Pennsylvania Advisory Opinions December 01, 1909: AGO 19

Advisory Opinion Text

COUNTY OFFICERS' TERMS.

County officers elected on Nov. 2, 1909, should be commissioned for three years, and will hold office "until their successors shall tie duly qualified," there being no express provision to carry into effect the ninth amendment to the constitution (P. L. 1909, page 953), adopted on the same election day, changing the terms of county officers to four years instead of three.

Office of the Attorney General, Sir: Your letter, in which you ask my opinion as to whether county officers elected at the election held on November 2,1909, should be bonded and commissioned for the term of three years, as heretofore, or for the term of four years, received.

The election on November 2, 1909, was held under the provisions of the Constitution as it then existed, wherein it is provided in Article XIV, Section 2, that:

"County officers shall be elected at the general elections and shall hold their offices for the term of three years beginning on the first Monday of January next after their election and until their successors shall be duly qualified. All vacancies not otherwise provided for shall be filled in such manner as may be provided by law."

While the Ninth Amendment to the Constitution, adopted at the election held on the same election day, altered this section so as to provide that the terms of county officers shall be four years instead of three years, as heretofore, yet there is no express provision in the amendment or in the schedule, adopted to carry the several amendments into effect, extending the terms of county officers whose terms of office are fixed by the Constitution. The Schedule provides that

"In the case of officers elected by the people ,all terms of office fixed by Act of Assembly at an odd number of years shall each be lengthened one year, but the Legislature may change the length of the term, provided the terms for which such officers are elected shall always be for an even number of years."

"The above extension of official terms shall not affect the officers elected at the general election of one thousand nine hundred and eight, nor any city, ward, borough, township or election division officers whose terms of office, under existing laws, end in the year one thousand nine hundred and ten."

Inasmuch as the terms of county officers are fixed by the Constitution and not by Act of Assembly, this provision is inapplicable to such officers, and therefore does not authorize the adding of one year to the term of county officers.

It may well be that county officers hereafter can be elected only at elections held in odd numbered years, as provided in the Sixth Amendment, and therefore no election can be held in 1912 to fill the vacancies which otherwise would occur in such offices on the first Monday in January, 1913, with the result that such officers, elected in 1909, will be required to perform the duties and be entitled to receive the emoluments of their respective offices "until their successors shall be duly qualified," because no one will be duly qualified to take their places until after the election in 1913 shall have determined who are to be their sucessors. Nevertheless it is unnecessary to pass upon this phase of the matter at this time.

If there be any doubt as to this being the result of the adoption of the several constitutional amendments, it may be remedied by legislation before the question shall actually arise for determination.

I am of opinion, therefore, that county officers, elected on Tuesday, November 2, 1909, should be commissioned for three years from the first Monday in January, 1910, and until their successors shall be duly qualified, and should give bonds as required by law, conditioned to the same effect, and I advise you to issue the commissions and bonds accordingly.

Very respectfully yours,

M. HAMPTON TODD, ATTORNEY GENERAL.