PRINTER'S NO. 1568
No. 1365 Session of 1997
INTRODUCED BY ITKIN, WALKO, GIGLIOTTI, LAUGHLIN, ROBINSON,
TRELLO, OLASZ, DeLUCA, VAN HORNE, PRESTON AND DERMODY,
APRIL 17, 1997
REFERRED TO COMMITTEE ON URBAN AFFAIRS, APRIL 17, 1997
AN ACT
1 Amending the act of July 28, 1953 (P.L.723, No.230), entitled,
2 as amended, "An act relating to counties of the second class
3 and second class A; amending, revising, consolidating and
4 changing the laws relating thereto," providing for optional
5 form of government for counties of the second class.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The act of July 28, 1953 (P.L.723, No.230), known
9 as the Second Class County Code, is amended by adding an article
10 to read:
11 Article IV-A
12 Optional Form of Government
13 for Counties of the Second Class
14 (a) Preliminary Provisions
15 Section 401-A. Legislative Intent.--The General Assembly
16 finds as follows:
17 (1) A county executive and a county council, separately
18 elected, would give citizens more input in government
19 operations.
1 (2) The creation of a county council and elected executive
2 would provide checks and balances for second class counties.
3 (3) Permitting an optional form of government as an
4 alternative to the commissioner system would provide an
5 opportunity for change for the residents of second class
6 counties.
7 (4) The formation of an elected executive and an elected
8 council would facilitate the development of a metropolitan form
9 of government in second class counties.
10 (5) The elected executive and county council would foster
11 cooperative economic development initiatives and job creation
12 among the municipalities in second class counties.
13 (6) The creation of a county council and elected executive
14 would increase the accountability of the second class county
15 government to the people.
16 (7) People should have every opportunity to effectuate real
17 change when they believe it is necessary without having to go
18 through the cumbersome and complex procedures under the act of
19 April 13, 1972 (P.L.184, No.62), known as the "Home Rule Charter
20 and Optional Plans Law."
21 Section 402-A. Definitions.--As used in this article the
22 term "council" means the county council of a second class
23 county.
24 Section 403-A. Procedure.--The question of whether a county
25 of the second class shall adopt the optional form of government
26 under this article may be brought before the registered electors
27 of the second class county by either:
28 (1) the governing body of a county of the second class
29 adopting an ordinance pursuant to section 405-A; or
30 (2) the registered electors presenting a petition pursuant
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1 to section 406-A.
2 Section 404-A. Referendum.--The question to be presented to
3 the registered electors of the second class county shall be in
4 the following form:
5 "Shall the optional form of government contained in
6 Article IV-A of the Second Class County Code providing
7 for a separately elected county executive and county
8 council be adopted by the county of ?"
9 Section 405-A. Ordinance.--(a) The governing body of a
10 county of the second class shall have the power and may adopt an
11 ordinance providing for the submission of the question in
12 section 404-A to the registered electors of that second class
13 county.
14 (b) The ordinance shall contain the question in the form
15 prescribed in section 404-A, the date of the election at which
16 the question will be presented and, at the option of the
17 governing body, an interpretative statement to accompany the
18 question.
19 (c) Within five days of the adoption of an ordinance under
20 subsection (a) the chief clerk of the county shall certify and
21 file a copy of the adopted ordinance to the county board of
22 elections.
23 (d) The county board of elections, upon receipt of the
24 certified copy of the adopted ordinance, shall cause the
25 question to be placed on the ballot at the election specified in
26 the ordinance, or first election held sixty days after the
27 county board of elections receives the ordinance, whichever
28 election occurs later. The submission of the question and the
29 conduct of the election shall be in conformity with the
30 provisions of the act of June 3, 1937 (P.L.1333, No.320), known
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1 as the "Pennsylvania Election Code."
2 Section 406-A. Petition.--(a) The registered electors of a
3 county of the second class shall have the power and may present
4 to the county board of elections a petition which meets the
5 requirements of this section and requests that the question set
6 forth in section 404-A be submitted to the registered electors
7 of that county.
8 (b) The petition shall be circulated as prescribed in
9 subsection (c), shall be signed by at least five per centum (5%)
10 of the registered electors who voted for the Office of Governor
11 in the last gubernatorial general election in that county and
12 shall indicate that the governing body has received that
13 petition.
14 (c) A referendum petition under this section shall be filed
15 not later than the thirteenth Tuesday prior to the election, and
16 the petition and the proceedings therein shall be in the manner
17 and subject to the provisions of the election laws which relate
18 to the signing, filing and adjudication of nomination petitions
19 insofar as such provisions are applicable, except that no
20 referendum petition shall be signed or circulated prior to the
21 twentieth Tuesday before the election nor later than the
22 thirteenth Tuesday before the election.
23 Section 407-A. Optional Form Effective.--Whenever the
24 legally qualified voters of any county of the second class by a
25 majority of those voting on the question vote in favor of
26 adopting the optional form of government provided for in this
27 article, that optional form of government shall take effect on
28 the day following the expiration of the term of the county
29 commissioners holding office on the date of the adoption of the
30 question.
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1 Section 408-A. Resubmission of Question.--The question set
2 forth in section 404-A shall not be submitted to the registered
3 electors of a county of the second class more than once in any
4 four-year period.
5 Section 409-A. Rescindment of Adoption.--(a) Whenever the
6 legally qualified voters of any county of the second class have
7 adopted the optional form of government provided for in this
8 article, that optional form of government may be abolished in
9 accordance with the same procedures, conditions and restrictions
10 applicable to the adoption of the optional form of government as
11 set forth in sections 403-A, 405-A, 406-A, 407-A and 408-A.
12 (b) The question of abolishing the optional form of
13 government set forth in this article may not be submitted to the
14 registered electors of a county of the second class until at
15 least four years after the optional form of government has been
16 in effect.
17 (c) The question to be presented to the registered electors
18 of the second class county shall be in the following form:
19 "Shall the optional form of government contained in
20 Article IV-A of the Second Class County Code adopted by
21 the county of be abolished and the county
22 return to a commission form of government?"
23 Section 410-A. Inconsistency.--The provisions of this
24 article if adopted shall control in the event of any
25 inconsistency between this article and any other provision of
26 this act.
27 Section 411-A. References to Governing Body.--Any reference
28 in this act to county commissioners or board of county
29 commissioners or a similar reference to the governing body of a
30 county of the second class when referring to a legislative
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1 function shall be deemed to be a reference to the council in a
2 second class county and, when referring to an executive
3 function, shall be deemed to be a reference to the county
4 executive in a second class county.
5 Section 412-A. Holding of Office.--Any person holding
6 elective office under this act shall continue to hold such
7 office until the expiration of the term thereof, subject to the
8 conditions and salary attached to such office prior to the
9 passage of this article.
10 Section 413-A. Other Elected Officers.--The provisions of
11 this article shall not alter, diminish, impair or in any way
12 affect the powers and duties of any elected officer of a county
13 of the second class except for the powers and duties of the
14 county commissioners. Whenever the legally qualified voters of
15 any county of the second class by a majority of those voting on
16 the question vote in favor of adopting the optional form of
17 government provided for in this article, the elected officers of
18 the county of the second class, other than the county
19 commissioners, shall continue to exercise all of the powers and
20 to perform all of the duties of their office as provided in this
21 act and other acts of the General Assembly.
22 (b) County Council
23 Section 420-A. Membership.--(a) The legislative branch of
24 the government of a second class county shall consist of an
25 elected body which shall be known as the council. The council,
26 when lawfully convened, shall constitute the legislative,
27 appropriating and policy-determining body of the county.
28 (b) All council authority shall be asserted by the council
29 as an integral body. No individual member of council shall have
30 any authority under this article unless such authority is
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1 delegated by this article or by council acting as a body.
2 (c) Except as otherwise provided in this article, the
3 council shall have and exercise all powers and duties now or
4 hereafter conferred or imposed on the council by this article or
5 by applicable law. The council shall have, but not by way of
6 limitation, the following powers and duties:
7 (1) To make appropriations, incur indebtedness and adopt the
8 annual budget.
9 (2) To adopt, amend and repeal an administrative code.
10 (3) To create, alter, combine and abolish county departments
11 under the jurisdiction of the county executive, administrative
12 units, boards, authorities and commissions and to prescribe the
13 function of each.
14 (4) To levy taxes. The cost of all general services rendered
15 by the county to the entire county shall be a charge against the
16 entire county and the cost of each special service rendered by
17 the county to one or more municipalities or service districts
18 within the county shall be a charge against the municipalities
19 or special districts or the taxpayers or taxable real property
20 thereof.
21 (5) To fix the amount of bonds of county officials and
22 employes the premiums of which are to be paid from county funds.
23 (6) To adopt by resolution all necessary rules and
24 regulations for its conduct and procedure.
25 (7) To make or cause to be made studies and investigations
26 as it deems to be in the best interest of the county, including
27 studies or investigations of the county executive offices and
28 other county departments, administrative units, agencies or
29 other offices under the control of the county executive.
30 (8) To make provisions for any matter of county government
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1 not otherwise provided for, including, but not restricted to,
2 any necessary matter involved in the transition to the form of
3 government under this article.
4 Section 421-A. Composition and Terms.--(a) There shall be a
5 council of thirteen members. The county shall be divided into
6 eleven compact and contiguous districts as nearly equal in
7 population as practicable and one member of council shall be
8 elected from each district. Two additional members of council
9 shall be elected at large by the registered electors of the
10 county of the second class.
11 (b) County council elections shall be conducted at the
12 municipal election next preceding the expiration of the terms of
13 the county commissioners then in office and, thereafter, at the
14 municipal election next preceding the expiration of the term of
15 a county council member. Except as provided in subsection (c),
16 county council members shall hold office for a term of four
17 years from the first Monday of January next after their
18 election.
19 (c) The persons elected in the first elections for county
20 council under this article shall hold office for the following
21 terms:
22 (1) Those elected at large and those elected from odd-
23 numbered districts shall hold office for a term of four years
24 from the first Monday of January next after their election.
25 (2) Those elected from even-numbered districts shall hold
26 office for a term of two years from the first Monday of January
27 next after their election.
28 Section 422-A. Boundaries Established.--Within three months
29 after adoption of the optional form of government set forth in
30 this article, the judges of the court of common pleas, by a
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1 majority vote, shall establish the boundaries of the council
2 districts. Prior to establishing such boundaries, the judges of
3 the court of common pleas shall hold at least one public hearing
4 on the subject. Any person aggrieved by action of the judges of
5 the court of common pleas may appeal the action to the
6 Commonwealth Court.
7 Section 423-A. Members-at-large.--Two members of county
8 council shall be elected at large by the registered electors of
9 the county of the second class. To the extent not inconsistent
10 with this section, they shall be elected in the same manner as
11 jury commissioners as provided in this act and the act of June
12 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election
13 Code." The two persons elected at large as county council
14 members shall not be of the same political party. The candidate
15 for the office who receives the highest number of votes shall be
16 one of the at large members of county council, and the other at
17 large member shall be that candidate not being of the same
18 political party as the first who receives the next highest
19 number of votes.
20 Section 424-A. Reapportionment of Districts.--Within three
21 months after the publication of the results of each decennial
22 census of the population of the United States, the judges of the
23 court of common pleas shall evaluate the council districts for
24 equity and representation in relation to population based upon
25 the new census and shall establish, by majority vote, the
26 boundaries of such districts. Prior to establishing such
27 boundaries, the judges of the court of common pleas shall hold
28 at least one public hearing on the subject. Any person aggrieved
29 by the action of the judges of the court of common pleas may
30 appeal the action to Commonwealth Court.
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1 Section 425-A. Prohibitions.--(a) Members of council,
2 during their term of office, shall not hold any other county
3 office or county employment.
4 (b) Members of council, during their term of office, shall
5 not hold any other elective public office for which a salary,
6 compensation or emolument is paid or received.
7 (c) Members of council shall not serve as a paid consultant
8 for and with the county government during their current term of
9 office and for a period of at least one year following the
10 expiration of their term.
11 Section 426-A. Internal Affairs.--(a) The council shall
12 organize within the first ten days of January of each year. The
13 council, at this organization meeting, shall elect from its
14 membership a president and a vice president. The president, or
15 in the absence of the president, the vice president shall
16 preside and vote at all meetings of the council.
17 (b) The council, by resolution, shall adopt rules of
18 procedures for its meetings. These rules shall be assigned to
19 assure full and equal participation in the deliberations of the
20 council by all of its members and shall not be subject to veto
21 by the county executive.
22 (c) A majority of the members of the council shall
23 constitute a quorum, except as otherwise provided in this
24 article. The council shall conduct business only in the presence
25 of a quorum.
26 (d) Meetings of the council shall be open to the public and
27 public notice of all meetings shall be given.
28 (e) The council shall convene in regular meeting not less
29 than once a month at such time and place as the council may
30 prescribe, except as otherwise provided in this article.
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1 (f) Special meetings may be held at the call of the
2 president of the council.
3 (g) The president shall call a special meeting whenever so
4 requested in writing by any seven members of the council. If the
5 president fails or refuses to call such special meeting, then
6 such special meeting shall be called by the vice president or
7 county clerk upon receiving a written request for such special
8 meeting signed by seven members of the council.
9 (h) At least seventy-two hours prior to a regular meeting of
10 the council, an agenda, as prepared by the county clerk, shall
11 be made available for public inspection.
12 (i) All reasonable opportunity shall be made available for
13 members of the public to address the council on matters of
14 concern. The council shall, by resolution, adopt procedures for
15 such public participation.
16 (j) (1) Neither the council nor any of its committees or
17 members shall direct or request any elected official to appoint
18 any person to, or remove any person from, an office or position,
19 or in any manner take part in the appointment or removal of
20 officers or employes in the administrative service of the county
21 who are subject to the jurisdiction of such elected officials.
22 (2) Neither the council nor any member shall give, publicly
23 or privately, orders to, or in any way interfere with the work
24 or duties of, any administrative officer or employe under
25 jurisdiction of the county executive or other elected officials.
26 Section 427-A. Legislation.--(a) All actions of the council
27 shall be taken by the adoption of an ordinance or resolution or
28 by motion. All legislation shall be enacted by the adoption of
29 an ordinance. All ordinances and resolutions must be in written
30 form and enacted only after reasonable notice, except as
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1 otherwise provided in this article. All final action in adopting
2 ordinances and resolutions shall be by roll call vote and the
3 vote of each member of council shall be entered in the record of
4 the meeting.
5 (b) In addition to any other action required by law or by
6 this article to be taken by ordinance, those actions of the
7 council shall be by ordinance which:
8 (1) Adopt or amend an administrative code.
9 (2) Establish, alter or abolish any county department,
10 office or agency. Provided, however, that this article shall not
11 be deemed to empower county council to abolish any elective
12 county office.
13 (3) Provide for a fine or other penalty or establish a rule
14 or regulation for violation of which a fine or other penalty is
15 imposed.
16 (4) Levy taxes.
17 (5) Establish, alter or abolish rates charged for any
18 service supplied by the county.
19 (6) Amend or repeal any ordinance previously adopted.
20 (7) Adopt the annual budget.
21 (8) Establish the compensation of council members, the
22 county executive and other elected officials in accordance with
23 sections 440-A and 401.1.
24 (9) Establish the compensation of appointees as required by
25 the provisions of this article.
26 (c) All ordinances wherein taxes are levied, before being
27 adopted by the council, shall be read at least once in each of
28 two separate meetings of the council.
29 (d) The action of a majority of the members of the council
30 present and entitled to vote shall be binding upon and
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1 constitute the action of the council. However, a majority vote
2 of the entire council shall be required:
3 (1) To make appropriations, incur indebtedness and adopt the
4 budget.
5 (2) To adopt, amend and repeal an administrative code.
6 (3) To create, alter, combine and abolish county departments
7 under the jurisdiction of the county executive, administrative
8 units, boards, authorities and commissions and to prescribe the
9 functions of same.
10 (4) To levy taxes, subject, however, the following:
11 (i) the cost of all general services rendered by the county
12 to the entire county shall be a charge against the entire
13 county; and
14 (ii) the cost of each special service rendered by the county
15 to one or more municipalities or service districts within the
16 county shall be a charge against such municipalities or service
17 districts on the taxpayers or taxable real property thereof.
18 (e) (1) Upon the passage of any ordinance or resolution by
19 the council, except as otherwise provided in this article, the
20 county executive, within three days after passage, shall receive
21 a written copy of the ordinance or resolution for approval or
22 veto. Within fourteen days after receipt, the county executive
23 shall return the ordinance or resolution to the council with an
24 approval or with a written statement explaining the reasons for
25 vetoing the same. The council, within thirty days after
26 receiving the veto, may overide the veto by the affirmative vote
27 of at least nine of the members of the council.
28 (2) If, within fourteen days after the receipt of an
29 ordinance or resolution, the county executive fails to return it
30 either approved or vetoed, it shall be deemed to be adopted as
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1 though approved and signed by the county executive.
2 (f) The council shall have the power to repeal or amend any
3 ordinance in the same manner as provided herein for its original
4 adoption and until any ordinance is repealed or amended it shall
5 remain in force or effect.
6 (g) All ordinances resolutions and other proceedings of the
7 council shall be entered in the record books of the county. The
8 record books shall be open and available for public inspection
9 at reasonable hours. These books shall be in custody and control
10 of the county clerk.
11 (h) After an ordinance has been finally adopted, notice of
12 its adoption shall be published at least once in one newspaper
13 circulating generally within the county, and, except as
14 otherwise provided in this article, every adopted ordinance
15 shall become effective on the date specified in the ordinance.
16 (i) The council, in the county administrative code, shall
17 provide for the establishment and procedure for the adoption of
18 regular ordinances and emergency ordinances.
19 (j) Within two years after the adoption of this article and
20 at least every four years thereafter, the council shall provide
21 for the general codification of all county ordinances and
22 resolutions having the force and effect of law. The general
23 codification shall be approved by the council by resolution, and
24 this codification and such administrative codes and other rules
25 and regulations as the council may specify shall be published
26 promptly. Copies of this compilation shall be made available in
27 sufficient quantities and be placed in libraries and municipal
28 offices throughout the county.
29 Section 428-A. County Council Staff.--(a) There shall be a
30 county clerk appointed by the council who shall:
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1 (1) Prepare an agenda for all meetings.
2 (2) Give due notice of the time and place of the council
3 meetings to council members and to the public.
4 (3) Keep the journal of council proceedings.
5 (4) Prepare for the council any required publication of
6 notices, ordinances, resolutions or charter amendments.
7 (5) Maintain and make available for public inspection an
8 indexed file containing copies of every adopted ordinance,
9 resolution, rule, regulation and code of regulations and every
10 adopted amendment or modification of any of the foregoing.
11 (6) Perform the duties assigned him by any of the provisions
12 of this article.
13 (7) Perform such other duties as the council may prescribe.
14 (b) The council may appoint other personnel as staff
15 members, to assist the council in its legislative functions and
16 establish their salaries.
17 Section 429-A. Inquiries and Investigations.--The council
18 may inquire into and investigate the affairs of the county, the
19 conduct of the county executive's office and any county
20 department, administrative unit, agency, board, commission,
21 authority or office under the control of the county executive.
22 For this purpose, council, upon request by at least seven
23 members of the council, may subpoena witnesses, administer
24 oaths, take testimony and require the production of evidence.
25 (c) County Executive
26 Section 430-A. Nature and Title.--The executive branch of
27 the government of a county of the second class shall be vested
28 in and administered by an elective executive, hereafter known as
29 the county executive, who shall be the chief executive and
30 administrative officer of the county.
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1 Section 431-A. Term and Elections.--The county executive
2 shall be elected at large by the qualified voters of the second
3 class county at the municipal election next preceding the
4 expiration of the terms of the county commissioners then in
5 office or the term of the county executive then in office, and
6 quadrennially thereafter and shall hold office for a term of
7 four years from the first Monday of January next after his
8 election.
9 Section 432-A. Prohibitions.--The county executive shall
10 devote full time to the office, shall hold no other elective
11 public office nor hold any other county office or county
12 employment for which a salary, compensation or emolument is paid
13 or received. In addition, the county executive shall not serve
14 as a paid consultant for and with the county government during
15 that current term of office and for a period of at least one
16 year following the expiration of that term.
17 Section 433-A. Absence or Incapacity.--In the event of
18 temporary absence or incapacity, a member of one of the county
19 departments, previously designated by the county executive as a
20 substitute and confirmed as such by a majority vote of the
21 council, shall serve as the acting executive. The acting
22 executive shall have all the powers and duties of the county
23 executive.
24 Section 434-A. Powers and duties.--The county executive, in
25 addition to any other powers and duties provided in this article
26 shall:
27 (1) Supervise, either directly or through subordinate
28 employes, the administration of all county departments,
29 administrative units, boards, commissions, authorities and
30 agencies, except as otherwise provided by this act.
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1 (2) Execute and enforce the provisions of this article and
2 all ordinances and resolutions of the council.
3 (3) Exercise the power to veto as set forth in this article.
4 (4) Appoint, suspend or remove any county employe, under his
5 jurisdiction, except as otherwise provided by this act.
6 (5) Prepare and submit to the council the annual operating
7 budget and the capital improvement budget of the county.
8 (6) Assure that the laws of this Commonwealth relating to
9 the affairs and government of the county are duly executed and
10 enforced.
11 (7) Present to the council form time to time such
12 information concerning the business and affairs of the county as
13 the county executive may deem necessary, or as the council by
14 resolution may request and recommend such measures for
15 legislative action as may be in the best interest of the county.
16 (8) Except as otherwise provided in this act, to sign or
17 cause to be signed on the county's behalf all deeds, contracts
18 and other instruments, including those which prior to the
19 adoption of this article required the signature of the chairman
20 or any other member of the board of commissioners.
21 (9) Appoint and dissolve from time to time voluntary
22 committees of citizens to assist and advise the county executive
23 as to issues and matters pertaining to the county.
24 (10) Appoint and remove the county solicitor, public
25 defender and directors of administration, personnel and finance.
26 (11) Appoint and remove members of boards and commissions
27 except as otherwise provided by this article.
28 (12) Appoint and remove members of county authorities but
29 only with the advice and consent of the council.
30 (13) Be responsible for the negotiation of labor relations
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1 agreements, subject to ratification by the council.
2 (14) Prepare and submit to the council each year a current
3 three-year plan for all functions of county government,
4 including, but not limited to, matters of budget, capital
5 improvement, program and personnel.
6 (15) Have the power to veto or reduce individual items in
7 the budget and appropriation ordinances. Each item or items not
8 vetoed or reduced shall become law, and each item or items
9 vetoed or reduced shall be subject to the same procedure as any
10 other ordinance vetoed by the county executive.
11 (16) Where an applicable law prescribes that one county
12 commissioner be a member of an authority, board or commission,
13 occupy such position unless this article provides to the
14 contrary.
15 (17) Have all necessary incidental power to perform and
16 exercise any of the duties and functions as set forth in this
17 article or lawfully delegated to the county executive.
18 (d) Compensation and Vacancies
19 Section 440-A. Compensation of Elected Officers.--(a) The
20 minimum annual salaries under this article of the county
21 executive and council persons of counties of the second class
22 shall be as follows:
23 (1) County Executive $90,000.
24 (2) County Council Members $45,000.
25 (b) The county council of counties of the second class shall
26 have the power to fix the salary of all county officers governed
27 by the provisions of subsection (a) and section 401.1.
28 (c) The county council of counties of the second class shall
29 not reduce the salary of any county officer below the amount set
30 forth in subsection (a) or section 401.1.
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1 Section 441-A. Authorities, boards and commissions.--(a)
2 Where any applicable provision of this act or other applicable
3 law, including, but not limited to, those enumerated in
4 subsection (b), provides that the board of county commissioners
5 be members of an authority, board or commission, such positions
6 shall be occupied by the county executive and the county council
7 members elected at large.
8 (b) Subsection (a) shall apply to, but not be limited to,
9 the following authorities, boards and commissions:
10 (1) The Retirement Board created by section 1703 of this
11 act.
12 (2) The salary board created by section 1822 of this act.
13 (3) The board for the purpose of selecting depositories
14 created by section 1961 of this act.
15 (4) The Sinking Fund Commission created by section 1990 of
16 this act.
17 (5) The Board for Management of Houses for Detention of
18 Juveniles created by section 2538 of this act.
19 (6) The Board of Managers of Memorial Halls created by
20 section 2565 of this act.
21 (7) The Joint County Bridge Commission created by section
22 2715 of this act.
23 (8) The County Prison Board created by section 3 of the act
24 of December 10, 1980 (P.L.1152, No.208), known as the "Second
25 Class County Prison Board Act."
26 (9) The County Institution District created by section 302
27 of the act of June 24, 1937 (P.L.2017, No.396), known as the
28 "County Institution District Law."
29 Section 442-A. Vacancies.--Whenever a vacancy shall occur in
30 the office of county executive or county council, the court of
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1 common pleas of the county of the second class shall issue a
2 writ of election for a special election to fill such vacancy for
3 the remainder of the term, which writ shall fix the date of the
4 next ensuing primary, municipal or general election, occurring
5 at least sixty days after the issuance of said writ, as the date
6 for holding said special election.
7 Section 443-A. Nomination and Election.--Except as otherwise
8 provided in this act, nomination and election of the county
9 executive and the county council shall be in conformity with the
10 provisions of the act of June 3, 1937 (P.L.1333, No.320), known
11 as the "Pennsylvania Election Code." Candidates for the office
12 of county council to be elected by district shall present a
13 nominating petition containing at least one hundred valid
14 signatures of registered and enrolled members of the proper
15 party and, at the time of filing such nominating petition, shall
16 pay a filing fee of fifty dollars ($50).
17 Section 2. This act shall take effect as follows:
18 (1) The addition of sections 403-A, 404-A, 405-A, 406-A,
19 407-A and 408-A of the act shall take effect in 60 days.
20 (2) This section shall take effect immediately.
21 (3) The remainder of this act shall take effect upon the
22 filing of a certificate with the Legislative Reference Bureau
23 that the provisions of this act have been adopted by the
24 electors of a county of the second class.
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