Borough Mayor Owns/Operates Several Borough Businesses

[Mr.Fix_It]

Hi. State of PA. My local codes do not stipulate anything, but I'm curious about the legality of an illegitimate mayor (was elected without residing in the borough, as required) who is using his position as mayor to benefit his businesses.

For example, this mayor canceled our community Halloweed parade and trick or treat due to covid, while holding a ribbon cutting ceremony, inside, with food, for more than 50 people, to open a new business that the mayor owns.

This mayor also used his veto ability to veto zoning changes (that council approved), in order to prevent development nearby his own business.

Is there any recourse here? Mayoral requirements are clear- must be a resident and at least 18. The mayor is not a resident. Period.

[adjusterjack]

You live in a small town run by Boss Hogg. Sorry about that. The reality is that you aren't likely going to get enough people together for an impeachment so your next shot is to vote him out of office at the next election.

[bcr229]

The Secretary of State's office is in charge of overseeing elections. I don't see anywhere that the prior election results can be challenged based on the mayor not residing in the borough.

If the mayor runs again during the next election cycle there should be a way to challenge him being included on the ballot if he has not changed his residency. These links should get you started with researching that process.

https://www.votespa.com/Your-Rights/...omplaints.aspx

https://www.votespa.com/Resources/Pa...Officials.aspx

[Taxing Matters]

Hi. State of PA. My local codes do not stipulate anything, but I'm curious about the legality of an illegitimate mayor (was elected without residing in the borough, as required) who is using his position as mayor to benefit his businesses.

If he won the election and his qualifications were not challenged prior to the election then he is the mayor until either a court or the voters remove him from office. The issue of his residency doesn't affect the other issues that you have.

For example, this mayor canceled our community Halloween parade and trick or treat due to covid, while holding a ribbon cutting ceremony, inside, with food, for more than 50 people, to open a new business that the mayor owns.

Are ribbon cutting ceremonies also done for businesses that the mayor does not own?

This mayor also used his veto ability to veto zoning changes (that council approved), in order to prevent development nearby his own business.

That's something you'd run into regardless of who is mayor. If the mayor lived in town and the zoning affected where he lived in a way he did not like he could veto that change and there'd be nothing illegal about that. It would be different if he took an action that was specifically targeted to benefit one of his businesses rather than an action that was more general in nature. For example, a mayor, governor, or president might veto a tax increase in part because it would increase the taxes he/she pays and he/she doesn't want that. That's not illegal. He or she is vetoing a bill that would affect everyone the same; it's not something that would just benefit him/her over everyone else. On the other hand, it's a problem if he were to do something like promote a bill that would only give his businesses a tax break and no others.

Is there any recourse here? Mayoral requirements are clear- must be a resident and at least 18. The mayor is not a resident. Period.

Again, that fact does not help you with the other issues. For now, he is the mayor and gets to exercise the powers of that office. You may see an attorney about the possibility of a court action to remove the mayor from office, start a recall action (which is what I think Jack meant rather than impeachment), file a court action to object to him being on the ballot next election if he still doesn't meet the residency requirements, and can organize voters to get someone else elected next time. Those things may get him removed from office, but they won't affect the actions he's taken while in office.

[budwad]

This mayor also used his veto ability to veto zoning changes (that council approved), in order to prevent development nearby his own business.

Then if the mayor has veto power in your form of municipal government, the council must also have the power to override the veto. Why didn't they?