Pennsylvania House Bill HB2165

Pennsylvania 2023-2024 Regular Session

• Introduced: 3/27/24
• Refer: 3/27/24
• Refer: 6/26/24
• Report Pass: 9/23/24

Caption

In vacancies in office, further providing for filling vacancies in elective borough offices.

Impact

The manifestation of this bill in state law will enhance the functioning and stability of local borough councils by streamlining the process by which vacancies are filled. As borough councils often play crucial roles in local governance and community representation, the prompt filling of vacancies is expected to uphold governmental functions and avoid prolonged gaps in representation. Moreover, the provision for a vacancy board as an auxiliary means to address vacancies may empower local electorates and enhance democratic involvement in their local governance process.

Summary

House Bill 2165 aims to amend the Pennsylvania Consolidated Statutes, specifically Title 8 which pertains to boroughs and incorporated towns, by providing clearer procedures for filling vacancies in elective borough offices. This legislation addresses situations where a borough council is unable or unwilling to fill a vacancy within a specified timeframe. The central mechanism introduced by this bill is the establishment of a vacancy board that must convene to address unfilled vacancies within 15 days if the borough council fails to do so within 30 days. By appointing a registered elector to temporarily hold the position until the next municipal election, the bill seeks to ensure continuity in local governance.

Sentiment

The sentiment around HB2165 is generally supportive from various stakeholders within local government structures. Proponents of the bill emphasize the importance of timely filling of vacancies to maintain operational continuity and local governance integrity. However, some concerns have been voiced regarding the composition and authority of the vacancy board—specifically, whether the inclusion of council members in the board may create conflicts of interest or undermine the accountability principles inherent in local governance. This dynamic has led to discussions about the balance of authority between elected officials and local electorates.

Contention

Notable points of contention surrounding HB2165 include potential challenges related to who ultimately has the power to fill vacancies, particularly under contentious circumstances where council decisions might be politically charged. Additionally, the requirement for a public justification from the council if they fail to act may invite scrutiny and further political implications. Another topic for debate is the role of elected officials on the vacancy board and whether it competes with the aims of transparency and independence necessary in local governance.