Vacancies, how filled. 799. All vacancies which may happen in the said board as hereby constituted shall be filled in the manner as is now provided by law for vacancies in school boards.8 Annual organization of board. Officers. 800. The board of controllers shall annually, on the Thursday succeeding the municipal election, meet and organize by choosing a president and secretary, who shall be members of the board.9 Vacancies in offices of board. 801. In case of any vacancy in any of the said officers by death, resignation or otherwise, such vacancy shall be forthwith filled by said board of control for the remainder of the school year.10 Salary of the secretary. 802. The secretary shall receive such salary board may determine " Bond of secretary. Amount. Condition. as the 803. Every secretary of the board of school control, in cities of the third class within this Commonwealth, shall be required, before entering upon his duties, to give a bond, with two approved sureties, in the sum of two thousand dollars, conditioned for the faithful performance of the duties of the office and the proper accounting for all money, books and vouchers that may come into his possession.12 Election of two controllers for the same term. 804. In all cases where two members of said board are required to be elected to serve for the same term, each of said qualified voters shall vote for one person as a member of said board of school controllers for said term, and the two persons having the highest number of votes shall be declared Vacancies for unexpired terms. 805. When a vacancy or vacancies shall occur in the office of school controller, by death, resignation, or in any other manner than by the expiration of the term for which any school controller shall be elected, so that more than two school controllers must be elected at the succeeding municipal election in any ward of said city.14 For whom electors shall vote. Tickets to designate term. 806. The qualified voters of such ward, in addition to the one school controller to be voted for by each elector to serve four years, shall vote for one person to fill each of such unexpired terms by designating upon the ticket to be voted the number of years for which such school controller is elected, and each elector shall vote for but one person to fill such unexpired term.15 Case of two or more vacancies. 807. If there be two vacancies for the same term, then the two candidates having the highest number of votes shall be declared elected; and if there should be but one vacancy for any unexpired term, then the candidate having the highest number of votes for said term shall be declared elected. 16 Proviso. Election of controllers in cities of fifteen or more wards. 808. In cities of the third class of fifteen wards or more, each ward shall elect but one controller; those elected from even numbered wards at said first election to serve two years, and those from odd numbered wards for four years; thereafter, every two years, alternately, they shall elect one each to serve for four years."7 Proviso. Act not applicable in certain respects to cities of the third class constituting one school district. 809. The provisions of this act shall not be applicable to the election of directors or controllers of the public schools, to the organization of the school board, to the 14. Act June 16, 1891, Sec. 1, P. L. 306. 15. Act June 16, 1891, Sec. 1, P. L. 306. 16. Act June 16, 1891, Sec. 1, P. L. 306. 17. Act June 16, 1891, Sec. 1, P. L. 306. any election of school treasurer or of any other officer of said board, to the receiving and collection of school taxes in city of the third class constituting one school district.18 Districts may retain old laws governing them upon certain conditions. Certificate of non-acceptance to be filed. 810. The said district shall be governed by laws heretofore enacted, applicable to the same, if the acceptance of this act, required by the 57th section hereof, shall be accompanied by a certificate from the school district, signed by the proper officers thereof, expressing its desire to retain the laws governing it independent of this statute, otherwise this act shall govern the same.19 Proviso. Boards may accept provisions of the Act of June 16, 1891, P. L. 306. 811. It shall be lawful for such board, in its discretion, by a vote of its members as aforesaid, from time to time, to accept any of the provisions of this act regulating school matters, and after such acceptance, duly recorded on the minutes of said board, said provisions so accepted shall be the law of such district.20 Effect of the Act June 16, 1891, as to repeal. 812. This act shall not operate to repeal any act or part of an act heretofore passed, except in so far as the same may affect the representation in boards of school controllers in cities of the third class." Members of school boards prohibited from holding the office of secretary thereof. 813. That from and after the passage of this act, it shall not be lawful for any director or member of the board of 18. Act June 16, 1891, Sec. 1, P. L. 306. 19. 20. Act June 16, 1891, Sec. 1, P. L. 306. Act June 16, 1891, Sec. 1, P. L. 306. 21. Act June 16, 1891, Sec. 2, P. L. 306. Note-The above Act of 1891 is an amendment to section 41 of the municipal Act of May 23, 1874, P. L. 254. The Act of May 23, 1889, P. L. 274, "constituting each city of the third class a single school district, providing for the election of its school controllers, the levy and collection of taxes and management of its affairs," was held to be unconstitutional in Commonwealth vs. Reynolds, 137, Pa. 389. The Act of 1891 is constitutional. Commonwealth vs. Gilligan, 191 Pa. 504. See also Commonwealth vs. Guthrie, 203 Pa. 204; Commonwealth vs. Middleton, 210 Pa. 582, 1905. school control, in any city of the third class, within this Commonwealth, to hold the office of secretary of said board, or to be employed by said board, while a member thereof, in any capacity in which there is any compensation attached. 2 Wilfully drawing warrant for payment of persons employed contrary to the act, declared a misdemeanor. 814. Any officer wilfully drawing any warrant, or passing any voucher, for the payment of any person elected, or · employed contrary to the provisions of section one of this act, shall be guilty of a misdemeanor, and on conviction thereof be punished by a fine not exceeding one thousand dollars, and imprisonment not exceeding one year, or both, or either, at the discretion of the court.23 Oath of controllers. Form of oath. Copy to be filed. 815. All persons elected to the office of school director, after the passage of this act, in the Commonwealth of Pennsylvania, shall, before entering upon the duties of such office, shall take and subscribe to an oath or affirmation, that he will support the constitution of the United States and the constitution of the Commonwealth of Pennsylvania and the laws thereof; that he has used no unlawful means to procure his election to said office, and that he will discharge the duties of said office, for the district in which elected, 22. Act June 11, 1885, Sec. 1, P. L. 108. Note-This section is valid. Commonwealth vs. Baker, 13 D. R. 448, 1904. The 1st section of the act of June 11, 1885. P. L. 108, prohibiting any member or director of the board of school control in any city of the third class to hold the office of secretary of said board, or to be employed by said board while a member thereof in any capacity to which there is any compensation attached, does not violate Art. III, sec. 7, of the Constitution of Pennsylvania, prohibiting special and local legislation. There is no constitutional objection to the classification of school districts. Commonwealth ex rel. Mizener vs. Baker, 13 D. R. 448, 1904. Commonwealth vs. Gilligan, 195 Pa. 504, 1900. City of Erie School District vs. Smith, 195 Pa. 515, 1900. Commonwealth vs. Howell, 195 Pa. 519, 1900. 23. Act June 11, 1885, Sec. 2, P. L. 108. faithfully and impartially, and to the best of his understanding and ability; which oath or affirmation shall be taken before a justice of the peace, notary public or some other officer authorized to administer oaths,* and a copy of the same shall be entered upon the minutes of the board of school directors of the proper district.24 Controllers may administer oath to each other. 816. On and after the passage of this act it shall be lawful for school directors in the various school districts in this Commonwealth to qualify each other, by oath or affirmation, that they will faithfully discharge the duties of said office, and that they be authorized to certify the same to the proper authorities. 25 Secretary to qualify president. 817. In the organization of a school board it shall be the duty of the person chosen to act as secretary to qualify the person chosen to act as president, and the president in turn shall qualify all the other members of said board. 26 School treasurer. 818. The city treasurer shall ex-officio be school treasurer, and before entering upon the duties of his office shall give bond to the school directors conditioned for the faithful performance of his duties, in such amount as the board shall direct, and with such sureties as shall [be] by them approved, and shall also before he enters upon his office, take and subscribe an oath or affirmation of like nature as is herein before prescribed for the city treasurer. 27 Separate office of school treasurer in cities of the third class was not abolished by act of May 23, 1874. Additional compensation. 819. The municipal corporations act of May 23, 1874, P. L. 230, by section 42 of which it is provided that the city treasurer shall ex-officio be school treasurer in cities of * See Infra, 816, 817. 24. Act April 16, 1891, Sec. 1, P. L. 22. 25. Act June 25, 1895, Sec. 1. P. L. 284. 26. Act June 25, 1895, Sec. 2, P. L. 284. 27. Act May 23, 1874, Sec. 42, P. L. 256. This act is constitutional. Commonwealth vs. Middleton, 210 Pa. 582, 1905. |