Pennsylvania § 1711 - Vacancies.

§ 1711. Vacancies.

(a) Filling.--

(1) If a vacancy occurs in the office of township commissioner, auditor, controller or tax collector for any of the following, the board of commissioners shall fill the vacancy within 30 days by appointing by resolution a registered elector of the township, or of the ward for a ward office, in which the vacancy occurs:

(i) Death.

(ii) Resignation.

(iii) Removal as provided under section 1904 (relating to removal of township officers and appointees).

(iv) Termination of residency from the township, or of the ward for a ward office.

(v) Failure to take the required oath, give required bond or provide the affidavit required under section 1701 (relating to eligibility).

(vi) Or otherwise.

(2) If a person other than an individual is appointed to fill a vacancy in the office of tax collector under section 1703(a)(2)(ii) (relating to elected officers), the person shall not be required to file the affidavit required under section 1701. An individual appointed as a tax collector under section 4.2 or 4.4 of the act of May 25, 1945 (P.L.1050, No.394), known as the Local Tax Collection Law, shall not be required to file an affidavit required under section 1701.

(a.1) Resignations.--Except as provided under subsection (b.2), 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 the board of commissioners at a public meeting or the effective date of the tendered resignation, whichever is later. The board of commissioners must accept a resignation no later than 45 days after the resignation has been tendered in writing to the board of commissioners, unless the resignation is withdrawn in writing prior to acceptance.

(2) A resignation that is not accepted as provided under paragraph (1) shall be deemed accepted after 45 days.

(a.2) Deaths.--A vacancy shall not be created by death until the next meeting of the board of commissioners.

(b) Vacancy board.--

(1) A vacancy board shall be convened to fill a vacancy within 15 days if the board of commissioners of a township, for any reason, fails to fill a vacancy after 30 days. The board of commissioners may vote to convene the vacancy board within 30 days of a vacancy if the board of commissioners is unable, for any reason, to fill the vacancy and shall provide a justification at a public meeting.

(2) The vacancy board shall consist of the board of commissioners and one registered elector of the township, who shall be appointed by the board of commissioners at the board's first meeting each calendar year or as soon thereafter as practical.

(3) The registered elector shall act as chairperson of the vacancy board and shall serve as the chairperson until the chairperson's successor is appointed. The chairperson of the vacancy board may not vote for themselves to fill a vacancy in any office.

(b.1) Court of common pleas.--The vacancy board chairperson shall, or in the case of a vacancy in the chairpersonship the remaining members of the vacancy board shall, petition the court of common pleas to fill the vacancy by appointing a registered elector of the township or ward in which the vacancy occurs if one of the following occur:

(1) the vacancy board fails to fill the position within 15 days; or

(2) the position of vacancy board chairperson is vacant and the remaining members of the vacancy board provide justification for the reason the vacancy board is not able to fill the position sooner than 15 days and vote publicly to disband.

(b.2) Vacancy in majority of offices.--Notwithstanding any other subsections in this section, if there are vacancies in a majority of the offices of commissioners, the court of common pleas shall fill the vacancies upon presentation of a petition signed by the remaining commissioners or at least 15 registered electors of the township. A resignation that precludes a majority of commissioners from accepting 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 the resignation is tendered, unless sooner withdrawn in writing.

(b.3) Term.--A registered elector appointed to fill a vacancy shall hold the office until the first Monday in January after the first municipal election occurring more than 60 days after the vacancy occurs. At the first municipal election occurring more than 60 days after the vacancy occurs, an eligible person shall be elected to the office for the remainder of the term. The appointed registered elector must have been a resident of the township or ward continuously for at least one year immediately prior to the appointment.

Cross References. Section 1711 is referred to in section 1701 of this title.