PRINTER'S NO. 439
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
423
Session of
2017
INTRODUCED BY GABLER, GILLEN, IRVIN, LONGIETTI, PICKETT, WARD
AND WHEELAND, FEBRUARY 10, 2017
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 10, 2017
AN ACT
Amending the act of May 1, 1933 (P.L.103, No.69), entitled, as
reenacted and amended, "An act concerning townships of the
second class; and amending, revising, consolidating and
changing the law relating thereto," in election of officers
and vacancies in office, further providing for vacancies in
general.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 407 of the act of May 1, 1933 (P.L.103,
No.69), known as The Second Class Township Code, is amended to
read:
Section 407. Vacancies in General.--(a) If the electors of
any township fail to choose a supervisor, tax collector or
auditor, or if any person elected to any office fails to serve
in the office, or if a vacancy occurs in the office by death,
resignation under subsection (b), removal from the township or
otherwise, the board of supervisors may appoint a successor who
is [an] a registered elector of the township and has resided in
that township continuously for at least one year prior to their
appointment.[, and, upon their failure to make the appointment
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within thirty days after the vacancy occurs, the vacancy shall
be filled within fifteen additional days by the vacancy board.
The vacancy board shall consist of the board of supervisors and
one elector of the township, who shall be appointed by the board
of supervisors at the board's first meeting each calendar year
or as soon after that as practical and who shall act as chairman
of the vacancy board. If the vacancy board fails to fill the
position within fifteen days, the chairman shall, or if there is
a vacancy in the chairmanship the remaining members of the
vacancy board shall, petition the court of common pleas to fill
the vacancy. If two or more vacancies in the office of
supervisor occur on a three-member board or three or more
vacancies on a five-member board, the court of common pleas
shall fill the vacancies upon presentation of petition signed by
not less than fifteen electors of the township. The successor so
appointed shall hold the office until the first Monday in
January after the first municipal election which occurs more
than sixty days after the vacancy occurs, at which election an
eligible person shall be elected for the unexpired term.]
(b) A resignation:
(1) Shall not create a vacancy until the date that the
resignation is accepted by a majority vote of the board of
supervisors at a public meeting or the effective date of the
tendered resignation, whichever is later. The board of
supervisors must accept a tendered resignation no later than
forty-five days after the resignation has been tendered to the
board of supervisors, unless the resignation is withdrawn in
writing prior to acceptance.
(2) That is not accepted as under paragraph (1) shall be
deemed accepted forty-five days after the resignation has been
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tendered to the board of supervisors.
(c) If, for any reason, the board of supervisors refuses,
fails, neglects or is unable to fill a vacancy within thirty
days after the vacancy occurs, as under this section, the
vacancy shall be filled within fifteen additional days by the
vacancy board. The vacancy board shall consist of the board of
supervisors and one registered elector of the township, who
shall be appointed by the board of supervisors at the board's
first meeting each calendar year or as soon thereafter as is
practical. The appointed elector shall act as the chairperson of
the vacancy board.
(d) If the vacancy board fails to fill the position within
fifteen days, the chairperson, or if the position of the
chairperson is vacant, the remaining members of the vacancy
board shall petition the court of common pleas to fill the
vacancy.
(e) If two or more vacancies in the office of supervisor
occur on a three-member board, or three or more vacancies occur
on a five-member board, the court of common pleas shall fill the
vacancies upon presentation of a petition signed by at least
fifteen registered electors of the township.
(f) A successor appointed under this section shall hold
office until the first Monday in January after the first
municipal election which occurs at least sixty days after the
vacancy occurs, at which election an eligible person shall be
elected for the unexpired term.
Section 2. This act shall take effect in 60 days.
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