Interim Councilmember Vacancy
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Background Information
On January 5, 2026, Council Member Josh Portney submitted his resignation as a Member of Council. Mr. Portney’s resignation is effective January 13, 2026. Council will be asked to accept Mr. Portney’s resignation at the January 12, 2026, regular meeting. As of the effective date of Portney’s resignation, he will have served 24.5 months of a 48-month term.
Council shall have forty-five days from the date when Council accepts the resignation to fill the vacant seat. Given that Council will accept the resignation on January 12, 2026, Council must act on this appointment by no later than February 27, 2026, or the vacancy may be referred to the Centre County Court of Common Pleas. Furthermore, the Solicitor has determined that Council may not vote to appoint a qualified person before January 13, 2026, the date the seat becomes vacant.
As the resignation occurred more than 24 months from the date on which Mr. Portney’s term began; thus, under the Home Rule Charter, the appointment to fill the vacancy is for the period until January 1, 2028, the January following the next municipal election.
An amendment to the Pennsylvania Sunshine Act and subsequent case law requires that all Council deliberations and actions related to the filling of the elected official vacancy must occur in a public meeting pursuant to required public notice.
These eligibility requirements are set forth by the Home Rule Charter:
The qualifications for an individual to hold an elective office in State College are set forth in Section 401. This section requires that all elected officers must be qualified and registered voters of the Municipality at their time of election and all times during their tenure. Thus, any person that Council appoints to fill the vacancy must be a qualified and registered voter at the time of the appointment, and at all times during their tenure as a Member of Council. Council may not appoint a person to serve as a member of Council contingent upon their becoming a qualified and registered voter.
A second qualification involves the term-limit provisions of Section 402. This section requires any Member of Council that has served two consecutive terms or eight years, whichever is greater, may not serve again as a Member of Council until after an absence of two years. This provision applies to both a person that is elected or appointed to serve on Council. Thus, no member of Council that left office after December 31, 2020, is qualified to be appointed to fill the existing vacancy.
Finally, Section 403 sets forth the requirements for Council to fill the vacancy within forty-five days from the occurrence of the vacancy. The Solicitor has determined that because the resignation will be accepted at a public meeting of Council on May 2, 2022, and acknowledged by Council at that time, the occurrence of the vacancy is May 2, 2022. Council will have forty-five days from May 2, 2022, to fill the vacancy, or until June 16, 2022. If Council is unable to fill the vacancy by 11:59 PM on June 16, 2022, the matter becomes subject to a decision by the Centre County Court of Common Pleas to fill the vacancy based upon a petition by Council or by any five citizens of the Municipality.
The appointment by Council shall require a vote of four members. Section 702 of the Home Rule Charter precludes the Mayor from voting to break a tie in the event of a tie vote of Council. Only the six remaining members of Council are permitted to participate in the deliberations and vote to fill the vacancy. Once appointed, the person shall take the Oath of Office and shall serve until the next municipal election, in this case, until the new Council takes office in January 2024.