THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY EICHELBERGER, ROBBINS, ERICKSON, WOZNIAK AND BLAKE, APRIL 25, 2011

REFERRED TO LOCAL GOVERNMENT, APRIL 25, 2011  

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," repealing provisions relating

to nonfeasance in office.

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(P.L.12, No.9), is repealed:

[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

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.]

Section 2.  This act shall take effect in 60 days.