Weissport files to fill seats
Weissport Borough has taken its first formal step toward restoring its borough council, which has been unable to function for months due to a lack of quorum.
On April 25, a petition was filed with the Carbon County Court of Common Pleas requesting that Shelley Fisher be appointed to fill one of the vacant council seats.
The petition was submitted on behalf of at least 15 registered electors of Weissport and is in accordance with Section 901(e) of the Pennsylvania Borough Code, which permits the court to make appointments when vacancies exist in more than a majority of council seats.
The document, prepared by borough solicitor Gregory L. Mousseau, noted that “three vacancies have occurred in the office of member of council.”
It further notes that the petitioners “respectfully request the court to issue an order filling the vacancies.”
Attached to the petition is a list of over 20 signatures from Weissport residents, including their addresses and voter status, in support of Fisher.
Fisher, whose profession is listed as “school bus aide,” resides on White Street in Weissport, according to the petition.
The filing comes after months of governmental gridlock in Weissport, following a series of resignations that left the borough council without enough members to form a quorum. In order to conduct business or make appointments, at least three council members must be present. As of now, only Arland Moyer Sr. and Bill Hartzell remain on the board.
Thomas Ketchledge resigned as council president in February, citing personal reasons. Brenda Leiby and Joe Foster followed with resignations in March, also for personal and medical reasons. The last resignation letter was dated March 11.
At a prior meeting, Mousseau advised that none of the resignations had been officially accepted by the council, which is necessary under Pennsylvania law. However, under the Borough Code, “a resignation that is not accepted by a quorum of borough council shall be deemed acceptable after 45 days.”
April 25 marked the 45-day point from the final resignation, thereby enabling Weissport to seek a judicial appointment.
With council unable to meet due to the lack of quorum, Weissport also could not invoke other remedies provided in the Borough Code. Typically, a council has 30 days to fill a vacancy. If it fails, the borough’s vacancy board has 15 days to act. However, Weissport has no vacancy board, eliminating that option.
Under Section 901(e), when vacancies exist in more than a majority of the council seats, the court may fill them upon receiving a petition signed by at least 15 registered electors.
Adding to the borough’s administrative difficulties, Aimee Shank, the secretary/treasurer, resigned earlier this month after accepting a new position as a secretary with the district judge office in Jim Thorpe.
Until the court appoints at least one new council member, Weissport remains unable to conduct any official business. The next scheduled general meeting of the Weissport Borough Council is May 19.