1. Local Government in Pennsylvania
Neighborhood University
of Greater West Chester

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

3. Primary Responsibilities
Protect the Public Health, Safety and Welfare
Why Government?
People form governments for their common defense, security, and welfare
Common goods that can be achieved only through collective action
Organized society safeguards these common goods
To defend the common welfare, governments assert their collective power to tax, inspect, regulate, and coerce
Police Powers
Limited by individual rights to autonomy, privacy, liberty, property, and other legally protected interests.
Achieving a just balance poses complex trade-offs
A right of individual action until that action harms others

4. Constitutional Foundations of Local Government
 Commonwealth of Pennsylvania Constitution
Commonwealth is a political community founded for the common good
“a state in which the supreme power is vested in the people; a republic”
Informed by the four Frames of Government (Charter of Privileges) and the five Pennsylvania constitutions (initial 1776; current 1968)
Article I, §1. Inherent rights of mankind
Rights established for, and Powers reserved in, the People
Article I, § 2.  Political powers (Police Powers)
“All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety and happiness. For the advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may think proper.

5. 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.”
1967 Amendments significantly increased municipal level control

6. 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.”
Police powers repose with the States

7. Primary Responsibilities
Police power is the basis for enacting a variety of  substantive laws
Zoning
Land use
Fire 
Crime
Nuisances
Motor Vehicles
Liquor
Schooling
Sanitation

8. 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.

9. 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

10. Practical Foundations of local government
Powers of Local Government are Limited
How? Four Elements:
Dillon’s Rule
Federalism
A form of government in which there is a division of powers between two levels of government of equal status
Pennsylvania Constitution, Laws, Statues and Code
Type and Form of Unit of Local Government

11. Practical Foundations of local government
What does this mean in practice?
4 Categories of Action
Limited Authority
6 Spheres of Political Power

12. Practical Foundations of local government
Six Spheres of Political Power
Local
Federal
State

13. Practical Foundations of local government
School Districts
Authorities
Municipalities
Intermediate Unit
County

14. Commonwealth of Pennsylvania
Structure of Pennsylvania Government
Legislature
Senate (50 Senators)
House (203 Representatives)
Executive (Governor)
Executive Department
Lieutenant Governor, Attorney General, Auditor General, State Treasurer, Superintendent of Public Instruction
Cabinet (25 Agency Heads)
Judiciary
Supreme Court (7 Justices)
appeals from the Commonwealth Court and Superior Court
Commonwealth Courts (9 Judges)
Original civil actions brought by and against the Commonwealth
Appeals from decisions made by state agencies and the Courts of Common Pleas
Superior Courts (15 Judges)
Appeals in criminal and most civil cases from the Courts of Common Pleas
Appeals on matters involving children and families
Common Pleas (451 judges)
Appeals from the minor courts
Appeals not exclusively assigned to another court
Matters involving children and families
Minor Courts (516 MDJs; 27 Philadelphia Muni Judges; 12 Pittsburgh Muni Judges)
Magisterial district courts (MDJs) and Philladelphia and Pittsburgh municipal courts
Preliminary arraignments and preliminary hearings; setting bail; appeal of muni citations

15. Commonwealth of Pennsylvania
County
Classes of County (Eight Different Classes)
First Class – Philadelphia County
Second Class – Allegheny County
Second Class (A) – Bucks, Delaware, and Montgomery Counties
Third Class – Chester County, and 11 other Counties
Governance
Board of Commissioners (3 person)
Row Officers (Coroner, District Attorney, Sheriff, Treasurer, Clerk of Courts, Controller, Prothonotary, Recorder of Deeds, and Register of Wills)
Responsibilities
Human Services
Planning and Community/Economic Development
Courts (District and Common Pleas Courts)
Aging
Children and Youth Services
Corrections
Elections
Health/Disabilities
Community Services (e.g. Library)
Property and Taxes
Parks
Veteran’s Affairs
Emergency Services
73 Municipalities in Chester County (1 City; 57 Townships; 15 Boroughs

16. Commonwealth of Pennsylvania
Education System
Required by Article III, Section 14 of Pa Constitution
“The General Assembly shall provide for the maintenance and support of a thorough and efficient system of public education to serve the needs of the Commonwealth.”
Regulated under Public School Code of 1949
Three Levels of Responsibility for Education
State Department of Education
Teacher certification
Advisory assistance in developing courses of study
Approves plans for school buildings and facilities
Intermediate Units (29 in total)
Provide consultative, advisory and educational program services and furnishes ancillary services to component school districts
The Chester County Intermediate Unit provides services to the 12 school districts in Chester County
Special education and compensatory education programs
Career, technical and customized education
Mentor training and staff development
Technology initiatives
Consortia for school business operations
Curriculum services.

17. Commonwealth of Pennsylvania
School Districts (50 in total)
Five Classifications based on total population within district
First (1M plus)
First Class A (250K to 999K)
Second Class (30K to 249K)
Third Class (5K to 29K)
Fourth Class (< 5K)
Nine Member School Board
Controlling and governing body for local school districts
Responsible for administration, supervision and program operation
Administrative Head is the Superintendent
Twelve School Districts in Chester County
Separate entity from the Municipality

18. Local government Enabling legislation
Municipal Codes
Defines the organization, powers, functions, and essential procedures of local government.
Defines the Type
Town (1)
Borough (958)
Township (1,547)
City (56)
Authority (approx. 2,600)
County (67)
School District (500)
Defines the Form
Five typical forms
Council-Manager
Mayor-Council
Commission
Town Meeting and
Representative Town Meeting.

19. Manager’s Role Township/Borough Manager Appointed
Accountable to Elected Officials
Professional administrator to implement Elected Official’s policies
Technical knowledge and experience
Academic training
Management expertise
Dedication and commitment to public service.
Overall Control of Service Delivery
managing financial and human resources
delivering services
planning strategically for community development
committing to high ethical standards
Improves Responsiveness to Citizens by Centralizing Administrative Accountability

20. Local government Enabling legislation
Municipal Codes
Borough Code - Act 581 of 1965
Boundary Change Law - 53 Pa CSA §§
County Code - Act 130 of 1955
First Class Township Code - Act 331 of 1931
Home Rule Charter and Optional Plan Law - Title 53 Chapter 29-31
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

21. Local government Enabling 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

22. Local government Enabling legislation
Municipal Powers
Health, Safety, and Welfare
Policy Decision-making
Levy Taxes
Borrow Money
Authorize Expenditures
Administration of Government

23. 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

24. The townships Statutory Power vested in Elected Officials
Commission Form
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

25. The Townships
Administrative Responsibility Vested in Appointed Officials
Manager
Chief Operating Officer
Policy Implementation
Treasurer
Responsible for all monies
Secretary
Clerk to the Board of Supervisors
Responsible for all records
Solicitor
Legal Advisor to the Board
Control of Legal Matters
Engineer
Emergency Management Coordinator
Zoning Officer
Sewage Enforcement Officer
Commissions of the Board
66 Townships in Chester County

26. The Borough Home Rule Community
Referendum to approve its powers and organization (1994)
Exercise any power or perform 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 Borough’s Codified Ordinances
Subject to the Pennsylvania Code (agency rules/regs)
Subject to policies procedures adopted by resolution of elected officials

27. 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
Can Deliberate with Council
No vote (expect to break ties)
Veto power over ordinances and resolutions of legislative character

28. The borough
Administrative Responsibility Vested in Appointed Officials
Treasurer
Responsible for all monies
Secretary
Clerk to the Council
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
Boards and Commissions of the Council

29. Resources Free Publications/Documents
All Department of Community & Economic Development-publications listed at
Copies of PA Appellate Court decisions at
PA Local Government Commission’s publication: Pa Legislator’s Municipal Deskbook at .
U.S. Supreme Court opinions/court schedule at and others from Google Scholar at
Copies of federal bills and acts from Congress at
Copies of Municipal Codes at Click on Local Government, click on Local Government Law Library
State pending legislation: (and acts from 1974 to present)
Copies of Final Determination Letters from the State Open Records Office at
PA Code for state agencies rules/regulations