PRIOR PASSAGE - NONE
PRIOR PRINTER'S NO. 1792
PRINTER'S NO. 2127
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1444
Session of
2019
INTRODUCED BY WALSH, SIMMONS, WARNER, BERNSTINE, MILLARD,
MALONEY, IRVIN, ZIMMERMAN, REESE, CIRESI, NELSON AND DOWLING,
MAY 13, 2019
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 12, 2019
A JOINT RESOLUTION
Proposing an amendment to the Constitution of the Commonwealth
of Pennsylvania, in local government, providing for
attendance at public meetings REMOVAL OF MUNICIPAL OFFICERS.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following amendment to the Constitution of
Pennsylvania is proposed in accordance with Article XI:
That Article IX be amended by adding a section to read:
§ 15. Attendance at public meetings.
(a) A member of the governing body of a unit of local
government shall attend a minimum of fifty percent of all
scheduled public meetings of the governing body in a calendar
year to maintain eligibility to hold the position.
(b) If a member of the governing body of a unit of local
government fails to attend more than fifty percent of the public
meetings in a calendar year, the remaining members of the
governing body may pass an ordinance instructing the municipal
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solicitor to file a quo warranto action in the court of common
pleas requesting the removal of the absentee member of the
governing body.
(c) If a member of the governing body of a unit of local
government fails to attend a scheduled public meeting of the
governing body but provides proof that the absence was due to
illness or other employment, the absence shall not apply to
determining compliance with subsection (a).
(d) If a member of a governing body of a unit of local
government is removed from office for failure to comply with
subsection (a), the office shall be deemed vacant and filled
according to law.
§ 15. REMOVAL OF MUNICIPAL OFFICERS.
THE GENERAL ASSEMBLY MAY PROVIDE, BY UNIFORM GENERAL LAW OR
BY CLASSIFICATION, FOR THE REMOVAL OF ELECTED OFFICERS OF A
MUNICIPALITY. ELECTED OFFICERS SHALL BE REMOVED ONLY FOR CAUSE
AS DEFINED BY THE GENERAL ASSEMBLY. CAUSE SHALL INCLUDE
ABSENTEEISM FROM MEETINGS AND DERELICTION OF DUTY. THE
AUTHORIZATION PROVIDED BY THIS SECTION SHALL NOT PRECLUDE THE
USE OF OTHER PROVISIONS CONTAINED IN THIS CONSTITUTION FOR THE
DISQUALIFICATION, IMPEACHMENT OR REMOVAL OF MUNICIPAL OFFICERS.
Section 2. (a) Upon the first passage by the General
Assembly of this proposed constitutional amendment, the
Secretary of the Commonwealth shall proceed immediately to
comply with the advertising requirements of section 1 of Article
XI of the Constitution of Pennsylvania and shall transmit the
required advertisements to two newspapers in every county in
which such newspapers are published in sufficient time after
passage of this proposed constitutional amendment.
(b) Upon the second passage by the General Assembly of this
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proposed constitutional amendment, the Secretary of the
Commonwealth shall proceed immediately to comply with the
advertising requirements of section 1 of Article XI of the
Constitution of Pennsylvania and shall transmit the required
advertisements to two newspapers in every county in which such
newspapers are published in sufficient time after passage of
this proposed constitutional amendment. The Secretary of the
Commonwealth shall submit this proposed constitutional amendment
to the qualified electors of this Commonwealth at the first
primary, general or municipal election which meets the
requirements of and is in conformance with section 1 of Article
XI of the Constitution of Pennsylvania and which occurs at least
three months after the proposed constitutional amendment is
passed by the General Assembly.
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