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New tax collector law protects residents

A new law triggered by a former Mahoning Township tax collector who abandoned his office in 2013 is in full swing in Schuylkill County.

The law, an amendment to the 1945 rules governing tax collectors and introduced by state Rep. Doyle Heffley, R-Carbon, requires them to appoint deputies to take over their duties if needed.County treasurer Jacqueline V. McGovern on Feb. 4 said that all tax collectors in the county had already appointed deputies, most being tax collectors in neighboring municipalities.Also, beginning in October, tax collectors must complete a series of webinar courses to remain certified. In addition to a basic course, tax collectors will learn about state laws that govern their duties, auditing, accounting, ethics, computerization and recent court cases that affect tax collection."If a tax collector is in office prior to the law's effective date, he or she would not have to take a qualifying exam; he or she is considered qualified to serve, but will have to take continuing education courses," Heffley said. "If there is a break between a tax collector's terms, and the first of which occurred prior to the law's effective date, the tax collector would be qualified to serve another term as long as he/she continued to complete the continued education requirements."Heffley said he introduced the amendment in response to the situation involving former tax collector Richard Swarcheck of Mahoning Township.In mid-May 2013, after losing the Democratic nomination for another term, Swarcheck's office at 307 Ashtown Drive was closed. A sign on the door stated that "an emergency came up and I had to leave."Phone calls to his office and home were not returned, and angry and worried people lined up outside the office, wondering how they would pay their taxes.Later they would be able to pay their real estate and occupational taxes at the Lehighton Area School District office, and their local service and amusement taxes at the township office.In October 2013, township officials were in a quandary upon learning that Swarcheck was unable to fulfill his duties.No reason was given, and Swarcheck resigned later that month.Under law, the position of tax collector is not considered vacant unless that person has resigned, moved out of the taxing district, died or failed to take the oath of office or give bond.That left no one to collect taxes.In early December 2013, the township hired an accounting firm to audit Swarcheck's books.It also appointed an interim tax collector to serve until Paula Homm, who had won the primary election, could be sworn in on Jan. 1, 2014.But on Dec. 10, 2013, the township Vacancy Board filed a petition in county court asking to appoint Swarcheck to his original position as tax collector for the remainder of the year.The petition was approved on Dec. 13, and Swarcheck was reinstated.Appointing a deputy would have cut out a lot of confusion, Heffley said."Having a deputy tax collector in place would help eliminate the confusion among taxpayers faced with that type of situation," he said in May 2014 as he prepared to introduce the amendment."It is important that the tax collection process is easy for taxpayers to navigate."This bill added an important safeguard, guaranteeing that people get credit for paying their taxes on time even when a tax collector is not able to perform their duties," he said.