Pennsylvania SB 847: 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.

Bill Text

PRINTER'S NO. 939
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 847
Session of
2025
INTRODUCED BY COMITTA, KEARNEY, FONTANA, VOGEL, J. WARD, MALONE,
COSTA, STEFANO AND BROWN, JUNE 10, 2025
REFERRED TO LOCAL GOVERNMENT, JUNE 10, 2025
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 of Title 8 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 901. Filling vacancies in elective borough offices.
(a) Vacancies.--If any vacancy occurs in the office of the
mayor, member of council, auditor, controller or tax collector,
by death, resignation under subsection (a.1) or termination of
residency from the borough, or from a ward in the case of a ward
office, or by failure to take the required oath, to give bond as
provided by law or ordinance or to provide the affidavit
required under section 801 (relating to eligibility), or in any
other manner whatsoever, the council shall fill the vacancy
within 30 days by appointing, by resolution, a registered
elector of the borough, or of the ward in the case of a ward
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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. Except as provided in
section 801(c), no individual shall be appointed to fill a
vacancy in an elected borough or ward office unless the
individual has resided within the borough, or within the ward in
the case of a ward office, continuously for at least one year
immediately prior to the individual's appointment.
(a.1) Vacancy by resignation.--Except as provided under
subsection (e), the following shall apply:
(1) A vacancy shall not be created by a resignation
until the date that the resignation is accepted by a majority
vote of a quorum of council at a public meeting or the
effective date of the tendered resignation, whichever is
later. A council must accept a resignation no later than 45
days after it has been tendered in writing to council, unless
it is withdrawn in writing prior to acceptance.
(2) A resignation which is not accepted as provided
under paragraph (1) shall be deemed accepted after 45 days.
(b) Bond.--The individual appointed shall give bond if
required by law or ordinance. If the individual elected to the
office fails to give any bond required, to provide the affidavit
required under section 801 or to take the required oath, the
council, before making the appointment, shall declare the office
vacant.
(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
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happens, as provided in this section, the vacancy shall be
filled within 15 additional days by the vacancy board.] Vacancy
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 the council is unable, for any reason, to fill the vacancy
and provides the 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.
The chair of the vacancy board shall not vote for himself or
herself to fill the vacancy in an elective borough office.
(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 petition.--If the vacancy is not filled by the
vacancy board within 15 days, the] Vacancy board petition.--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
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that long, until the first Monday in January after the fir