From the Hotline

By Teri Henning
Pennsylvania Newspaper Association

Q: Can local elected officials be removed from office for not attending meetings or otherwise failing to perform their duties?

A: Probably not. There are a number of provisions in the local government codes (Second Class Township Code, Borough Code, etc.) that relate to the removal of elected officials. A recent Pennsylvania Supreme Court case has called these into question, however. In that case, the Court held that Township Supervisors could only be removed in the manner provided for in the Pennsylvania Constitution. The Pennsylvania Constitution provides as follows:

All civil officers shall hold their offices on the condition that they behave themselves well while in office, and shall be removed on conviction of misbehavior in office or of any infamous crime. Appointed civil officers, other than judges of the courts of record, may be removed at the pleasure of the power by which they shall have been appointed. All civil officers elected by the people, except the Governor, the Lieutenant Governor, members of the General Assembly and judges of the courts of record, shall be removed by the Governor for reasonable cause, after due notice and full hearing, on the address of two-thirds of the Senate.
--Article VI, Section 7

There are additional constitutional provisions relating to the impeachment of government officials for misbehavior in office. This requires action by the legislature.
--Article VI, Sections 4,5,6

In South Newton Township Electors v. South Newton Township Supervisor, 838 A.2d 643 (Pa. 2003), the Court held that a provision in the Township Code, which permitted the removal of a township supervisor by other means, was unconstitutional. The relevant provision (which was struck down by the Court) permitted the removal of a township office for “failure to perform duties.” That provision purported to authorize a court, upon petition of five percent of the registered voters of a township, to declare an office vacant if it found that the officer failed to perform the duties of the office. 53 P.S. 65503.

This decision would likely bar the attempted removal of most other elected officials (in any manner other than as set forth in the Constitution) as well.

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