Westtown vacancy board appoints Frederick Magner despite resident’s Sunshine Law objection

The Westtown Township Vacancy Board voted July 6 to appoint Frederick Magner to the vacant supervisor seat, despite a resident’s allegation that the earlier appointment process violated the Pennsylvania Sunshine Law.

Robert R. Pingar, the vacancy board chairman, opened the special meeting at 5:02 p.m. and said the gathering was convened under Section 407 of the Second Class Township Code to fill the vacancy created when former supervisor Ed Yost resigned effective June 2, 2026. "Therefore, the vacancy board, this board of West Town Township is convened for the purpose of making an appointment to fill the vacancy," Pingar said.

During the nonagenda public-comment period a resident identified themselves as a West Town Township citizen and said the sequence of actions beginning May 18 and finalized at the June 15 board meeting had been "conducted in violation of the Pennsylvania sunshine law," citing Title 65, Part 2, Chapter 7, Section 708a. The resident asked the board to restart the process and hold deliberations in public.

Pingar and other board members responded that the prior appointment by the board of supervisors had been determined void because it lacked a motion and vote, and that state law gives the vacancy board authority to fill the seat when the board of supervisors does not do so within 30 days. A board member noted the vacancy-board notice had been published July 3 and that the board had received six letters of interest earlier; a seventh application arrived July 5.

A board member nominated Dr. Frederick Magner to fill the unexpired term; the motion was seconded in the meeting record. Chair Pingar called for a voice vote, saying, "All those in favor of appointing doctor Frederick Manger to the position of board of supervisors, please indicate by saying aye." He recorded the motion as carried after there were no opposed voices and announced, "Doctor Magner has been selected as the new supervisor for West Town Township." The board said the board of supervisors would take formal action to confirm the appointment and a swearing-in would occur that night.

The resident maintained that prior private deliberations about candidates should have been public and cautioned that proceeding without a full review could create further problems; the board said it had legal advice that the current process complied with Pennsylvania law.

The vacancy board’s action fills the unexpired term left by Ed Yost’s June 2 resignation; the board plans a swearing-in and the board of supervisors will confirm the appointment at a public meeting.