PRINTER'S NO. 2816
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2165
Session of
2024
INTRODUCED BY JAMES, FREEMAN, SAPPEY, SMITH-WADE-EL AND MOUL,
MARCH 27, 2024
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 27, 2024
AN ACT
Amending Title 8 (Boroughs and Incorporated Towns) of the
Pennsylvania Consolidated Statutes, in vacancies in office,
further providing for filling vacancies in elective borough
offices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 901(c), (d) and (e) of Title 8 of the
Pennsylvania Consolidated Statutes are amended and subsection
(a.1) is amended by adding an introductory paragraph to read:
ยง 901. Filling vacancies in elective borough offices.
* * *
(a.1) Vacancy by resignation.--Except as provided in
subsection (e), the following shall apply:
* * *
(c) [Unfilled vacancies.--If the council of any borough
refuses, fails, neglects or is unable, for any reason
whatsoever, to fill any vacancy within 30 days after the vacancy
happens, as provided in this section, the vacancy shall be
filled within 15 additional days by the vacancy board.] Vacancy
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board.--
(1) A vacancy board shall be convened to fill any
vacancy within 15 days if the council of any borough, for any
reason, fails to fill a vacancy after 30 days. Council may
vote to convene the vacancy board within 30 days of a vacancy
if it is unable, for any reason, to fill the vacancy and
provides its justification in a public meeting.
(2) The vacancy board shall consist of the council,
exclusive of the mayor, and one registered elector of the
borough who shall be appointed by the council at the
council's first meeting each calendar year or as soon as
practical and who shall act as chair of the vacancy board.
(3) The vacancy board shall appoint a registered elector
of the borough, or ward in the case of a ward office, to hold
the office, if the term continues that long, until the first
Monday in January after the first municipal election
occurring more than 60 days after the vacancy occurs, at
which election an eligible individual shall be elected to the
office for the remainder of the term.
(d) [Board] Vacancy board petition.--[If the vacancy is not
filled by the vacancy board within 15 days, the] The vacancy
board chair shall, or, in the case of a vacancy in the chair,
the remaining members of the vacancy board shall, petition the
court of common pleas to fill the vacancy by the appointment of
a registered elector of the borough, or ward in the case of a
ward, to hold the office, if the term continues that long, until
the first Monday in January after the first municipal election
occurring more than 60 days after the vacancy occurs, at which
election an eligible individual shall be elected to the office
for the remainder of the term[.
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(e) Elector petition.--If vacancies exist in more than a
majority of the offices of council, the court of common pleas
shall fill the vacancies upon presentation of petition signed by
not less than 15 registered electors of the borough.] if either
of the following occur:
(1) the vacancy board fails to fill the position within
15 days; or
(2) the position of chairperson is vacant and the
remaining members of the vacancy board provide a
justification as to why the remaining members cannot fill the
position sooner than 15 days and vote publicly to disband.
(e) General vacancy petition.--Notwithstanding any other
provision of this section, if vacancies exist in more than a
majority of the offices of council, the court of common pleas
shall fill the vacancies upon presentation of petition signed by
not less than 15 registered electors of the borough or the
remaining council members. A resignation that precludes a
majority of council members from acting to accept the
resignation shall create a vacancy on the date specified in the
tendered resignation or, if no date is specified, the second
business day after the day tendered, unless sooner withdrawn in
writing.
Section 2. This act shall take effect in 60 days.
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