From the Hotline

By Teri Henning
Pennsylvania Newspaper Association

Q: Can an elected official lawfully abstain from voting without explanation?

A: If the reason for the abstention is a conflict of interest, the Pennsylvania State Ethics Act requires an official to publicly disclose the nature of any conflict of interest. If the abstention is for some other reason, the official may not have a legal obligation to disclose the reason for the abstention, but there are certainly policy arguments that such abstentions are inappropriate. In its publication for township supervisors, the Pennsylvania Department of Community and Economic Development expressed the following view:

“Although supervisors are prohibited from voting on any issue where there is a conflict of interest, they sometimes abstain from voting on issues where they have no conflict. Local government is based on the concept of representative democracy. Township supervisors are elected to represent their constituents in making decisions for the community. Supervisors should never refuse to vote simply because a matter is contentious or may cause personal resentments. Supervisors refusing to vote are violating their sworn duty to represent the voters in helping to decide matters before the governing body.”

Use this link to the Headlines & Deadlines archive of Teri Henning's weekly 'From the Hotline' columns. 

[HOTLINE ARCHIVE]