Gibbons: Lawmakers can get voted out
June 3, 2009
ECO Staff – Laure Cioffi, senior journalist
Voters may soon have a chance to get rid of an unwanted elected official before their elected term is up.
 State Rep. Jaret Gibbons of Ellwood City has formally introduced legislation that would empower voters to recall state, county and local elected officials.
The two-bill package is comprised of H.B. 1562, which would amend the Pennsylvania Constitution to create the option of a recall, and H.B. 1559, which would establish the process for conducting a recall and prohibited practices.
“The constituents in my district have made it clear that they want the option to remove elected officials for crimes while in office or for failing to represent their interests in the community and Harrisburg,” Gibbons said. “I’ve introduced this legislation after talking with local officials and reviewing the process in other states, and I believe this is a balanced and fair approach that protects the interests of the public.”
Lawrence County Commissioners and the current Lawrence County treasurer were among those calling for the legislation.
“It all started with a discussion about the past situation and the current study commission,” said Lawrence County Commissioner Rick DeBlasio.
DeBlasio said all three county commissioners and Treasurer Richard Rapone met with Gibbons to talk about the options.
Many county residents had sought a recall provision when former Lawrence County Treasurer Gary Felasco was accused of stealing from his county office.
Felasco continued to collect his county paycheck, even after he was found guilty on theft charges. The current law does not permit an elected official to be removed from office until sentencing – which in Felasco’s case came months after his criminal trial.
Gibbons said judicial officers would be exempt from the recall he has proposed.
“In Lawrence County, there was interest in removing the former treasurer charged with and convicted of improper acts in performing official duties," Gibbons said. "There has been similar interest in separate cases in central Pennsylvania, but current state law does not contain a recall provision. My legislation would ensure the opportunity to remove elected officials in those instances.”
Gibbons said the recall process would begin with a court hearing to determine if there are grounds for a recall, including malfeasance or nonfeasance – bad acts in the performance of official duties, or failing to perform official duties – during an official's current or previous term in office. The grounds would not be limited to criminal activity. The legislation contains provisions to prevent abusing the recall process for political purposes and penalties for those who file in bad faith.
If the court finds that grounds exist for a recall, recall supporters would have 90 days to obtain signatures equaling 25 percent of the votes for that local office in the last election in order to put the recall question on the ballot. The signature requirement threshold would be reduced for a statewide office.
Gibbons said a recall election would be held at the next primary or general election.
“We’re all for it 100 percent,” DeBlasio said of Gibbons proposed legislation. |