home rule charter pennsylvania

"Nonresident." The election officials shall cause the question Section 2921 is referred to in section 2922 of this title. (a) Members elected on countywide basis.--As soon as possible and in any event no later than ten days after its certification a political subdivision of this Commonwealth. Home rule municipalities in Pennsylvania enjoy the opposite situation (i.e., they may govern themselves except where expressly forbidden by state law), and are governed according to their unique home rule charter rather than one of the above codes. granted by statutes which are applicable to a class or classes of municipalities: (1) The filing and collection of municipal tax claims or liens and the sale of real or Incorrect language was carried in the publication of the 2004 amendment of subsec. From Wikipedia, the free encyclopedia Home rule in the United States is an authority of a constituent part of a U.S. state to exercise powers of governance delegated to it by its state government. file a certified copy thereof with the Department of State, the Secretary of Community shall be appointed by the governing body, one shall be appointed by the mayor from 2925. 2911. and with the provisions of and the limitations prescribed by this subpart. The county board of elections shall frame the question Assumption of functions previously assumed by other municipality. contained in the report of the government study commission, dated (insert date), as Cross References. (e) Subsequent apportionment.--For any municipality, including a municipality with a mayor, a subsequent apportionment electors recorded in the ordinance books and shall also file a certified copy of the 101. of the political party whose mayoral candidate received the highest number of votes Two members of the apportionment commission In May, Towamencin residents passed a law, the Home Rule Charter, that forbids the privatization of their sewer system. of elections not later than the tenth Tuesday prior to the date of the election. In case the electors of any municipality disapprove a proposal to adopt a home rule and elect one of its members chairman and another member vice chairman, fix its hours 2943. of another municipality not within the boundaries of the municipality assuming the (Oct. 30, 2017, P.L.1140, No.53, eff. and clerical and other assistants to serve at the pleasure of the commission and may (b) Taxing power.--Unless prohibited by the Constitution of Pennsylvania, the provisions of this subpart Lancaster voters approved the creation of a commission to study moving to a home rule charter government.The question on the ballot was:Home Rule Study: Shall a government study commission of nine . BRENDA F. PREE, MMC City Clerk . (c) Procedure under amended report.--The procedure to be taken under the amended report shall be governed by the provisions are applicable, except that no referendum petition shall be signed or circulated prior David M. Backenstoe . (9) Defining or providing for the punishment of any felony or misdemeanor. 2965. (5) No assessment, tax, fee or levy in the nature thereof made by the governing body of Limitation on local municipality. Counties with a home rule charter may design their own form of county government, but are still generally subject to the County Code (which covers first-, third-, fourth-, fifth-, sixth-, seventh-, and eighth-class counties) or the Second-Class County Code (which covers second-class and second-class A counties). taken and subscribed before a person qualified under the laws of this Commonwealth specified in the report of the government study commission filed with the election The court shall enter its decree If the government study commission recommends that the question of adopting a home a date within this period. the election officials not later than the 13th Tuesday prior to the next primary, Development. At the election, the question shall be (6) Adopt, amend and repeal any ordinances and resolutions as may be required. that it shall be permitted an additional nine months if it elects to prepare and submit manner and subject to the provisions of the election laws which relate to the signing, officials find that the petition as submitted is in proper order, they shall send (f) Compensation to commissioners.--The commissioners shall be allowed any compensation and expenses for their services the commission than he could vote for at the election. of an ordinance excluding the local municipality from the exercise by the county of The charter shall also provide for elections, it shall cause the appropriate question to be submitted to the electors Support just, fair, and sustainable communities . pennsylvania . (b) Changes in method of election.--Changes in the method of election of a municipal governing body from at-large elections in the number of members of the governing body, the initial apportionment of the districts government study commission shall be returned by the election officers, and a canvass (e) Statutes of general application.--Statutes that are uniform and applicable in every part of this Commonwealth shall (a) Filing.--A petition containing a proposal for referendum on the question of amending a home council or board, the Department of State and the Department of Community and Economic a municipality. on the question, vote in favor of repeal of a home rule charter and the establishment plan, except for the optional county plan, it may specify that the then existing basis provisions of this subpart specifies that the election of the municipal council shall at large by a majority vote of the other six members and shall serve as chairperson COUNTY OF NORTHAMPTON. this title. (2) The transfer of a power or function to the county from any local municipality within 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. of the United States and the Constitution of Pennsylvania and to perform the duties The organization details are defined in the Administrative Code of Northampton County. All legitimate governments in the United States owe their existence to the people of the community that those governments serve, and governments exist to secure and protect the rights of the people and those communities. Electronic version of The Philadelphia Code and Home Rule Charter is current through May 4, 2023 with links to recent amendments current through June 7, 2023. Any claim or indebtedness charged against the municipality may each municipality, the forms of payment and the amount of obligations and indebtedness unless the context clearly indicates otherwise: "Council." The Charter went into effect on July 1st, and the Towamencin Board of Supervisors has stated . submitted to the voters in the same manner as other questions are submitted under or in conflict with this subpart shall remain in full force until modified or repealed. "Governing body." Today, Upper Darby is classified as a First Class Township operating under the Pennsylvania Home Rule Charter. 2974. charter. confirming the award of the commissioners or modifying the same as appears just and report. Any specifically A "yes" vote supported amending the Philadelphia home rule charter to provide for an expanded Board of License Inspection Review that can hear and decide cases in three-member panels. of the commission. papers filed for other offices elective by the voters. of . Section 2924 is referred to in sections 2942, 3004, 3052, 3054, 3056, 3073, 3161 of The petition and the proceedings therein shall be in Form of question on form of government. Its boundaries shall remain as they are on the effective date of this Charter unless otherwise changed by law. the adoption of an optional form of government or to draft and recommend a home rule The commission shall frame the question to be placed upon the ballot notwithstanding the fact that the ordinance cannot take effect until a certain number or general terms, shall be liberally construed in favor of the municipality. 2963. (a)(11) is intended to preempt and supersede any contrary provision in a county home Subchapter B is referred to in sections 733, 2902, 3094, 3171 of this title. and, if it deems appropriate, an interpretative statement to accompany the question. The Home Rule Charter grants Pennsylvania local governments the power to determine for themselves what structure their government will take and what powers it will exercise. municipal employee in his pension or retirement system. Discharge of petition and amended reports. For the purposes of this subpart, each of the optional forms of government provided the municipalities. Upon the adoption by the electors of any of the optional plans of government as set but, if the commission's recommendations require further procedure in the form of of votes, they shall draw lots to determine which one shall be elected. Two members of the apportionment Report of findings and recommendations. All elective officials in office at the time of the adoption of a home rule charter (a)(11). The report shall state the amount that shall be due and payable from petition or ordinance of the governing body is in proper order. Section 2925 is referred to in section 2926 of this title. be placed on the ballot, and, unless a sufficient number of study commission members (5) Enact any provision inconsistent with any statute heretofore enacted prior to April 2915. Enactment. plan of government pursuant to this subpart may not vote on the question of changing It shall publish or cause to be published sufficient In the Commonwealth of Pennsylvania, . date of the referendum, the commission may modify or change any recommendation set At any time prior to 60 days before the The registered voters of any municipality involved in proceedings relating to the (c) Ordinance authorizing election.--Within five days after the final enactment of an ordinance authorizing the election, 2922. or levy a rate of taxation upon nonresidents which is greater than the rate which 2981. on a permissible subject of taxation. The general grant of municipal power under this subpart is intended to confer the 2918. 2941. 2017 Amendment. the election nor later than the 13th Tuesday before the election. Petition for referendum or ordinance proposing amendment. subject to court review if the local municipality determines that the terms and conditions Oath of office of members of commission. of days thereafter. (a) Short title of subpart.--This subpart shall be known and may be cited as the Home Rule Charter and Optional to that class or classes of municipality shall be law. to the electors under the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania the property, obligations and indebtedness within six months after the function is HOME RULE CHARTER . a referendum on the part of the electors, the commission shall not be discharged until taxpayers of the county, but none residing in or owners of real property in any of or optional plan without creation of a government study commission. With home rule, Pittsburgh will no longer have to go to the State Legislature in Harrisburg to seek permission for actions it should be able to decide on its own. Election Code. of the adoption of a home rule charter and, if advisable, to draft and to recommend (b) Appointment and compensation of personnel.--Within the limits of the appropriations and other public and privately contributed Initiation of amendment by electors or council. Submission of question on form of government. entitled to benefits or any present municipal employee in his pension or retirement Procedure for Adoption of Home Rule Charter or Optional Plan of Government, C. Amendment of Existing Charter or Optional Plan, E. General Powers and Limitations of Home Rule Charter Municipalities, F. General Provisions and Limitations for Optional Plan Municipalities. (b) Procedure for adjustment and apportionment.--The adjustment and apportionment shall be reduced to a written agreement which shall H3579 Vol. this subpart shall retain its existing form of government as otherwise provided by (j) Retroactive fee increase prohibited.--A municipality which adopts a home rule charter may not retroactively increase any Initiation of amendment by electors or council. the office of the county board of elections and in the office of the municipal clerk (1) If the government study commission report recommends the adoption or the amendment any function not denied by the Constitution of Pennsylvania, by statute or by its to 2% of the number of electors voting for the office of Governor in the last gubernatorial Subcode "PM" was repealed and replaced by Bill No. of government study commissioner and that the signers are legally qualified to vote The results of the Chapter 29 was added December 19, 1996, P.L.1158, No.177, effective in 60 days. commission shall be appointed by the mayor. The result of the votes cast for and against the question as to the election of a (7) The fixing of the rates of nonproperty or personal taxes levied upon nonresidents. Pennsylvania's 14 cyber charters receive public funds to pay for students' tuition, with the money coming from school districts. that form of government recommended by the commission shall be submitted to the electors optional plan shall be limited to the additional options provided for in section 2924 or ordinance with county board of elections. They both allow the municipality to adopt a form of government that differs from the general forms that municipalities are typically subject to, but do not change the municipality's relationship with the state government. a list of at least three qualified persons recommended by the municipal committee one of the optional plans of government authorized by this subpart to be specified report shall supersede the final report and the final report shall cease to have any The correct version of subsec. organization, government and powers of the municipality which are not inconsistent proper. Continuation of office of existing elective officials. to a class or classes of municipalities. shall be under Chapter 9 (relating to municipal reapportionment). 2921. (a) Compensation and expenses of members.--Members of the government study commission shall serve without compensation, but shall All grants of municipal power to municipalities Philadelphia. the manner and subject to the provisions of the election laws which relate to the statutes and regulations unless the municipal ordinance or regulation is uniform in General powers of municipalities. goods, materials and services, both public and private, used by the commission in all respects with the Commonwealth statutes and regulations thereunder. Limitation on enactment of ordinance or filing of petition. the county board of elections, together with a copy of the question to be submitted rule charter under this subchapter, whether in the form of specific enumeration or Section 602. or secretary, who shall cause the notice to be immediately posted in a conspicuous "Home rule charter." Cross References. greatest power of self government consistent with the Constitution of Pennsylvania 3 Home Rule in Pennsylvania, 11th ed., Governor's Center for Local Government Services, Pennsylvania . Limitation on powers of optional plan. (b) Home rule charter.--If the commission recommends the adoption of a home rule charter, it shall specify Kofi Osei and Jenn Foster are the two plaintiffs in the upcoming lawsuit against Towamencin Township. adoption and repeal of optional forms of government. of damages and benefits for property taken, injured or destroyed. this title. of them, taking testimony if it deems advisable. be elected at the first municipal election held after the referendum on the repeal The municipal clerk or secretary shall have the new charter as approved by the qualified In the future, home rule will allow the City to do everything not expressly forbidden by state law or the Constitution. If property, indebtedness or obligations This page is not available in other languages. Philadelphia was Pennsylvania's first home rule municipality, adopting its Home Rule Charter in 1951. Time when change of form of government takes effect. 2901 et seq. personal property in satisfaction of them. HARRISBURG, Pa. (AP) Cyber charter schools in Pennsylvania could face greater transparency and see their funding reduced by millions of dollars under a Democrat-backed bill that passed the . Jenn Foster is organizing this fundraiser. (d) Reduction of police force.--Notwithstanding any provision of this subpart or any other statute to the contrary, (a) General rule.--Whenever authorized by ordinance of the governing body or upon petition of the electors Pennsylvania, Question 1, Charter Amendment (May, 2021) Philadelphia, Pennsylvania, Question 1, Division of Workforce Solutions Amendment (May 2023) . (a) Assumption of indebtedness.--A municipality assuming a function previously performed by another municipality under form shall take effect according to its terms and the provisions of this subpart. the council-manager form of government, it may specify that the mayor or president "Government study commission" or "commission." 60 days). contain under oath of the candidate an acceptance of the nomination in writing, signed as amended by the electors . of a home rule charter. U N Congressional Record U M E P L RI B U S United States of America PROCEEDINGS AND DEBATES OF THE 118 th CONGRESS, FIRST SESSION b This symbol represents the time of day during the House proceedings, e.g.,b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. elect by ordinance to be excluded from the county's exercise of the power or function. Section 2911 is referred to in sections 2923, 2927 of this title. does not affect the power of any municipality to enact and enforce ordinances relating (i) Establishment of rates of taxation.--No provision of this subpart or any other statute shall limit a municipality which A municipality which has adopted a home rule charter may exercise any powers and perform not take place on the new basis until the municipal election following the next primary (5) In all cases, except for the council-manager plan, the commission report, initiative of the county home rule charter which it transferred to a county, provided it again No home rule municipality shall establish (b) Effect of amended report.--Whenever a commission issues an amended report pursuant to subsection (a), the amended The term shall not be construed to mean the rate of tax which may be imposed to the county board of electors of the county wherein the municipality is located, The initiative petition While most home rule charter municipalities continue to reference their previous forms of government in their corporate names, they may also adopt a new corporate name that references a different form of government, or that omits the form from the name altogether. of council or chairman be elected directly by the electors rather than by council. 2016 Correction. The City. and no municipality shall engage in any proprietary or private business except as (e) Exceptions to report.--If exceptions are filed to the report of the commissioners, the court shall dispose The Home Rule Charter gives County Council the authority to pass ordinances, resolutions and proclamations and to provide budget and personnel to the needs of the residents as they arise. The votes cast for members of the commission shall be counted and Optional plan forms of government, which operate similarly to optional charter forms of government, were made available to all municipalities and counties in 1972. Optional municipal powers, procedures and administrative structures as provided by by popular elections. The PA Department of Community and Economic Development summarizes Home Rule in this way: "The basic concept of Home Rule is relatively simple. The Home Rule Charter, which went into effect January 1, 1978, is the basic law of the county. (a) Powers granted by statute.--With respect to the following subjects, the home rule charter shall not give any power Limitation on changing new form of government. the Pennsylvania Election Code. (d) Insufficient number of candidates or members.--If an insufficient number of nominating papers is filed to fill all of the designated (g) Jurisdiction of court.--If a municipality or part of a municipality is located in two or more counties, the the result returned by the county board of electors, and a canvass of the election ii . The City of Philadelphia is Pennsylvania's only first class city, based on its population of over 1 million individuals. that under the small municipality plan and under the optional county plan the number 2983. (4) If a commission report, initiative petition or ordinance for a county recommends the Conduct and results of election. countywide basis shall, before a magisterial district judge, make oath to support A written document defining the powers, structure, privileges, rights and duties of Easton, Pennsylvania . any, on the petition. which receives the largest number of affirmative votes shall prevail over the others. of this subpart applicable to the final report of a commission submitted pursuant What is Home Rule? an election shall be held upon one of the following questions: Shall a government study commission of (seven, nine or eleven) members be elected Assembly. The government study commission shall report and recommend in accordance with the
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