Home Rule for Pennsylvania Counties. Cumberland County Commissioners June 2014

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Carmella Webster
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1 Home Rule for Pennsylvania Counties Cumberland County Commissioners June 2014

2 Home Rule Overview What Is Home Rule? Why Home Rule? What is the Home Rule Process? 2

3 What is Home Rule? Home Rule Basics Municipalities shall have the right and power to frame and adopt home rule charters. Adoption, amendment or repeal of a home rule charter shall be by referendum A municipality which has a home rule charter may exercise any power or perform any function not denied by this Constitution, by its home rule charter or by the General Assembly at any time. Pennsylvania Constitution, Article IX, Section 2 3

4 What is Home Rule? The Home Rule Concept The basic authority to act in municipal affairs is transferred from state law, as set forth by the General Assembly, to a local charter, adopted and amended by the voters. Under the state code, a county can do only what is permitted by law. Under home rule, it can do anything not prohibited by law. 4

5 What is Home Rule? Major Principles of Home Rule Reverses traditional governing relationship (Dillon s Rule) Shifts responsibility from state legislature to local citizens Allows for self-determination Allows for flexibility in defining the structure, powers, and functions of your county government Opportunity to create a government that best meets the particular needs of your county 5

6 What is Home Rule? Home Rule Limitations United States Constitution Pennsylvania Constitution State laws Specific restrictions--act 62 Laws that are uniform & applicable throughout the Commonwealth Laws directed expressly at home rule governments Your charter, which is a Constitution for your county 6

7 What is Home Rule? Restrictions in State Law Arbitration/Labor Relations Boundary Change Law Independence of Municipalities Election Code Ethics Law Recall Reapportionment Sunshine Law Open Records Law 7

8 What is Home Rule? Specific Restrictions Local Agency Law Tort Claims Unit Debt Act Taxation Subjects Court Appointed Personnel Veterans Preference Clean Streams Sewage Facilities Act Storm Water Management Act 8

9 What is Home Rule? Specific Restrictions Recycling & Waste Reduction Act Vehicle Code Firearms/Hunting Regulations Private Business Limitations Regulation Of Utilities Eminent Domain Local Government Autonomy Zoning - Pennsylvania Municipalities Planning Code 9

10 Why Home Rule? Common Reasons for Home Rule Charters Residual powers write own administrative code Increased citizen access initiative & referendum Improved accountability & responsiveness Improved fiscal procedures & controls Flexibility Professional administration Wider representation Focused political leadership Separate legislative & executive functions 10

11 Why Home Rule? Common Reasons for Home Rule Charters Better checks and balances Improved transparency Address disconnect: commissioners/row officers Better decision making Separate executive Clear lines of authority and unity of command Uniformity in personnel matters/merit hiring & advancement Elimination of duplication and overlap Strengthen, make more efficient, economical... 11

elect members of GSC (7,9, or 11) GSC conducts study (9, 18, or 20 months)

12 Home Rule Is A Process -- Overview Voters create GSC by referendum Through Petition or governing body Three possible questions OP, HR, HR/OP Voters elect members of GSC (7,9, or 11) GSC conducts study (9, 18, or 20 months) Voters accept or reject recommendations Transition period/ Implementation 12

13 Home Rule Is A Process Voters Select Study Commission Members Registered voter, no other requirement Current Commissioners and Row Officers eligible Non Partisan Election, No Party label Subject to election laws Need 200 or 2 % signatures to be on ballot 13

14 Home Rule Is A Process Generic Time Frame Public vote/referendum on H R Charter--any election occurring no sooner than 60 days after report is filed. Implementation of H R Charter--as determined by charter, but in most cases no sooner than January following a municipal primary and general election. 14

15 Home Rule Is A Process Role of Study Commission Members Study Study, Study, Study Not Inquisitors Interview Current Officials Other Counties Study other forms of County Government Visit other Counties Conclusion / Recommendation After Hard, Detailed, Involved Work 15

16 Home Rule Is A Process Conclusion / Recommendations: No Change Offer Recommendations Optional Plan Form (Depending on Ballot) Executive (Mayor) Council Plans A, B, C Council Manager Plan Existing County Form Small Municipality Form 16

17 Home Rule Is A Process Conclusion / Recommendations: Home Rule Charter A Constitution for the County Scope of Powers Form of Government Other Matters General Provisions 17

18 Home Rule Charter A Constitution for the County Define powers and form of government May exercise any powers not denied by US or State Constitution the Charter itself the General Assembly from time to time All grants of powers liberally construed Area wide powers Opt Out provision Limitations (previously described) 18

19 Executive/Council Plan Electorate Council members Executive Row Officer?????? Row Officer?????? Row Officer?????? Row Officer?????? Managing Director (mandated under Plan "C") Department A Department B Dept. of Administration (mandated under Plan "B") 19

20 Council/Manager Plan Electorate Council members Row Officer?????? Row Officer?????? Row Officer?????? Row Officer?????? Manager Department A Department B Department C 20

21 Questions and discussion 21

22 Home Rule for Pennsylvania Counties Cumberland County Commissioners June 2014

Home Rule in Pennsylvania

Home Rule in Pennsylvania July 11, 2009 Presentation by: Harry Krot, Local Government Policy Manager Governor s Center for Local Government Services PA Dept of Community and Economic Development 1-888-223-6837