A West York bar owner appointed to fill a vacant seat on borough council might not meet a residency requirement.
Ronald "Skip" Franklin II, the man appointed to fill the open seat, said he moved into the borough last fall.
However, the state's Borough Council Handbook states that anyone running for elected office or who is appointed to an elected position to fill a vacancy must have lived in the municipality he or she wishes to represent for a year.
"It's been about eight months," he said of when he moved into the borough. "I get mail. My license and everything is right here on (West) King Street."
York County Tax records indicate Franklin, who owns the Overbook Café, bought two houses, one of which he lives in, in the 1200 block of West King Street on Sept. 7.
Appointment: Franklin was narrowly appointed this week to fill the seat left vacant when Dawn Shue resigned from the council last month.
Mayor Sam Firestone cast the tie-breaking vote in favor of Franklin's appointment, said council president Steve Herman.
Herman, vice president Shane Louthian and councilwoman Nancy Laird voted to appoint Franklin while council members Annette "Chickie" Christine, Shelley Metzler and Brian Wilson voted against, Herman confirmed.
When asked about if Franklin meets the residency requirement, Herman declined to comment other than to say; "The subject of Mr. Franklin is with the attorney (borough solicitor Mieke Driscoll)."
Driscoll could not be reached for comment.
But the subject of Franklin's appointment could be an issue if someone challenges it, said Nikki Suchanic, director of elections for York County.
"Someone can file an objection at any point," she said.
Wilson said he plans to file the needed paperwork to have Franklin removed from council.
"I believe he should be removed immediately," Wilson said.
If the paperwork is filed, a county judge would have to make a ruling on whether or not Franklin meets the residency requirement.
Election: Franklin will also appear on the primary ballot as a Republican candidate for the council.
While his appointment to the council could be challenged, his bid to be elected to the seat cannot, said a spokesman with the state's Department of State.
According to the Pennsylvania Constitution, a candidate must by a resident of a municipality he or she wishes to represent for one year before the election, said Ronald Ruman, the department's press secretary.
"I would read that to say that is the (general) election," he said.
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