PRINTER'S NO. 136
No. 127 Session of 1997
INTRODUCED BY CURRY, ARMSTRONG, TANGRETTI, MELIO, PRESTON, NICKOL, VAN HORNE, OLASZ AND CORRIGAN, JANUARY 29, 1997
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JANUARY 29, 1997
AN ACT 1 Amending the act of February 1, 1966 (1965 P.L.1656, No.581), 2 entitled "An act concerning boroughs, and revising, amending 3 and consolidating the law relating to boroughs," further 4 providing for decrease of number of ward council members. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Section 815 of the act of February 1, 1966 (1965 8 P.L.1656, No.581), known as The Borough Code, is amended to 9 read: 10 Section 815. Decrease of Number of Ward [Councilmen] Council 11 Members.--Whenever [the electors of], in any borough divided 12 into wards [are authorized, by this act, or by a decree of 13 court, to elect two members of council from each ward, or 14 whenever a borough at the time of the enactment of this act 15 shall elect three councilmen from each ward, and], the council 16 [of such borough, in either case,] consists of more than [nine] 17 seven members, at least five percent of the registered electors 18 of such borough shall have power to petition the court of
1 [quarter sessions] common pleas for a decrease in the number of 2 members of council from each ward, but in no instance shall the 3 council consist of less than seven members. The purpose of such 4 decrease may be to achieve any or all of the following results: 5 a council which is less unwieldy in size; a council which is 6 comparable in size to those in boroughs not divided into wards; 7 a council consisting of an odd number of members instead of an 8 even number; a reduction in borough expenditures; and, the 9 expedition of the conduct of council meetings. Said petition 10 shall clearly state whether it is the prayer of the petitioners 11 that the number of members of such council to be elected in each 12 ward shall be reduced from two to one, or from three to two or 13 one, and shall further state the reasons why such reduction in 14 number shall be desired. The petition may also state whether it 15 is necessary to add a council member or members to be elected at 16 large in order to achieve or maintain a council consisting of at 17 least seven members or to achieve or maintain a council 18 consisting of an odd number of members. The sufficiency of the 19 number of signers to any such petition shall be ascertained as 20 of the date the petition is presented to court. 21 The court shall give notice of the filing of such petition by 22 advertisement in the legal journal of the county, if one is 23 published in the county, and in one newspaper of general 24 circulation in the borough, and in such notice shall fix a day 25 and time for hearing. After such hearing, the court may decrease 26 the number of [councilmen] council members elected from each 27 ward from two to one, or from three to two or one[.], and may 28 also provide for the election at large of a member or members of 29 council. The court shall, if necessary, establish a schedule for 30 the subsequent at-large election of council members. The 19970H0127B0136 - 2 -
1 schedule may provide that the initial term of one or more of the 2 council members subsequently elected at large shall be reduced 3 to accommodate a schedule of staggered at-large elections to 4 eventually insure that, as near as may be possible, one-half of 5 the members of council elected at large will be elected at each 6 municipal election. 7 At each municipal election thereafter in such borough, where 8 there are two members from each ward, the electors of each ward 9 shall elect one [councilman] council member, to hold office for 10 a term of four years from the first Monday of January next 11 succeeding [his] the election. 12 At each municipal election thereafter in such boroughs, where 13 there is one member from each ward, the electors from each of 14 the odd-numbered wards shall, at the first municipal election 15 thereafter, elect one [councilman] council member for a term of 16 four years, and the electors from each of the even-numbered 17 wards shall elect one [councilman] council member for a term of 18 two years. At each municipal election thereafter, the electors 19 of the even-numbered wards, or odd-numbered wards as the case 20 may be, shall each elect one [councilman] council member for a 21 term of four years, to take the place of those whose terms are 22 about to expire. All such [councilmen] council members shall 23 take office on the first Monday of January following their 24 election. 25 In any borough where, under the provisions of this section, 26 the number of [councilmen] council members shall be reduced, the 27 [councilmen] council members then in office shall remain in 28 office until the end of their respective terms. 29 Section 2. This act shall take effect in 60 days. A3L08RZ/19970H0127B0136 - 3 -