OPINIONS
OF THE AITORNEY
15
GENERAL
The question arises as to whether this is proper in view of Section
9 lo-A( a) which provides that when there are fewer than 13 school
districts within an intermediate unit there shall be at least one director
from each school district elected to the intermediate unit.
The first fact to be noted is that the 13 present directors were properly elected at that time. It therefore appears that, having been properly
elected and having assumed office, these gentlemen shall hold that office
to such time as the law declares a vacancy to exist.
Section 910A(d) provides that vacancies on an intermediate unit
board of directors occur upon “the death, resignation, or removal of
an intermediate unit director, or when he no longer holds office as a
school director.”
Act of July 8, 1968, P. L. -, No. 150, Section 8(a), 24 P. S.
8 2400.8 (a) provides “All school directors of the component school districts forming an administrative unit . . . shall serve out the terms of
office for which they were elec’ted.”
As the gentlemen in question continue to be school directors under
the above, no vacancies exist and each member of the present intermediate board is entitled to serve out the term for which he was elected
to that board. Of course, as vacancies do occur involving the districts
with multiple representation, those vacancies must be filled by members of the boards of directors of the presently unrepresented school
districts.
Sincerely yours,
J. SHANE CREAMER,
Attorney
OFFICIAL
County Government-Vacancy
issued by Governor-Duration
General.
OPINION No. 6
in position of Sheriff-Validity
of term.
of commission
1. Article IX, Section 4 of the Pennsylvania Constitution requires that all vacancies for county offices such as sheriff shall be filled as provided by law.
2. The applicable law is Section 409 of the County Code of August 9, 1955,
P. L. 323, 16 P. S. I 409, which specifically directs that the person appointed
by the Governor to fill a vacancy, including that of county sheriff, shall continue therein and discharge the duties thereof for the balance of the unexpired
term.
3. The sheriff appointee shall hold office until the first Monday of January,
1974.
16
OPINIONS
OF THE ATTORNEY
GENERAL
Harrisburg, Pa.,
March 3, 1971
John N. Scales, Chairman
Pennsylvania Democratic State Committee
510 North Third Street
Harrisburg, Pennsylvania
Dear Mr. Scales:
This will follow up my letter to you of March 1, 1971 concerning
the vacancy in the position of Sheriff of Juniata County.
We have extensively researched the question as to said vacancy and
whether the commission, as issued by the Governor, to run for the
unexpired term of the deceased incumbent, was proper.
Article IX, Section 4 of the Constitution requires that, for county
offices such as these, all vacancies shall be filled in such manner as may
be provided by law. The applicable law in this regard is Section 409
of the County Code of August 9, 1955, P. L. 323, 16 P. S. 8 409, which
specifically directs that the person appointed by the Governor to fill
the vacancy, including that of sheriff, shall continue therein and discharge the duties thereof for the balance of the unexpired term.
Accordingly, it is our opinion that the sheriff appointee shall hold
office until the first Monday of January, 1974.
Sincerely yours,
J. SHANE CREAMER,
Attorney
OFFICIAL
Reapportionment-Certification
complete reapportionment.
General.
OPINION No. 7
of census-Time
available
to municipalities
to
1. Article IX, Section 11 of Pennsylvania Constitution requires that reapportionment take place “. . . within the year following that in which the Federal
decennial census is officially reported as required by Federal law.”
2. The critical year is the one in which the Secretary of Commerce reports the
census count to the President and not the year in which the certified figures
are made available.