Yesterday, I told you about Allegheny County, another Home Rule County. Its Charter was adopted in 1998, making it 20 years younger than Northampton County's 1978 model. Some provisions in Allegheny's Charter would be of immeasurable assistance to good government in Northampton County.
Home Rule Charter Changes
In Northampton County, Council is increasingly cranking out amendments. We are up to about 20 of them so far. They go out to the voters as a referendum vote. That's like a judge's retention vote. Everybody says Yes, even if they have no idea what is being proposed.
Let me give you an example. Several years ago, Northampton County Council members decided they wanted to be called Commissioner. It makes them sound more important. That required a change to the Charter. The deceptive question put to the voters was whether there should be nine commissioners, not whether to change the appellation being used. People voted Yes because they thought they were voting to establish a nine member Council. They had no idea that what they really were doing was inflating egos.
Without question, Northampton County's Home Rule Charter is in serious need of an overhaul. There are serious questions in nearly every Article. But instead of the piecemeal and sometimes frivolous approach taken by Northampton County Council, here's what Allegheny's Charter provides:
a) A County Government Review Commission shall be established five years after the effective date of this Charter and every ten years thereafter. The Commission shall study the Charter and County government, including the organization, practices and responsibilities of all County departments and agencies. The Commission shall evaluate the effectiveness, efficiency and equity of County government and this Charter. The Commission may make recommendations to the people of the County on County government and may recommend amendments to this Charter.
b) The Commission shall be composed of nine members who shall serve one-year terms. The members shall be voters of the County, five of whom shall be appointed by County Council and four of whom shall be appointed by the Chief Executive. The political party affiliation, racial, geographic, age and gender diversity of the County shall be considered in the appointment process. No County officer, employee, or member of an agency shall be a member of the Commission. The Commission shall submit a final report to the people of the County on the Commission's findings and recommendations within one year after appointment of the Commission.
Instead of piecemeal amendments that are often poorly considered, a better approach would be the establishment of a government review commission every ten years. Members, none of whom would be employed by the county, would be appointed by the Executive and Council and would have one year to recommend changes. I am aware that any recommendation requiring a change in the form of government would require the election of a home rule charter study commission. Most changes, however, would make no changes in the actual form of government. Northampton County Council could easily adopt an ordinance establishing this Commission, and could still reserve the power to recommend their own changes in case of an emergency.
Interaction With Executive Branch
Allegheny's Home Rule Charter specifically provides that County Council should refrain from micromanaging the Executive branch.
County Council and its Members shall deal with the Executive Branch exclusively through the Chief Executive or Manager except for the purpose of obtaining information and advice. Individual County Council Members shall not give orders or instructions, either publicly or privately, to employees of the Executive Branch.
Northampton County's Home Rule Charter contains no such provision. but it's good advice. County Council provides oversight but should refrain from telling county employees what to do.
