Last Thursday, Northampton County Council introduced a proposal that will ask voters to decide on term limits for the County Executive. If voters agree, the Executive would be limited to two terms of office. Council members are currently limited to three terms in office.
One of my readers asks me if this is wise or even legal.
I'm not the person to ask if something is wise. I know term limits are popular. My own feelings are conflicted. I often think that state and federal legislators should be term limited. But when it comes to municipal office, elected officials usually improve with experience. The best run townships usually have people who have been in office several terms. My view is that an Executive becomes more powerfulthe longer heis in office, so I'd agree o term limits, but it should be three terms like Council members.
Is this legal? I'm a disbarred lawyer, but I can tell you that the Supreme Court has ruled that any change to a Home Rule government that changes the form of government must be preceded by a home rule charter study commission.
This proposal makes no change to the form of government, so no home rule charter study commission is needed. I believe the proposal is legal.
Today's one-liner: "The shortest way to the distinguishing excellence of any writer is through his hostile critics." Richard LeGallienne
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Tuesday, September 12, 2017
22 comments:
You own views are appreciated, especially if they differ from mine. But remember, commenting is a privilege, not a right. I will delete personal attacks or off-topic remarks at my discretion. Comments that play into the tribalism that has consumed this nation will be declined. So will comments alleging voter fraud unless backed up by concrete evidence. If you attack someone personally, I expect you to identify yourself. I will delete criticisms of my comment policy, vulgarities, cut-and-paste jobs from other sources and any suggestion of violence towards anyone. I will also delete sweeping generalizations about mainstream parties or ideologies, i.e. identity politics. My decisions on these matters are made on a case by case basis, and may be affected by my mood that day, my access to the blog at the time the comment was made or other information that isn’t readily apparent.
I have always ben dubious so term limits. That being said in recent years I have become very open to some term limits. At the federal and sate lev3el absolutely. Sadly, these folks get in these legislative offices grow fat and rich. They send political taxpayer funded mailers year round, hold meaningless public meetings and gerrymander themselves into perpetual office holding. In fact gerrymandering is about the only thing the two patties work together on anymore.. Ultimately they pass no laws and solve no problems
ReplyDeleteSo, yes I now join millions in calling for federal and state legislative and executive term limits.
At the local level it seems unnecessary. People can go in to any meeting easily. The officeholders are generally available. As of now I think it seems to regulate itself. I know of no county elected official parked in the position. I agree with executive positions because they garner power through the jobs and contracts they hand out. So for them maybe but to limit the local part time legislative positions seems to be more political showmanship than attempts at goo government.
So how does that affect Peg Ferraro? She has been on county council for one hundred years.
ReplyDeleteGuess you didn't read the post. It won't. She is not the County Executive!
DeletePolitical horseshit to appeal to their hate government base. How about a law that states if you raise real estate taxes 10% you have to not run again, That would wipe these incumbents out.
ReplyDeleteI agree with 5:11. This is just political pandering to their base to say, hey look at me I did one thing now re elect me
ReplyDeleteWe have never had a 3 term executive in NORCO so why do we need to waste our time on this nonsense?
Come November Brown is out. Believe that
ReplyDeleteFour years of Ed Pawlowski is too much. Here is a guy who tried to leave Allentown twice, [Senator and Governor], but the illiterate public keep electing this guy in. Terms limits, as in Bethlehem, would work in the instant case. If he had to leave after 8-years, maybe we wouldn't have to go through his disgusting "pay to play scheme" he engineered for job security.
ReplyDeleteKeeps the office from being bought like that in Allentown. I'm all for term limits of any political office. Lack of term limits is the reason we have the problems we due in DC. Lets stop it here before its to late.
ReplyDelete"We have never had a 3 term executive in NORCO so why do we need to waste our time on this nonsense?"
ReplyDeleteWe almost did.
I have no problem with term limits. They are popular. We live in a democracy. Let the people decide this question.
I deleted a petty personal attack aimed at people who are no longer in office. Sign your name.
ReplyDeleteTerms are easily limited at the ballot box. Term limit laws undercut voter will. Allentown is a good example. As distasteful as their current mayor is, voters who showed up renominated him easily. I think they made a stupid mistake. But I don't live there and they should have the liberty to make, and live with, their own mistakes. I think most politicians hang on too long. But I'm a purist and don't like a term limits solution. I also can't stand the baseball DH.
ReplyDeleteAnon 10:40 makes an interesting point. The idea of legislative term limits, especially locally does appear to protect those who do not vote from those that do.
ReplyDeleteWhy not vote to limit tax increase to less than the 10% they voted for?
ReplyDeleteBut she has been on county council for many years.
ReplyDeletePeg is bound by a separate HRC provision limiting her to three terms. I believe this is the last term she can serve.
ReplyDeleteI believe this "law" would be thrown out by the courts if a person ever ran and challenged it if elected too a fourth consecutive term.
ReplyDeleteOkay, please tell me when I voted to change the HRC to limit Council's terms?
ReplyDeleteAct 62 gives Home Rule Municipalities the right to draft their own HRC's. Northampton County has a few rules that probably could be changed but does the Home Rule Charter spell out how the Charter can be changed?
You did not. Council imposed te term limits without seeking the approval of voters, which is arguably illegal.
ReplyDeleteThe county placed a classified ad in the Express-Times in what appeared to be a voter referendum. Does this mean this issue will be on the ballot come November?
ReplyDeleteNo. It would be May 2018.
ReplyDeleteThere is a right way and a wrong way to amend the Home Rule Charter. Go back through the "Solicitor's Opinions" and you will find his "legal opinion" on the correct way to change the Charter.
ReplyDeleteIn my opinion, when a group of individuals (like our present County Council) gather together for the good of the people, and they can't find something good (constructive) to do, they start piddling with the rules so it looks like they are doing something. It's also called "window dressing". This do nothing Council is putting up a smoke screen to cover up there in-ability to do something constructive.
It's also called paper hanging. that's the term Angle would use. But this is not window dressing or paper hanging. This is a substantive change to the Home Rule Charter, and on a question that should be decided by the people, not Council. I do not believe it involves a change in the form of government, but if it does, it requires a home rule charter study commission.
ReplyDeleteI believe we are due for a new home rule charter study. Is home rule working?