8 Pa.C.S. Ch. 9

8 Pa.C.S. § 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 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 in subsection (f), 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council must accept a resignation no later than 45 days after it has been tendered in writing to council, unless it is withdrawn in writing prior to acceptance.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) 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. The 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. The chairperson of the vacancy board shall not vote for themselves to fill the vacancy in any 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) 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 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 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 for the reason the remaining members cannot fill the position sooner than 15 days and vote publicly to disband. (e) Elector petition.--(Deleted by amendment). (f) 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 a 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. (Apr. 1, 2026, P.L.185, No.9, eff. 60 days) 2026 Amendment. Act 9 amended subsecs. (c) and (d), added subsecs. (a.1) intro. par. and (f) and deleted subsec. (e). Special Provisions in Appendix. See section 4(3)(v) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law. Cross References. Section 901 is referred to in sections 903, 1005 of this title.

8 Pa.C.S. § 902 Collection of taxes where vacancy in office of tax collector not filled.

If a vacancy in the office of tax collector exists and no registered elector of the borough has, within 30 days, received the appointment to fill the vacancy, the county commissioners, the council and the board of school directors of the school district shall collect the tax for the county, the borough and the school district, respectively, through their respective treasurers, or for school districts, at the option of the district, through their secretaries, and for boroughs, at the option of the council, through their secretaries or borough managers. Nothing in this section shall prohibit a borough from providing for agreements or the joint collection of taxes in accordance with sections 4.2 and 4.4 of the act of May 25, 1945 (P.L.1050, No.394), known as the Local Tax Collection Law. Special Provisions in Appendix. See section 4(3)(vi) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.

8 Pa.C.S. § 903 Right of council to declare seat of member vacant for failure to qualify.

If an individual, elected or appointed as a member of council and notified of election or appointment refuses or neglects to qualify as a member of council within ten days following the beginning of the individual's term of office, unless prevented by sickness or necessary absence from the borough, the council, acting without the individual, may declare the individual's office as member of council vacant and may fill the vacancy as provided in section 901 (relating to filling vacancies in elective borough offices). For these actions, a majority of the remaining members of the council shall constitute a quorum. Cross References. Section 903 is referred to in section 1003 of this title.

8 Pa.C.S. § 904.1 Removal of elected official and appointee.

(a) Rule.--A borough officer who is elected or appointed to fill a vacancy in elective office may be removed from office as follows: (1) By impeachment. (2) By the Governor for reasonable cause after notice and full hearing on the advice of two-thirds of the Senate. (3) On conviction of misbehavior in office or of an infamous crime. (b) Title.--The title to office of a borough officer under subsection (a) may be tried by quo warranto. Special Provisions in Appendix. See section 4(3)(vii) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.

8 Pa.C.S. § 905 Temporary auditor.

If for any reason two or three vacancies exist in the office of borough auditors, the council may temporarily appoint and reasonably compensate a qualified individual, who need not be an elector of the borough, who shall have all the powers and duties of the two or three auditors whose offices are vacated.