CENTER TWP — The township supervisors will challenge the constitutionality of a referendum passed Nov. 6 by township voters, which reduces the number of supervisors from five members to three.

Supervisor Chairman Ron Flatt and supervisors Ed Latuska and Ken Frenchak voted Wednesday night to challenge the referendum, while Vice Chairman Andrew Erie and Supervisor Philip Wulff voted no.

Township solicitor Michael Gallagher will take action to challenge the referendum, Flatt said, and any expenses, including Gallagher’s fees, will be charged to the township.

But Erie said to his fellow supervisors, “I think the people of Center Township already have spoken. You want to use (taxpayer) money to sue the people of Center Township.”

The referendum, which removes all five supervisors and allows selection of three new supervisors in April, passed on a vote of 2,201 to 1,701.

While the municipal planning code allows for the referendum, the state constitution declares that a supervisor with time left in office can only be removed by the governor, with cause, and even then only following a hearing before the state senate.

“I do not think it is wise for us to sit back and let this constitutional issue hang over the municipality,” Flatt said.

“The constitution of the Commonwealth of Pennsylvania is violated, and that overrides the second-class township code (which applies to Center and allows for the referendum).”