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“The most common reason for vacancies on council is through resignation. Individuals sometimes find the demands on their time, the pressure of private business activities, personal health or family problems or the responsibilities of office are too much to cope with. Vacancies can also occur because of death, moving out of the borough or ward, removal from office by the courts or failure to qualify.

“The Code provides for the remaining members of council to fill a vacancy by resolution. Pennsylvania county courts are divided on the issue of whether a resignation requires acceptance by the governing body or whether it is unconditionally effective. This is critical because of the timetable established to fill vacancies. The safest course for governing bodies is to take official action to accept any resignation and to fill the vacancy within thirty days of its submission.

“Commonwealth Court has ruled that a governing body member’s resignation was effective when tendered and accepted. The resigning officer establishes the effective date of the resignation and from that time the office is vacant. In this case, the court voided an action by the board to rescind the resignation acceptance at a subsequent meeting. The court held a vacancy existed on the board and could only be filled by action of the board members to appoint a successor until the next municipal election.

“Council has thirty days to take action to fill a vacancy. If council fails to fill the vacancy within the prescribed limit, then the vacancy board fills the vacancy within fifteen additional days by appointing a qualified person.

“The vacancy board consists of council and one registered voter of the borough who is appointed by the council and acts as the chair of the vacancy board. If the vacancy board fails to fill the vacancy within the prescribed time, the chair then petitions the court of common pleas to fill the vacancy. In the case of a vacancy in the chair, the remaining members of the vacancy board petition the court to fill the vacancy.

“Where more than a majority of the offices of councillor are vacant at any one time, the vacancies are filled by the court upon petition of at least fifteen registered voters of the borough.

“In all cases, the successor is appointed to serve until the first Monday in January following the first municipal election occurring more than sixty days after the vacancy occurs, if the term continues that long. At that municipal election, a successor is elected to fill any unexpired balance of the term. All persons appointed to fill vacancies must have all the qualifications required of elected officers.”

SOURCE:  Borough Council Handbook – page 9