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Thursday, September 21, 2017

NorCo Council Considers Establishing Home Rule Study Commission

Yesterday, Northampton County Council's Governance Committee was set to discuss all kinds of questions. Was its ordinance limiting Council members to three terms legal? Was its proposal to limit the County Executive to two terms legal? Why is the Executive limited to two terms and Council limited to three terms? Should it impose job qualifications on the Controller? Should he be barred from officiating at football and baseball games on weekends?  Once that happens, should he be term limited, too?  Each of these questions was looking for an answer by way of Home Rule Charter amendment, which requires a public referendum. Each of these matters was placing Council members in serious danger of running aground, and without the benefit of their legal lifeguard, Solicitor Phil Lauer. He usually only attends the full Council meetings.

All of this had me concerned, but I was shocked to see that Council members themselves were concerned, too. They did something very rare yesterday. They put on the brakes and asked themselves, "What the hell are we doing?"  And they decided that it's really time for a home rule charter study commission.

Most counties follow the county code and are a three commissioner form of government in which one commissioner must be a member of the minority party. This prevents a tyranny of the majority. But Northampton County is different.. It is what is known as a home rule county. It is governed by a Charter which first went into effect in 1978, nearly 40 years ago. This Charter, which I sometimes mention in my blogs, is the equivalent of the County's Constitution. Under this Charter, the County is governed by an elected Executive and nine elected Council members instead of three Commissioners. Row offices like the Recorder of Deeds, Sheriff, Register of Wills and Coroner are appointed, not elected.

I was unaware of this, but the Home Rue Charter was actually opposed by the Northampton County Democratic Party. They like having a lot of row offices with the accompanying patronage. But some prominent Democrats like Congressman Fred Rooney bucked he party and decided that professionalism trumps cronyism.

Lehigh County also adopted a home rule charter around the same time as Northampton County.

Today, there are home rule charters in Allegheny, Delaware, Erie, Lackawanna and Luzerne Counties.

After 40 years, is it time to end the experiment and return to a Commissioner form of government? Or should we keep the Charter and just improve on what is working and eliminate what is not? This is what a home rule charter study can accomplish. A home rule charter study commission is elected by the voters and they make a proposal that voters can either accept or reject.

Do we need nine Council members? Would it make more sense to have an appointed Executive who is paid an appropriate salary? Should the Controller's office be converted to a nonpartisan position like a judge instead of forcing someone to run for political office and then insist he be nonpartisan? Should the Sheriff be appointed to a five or ten year term to avoid the political process? Should the provisions concerning recall, which have been declared unconstitutional, should be removed? Who appoints the Voter Registrar, the Executive or the Elections Commission? Wouldn't it make more sense to have the court serve as the Elections Commission so they can decide whether a referendum question is legal? Should there be term limits?  Should salaries of elected officials be tied to the consumer price index so that there is no need to revisit salaries and the grandstanding that results? Is it time to strengthen the Career Service provisions? Should cabinet officials or other employees be barred from working with a county vendor for a period of time after they leave the county's employ? Should we define more clearly what political activity is appropriate? Are the citizen participation provisions adequate?

These are all good government questions. After 40 years, it makes sense that the a charter be reviewed and strengthened or abolished?

Ken Kraft and Peg Ferraro were both unable to attend yesterday's meeting, but i believe they would both support a review. Seth Vaughn, who was participating by phone, called the idea "radical." But other Council members disagreed,and think it's time to give the Charter a tune up.

Hayden Phillips, a Republican, and Bob Werner, a Democrat, have agreed to sponsor the legislation needed to allow you to have a say in your own government.

10 comments:

Anonymous said...

Mike McFadden: I ran for the charter study commission in 1974. My first political outing-missed by a few votes. Your father told me that I would run well in all the Irish wards. There was only one Irish Ward left in the county, North Catty, which I won with large margins. There were 39 candidates with the county dems pushing a no vote slate against a globe times slate pushing a yes vote. The globe times slate won. When the charter was done, I joined the Yes committee along with my ex boss, Fred Rooney. I had my fights with Democratic Committeemen who were related to many of the row office holders. When the charter proposed eliminating those offices, I had nothing to lose by pushing against the row offices. I eventually ran for county council, forefeiting my city council seat. I lost, done in by the county committeemen. I made numerous appearances supporting the charter including radio. I argued that there were too many challenges for local municipalities that could not be met for fiscal and physical reasons. The county ultimately would have to address those problems. An example was 911 services. Easton first examined that activity in 1970 and lacked the resources to implement. Twenty years later, the county offered the service. I and others saw the county offering more municipal services. An obvious need for services and elimination of duplicate services. Why is there a county housing authority and housing authorities in Easton and Bethlehem? At least a two page answe. I saw district representation guaranteeing local municipal representation and future councilmen coming from municipal government. That never happened. County government has expanded to offer local services, but that does not seem to be the intent. Elected officials do not represent local municipalities. The charter needs to be reviewed and, perhaps, changed.

Anonymous said...

As someone who believes more elections are better for a democracy, 3 commissioners theoretically would increase voter participation i believe but not necessarily true nor empirically true (Bucks County turnout, Montco, Delaware all have higher turnouts).

The County Executive form of government was pushed at the behest of the late great Bethlehem Steel. Easier to control one person than 2. Perhaps it is time to reconsider.

It certainly would be entertaining as rarely do members of the same party in Northampton County agree or play well with one another. The minority commissioner (D or R)would be king. Of course this strengthens a fringe person like Ron Angle. However, it certainly would be amusing to observe.

Put in on the ballot. The "good old bad days" of Commissioners will be a welcome source of public entertainment.

Anonymous said...

Sounds like there is a political motived at play here. Given the tracks record of those currently on county council. Nothing should be voted on until after the November elections and people are seated in January. Once again this comes off as a political stunt to cover up for four mediocre at best years for the incumbents.

Maybe it can be put out there for voters but why bring it up around a month from a county election? BS!

Anonymous said...

Let the people decide!

Bernie O'Hare said...

"Mike McFadden: I ran for the charter study commission in 1974. My first political outing-missed by a few votes. Your father told me that I would run well in all the Irish wards. There was only one Irish Ward left in the county, North Catty, which I won with large margins. There were 39 candidates with the county dems pushing a no vote slate against a globe times slate pushing a yes vote. The globe times slate won. When the charter was done, I joined the Yes committee along with my ex boss, Fred Rooney."

Mike, So nice to hear from you and get your experience. Hope your ex boss is doing well. Fred Rooney is one of my heroes. My Dad adored him. The yes faction was prescient, and I hope that the next home rule charter study commission pays just as much attention. My hues is that we should start thinking about a regionalized police department.

Anonymous said...

Mike McFadden. Bernie, I use to work at the old Saucon Valley Trust offices in Hellertown when it was owned by First of Allentown. I saw your father frequently and enjoyed our conversations. I remember him, Prendergast and Rooney. They were funny, true Irish. Their war exploits would filll several volumes. Real heroes!

Bernie O'Hare said...

Thanks, Mr.McFadden. I could tell you some funny stories about my father, Rooney and Prendergast, but better do so privately.

Bernie O'Hare said...

"Sounds like there is a political motived at play here."

Actually, this was urged on council by me, and my motivation is good government. I have long felt an overhaul is necessary. I have no idea whether we need to return to a comm'r form of government, but it's time to review what is working and what is not.

John Cusick suggested a vote now to place on the ballot in May precisely to avoid the notion of one side or the other being accused of sour grapes.

Anonymous said...

If they really want good government they should not focus on what is not broke but rather send a resolution to their senators and representatives asking then to read to Emperor Trump the constitution, especially the first amendment.

Nothing but deflection by a group with a poor track record.

Anonymous said...

County Council has not followed home rule charter for years. For instance there has not been a salary study for over 20 years. According to the charter it is to be done every 3 years. It's complete negligence.