LOCAL GOVERNMENT COUNTIES, TOWNSHIPS, BOROUGHS, AND SCHOOL DISTRICTS NAME ALL OF THE LOCAL MUNICIPALITIES (TOWNSHIPS AND BOROUGHS) THAT LIE WITHIN NPSD: NAME_________________________ 1 MR. HALEY AMERICAN GOVERNMENT Pennsylvania School Districts I. INTRODUCTION School districts are units of local government created by the state of Pennsylvania in order to provide education services to the children of each community. Their duties include: Managing instruction, curriculum, and other school programs Deciding on school facilities Hiring school staff – including teachers and administrators Making decisions about the school budget and school funding and taxes Deciding on the yearly school calendar Making other decisions about how the schools should be run There are currently 501 school districts in Pennsylvania. There used to be over 2600 school systems statewide before CONSOLIDATION – the process of combining school systems into larger school districts to make them more economical and more efficient. What districts would you consolidate today in Montgomery County to save costs? 2 II. What is a School Board? A school board is a legislative body of citizens called school directors, who are elected locally by their fellow citizens and who serve as agents of the state legislature. By state law, school directors cannot be paid for their work. It is a voluntary position. School directors, although locally elected, are really state officials, co-partners with the legislature. They are designated by school law to administer the school system in each district. Elections and term of office Each board consists of nine members who serve four-year terms of office. Elections are held every two years for half of the board members. Thus, at one election four of the nine seats will be up for election. Two years later, five of the nine will be up for election. And then two years later, the original four seats will be up for election once again. (This is to prevent sudden drastic changes in school leadership and a loss of experienced school directors.) Elections are held during odd numbered years (2003, 2005, 2007, 2009, etc.) Legal requirements to be eligible to serve on a school board: There are five limitations to determine whether you can serve on a school board in Pennsylvania. To serve, you must: be at least 18 years of age, be a citizen of Pennsylvania, have resided for at least one year in the school district you’re seeking to serve, have good moral character, and you cannot be a teacher within that same school district that you’re seeking to serve (but you can be a teacher in any other school district). Board organization Officers of a school board include a president, a vice president, a treasurer and a secretary. The board may employ a lawyer, and establish responsibilities and the salary for that lawyer. This practice is universal, because competent advice on school law is imperative if the board is to operate effectively. The school fiscal calendar for the majority of public school districts begins July 1 and continues until June 30 of the following year. A few operate their budgets on a calendar year. Constitutional mandate Public education is fundamentally a state responsibility. A system of free public education is mandated under the state constitution which states in Article II B, Section 14: “The [Pennsylvania] General Assembly shall provide for the maintenance and support of a thorough and efficient system of public education.” To carry out this mandate, the General Assembly created school districts and boards. It conferred broad legal powers local boards, making them autonomous in many of their operations. Therefore, the school board is a political subdivision of the state for the purpose of convenient administration of the schools. 3 Legislative Authority School districts and school boards were created by the Pennsylvania General Assembly to carry out the constitutional mandates of a “thorough and efficient” system of public education. In addition, the legislature has created the State Board of Education, the Department of Education, and other state agencies. These agencies administer the state laws that control the state’s public education system. There are, therefore, several governing influences upon a board of school directors. In Pennsylvania: Public schools are a creature of the state constitution and are not generally controlled by the U.S. Constitution. Public schools are a responsibility of the General Assembly -- the legislative branch of Pennsylvania state government. School boards, created by the General Assembly, serve as local legislative bodies for the public schools within the framework of state laws. Responsibilities Effective school boards concentrate their time and energy on determining what it is the schools should accomplish and developing policies to carry out these goals. In essence, school boards have three functions: planning, setting policy, and evaluating results. Planning — Boards are required to engage in long-range planning by regulations of the State Board of Education. Appropriate reports of the results of such planning must be filed with the Department of Education. Among long-range planning activities are such responsibilities as: enrollment projections, staffing needs, building usage, budget requirements. Setting policy — The central responsibility of a board, both in theory and in law is to be the policy-forming body. The idea of local control of education means the policies governing the operation of schools are to be formed in response to local needs and desires. Policy means actions of the board that set written goals and objectives for the school. A process of systematic policy review contributes significantly to the smooth operation of a school district. Evaluating results — The board’s third and final responsibility is to evaluate the results of planning. Evaluation “completes the loop” and, in fact, leads inevitably to more planning. Evaluation occurs all the time, both formally and informally. Many districts set aside a weekend every year to review the results of the previous year and to plan additional short-term goals and long-term objectives. In a less formal way, board members receive information orally, at meetings, and in writing, between meetings, to constantly keep them up-to-date on a broad range of activities that are in progress regarding board policy proclamations. As a group, the board is not an administrative body; neither should it be a “rubber stamp” for the professional educators working in the district. The selection of competent administrators who understand that their role is to carry out public policies established by the board, is one of the board’s most important functions. School directors represent the interest of the general public, which includes the children in the schools. No one else is legally charged to do that. Serving on a school board is often a thankless and difficult task. The job is unpaid, and entails both a great deal of frustration and many hours of a board member’s personal time to fulfill this public service. Basic characteristics of an effective school director The ability to function as one member of a nine-member governing board of school directors is not determined by sex, occupation, race, income or social standing. Effective school board members, however, are characterized by the following: A deep desire to serve children, The ability to work as a team, to engage in open give-and-take and to support the decisions of group consensus. Recognition that the school district is probably one of the largest businesses and employers in the community. As a board member, to accept the responsibility for overseeing that the enterprise is well-managed. 4 III. School Superintendents Every school district is required by the state's school code to have a superintendent. He or she is hired by a majority vote of the district's school board members. The term of office is between 3 and 5 years. There are no term limits for superintendents, contracts can be renewed repeatedly if the board is satisfied with the performance of their superintendent. The superintendent is the chief administrator of a school district. While his or her exact list of responsibilities are set by the school board, he or she generally has the following responsibilities: 1. Improve educational opportunities. 2. Locating, hiring, and developing personnel. 3. Maintaining effective relations with the community. 4. Providing and maintaining funds and facilities. Overall Job Summary In short, the superintendent must be an expert educator; an effective personnel manager who understands staffing needs and the needs of employees; an articulate person with the written and spoken word -- able to motivate people; and lastly, an effective business administrator who can run a MAJOR operation -- probably one of the largest employers in his/her community. Relationship with the School Board For all of the above powers, the superintendent may make some of these decisions on their own, as part of their daily job. But for the final decision on most major issues, the superintendent will need to go before the school board to get the board’s approval. The superintendent will make recommendations but the school board gets to decide. Superintendents and Student Discipline One last area for which the school superintendent has responsibilities is student discipline. In many cases, discipline matters for disobedience or misconduct can be handled by a principal or the teaching staff. In all cases however, a superintendent also has the power to temporarily suspend any student and has the power to override a disciplinary act by a principal. In more extreme cases, the superintendent can recommend expulsion of a student, but only the school board can make that decision. The superintendent can also recommend, WITH THE APPROVAL OF THE SCHOOL BOARD, that a student be committed to a delinquent detention center or reform school, but only the court system can actually commit a student to one of those two facilities. Pennsylvania’s Legal Requirements to be Eligible for School Superintendent 6 years of successful teaching experience Bachelor’s degree in education Masters education credits in school administration Good moral character 5 PENNSYLVANIA MAP - COUNTIES 6 LOCAL GOVERNMENT I. ORGANIZATION OF COUNTY GOVERNMENT 1. What is a COUNTY? It is the intermediate form of government between the local municipality and the state. -It is both a geographic area and a political unit. -It is the largest political subdivision of a state 2. How many counties are there in PA.? 67 -The 1st three counties established by William Penn were Bucks, Chester and Philadelphia. -Montgomery County split off from Philadelphia County. 3. T/F – Everyone in Pennsylvania lives in a county. T/F – The power to establish and control local governments is through the state government. 4. Classification of Counties – How? -The State Legislature classifies counties by POPULATION. A. B. C. D. E. F. G. H. I. 1st Class: 1.5 million + people – Philadelphia 2nd Class: 800,00 to 1,499,999 – Allegheny (Pittsburgh) 2A Class: 500,00 to 799,999 – Bucks, Montgomery, Delaware 3rd Class: 225,000 to 499,999 – Chester and 11 others 4th Class: 150,000 to 224,999 – 6 counties 5th Class: 95,000 to 149,999 – 9 counties 6th Class: 45,000 to 94,999 – 20 counties 7th Class: 20,000 to 44,999 – 8 counties 8th Class: less than 20,000 – 8 counties Smallest Population is Forest County Largest in Size is Lycoming and Smallest in size is Philadelphia 5. Organization of County Government A. COUNTY COMMISSIONERS 1.) Bipartisan – 3 Total Commissioners elected by voters of county. However, 1 of 3 has to be from a different party since voters only allowed to vote for 2 persons – Highest 3 vote totals wins 2.) Qualifications: Minimum age of 18 and a citizen of county for 1 year prior to the election 3.) What are they? The legislative and executive branch of county government 4.) Duties: -Pass laws / ordinances -Provide for assessments of property -County Election Board -Assess Taxes 7 B. County Row Offices –Def.: They are elected officials who are independent from Commissioners – Serve 4 year terms 1.) Sheriff: Chief law enforcement officer of the county 2.) District Attorney – Lawyer for the county – handles all criminal prosecutions 3.) Recorder of Deeds – Keeper of the land records in the county 4.) Register of Wills – Handles all matters after a person dies for their estates 5.) Clerk of Courts – Handles all of the criminal court records 6.) Coroner – Medical officer who determines cause of death 7.) Treasurer – Handles county $ and pays the county’s bills 8.) Controller – Accountant for the county – supervises all financial records 9.) Prothonotary – Handles all of the civil records of the county 10.) 2 Jury Commissioners – responsible for generating lists of people for jury duty 6. HOME RULE – The option under PA. State Constitution that gives local governments the power to set up the rules for governing themselves as opposed to following the rules of the state government. In 1972, voters approved a home rule section of the Commonwealth Constitution. Home Rule gives more power to municipalities to exercise certain types of local powers without additional laws from the General Assembly. 7. Services of the County: 4 categories A. Records – real estate transactions, marriages, deaths, court cases, weights and measures B. Elections – manage all voting registration and conduct the elections of local, county, state and federal C. Courts – Court of Common Pleas D. State / Federal Services – deliver services paid for by state and/or federal government such as health, hospitals, welfare, geriatrics, rehab., and veterans services. 8. Draw 5 pictures of essential county services in the space below. 8 II. TOWNSHIPS AND BOROUGHS – MUNICIPALITIES 1. The only legal designation for Municipalities in Pennsylvania are townships, boroughs and cities. 2. T/F – Each county, except Philadelphia, is divided into townships and boroughs. 3. Townships can range from as low as 25 people up to over 50,000 people, but the average falls between 1,000 and 5,000 residents. 4. TOWNSHIP GOVERNMENT A. Townships are classified by POPULATION B. 1st Class Townships: there are 91 in PA. and most could be cities by population but choose not to be. -Upper Darby, Lower Merion, Abington, Bristol, Haverford - Mostly in suburban areas near larger cities Governed by a Board of Commissioners of at least 5 people OR if the Township is divided into WARDS then 1 per ward. -Elected for 4 year term -They are the Legislative and Executive Branch of Township gov’t Proposed Ordinances (LAWS) must be published in local newspaper prior to passage They have an elected Mayor who is weak and controlled by the Board C. 2nd Class Township: There are over 1450 of these townships. Mostly in the outer suburban and rural areas Governed by Board of Township Supervisors (3 to 5 people) elected fro 6 year terms Role is both legislative and executive Meet at least monthly Elected Township Officials 1.) Auditor, Treasurer and Controller – all independently elected 2.) Zoning Board – Chairman is the appointed head of the Board -It has the power to influence or control the way development happens in a community through zoning law 5. BOROUGHS A. The governing body of the borough is a mayor and council elected for four year terms. The council is stronger, making all the major decisions and appointments. In some of the boroughs, a borough manager is appointed by the council. Where there is no manager, members of the council work in committees to supervise borough matters. The mayor oversees the police department and handles ceremonial matters as needed. 9 III. CITY OF PHILADELPHIA 1. Philadelphia is classified as a 1st class city under the PA. Constitution. 2. On April 17, 1951, the voters of Philadelphia adopted the Home Rule Charter that is the basis of the city government today. A. A Charter is the constitution of a city. Counties are divided into townships and boroughs. The City of Philadelphia is both a city and a county. It is divided for political and administrative purposes into 66 WARDS. A. Each Ward has from 11,000 to over 50,000 people. Philadelphia is like 66 cities consolidated into one. 3. 4. The population of Philadelphia is approximately 1.5 million. It is the fifth largest city in the United States behind : 5. The Government of Philadelphia A. The Chief Executive of Philadelphia is the MAYOR. 1.) Elected for a term of 4 years – may be re-elected for 1 successive term and can be elected for 2 additional terms after leaving office for 1 term 2.) Qualifications: 25 years of age minimum and a resident of Philadelphia for at least 3 years 3.) The 1st in line to replace the mayor is the President of the City Council 4.) Powers: -execute and carry out ordinances (LAWS) made by City Council -Veto power and Line item veto power in appropriations bills 5.) Mayor’s Cabinet: a.) Managing Director: appointed by Mayor -2nd most powerful person in city -in charge of fire, health, licenses and inspections, police, water and welfare departments b.) Director of Finance: appointed by Mayor -chief financial, accounting and budget officer in city c.) City Representative: director of commerce and represents Mayor at public functions d.) City Solicitor – head of the city legal department 6.) City School Board -the only PA. Municipality that has a school board appointed by the Mayor – they are responsible to the Mayor B. The Legislative Branch – THE CITY COUNCIL 1.) Role: To Pass ordinances (LAWS) 2.) Organization: 17 citizens who are elected for a term of 4 years. -The city has 10 council districts and 7 council members are elected at large and represent the city as a whole -Voters vote for their district council member and 5 other at large people so this allows for at least 2 at large council members to be from the minority party. 3.) Qualifications: must be at least 25 years of age; and American citizen; and live in the city for one year 4.) Philadelphia is controlled by the Democratic Party 10 IV. ZONING / LAND USE PLANNING – “YOU CANNOT PUT THAT THERE!” 1. Zoning Defined – The division of an area into sub areas, called zones or districts. It is a system of land use regulation which designates the permitted uses of land based on mapped zones, which separate one part of a community from another 2. Authority – Who regulates and enforces the zoning Codes? The local governments, counties and municipalities, have the authority to zone or to regulate land use. It is part of the local government’s POLICE POWERS over real property. PP is the constitutional power of a state or local government to regulate behavior in order to protect the public health, safety and welfare. 3. What is the primary purpose of zoning regulation? To segregate uses of land that are thought to be incompatible. In reality, zoning is intended to prevent new development from harming existing residents or businesses. 4. What kind of land use regulations can zoning affect? The kinds of acceptable activities on particular lots (residential or commercial for example) Minimum Lot sizes The densities at which those activities can be performed The height of buildings The location on a lot of buildings or garages or pools or sheds (setbacks) The amount of impervious surface coverage allowable The proportions of types of space on a lot (ex: how much landscaping space and buffers) How much parking must be provided 5. Are the zoning rules rigid? Yes and no – In essence, every municipality must provide a hearing procedure before the Zoning Hearing Board for applications by landowners for VARIANCES (exceptions to the zoning rules). The test is whether there is a perceived hardship on the landowner due to the nature of the property in question. a. What is meant by a NONCONFORMING USE? – A land use that is inconsistent with the Zoning regulations but which is permitted because of being grandfathered in or by special exception 6. Are zoning regulations constitutional? Yes – In the 1926 case of Village of Euclid, Ohio v. Ambler Realty Co., the Supreme Court found that the village zoning ordinance was constitutional. However, be careful of discriminatory spot zoning! 7. Fun Facts What city was the 1st to have city-wide zoning requirements? Philadelphia What major US city has no zoning regulations of any kind? San Antonio, TX 8. Zoning – what is the big deal – List arguments for and against Zoning Regulations Arguments for Zoning regulations Arguments Against Zoning regulations It makes for productive uses of land It is unconstitutional and takes away freedom It increases the value of land It is eminent domain without compensation It allows for orderly growth It blocks people from using their land It is fair and reasonable way to plan for development It can be discriminatory 11 9. Today, Pennsylvania requires counties and municipalities to do a Comprehensive Plan. It is a county wide plan as well as a township or borough wide plan to coordinate the growth of housing, industry, commercial uses of land with the resultant impacts that growth has on issues such as transportation, utilities, recreation, schools, fire protection, and police protection. 10. Zoning Classifications or Categories of Zoning Districts 1.) OS – Open Space – No buildings like parks and fields RP – Resource Protection 2.) RA – Rural Agricultural – Land is used for farming with 12 home every few miles 3.) RESIDENTIAL – Based upon density SRL – Suburban Residential Low Density – McMansions SRM – Suburban Residential Medium Density – Single family homes on lots 1 acre or less SRH – Suburban Residential High Density – Many homes in a small area like apartments, condos or townhomes 4.) PC – Planned Commercial Development – Like Montco Mall 11. PI – Planned Industrial – Like Merck 12. Strategy Issues A. Imagine that you were someone living in the township who was opposed to further development and increases in population in your township. Into which zoning district would you want to see undeveloped land categorized? B. Imagine you’re a profit-conscious developer. Which type of zoning district would you want for land you were planning to develop? C. Imagine you are someone with negative opinions of low income families and that you want to keep them out of your neighborhood. Which type of residential zoning district would want to see more of in your municipality? 13. Question – Why are there so many 55+ Communities rising up in the area? Increases land value and allows for more property tax revenue to come in (more value for land than RA) These families are older and have no school age children which would increase the burden and costs for public schools 12