Legality question about a supervisor in my township.

Factual Questions
1

My township has four supervisors. This past November, one of the terms was up, and the supervisor who was voted in for the new term suddenly had to move, so he resigned. Shortly after this, one of the existing supervisors who has held the position for many years running, and who happens to be up for re-election this coming November, announced his retirement.

Because the man who was supposed to become supervisor at the beginning of this year resigned, the board called for people to apply for the job, and would then interview the applicants and select one to become supervisor immediately. Four people applied. After two weeks, the board of supervisors said they couldn’t decide on one, so they had to have a different person (I think it was a judge, or magistrate… I’m not sure) decide for them. This person came to the meeting and said, “I think (The guy who’s retiring at the end of this term) should take the position.” A citizen asked if he had even looked at any of the applicants, and he said no, he didn’t want to. None of the supervisors objected.

This just seems really shady to me. Now, this guy who was supposed to be up for re-election this year gets to start a fresh term. They just had the man switch from one supervisor position to the other.

My township is just a bunch of dirt roads cutting through the woods, and not many people here (including me) are well-educated. I know that not everything the supervisors do is legit. And, it has been the same three guys forever, just one position fluctuates. Still, I want an uncorrupt local government. Also, this isn’t fair for the four people who applied for supervisor. Is what happened with the supervisor postition really allowed?

2

I agree, that does sound a bit shady. At the least, I would write a letter to the editor in your local paper. Raise a stink.

3

Check out the laws/ bylaws/constitution of the township. It may have something like the following:

[translate into suitable legalese]
In the event of a vacancy, the three supervisors may appoint a replacement until . . .

4

State law governs how local governments are set up, and how to fill a vacancy. I’d make a call to the State Attorney General’s office in Harrisburg to see if this was done legally.

In general, states with town(ship) supervisors or councilmen are authorized to fill vacancies in their number by appointment until the next general election. But whether that’s the case in Penna. or not, I’m not sure.

5

From: Pennsylvania Statutes
MUNICIPAL CORPORATIONS (TITLE 53)
SECOND CLASS TOWNSHIP CODE
ARTICLE IV. ELECTION OF OFFICERS; VACANCIES IN OFFICE

§ 65403. Supervisors.

(a) Except as provided under section 402(b) for the election of additional supervisors or under section 402(e) for a return to a three-member board, or when vacancies create shorter terms, at each municipal election, the electors of each township shall elect one supervisor to serve for a term of six years from the first Monday of January after the election.

(b) Except as otherwise provided in this act, no supervisor shall at the same time hold any other elective or appointive township office or position. Nothing in this subsection shall prohibit a supervisor from being a member of a township planning commission created under the act of July 31, 1968 (P.L.805, No.247), known as the “Pennsylvania Municipalities Planning Code.”

© Supervisors shall reside in the township from which elected and shall have resided in that township continuously for at least one year before their election.

§ 65407. Vacancies in General.

If the electors of any township fail to choose a supervisor, tax collector, auditor or assessor, or if any person elected to any office fails to serve in the office, or if a vacancy occurs in the office by death, resignation, removal from the township or otherwise, the board of supervisors may appoint a successor who is an elector of the township and has resided in that township continuously for at least one year prior to their appointment, and, upon their failure to make the appointment within thirty days after the vacancy occurs, the vacancy shall be filled within fifteen additional days by the vacancy board.

The vacancy board shall consist of the board of supervisors and one elector of the township, who shall be appointed by the board of supervisors at the board’s first meeting each calendar year or as soon after that as practical and who shall act as chairman of the vacancy board. If the vacancy board fails to fill the position within fifteen days, the chairman shall, or if there is a vacancy in the chairmanship the remaining members of the vacancy board shall, petition the court of common pleas to fill the vacancy.

If two or more vacancies in the office of supervisor occur on a three-member board, or three or more vacancies on a five-member board, the court of common pleas shall fill the vacancies upon presentation of petition signed by not less than fifteen electors of the township. The successor so appointed shall hold the office until the first Monday in January after the first municipal election which occurs more than sixty days after the vacancy occurs, at which election an eligible person shall be elected for the unexpired term.

Source: http://members.aol.com/StatutesP8/53.Cp.141.4.html

The last sentence there seems to confirm Polycarp; someone appointed to fill a vacancy serves until the next municipal election (unless the election is less than 60 days away).

6

Well… that’s one of the big differences between townships and towns they contain, at least in Michigan. Cities can do only what the state specifically permits; townships can do anything not specifically prohibited.

7

Welcome to municipal government in PA. You want that seat, you’ll have to run for it, unless your uncle is on the council. And expect the powers that be to work against you.