WILSON BOROUGH, Pa. — Wilson Borough Council successfully ousted one of their own after their solicitor navigated the legal pathways to vacate his seat at their Monday meeting.
Following a hearing to vacate the seat of Councilman Scott Palinkas where Solicitor Stan Margle presented evidence of numerous missed meetings and some unbecoming conduct, council opted to approve a motion to clear the seat.
While the hearing and resolution were listed as “removal of a councilperson,” Margle stated the actual action would be the declaration of a vacant seat — a legal distinction which essentially accomplished the same goal but within the parameters of council.
“I came across a little-known area of the law, and it's buried in the Borough Code, and we read it in the record, it’s Borough Code section 904, and it reads as follows: It is entitled ‘The right of council to declare a seat of the member of council vacant for failure to attend meetings.’”Wilson Borough Solicitor Stan Margle
“So I wrote to the Ethics Commission, I wrote to the state, I checked with our local representatives, and for some reason, I got lucky,” Margle said.
“I came across a little-known area of the law, and it's buried in the Borough Code, and we read it in the record, it’s Borough Code section 904, and it reads as follows: It is entitled ‘The right of council to declare a seat of the member of council vacant for failure to attend meetings.’”
Margle said the code allowed for council to vacate a seat if a member neglects or refuses to attend two successive meetings unless prevented by sickness or other matters, or if that member neglects to vote or refuses to act in their official capacity.
With a quorum and a majority vote, council can vacate that seat, Margle said.
Stating that Palinkas had not kept up with his duties for at least a year, Margle had advised council in January 2025 of the opportunity to vacate the seat, with council voting in approval.
Prior incidents
A history of Palinkas’s work with council showed at least four votes of no confidence against him — including one incident in which he allegedly got in a fight with a neighbor.
“It was inappropriate under the circumstance. I think Borough Council, to a person, was offended by the actions of Mr. Palinkas, and another vote of no confidence was taken at that time.”Solicitor Stan Margle
“[I]n short, Mr. Palinkas proudly manifested his position as Borough Council and in essence, stated that he couldn't be touched, that he kind of ruled with an iron fist, and he would do anything he wanted, and Borough Council and no one [else] could tell him what to do,” Margle said, later adding Palinkas had called the neighbor “the ‘B word’ multiple times.
“It was inappropriate under the circumstance. I think Borough Council, to a person, was offended by the actions of Mr. Palinkas, and another vote of no confidence was taken at that time.”
Palinkas’s numerous absences appeared to be the main point of contention.
“There were 15 absences. He did participate by phone in two of them, but there were 13 unexcused absences,” Margle said.
The solicitor said the absences exhibited a delay, obstruction, or negative impact on the administration of justice and the administration of council business.
Margle stated he had previously been able to reach Palinkas for phone calls, but after a while, he failed to answer or return calls.
Palinkas was served on Feb. 13 and given the opportunity to appear at Monday’s hearing to speak in his defense, though he did not show. Margle and the members of council said they had not communicated with Palinkas since that time.
Following the hearing, a resolution was introduced to vacate Palinkas’s seat with initial backing by Vice President Russ Lipari and seconded by Jeffrey Bracken. Council voted in favor, 8-0.
Margle detailed that any payments Palinkas had been receiving for his position ceased upon the adoption of the resolution.
Council now has 30 days to fill the vacancy for Ward 1, and if that seat remains open, the court could appoint a new member.
