1Amending the act of May 27, 1953 (P.L.249, No.35), entitled "An
2act providing that the town councils of incorporated towns
3shall have the right to declare vacant the seats of
4councilmen or presidents of town councils for failure to
5qualify and for failure to attend meetings or vote upon
6questions before the council," further providing for removal
7of town officers and for vacancies.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1.  Section 2 of the act of May 27, 1953 (P.L.249,
11No.35), entitled "An act providing that the town councils of
12incorporated towns shall have the right to declare vacant the
13seats of councilmen or presidents of town councils for failure
14to qualify and for failure to attend meetings or vote upon
15questions before the council," amended February 11, 1976
16(P.L.12, No.9), is amended to read:

17Section 2.  [Whenever any member of the town council or the
18president of the town council of any incorporated town shall
19neglect or refuse to attend two successive regular meetings,
20unless detained by sickness or prevented by necessary absence

1from the town; or if a councilman in attendance at any meeting
2shall neglect or refuse to vote or by his withdrawal from
3council or otherwise refuse to act in his official capacity as a
4member of council; or if the president of the town council in
5attendance at any meeting shall neglect or refuse to cast the
6deciding vote; the town council acting without such person may
7declare his office as member of the town council or president of
8the town council vacant and such vacancy shall be filled by the
9town council, by appointing, by resolution, a registered elector
10of the town, to hold such office, if the term thereof continues
11so long, until the first Monday in January after the first
12municipal election occurring more than sixty days after the
13vacancy occurs, at which election an eligible person shall be
14elected to the office for the remainder of the term. For such
15actions a majority of the remaining members of the town council
16shall constitute a quorum.] Any town officer, whether elected or 
17duly appointed to fill a vacancy in elective office, shall be 
18removable from office only by impeachment, or by the Governor 
19for reasonable cause after due notice and full hearing on the 
20advice of two-thirds of the Senate, or upon conviction of 
21misbehavior in office, or of any infamous crime in accordance 
22with the Constitution of Pennsylvania, but his title to office 
23may be tried by proceedings of quo warranto as provided by law.

24Section 2. Section 2.1 of the act, amended May 1, 1981
25(P.L.34, No.13), is amended to read:

26Section 2.1.  If the electors of any incorporated town shall
27fail to choose a mayor, councilman or auditor, provided that
28such office exists, or if any person elected to such office
29shall neglect or refuse to serve therein, or if a vacancy shall
30occur in the office by death, resignation, removal from the

1incorporated town, or otherwise, a majority of the remaining
2councilmen may appoint a successor who is a registered voter and
3upon their failure to make such appointment within thirty days
4after the vacancy occurs, the vacancy shall be filled within
5fifteen additional days by the vacancy board. Such board shall
6consist of the town council and one registered elector of the
7town, who shall be appointed by town council at the council's
8first meeting each calendar year or as soon thereafter as
9practical and who shall act as chairman of the vacancy board. If
10the vacancy board fails to fill the position within the time
11prescribed, the chairman shall, or in the case of a vacancy in
12the chairmanship, the remaining members of the vacancy board
13shall, petition the court of common pleas to fill the vacancy.
14In the case where there are vacancies in a majority of town
15council, the court of common pleas shall fill such vacancies
16upon presentation of petition signed by not less than fifteen
17registered electors of the town. In all cases, the successors so
18appointed shall hold the office until the first Monday in
19January after the first municipal election occurring more than
20sixty days after the vacancy occurs, at which election an
21eligible person shall be elected for the unexpired term.

22Section 3. This act shall take effect in 60 days.