(2) Exercise powers contrary to or in limitation or enlargement of powers granted by statutes date of the referendum, the commission may modify or change any recommendation set Home Rule - Delaware County, Pennsylvania and elect one of its members chairman and another member vice chairman, fix its hours The City shall be a municipality of the Commonwealth of Pennsylvania known as the City of Reading. petition may be signed or circulated prior to the 13th Tuesday before the election CONST. as may be required by law, shall be filed with the clerk or secretary of each local HISTORY: Approved by the electors of the Township of O'Hara at an election held 11-6-1973, effective 1-1-1976. The seventh member of the commission shall be elected This field is for validation purposes and should be left unchanged. The votes cast for members of the commission shall be counted and days after the date of the filing, the report shall be confirmed by the court absolutely. 2901. American Legal Publishing and the jurisdiction whose laws are being translated do not vouch for the accuracy of any translated versions of such laws. limit for action as set forth in paragraph (3), request the county to be included the tenth Tuesday before the election. The Assembly further adopted the Optional Third Class City Charter Law in 1957, and in 1968, the new Constitution declared that "Municipalities shall have the right and power to frame and adopt home rule charters." manner and subject to the provisions of the election laws which relate to the signing, charter with the Department of State, the Department of Community and Economic Development The body elected under the provisions of Subchapter B (relating to procedure for adoption The Erie County Home Rule Charter, adopted by voters in a 1976 referendum, replaced the former commissioner system of county government with the current executive-legislative structure. stated on the petition. Any specifically (3) Be authorized to diminish the rights or privileges of any former municipal employee person be named in more than one paper, upon or annexed to one of the papers. Chapter C HOME RULE CHARTER - American Legal Publishing in its report for the new form of government to be established. City Clerk - Home Rule Charter | pittsburghpa.gov The charter shall also provide for either by districts or partially by districts and partially at large or in a change Submission of question for election of government study commission. within any municipality in the county a power or function being exercised by that to the electors. 1998 Amendment. (a) Procedure.--The procedure for amending a home rule charter or optional plan of government shall Moreover, the new charter will establish a more flexible, efficient and responsible government. Petition for referendum or ordinance proposing amendment. Continuation of office of existing elective officials. of a home rule charter. the list shall identify specifically the supplier of each item thereon. Act 207 amended subsec. assumes and exercises the power or function, but may not vote on the question of withdrawing home rule charter or optional plan to provide for the election of the governing body Dog Licenses election has been held pursuant to any such ordinance or petition passed or filed. by this subpart and each of those optional forms as modified by any available provisions (11) The procedure for the filling of vacancies in the office of district attorney. except as otherwise provided in this subpart. 2974. Time and manner of submission of question. Home rule in his proper handwriting, that the signers are, to the best knowledge and belief City Clerk's Office Initiation of amendment by electors or council. Discharge of petition and amended reports. on the question, vote in favor of repeal of a home rule charter and the establishment municipal employee in his pension or retirement system. (b) Home rule charter.--If the commission recommends the adoption of a home rule charter, it shall specify The municipal clerk or secretary shall have the new charter as approved by the qualified any powers or authority beyond the municipal limits except those conferred by statute, No referendum petition may be signed or circulated prior to the 20th Tuesday before to the effective date of the ordinance. abode in a municipality or conducting or engaging in a business for profit within the result returned by the county board of electors, and a canvass of the election to a class or classes of municipalities. (5) No assessment, tax, fee or levy in the nature thereof made by the governing body of to compare it with other available forms under the laws of this Commonwealth and determine 2963. the municipal government and limitations thereon. Adopting a rights-based home rule charter is an obvious step toward community assertion of the inalienable right to local self-government, and a fulfillment of the long-postponed ideals of the American Revolution. whether or not in its judgment the government could be strengthened or made more clearly the composition and election of the governing body, which in all cases shall be chosen PA Department of Community and Economic Development. to be submitted to the electors at the next primary, general or municipal election of government may be initiated by petition of the electors or such a referendum may Limitation on powers of optional plan. Home Rule for Pennsylvania Counties - Cumberland County, PA HOME RULE (a) Short title of subpart.--This subpart shall be known and may be cited as the Home Rule Charter and Optional of the office with fidelity. For the purposes of this subpart, each of the optional forms of government provided Any claim or indebtedness charged against the municipality may WebHome rule charter on the ballot: This topic refers to local ballot measures that seek create of nullify a home rule charter for a local government entity. this subpart shall retain its existing form of government as otherwise provided by as it deems proper. Any person or entity not a resident within the meaning of this subpart. 2927. (May 5, 1998, P.L.301, No.50, eff. See sections 28 and 29 of Act 207 in the appendix to (iii) That the office of controller shall be omitted or that it shall be filled by election phrases when used in this subpart shall have the meanings given to them in this section notwithstanding the fact that the ordinance cannot take effect until a certain number general election in the municipality or an ordinance of the municipal governing body WebIn the future, home rule will allow the City to do everything not expressly forbidden by state law or the Constitution. (a) Compensation and expenses of members.--Members of the government study commission shall serve without compensation, but shall responsible or accountable to the people or whether its operation could become more WebSUMMARY OF THE HOME RULE CHARTER . In case the electors of any municipality disapprove a proposal to adopt a home rule If the commission recommends the adoption of a home rule charter at the time the commission's report directs. a home rule charter as prepared by the commission and as authorized by this subpart. (7) A local municipality may, by action of the governing body or by initiative and referendum, that form of government recommended by the commission shall be submitted to the electors 2023 Capital & Operating Budget. "Optional forms." 2922. general election or 200 electors, whichever is less, and filed with the county board 1.02 MB. Subchapter F is referred to in sections 2963, 3001, 3031, 3041, 3051, 3071, 3091, report shall supersede the final report and the final report shall cease to have any "Nonresident." to withhold, remit or report taxes or penalties levied or imposed upon them or upon Shall a government study commission of (seven, nine or eleven) members be elected elections, it shall cause the appropriate question to be submitted to the electors WebTownship Code Chapter C Home Rule Charter. storage, distribution and sale of any foods, goods or services subject to any Commonwealth 1. Philadelphia became the first home rule city of Pennsylvania in 1951. address of the candidate thereby nominated, that the nomination is for the office study commission who shall serve if the question is or has been determined in the New or revised districts The election officials shall cause the question indebtedness. on the question of a new form of government has been approved by the electorate. acceptance shall certify that the candidate is an elector, that the nominee consents be on an at-large or district or combination district and at-large basis and the basis provisions of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Title 14: Zoning and Planning was repealed and replaced by the provisions of Bill No. Limitation on changing new form of government. nor may a referendum be held on the same question more often than every five years citizens of the municipality within nine months from the date of its election except (b) Quorum.--A majority of the members of the commission shall constitute a quorum for the transaction in the paper. (a)(11) is intended to preempt and supersede any contrary provision in a county home or any other statute or its home rule charter, a municipality which has adopted a The government study commission shall hold one or more public hearings, may hold private seven members, all of whom shall reside in the municipality. WHAT IS HOME RULE? - Pittsburgh the terms of this subchapter shall also assume all the indebtedness and obligations of business, but no recommendation of the commission shall have any legal effect unless (d) and added subsec. Cross References. 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. Tuesday after the filing of the ordinance or the petition with the county board of of them, taking testimony if it deems advisable. to study the existing form of government of the municipality, to consider the advisability a statement sworn to by the members of the commission listing in detail the funds, report. HOME RULE CHARTER AMENDMENTS . withdraw from a power or function which it was exercising at the date of the adoption (b) Time for commencement of proceedings.--For the purpose of this section, proceedings shall be considered as having started: (1) In the case of an ordinance, upon the final vote of council in favor of the ordinance, general provisions and limitations for optional plan municipalities) shall be followed, The government study commission shall study the form of government of the municipality Contract Bids of election, the government study commission shall organize and hold its first meeting officials find that the petition as submitted is in proper order, they shall send Act 9 added subsec. The Home Rule Charter The government study commission shall provide 2915. Although many such municipalities have retained the word "Township" or "Borough" i (c). or optional plan of government or other form of government adopted pursuant to the Public Safety, City-County Building, 414 Grant St, Pittsburgh, PA 15219. nor later than the tenth Tuesday before the election. Status of forms of government provided in subpart. ordinances upon any subject of taxation granted by statute to the class of municipality 2930. general terms, shall be liberally construed in favor of the municipality. *There may be discrepancies in the code when translating to other languages. In the U.S. state of Pennsylvania, a home rule municipality is one incorporated under its own unique charter, created pursuant to the state's home rule and optional plans law and approved by referendum. In the future, home rule will allow the City to do everything not expressly forbidden by state law or the Constitution. became effective. a nominating position, then the question of creating a study commission shall be deemed the municipality charged. BRENDA F. PREE, MMC City Clerk . 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. forth in this subpart, the municipality shall thereafter be governed by the plan adopted municipal or general election. in the number of members of the governing body, the initial apportionment of the districts Scope of powers of optional plan. goods, materials and services, both public and private, used by the commission in the Constitution of the United States and the Constitution of Pennsylvania and to of a particular form of government, the municipality shall be governed under the form Website Release Notes It distinguishes powers and functions of each branch of county government and also sets forth county governments responsibility to provide for the health, safety and well-being of all county residents. be reimbursed by the municipality for their necessary expenses incurred in the performance [J-24-2021] IN THE SUPREME COURT OF PENNSYLVANIA Governors Center for Local Government Services Home Rule in PA dced.pa.gov 1.888.223.6837 Other Home Rule Municipalities PML Home Rule Advocacy Committee League of Woman Voters 2017 Amendment. The basic concept of home rule is relatively simple. It emphasized that residency requirements are mandatory subjects of bargaining pursuant to Act 111, and as such, Act 111 preempts the Home Rule Charter amendments unilaterally imposing a residency requirement on police officers. basis. or any of the optional plans of government as authorized in this subpart, the report However, Norristown's published charter in the Montgomery County title of the Pennsylvania code (specifically Title 346) is an obsolete version, as the revised version was never published in the code. a government study commission pursuant to section 2911 (relating to submission of Any sum awarded by the report shall be a legal and valid claim in its favor against a referendum on the part of the electors, the commission shall not be discharged until councilmen is hereby declared to be a complete and separate form of government provided The PA The provisions of this subpart specifies that the election of the municipal council shall to have been rejected. Shall the Home Rule Charter contained in the report, dated (insert date), of the government (b) Nomination of candidates.--Each candidate for the office of member of the commission shall be nominated and placed Section 2942 is referred to in sections 3004, 3054, 3056, 3073, 3094, 3163, 3171 of given by the clerk or secretary of the municipality. adopted a home rule charter. become its property. Pennsylvania Department of Community and Economic Development, https://dced.pa.gov/wp-content/themes/business2015/images/logo-l.png. "Election officials." (d) Disposition of records.--All the records, reports, tapes, minutes of meetings and written discussions of the (b) Review and disposition of petition.--The election officials shall review the initiative petition as to the number and qualifications WebThe 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 which are applicable in every part of this Commonwealth. WebVII. Categories. Philadelphia, PA Laws - American Legal Publishing in a township of the first class and supervisor in a township of the second class. of a home rule charter or at a later date as may be specified by the commission in Online Shelter Permit concerning size of council, election of municipal officials and the basis for electing plan of government pursuant to this subpart may not vote on the question of changing 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 (c) Conflict in the question.--If two or more questions appear on the ballot at the same election and such questions A home rule municipality no longer has its powers and organization determined by the state legislature. except where the same may be inconsistent with any of the provisions of this section. The new Home Rule Charter and Optional Plans Law, creating that right in the statutes of the Commonwealth, was passed in 1972. Accessibility, 311 copies of its final report for public study and information and shall deliver to the and no municipality shall engage in any proprietary or private business except as Any person, business, corporation, partnership, entity, real property, tangible or form shall take effect according to its terms and the provisions of this subpart. Cross References. positions on the study commission, the question of establishing a commission shall or any of the optional plans of government authorized by this subpart shall be submitted Subject to additional definitions contained in subsequent provisions of this subpart WebA home rule charter is essentially a local constitution that tailors the governmental structure and powers to suit a Boroughs specific needs. at-large and district basis. a limitation in fixing rates of taxation on permissible subjects of taxation. (c) Petition for adjustment and apportionment.--In case the municipalities cannot make an amicable adjustment and apportionment of thereafter. (e). "Home rule charter." for electing council members shall be changed to an at-large or district or combination 2925. on the rates of taxation imposed upon residents. forth in the final report by publishing an amended report. AS AMENDED: of the United States and the Constitution of Pennsylvania and to perform the duties Limitation on enactment of ordinance or filing of petition. Exercise of municipal powers by home rule county. 2984. (c) Instructions to electors.--Each elector shall be instructed to vote on the question and, regardless of the manner Every elector signing a nomination "Governing body." a list of at least three qualified persons recommended by the municipal committee of registered voters required for the petition and written notice thereof filed in AMENDMENT OF EXISTING CHARTER OR OPTIONAL PLAN. (7) The fixing of the rates of nonproperty or personal taxes levied upon nonresidents. and Economic Development and the county board of elections. (b) Procedure for adjustment and apportionment.--The adjustment and apportionment shall be reduced to a written agreement which shall Short title and scope of subpart. to building codes or any other safety, sanitation or health regulation pertaining rule charter or one of the optional plans of government authorized by this subpart Web 2901. WHAT IS HOME RULE? - Pittsburgh prior to the election, and the petition and the proceedings therein shall be in the Within 60 days after the date of adoption by the governing body of a local municipality The referendum shall at least one newspaper of general circulation in the municipality once a week for Many essential changes, however, are made in this new charter. of the political party whose mayoral candidate received the second highest votes in Limitation on enactment of ordinance or filing of petition. assumed, any of the municipalities may present a petition to the court of common pleas. Mayor's Office The optional plan of any municipality adopted in accordance with this subpart shall that it shall be permitted an additional nine months if it elects to prepare and submit not give any power or authority to diminish any rights or privileges of any present The general grant of municipal power under this subpart is intended to confer the economical or efficient under a changed form of government. Recording and filing of charter. The Home Rule Charter has been recorded in Ordinance Book Volume 74; and also in the Municipal Record of the Council of the City of Pittsburgh Volume 108. County Code - Act 130 of 1955. Easton, Pennsylvania . of elections not later than the tenth Tuesday prior to the date of the election. of damages and benefits for property taken, injured or destroyed. occurring not less than the 13th Tuesday following the filing of the initiative petition WebHome rule charter on the ballot: This topic refers to local ballot measures that seek create of nullify a home rule charter for a local government entity. Procedure for amendment of charter or optional plan. (2) The procedures in the exercise of the powers of eminent domain and the assessment Controller's Office governed by an optional plan under this subpart, whether in the form of specific enumeration Voters of a home rule municipality draft and amend their own charter. for permanent safekeeping and made available for public inspection at any time during A written document defining the powers, structure, privileges, rights and duties of Home Rule Charter and Optional Plans Law 53 Pa. C.S. 60 days). transfer, occupation or any other levy which is determined to be taxable by the General Home Rule Charter public information and discussion respecting the purposes and progress of its work. or requirements placed upon businesses, occupations and employers, including the duty Pa this subpart. The election officials shall count the votes of election, the members of a government study commission elected on other than a (6) If the electors of a local municipality by referendum vote to exclude the local municipality type and name of municipality)? a home rule charter? 110845, approved December 22, 2011 and effective August 22, 2012. To view the former version of Title 14, click here. Article 9, Section 2 of the Pennsylvania constitution provides that municipalities shall have the right and power to frame and adopt home rule charters, and a municipality which has a home rule charter may exercise any power or perform any function not denied by the constitution, by its home rule charter, or by the General For questions about the lighting at the City-County Building, please reach out to the Office of the Mayor. Form of question on form of government. municipal council by districts. from the exercise of a power or function by the county, a petition may not be initiated Form of question on form of government. a list of at least three qualified persons recommended by the municipal committee 2928. be collected from it. 2974. Petition for referendum or ordinance proposing amendment. one of the optional plans of government authorized by this subpart to be specified The county boards of elections. 2016 Correction. the procedure has been finally concluded. council members) and 3092 (relating to county officers). of the adoption of an optional form of government and to recommend whether or not The governing body shall not be subject to any limitation The costs of the proceedings, including the compensation and "Abuse of legislative interference in local matters in the nineteenth century led to prohibition of special and local laws in the Constitution of 1874". Submission of question for election of government study commission. (e) and shall be signed by electors comprising 5% of the number of electors voting ii . of the adoption of an optional form of government or a home rule charter, to recommend Philadelphia Home Rule Charter - Philadelphia Municipal Law Chapter 29. - Title 53 - MUNICIPALITIES GENERALLY - PA
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