In Re Petition to Recall Reese

OPINION

ZAPPALA, Justice.

The question we address is whether the recall provisions of the Kingston Home Rule Charter are constitutional. For the reasons set forth below, we find that these provisions violate Article VI, § 7 of the Pennsylvania Constitution. We therefore affirm the order of the Court of Common Pleas of Luzerne County.

Kingston, a municipality of approximately 15,000 citizens, is a home rule municipality, which form of government became effective in January, 1976. On November 2, 1993, Appellee, the Honorable Gary R. Reese, was elected to the office of mayor.

On March 6, 1995,…