PRINTER'S NO. 860
No. 796 Session of 1975
INTRODUCED BY MURPHY, ROSS, ORLANDO, STAUFFER AND EWING,
JUNE 10, 1975
REFERRED TO LOCAL GOVERNMENT, JUNE 10, 1975
AN ACT
1 Amending the act of May 27, 1953 (P.L.249, No.35), entitled "An
2 act providing that the town councils of incorporated towns
3 shall have the right to declare vacant the seats of
4 councilmen or presidents of town councils for failure to
5 qualify and for failure to attend meetings or vote upon
6 questions before the council," providing for the filling of
7 certain vacancies.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Sections 1 and 2, act of May 27, 1953 (P.L.249,
11 No.35), entitled "An act providing that the town councils of
12 incorporated towns shall have the right to declare vacant the
13 seats of councilmen or presidents of town councils for failure
14 to qualify and for failure to attend meetings or vote upon
15 questions before the council," are amended and a section is
16 added to read:
17 Section 1. Whenever any person elected or appointed a member
18 or president of the town council of any incorporated town who
19 has been notified of his election or appointment shall because
20 of death or other reasons refuse or neglect to qualify as such
1 member or president of such town council within ten days next
2 succeeding the beginning of his term of office, unless prevented
3 by sickness or prevented by necessary absence from the town, the
4 town council acting without such person may declare his office
5 as member or president of the town council vacant and such
6 vacancy shall be filled [in the manner now provided by law] by
7 the town council, by appointing, by resolution, a registered
8 elector of the town, to hold such office, if the term thereof
9 continues so long, until the first Monday in January after the
10 first municipal election occurring more than sixty days after
11 the vacancy occurs, at which election an eligible person shall
12 be elected to the office for the remainder of the term. For such
13 actions a majority of the remaining members of the council shall
14 constitute a quorum.
15 Section 2. Whenever any member of the town council or the
16 president of the town council of any incorporated town shall
17 neglect or refuse to attend two successive regular meetings,
18 unless detained by sickness or prevented by necessary absence
19 from the town; or if a councilman in attendance at any meeting
20 shall neglect or refuse to vote or by his withdrawal from
21 council or otherwise refuse to act in his official capacity as a
22 member of council; or if the president of the town council in
23 attendance at any meeting shall neglect or refuse to cast the
24 deciding vote; the town council acting without such person may
25 declare his office as member of the town council or president of
26 the town council vacant and such vacancy shall be filled [in the
27 manner now provided by law] by the town council, by appointing,
28 by resolution, a registered elector of the town, to hold such
29 office, if the term thereof continues so long, until the first
30 Monday in January after the first municipal election occurring
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1 more than sixty days after the vacancy occurs, at which election
2 an eligible person shall be elected to the office for the
3 remainder of the term. For such actions a majority of the
4 remaining members of the town council shall constitute a quorum.
5 Section 2.1. If the council of any incorporated town shall
6 refuse, fail or neglect, or be unable, for any reason
7 whatsoever, to fill any vacancy within thirty days after the
8 vacancy happens, as provided in this act, then the court of
9 common pleas shall, upon petition of the town council or five
10 citizens of the town, fill the vacancy in such office, by the
11 appointment of a qualified elector of the town to hold such
12 office, if the term thereof continues so long, until the first
13 Monday in January after the first municipal election occurring
14 more than sixty days after the vacancy occurs, at which election
15 an eligible person shall be elected to the office for the
16 remainder of the term.
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