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Senate Co-Sponsorship Memoranda
Senate of Pennsylvania
Session of 2015 - 2016
Regular Session
MEMORANDUM
| Posted: | February 18, 2016 05:23 PM |
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| From: | Senator Judith L. Schwank |
| To: | All Senate members |
| Subject: | Constitutional amendments to remove elected officials |
| I believe there is general agreement on the need to protect public interests from harm caused by derelict or incompetent elected officials beyond ordinary circumstances. It is clear, however, that we cannot rely on officials who might be unable or unwilling to resign, that impeachment is only available for misconduct, and that Article VI, Section 7 Removal-by-Address is ineffective and inappropriate except perhaps in indisputable cases. I believe that as long as it is in legislative hands, the exercise of Address power will be in question. The Senate today is perceived to be so fundamentally political and partisan that a significant share of the public will always discredit it. This is a serious concern for a democracy, and it can be avoided. As well, the Senate also is not really formed or practiced in the practical and quasi-legal processes needed to convincingly make such determinations, and Article VI, Section 7 is too vague to be helpful. I believe this also can be avoided. I will introduce shortly two constitutional amendments to put the issue of removal into forms I believe are better suited to a trustworthy and speedy determination, and that also will advance its credibility by ensuring that all elected officials are answerable in a similar fashion. Under both, the current provisions for removal by Address would be repealed. I hope you will sincerely consider supporting one or both. |
Document #1
| Description: | Alternative 1 - Recall. Under this proposal, elected officials other than magisterial district judges, trial and appellate judges and justices (all of whom are subject separately to discipline and removal under Article V, Section 18 of the Pennsylvania Constitution) would be subject to recall upon petition by registered voters within the jurisdiction of the office. A recall election would be held at the next primary, municipal or general election at least 60 days after verification of the petition, and an office-holder would be lose all official authority and other privileges of the office immediately upon an official determination that the vote result is in support of recall. The functions of the office would be immediately regarded and transferred as if the office-holder were otherwise temporarily, fully incapacitated in office. If the election results are not challenged, or if a challenge is finally determined against the office-holder, the office-holder would be immediately recalled. If a challenge is finally determined in favor of the office-holder, he would be immediately restored to official duties and privileges from that point on. |
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Document #2
| Description: | Alternative 2 - Removal. Elected public officials other than magisterial district judges, trial and appellate judges and justices would be removed from office if they are determined to be incompetent by a civil court proceeding. Complaints of incompetency would be made to the Department of State, which would be required to conduct a preliminary investigation into whether a complaint appears to be valid and sufficiently provable. The Department also could initiate an investigation based on its own concerns. If a complaint has apparent merit, the Department would have 60 days to petition for removal to the Court of Common Pleas in the appropriate county, and a hearing would be held at which the office-holder would have all the rights generally afforded to a civil defendant. If the Department proves by clear and convincing evidence that the office-holder is incapable of ensuring the performance of the duties of his office to a degree and for a duration that will significantly harm public interests, the office-holder would be immediately suspended from all official duties and authority and those would be transferred as in the case of an office-holder temporarily rendered fully incompetent for any other reason. If the judgment is not appealed in the appropriate timeframe or is finally determined against the office-holder, he would be immediately removed from office for the remainder of the elective term. If an appeal is returned for further proceedings, the office-holder would be suspended until the case is finally resolved, but if a case is finally resolved in favor of the office-holder, he would immediately be restored to all official duties and authority from that point on. |
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