Because of the death of one of its members and the frequent absence of some of the others, Coaldale Borough Council finds itself between a rock and a hard place.

The situation came to a head on March 21 when its regular monthly meeting had to be scrapped because just three of its six remaining members showed up, but at least four are needed in order to conduct official business.The death of Harry Hontz Jr., 58, on March 10, who also served as chair of the Police Committee, will require council to appoint a replacement within 30 days of his death. He, council President Angela Krapf, Vice President Claire Remington and member Yvonne Stoffey have been the mainstays in achieving a quorum in recent months. One council member has been ill; one works out of town, and the other has missed almost all meetings during the past year, it was reported.Even major ordinances have been decided by just four of the seven council members. For example, at a special six-minute meeting last Dec. 20, the four members adopted the 2017 budget which contains a 2-mill real estate tax increase.The Borough Code, by which nearly all boroughs in the state operate, does not contain an attendance policy, and individual boroughs cannot mandate one. According to Edward J. Knittel, senior director, education and sustainability for the state Association of Boroughs, the Borough Code had contained an attendance policy, but it was outlawed by a 1998 state Supreme Court ruling brought in a case in Cumberland County.Before the ruling, the Borough Code contained a provision that prohibited a member of council from missing three meetings in a row. Without any stick to force attendance, the only recourse now is to persuade absent members to fulfill their duties more conscientiously, ask them to resign if they are unable or unwilling, or persuade the electorate to vote them out of office if they seek re-election in the next municipal election.One of the Coaldale council members who has missed about half of the meetings in the past year is Frank Hutta. His term is up at the end of the year; he said he is not seeking re-election because his job frequently takes him out of town, so he can't make all of the meetings. Council is depending on him, however, to make up a quorum at an upcoming special meeting to help choose a new council member.Three council seats are available in this year's election. According to the Schuylkill County Bureau of Elections, council President Krapf, a Democrat, and deceased member Hontz, a Republican, were among the four who filed for office.Two other Republicans, Joel Johnson, who is also running for re-election as mayor, and Ann Girard, are seeking nominations in the primary election.Herb Whilden is challenging Johnson for the Republican nomination for mayor. No Democrats have filed. According to restrictions in the Borough Code, Johnson cannot hold the two offices simultaneously, even if he is elected to both.Knittel said while it is rare for a municipal body to cancel a meeting for lack of a quorum, it does happen from time to time. He said that he wouldn't be overly concerned if it occurs just once in a while, but it would get to be a problem if it happens "five or six times." He said no borough officials have indicated that they are having attendance problems.Knittel said there are any number of circumstances that could lead to canceling a meeting, including illness, weather or when members are away on business or vacation.Some municipal and school board members who vacation in warmer climates, such as Florida, will participate by phone or on Skype.Knittel said that while this is perfectly permissible, there must be a majority of council members physically present to constitute a quorum.Because Coaldale's population is less than 3,000, it can legally operate with a five-member council. To reduce its number from seven to five, council would have to file a petition with the Schuylkill County Court of Common Pleas, which would order a public hearing to allow residents to comment on the proposal.If approved, one seat would be eliminated in each of the two succeeding municipal elections. Council members serve four-year terms.By Bruce Frassinelli |

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