Pennsylvania Act 2024-130 — FIRST CLASS TOWNSHIP CODE - VACANCIES IN GENERAL

Act text

Session of 2024

No. 2024-130

HB 2160

AN ACT

Amending the act of June 24, 1931 (P.L.1206, No.331), entitled "An act concerning townships of the first class; amending, revising, consolidating, and changing the law relating thereto," in election of officers and vacancies in office, further providing for vacancies in general.

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

Section 1. Section 530(a.1) introductory paragraph, (b), (b.1) and (b.2) of the act of June 24, 1931 (P.L.1206, No.331), known as The First Class Township Code, are amended to read:

Section 530. Vacancies in General.--* * *

(a.1) [The] Except as provided under subsection (b.2), the following shall apply:

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(b) [If the board of commissioners of any township shall refuse, fail, or neglect, or be unable for any reason whatsoever, to fill a vacancy within thirty (30) days after the vacancy occurs, then the vacancy board shall fill the vacancy within fifteen (15) additional days by appointing a registered elector of the township or ward in which the vacancy occurs.] The following apply:

(1) A vacancy board shall be convened to fill a vacancy within fifteen (15) days if the board of commissioners of a township, for any reason, fails to fill a vacancy after thirty (30) days. The board of commissioners may vote to convene the vacancy board within thirty (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) [If the] The vacancy board [does not fill the vacancy within fifteen (15) days, the] 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 fifteen (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 fifteen (15) days and vote publicly to disband.

(b.2) [If] 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 [not less than] the remaining commissioners or at least fifteen (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.

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Section 2. This act shall take effect in 60 days.

APPROVED--The 31st day of October, A.D. 2024.

JOSH SHAPIRO