A.
The registered voters of a ward may remove from office
at a recall election the Member of Council representing that ward
for the cause and in the manner provided in this Article.
B.
The registered voters of the Borough at large may
remove from office at a recall election the Mayor for the cause and
in the manner provided in this Article.
The Mayor or a Member of Council may be removed
from office at a recall election, for cause, for the following reasons:
A.
A recall of a Member of Council or Mayor shall be
initiated upon petition, clearly designated as a recall petition and
stating the cause for recall. Furthermore, the petition shall:
(1)
For the recall of a Member of Council, contain the
address, date signed, and signatures of registered voters who reside
in that Member of Council's ward, equal in number to at least 20%
of the number of votes cast for all candidates for the Office of Governor
in the last gubernatorial general election in that same ward;
(2)
For the recall of the Mayor, contain the address,
date signed, and signatures of registered voters of the Borough equal
in number to at least 20% of the number of votes cast for all candidates
for the Office of Governor in the last gubernatorial general election
in the Borough;
B.
Each registered voter signing a recall petition shall
state his or her residence, ward, and date of signing. Signatures
on a recall petition may be on separate sheets, but each sheet shall
have appended to it the affidavit of the circulator thereof, not necessarily
a signer of the petition, that to the best of the affiant's knowledge
and belief, the persons whose signatures appear on the sheet are registered
voters of the ward or of the Borough at large, as the case may be,
that they signed with full knowledge of the contents of the petition,
and that their residences are correctly given.
C.
A recall petition shall be filed with the Borough
Manager. Upon filing, the petition shall be available for examination
by any interested person. Within fifteen (15) days after filing of
the petition, the Borough Manager shall pass upon the sufficiency
of the petition having the requisite validity and number of signatures
required thereon, but not the cause stated therein. No signature shall
be counted as valid which is dated more than sixty (60) days prior
to the date the petition is tendered for filing. The decision of the
Borough Manager shall be subject to review by the Court of Common
Pleas of Chester County, Pennsylvania, on appeal filed within thirty
(30) days of the date of the decision of the Borough Manager by the
Member of Council or Mayor named in the petition or any other interested
party.
If the Borough Manager or a court of competent
jurisdiction certifies the petition is sufficient, the Borough Manager
shall, within ten (10) days thereafter, notify the Member of Council
or Mayor named in the petition and all other Members of Council, by
registered mail or personal delivery by a competent adult, that the
petition has been filed and determined sufficient. The said Member
of Council or Mayor may resign from office and thereupon the recall
proceedings shall terminate.
A.
If the named Member of Council or Mayor does not resign
from office within thirty (30) days of notification of the filing
of the petition, Council shall direct the Board of Elections of Chester
County, Pennsylvania, to schedule a recall election. The recall question
shall be placed before the qualified voters of the ward or the Borough
at large, as the case may be, at the next primary, municipal or general
election to be held not less than thirty (30) days nor more than one
hundred and sixty (160) days after the aforesaid thirty (30) day period
has expired. A recall election may be held by special election according
to the provisions of the Pennsylvania Election Code. The named Member
of Council or Mayor may resign at any time prior to the recall election
and thereupon the election shall not be held.
B.
The question to be presented to each qualified voter
in the recall election shall be: "Shall (name of Member of Council
or Mayor) be recalled and removed from the office of (Member of Council
from the __________ Council ward, or Mayor)?" A provision shall be
made for the registered voters to vote "Yes" or "No" on the question.
If a majority of the registered voters who vote on the question shall
vote "Yes," the Member of Council or Mayor shall be deemed recalled
and removed from office. Otherwise, the elected official shall remain
in office. The effective date of the removal from office shall be
seven (7) days after the date of certification of the election according
to the provisions of the Pennsylvania Election Code.
No person who has been removed from office by
recall election or who has resigned from office after a recall petition
directed to him or her has been filed, shall be eligible for appointment
to fill a vacancy in the office of Member of Council or Mayor for
a period of four (4) years after his or her removal or resignation.
