§ 23.3-306. Vacancies.

 A. The office of a Council member shall become vacant upon death, legal incompetency, resignation, removal from office in any manner authorized by law or this Charter, or final Order by a Court of Competent Jurisdiction that said office has been forfeited.

 B. The office of a Council member shall be forfeited if the Council member:

   1. Lacks any qualifications for the office prescribed by this Charter or by law;

   2. Violates any express prohibition of the Charter; or

   3. Is convicted of embezzlement of monies, bribery, perjury, or other infamous crime.

 C. The following procedure shall be followed to determine whether a forfeiture has occurred:

   1. Council shall hold a public hearing to decide whether a petition shall be filed in the Court of Common Pleas of Montgomery County, Pennsylvania to determine whether the office of a Council member has been forfeited.

   2. Notice of such public hearing with the purpose, date, time and place specified shall be advertised once in at least one newspaper of general circulation within the Township not less than ten (10) days prior to the hearing. Council shall cause such notice to be sent by certified mail to the named Council member not less than ten (10) days prior to the hearing.

   3. Within five (5) days following the public hearing, Council shall determine, by resolution, whether the said petition shall be filed.

 D. If a vacancy shall occur in the office of Council member for any reason set forth in this Charter, the remaining members of Council shall, by simple majority vote, not less than thirty (30) days nor more than forty-five (45) days following the vacancy, appoint a person qualified to hold such office in accordance with § §  23.3-303 and 23.3-305 of this Charter. If Council shall refuse, fail or neglect or be unable, for any reason whatsoever to fill a vacancy within forty-five (45) days after the vacancy occurs, then the Court of Common Pleas of Montgomery County, Pennsylvania shall, upon Petition of the Council, of any individual Council member or of any twenty-five (25) qualified electors of the Township, fill the vacancy in such office by the appointment of a qualified elector of the Township in accordance with § §  23.3-303 and 23.3-305 of this Charter.

   This section cited in 346 Pa. Code §  23.3-303 (relating to terms).