N E I G H B O R H O O D U N I V E R S I T Y O F G R E A T E R W E S T C H E S T E R

LOCAL GOVERNMENT IN PENNSYLVANIA

OVERVIEW

• Constitutional Foundations• Legal Foundations• Practical Foundations• The Commonwealth• Enabling Legislation• Forms and Classes of Local Government• Duties, Responsibilities, and Powers

CONSTITUTIONAL FOUNDATIONS OF LOCAL GOVERNMENT

• United States Constitution• Tenth Amendment to the Bill of Rights: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

CONSTITUTIONAL FOUNDATIONS OF LOCAL GOVERNMENT

• The Commonwealth of Pennsylvania Constitution• Article IX, Local Government

“The General Assembly shall provide by general law for local government within the Commonwealth. Such general law shall be uniform as to all classes of local government regarding procedural matters.”

LEGAL FOUNDATION OF LOCAL GOVERNMENT

• Dillon’s Rule (1932 US Supreme Court)• Narrow interpretation • Specifically sanctioned• A municipality can exercise only the powers explicitly granted• Necessary, Essential and Indispensable to the Grant of Power

• Reasonable doubt whether a power has been conferred to a local government?• The power has not been conferred.

LEGAL FOUNDATION OF LOCAL GOVERNMENT

• Impact of Dillon's Rule: Categories of Action

• Types of Authority Given• Structural -- power to choose the form of government,

charter and enact charter revisions• Functional -- power to exercise local self government in a

broad or limited manner• Fiscal -- authority to determine revenue sources, set tax

rates, borrow funds and other related financial activities• Procedural-- authority to promulgate rules, regulations,

policies

PRACTICAL FOUNDATIONS OF LOCAL GOVERNMENT

• Powers of Local Government are Limited• How?• Dillon’s Rule• Federalism in Practice• Pennsylvania Laws, Statues and Code• Type and Form of Unit of Local Government

PRACTICAL FOUNDATIONS OF LOCAL GOVERNMENT

• What does this mean in practice?

• 4 Categories of Action

• Limited Authority

• 6 Spheres of Political Power

PRACTICAL FOUNDATIONS OF LOCAL GOVERNMENT

• Six Spheres of Political Power

Local

FederalState

COMMONWEALTH OF PENNSYLVANIA

• Structure of Pennsylvania Government

• Legislature• Senate• House

• Executive (Governor)• Executive Department

• Lieutenant Governor, Attorney General, Auditor General, State Treasurer, Superintendent of Public Instruction

• Cabinet (25 Agency Heads)

• Judiciary• Supreme Court• Commonwealth Courts • Superior Courts• Common Pleas

LOCAL GOVERNMENTENABLING LEGISLATION

• Municipal Codes

• Defines the organization, powers, functions, and essential procedures of the local government.

• Defines the Type• Defines the Form• Five typical forms

• Council-Manager • Mayor-Council • Commission• Town meeting and • Representative Town Meeting.

LOCAL GOVERNMENTENABLING LEGISLATION

Municipal Codes• Borough Code - Act 581 of 1965 • Boundary Change Law - 53 Pa CSA §§ 731-741• County Code - Act 130 of 1955• First Class Township Code - Act 331 of 1931• Home Rule Charter and Optional Plan Law - Title 53 Chapter 29• Home Rule Charter and Optional Plan Law - Title 53 Chapter 30• Home Rule Charter and Optional Plan Law - Title 53 Chapter 31• Intergovernmental Cooperation Law - Title 53 Chapter 23• Local Tax Enabling Act - Act 32 of 2008• Municipal Authorities Law - Title 53 Chapter 56• Municipal Consolidation or Merger Act - 53 Pa. C.S. § 731• Municipalities Financial Recovery Act - Act 47 of 1987• Municipalities Planning Code - Act 247 of 1968• Optional Third Class City Charter Law - Act 399 of 1957• Second Class City Law - Act 14 of 1901• Second Class County Code - Act 230 of 1953• Second Class Township Code - Act 69 of 1933• Third Class City Code - Act 317 of 1931• Right to Know Law - Act 3 of 2008• Sunshine Act - 65 Pa. C.S. § 701• Uniform Construction Code - Act 45 of 1999

LOCAL GOVERNMENTENABLING LEGISLATION

• Forms of Municipal Charters in Pennsylvania• Counties• Nine classifications

• Cities• Four classifications

• Boroughs• No classifications

• Townships• Two classifications

• School Districts• Five Classifications

• Home Rule Municipalities• Authorities• Special Type of Unit of Local Government

LOCAL GOVERNMENTENABLING LEGISLATION

• Municipal Powers• Health, Safety, and Welfare• Policy Decision-making • Levy Taxes • Borrow Money• Authorize Expenditures • Administration of Government

THE TOWNSHIPS

• Townships of the Second Class• Subject to Pennsylvania Statutes• Subject to the Municipal Codes• Subject to the Second Class Township Code• Subject to Township Codified Ordinances• Subject to the Pennsylvania Code (agency rules/regs)• Subject to policies procedures adopted by resolution of

elected officials

THE TOWNSHIPS

• Statutory Power vested in Elected Officials• 3-5 Member Board of Supervisors• §607(1) “Be charged with the general governance of the township and the

execution of legislative, executive and administrative powers in order to ensure sound fiscal management and to secure the health, safety and welfare of the citizens of the township.”

• legislative body of the township, • setting policy, enacting ordinances and resolutions, adopting budgets and levying

taxes

• executive functions • formulating the budget, enforcing ordinances, approving expenditures and hiring

employees

• 3 Member Board of Auditors• Conduct annual Audit• Set Supervisor Compensation

• Tax Collector• Real Estate• Act Local Tax Enabling Act levied taxes

THE TOWNSHIPS

• Administrative Responsibility Vested in Appointed Officials

• Treasurer• Responsible for all monies

• Secretary• Clerk to the Board of Supervisors• Responsible for all records

• Manager• Chief Operating Officer• Policy Implementation

• Solicitor• Legal Advisor to the Board• Control of Legal Matters

• Engineer• Emergency Management Coordinator• Zoning Officer • Sewage Enforcement Officer• Commissions of the Board

THE BOROUGH

• Home Rule Community• Referendum to approve its powers and organization • exercise any power or per form any function not denied

by the Constitution, the General Assembly or its own home rule charter.

• Subject to the Borough Home Rule Charter• Subject to Pennsylvania Statutes• Subject to the Municipal Codes• Subject to Borough’s Codified Ordinances• Subject to the Pennsylvania Code (agency rules/regs)• Subject to policies procedures adopted by resolution of

elected officials

THE BOROUGH

• Form of Government• Council-Mayor• 7 member Borough Council• “The Council, when lawfully convened, shall constitute the legislative,

appropriating, policy-making and governing body of the Borough.”• Elected by Ward • Legislative Body• Executive Body

• Council Committee

• “Weak” Mayor • At-Large Election• “Shall be recognized as head of the Borough government for all

ceremonial purposes” • Oversight of Police Department

THE BOROUGH

• Administrative Responsibility Vested in Appointed Officials

• Treasurer• Responsible for all monies

• Secretary• Clerk to the Coucil• Responsible for all records

• Manager• Chief Operating Officer• Policy Implementation

• Solicitor• Legal Advisor to the Board• Control of Legal Matters

• Engineer• Emergency Management Coordinator• Zoning Officer • Sewage Enforcement Officer• Commissions of the Council

RESOURCES

• Free Publications/Documents• All Department of Community & Economic Development-publications listed

at www.newpa.com • Copies of PA Appellate Court decisions at www.pacourts.us • PA Local Government Commission’s publication: Pa Legislator’s Municipal

Deskbook at www.lgc.state.pa.us .• U.S. Supreme Court opinions/court schedule at www.supremecourt.gov

and others from Google Scholar at www.googlescholar.com • Copies of federal bills and acts from Congress at

www.thomas.loc.gov/home • Copies of Municipal Codes at www.newpa.com Click on Local Government,

click on Local Government Law Library• State pending legislation: www.palegislature.us (and acts from 1974 to

present)• Copies of Final Determination Letters from the State Open Records Office

at www.openrecords.state.pa.us • PA Code for state agencies rules/regulations www.pacode.com