical and who shall act as
23 chairman of the vacancy board. The board shall appoint a
24 registered elector of the borough, (or ward in the case of a
25 ward office), to hold such office, if the term thereof continues
26 so long, until the first Monday in [January] December after the
27 first municipal election occurring more than sixty days after
28 the vacancy occurs, at which election an eligible person shall
29 be elected to the office for the remainder of the term.
30 If the vacancy is not filled by the vacancy board within
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1 fifteen days, the chairman shall or in the case of a vacancy in
2 the chairmanship the remaining members of the vacancy board
3 shall petition the court of common pleas to fill the vacancy by
4 the appointment of a registered elector of the borough (or ward
5 in the case of a ward), to hold such office, if the term thereof
6 continues so long, until the first Monday in [January] December
7 after the first municipal election occurring more than sixty
8 days after the vacancy occurs, at which election an eligible
9 person shall be elected to the office for the remainder of the
10 term. In the case where there are vacancies in more than a
11 majority of the offices of council, the court of common pleas
12 shall fill such vacancies upon presentation of petition signed
13 by not less than fifteen registered electors of the borough.
14 Section 5. The provisions of this amendatory act shall apply
15 to all persons elected on or after the effective date of this
16 act. The term of office of such person shall be from the first
17 Monday in January next following such election to the first
18 Monday in December four years later.
19 Section 6. This act shall take effect in 60 days.
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