OFFICIAL OPINION No. 6

OFFICIAL OPINION No. 6 County Government-Vacancy in position of Sheriff-Validity of commission issued by Governor-Duration of term. 1. Article IX, Section 4 of the Pennsylvania Constitution requires that all va- cancies for county offices such as sheriff shall be filled as provided by law. 2. The applicable law is Section 409 of the County Code of August 9, 1955, P. L. 323, 16 P. S. § 409, which specifically directs that the person appointed by the Governor to fill a vacancy, including that of county sheriff, shall con- tinue therein and discharge the duties thereof for the balance of the unexpired term. 3. The sheriff appointee shall hold office until the first Monday of January, 1974. 16 OPINIONS OF THE ATTORNEY GENERAL John N. Scales, Chairman Pennsylvania Democratic State Committee 510 North Third Street Harrisburg, Pennsylvania Dear Mr. Scales: Harrisburg, Pa., March 3, 1971 This will follow up my letter to you of March 1, 1971 concerning the vacancy in the position of Sheriff of Juniata County. We have extensively researched the question as to said vacancy and whether the commission, as issued by the Governor, to run for the unexpired term of the deceased incumbent, was proper. Article IX, Section 4 of the Constitution requires that, for county offices such as these, all vacancies shall be filled in such manner as may be provided by law. The applicable law in this regard is Section 409 of the County Code of August 9, 1955, P. L. 323, 16 P. S. § 409, which specifically directs that the person appointed by the Governor to fill the vacancy, including that of sheriff, shall continue therein and dis- charge the duties thereof for the balance of the unexpired term. Accordingly, it is our opinion that the sheriff appointee shall hold office until the first Monday of January, 1974. Sincerely yours, J. SHANE CREAMER, Attorney General.