PRINTER'S NO. 950
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
790
Session of
2015
INTRODUCED BY EICHELBERGER, HUTCHINSON, McGARRIGLE, WOZNIAK AND
BLAKE, MAY 15, 2015
REFERRED TO LOCAL GOVERNMENT, MAY 15, 2015
AN ACT
Amending the act of May 27, 1953 (P.L.249, No.35), entitled "An
act providing that the town councils of incorporated towns
shall have the right to declare vacant the seats of
councilmen or presidents of town councils for failure to
qualify and for failure to attend meetings or vote upon
questions before the council," further providing for removal
of town officers and for vacancies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of May 27, 1953 (P.L.249,
No.35), entitled "An act providing that the town councils of
incorporated towns shall have the right to declare vacant the
seats of councilmen or presidents of town councils for failure
to qualify and for failure to attend meetings or vote upon
questions before the council," amended February 11, 1976
(P.L.12, No.9), is amended to read:
Section 2. [Whenever any member of the town council or the
president of the town council of any incorporated town shall
neglect or refuse to attend two successive regular meetings,
unless detained by sickness or prevented by necessary absence
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from the town; or if a councilman in attendance at any meeting
shall neglect or refuse to vote or by his withdrawal from
council or otherwise refuse to act in his official capacity as a
member of council; or if the president of the town council in
attendance at any meeting shall neglect or refuse to cast the
deciding vote; the town council acting without such person may
declare his office as member of the town council or president of
the town council vacant and such vacancy shall be filled by the
town council, by appointing, by resolution, a registered elector
of the town, to hold such office, if the term thereof continues
so long, until the first Monday in January after the first
municipal election occurring more than sixty days after the
vacancy occurs, at which election an eligible person shall be
elected to the office for the remainder of the term. For such
actions a majority of the remaining members of the town council
shall constitute a quorum.] Whether elected or duly appointed to
fill a vacancy in elective office, a town officer shall be
removable from office only by impeachment, or by the Governor
for reasonable cause after due notice and full hearing on the
advice of two-thirds of the Senate, or upon conviction of
misbehavior in office or of an infamous crime in accordance with
the Constitution of Pennsylvania, but the officer's title to
office may be tried by proceedings of quo warranto as provided
by law.
Section 2. Section 2.1 of the act, amended May 1, 1981
(P.L.34, No.13), is amended to read:
Section 2.1. If the electors of any incorporated town shall
fail to choose a mayor, councilman or auditor, provided that
such office exists, or if any person elected to such office
shall neglect or refuse to serve therein, or if a vacancy shall
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occur in the office by death, resignation, removal from the
incorporated town, or otherwise, a majority of the remaining
councilmen may appoint a successor who is a registered voter and
upon their failure to make such appointment within thirty days
after the vacancy occurs, the vacancy shall be filled within
fifteen additional days by the vacancy board. Such board shall
consist of the town council and one registered elector of the
town, who shall be appointed by town council at the council's
first meeting each calendar year or as soon thereafter as
practical and who shall act as chairman of the vacancy board. If
the vacancy board fails to fill the position within the time
prescribed, the chairman shall, or in the case of a vacancy in
the chairmanship, the remaining members of the vacancy board
shall, petition the court of common pleas to fill the vacancy.
In the case where there are vacancies in a majority of town
council, the court of common pleas shall fill such vacancies
upon presentation of petition signed by not less than fifteen
registered electors of the town. In all cases, the successors so
appointed shall hold the office until the first Monday in
January after the first municipal election occurring more than
sixty days after the vacancy occurs, at which election an
eligible person shall be elected for the unexpired term.
Section 3. This act shall take effect in 60 days.
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