LOCAL GOVERNMENT

advertisement
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…
... Article IX of Pennsylvania Constitution
Municipality: a city, township, borough, county, school district, or other unit of local government.
A municipality is created by the state upon the consent of the residents in order that they may provide for themselves
the services that they need or desire. Some of these services are: fire and police protection, cultural and recreational
facilities, water and sewer systems, streets, traffic regulations, building and zoning, and general health and welfare.
Pennsylvania is second in the nation in number of local government units, about 5,000 in number.
COUNTY GOVERNMENT
What is a COUNTY? It is the intermediate form of government between the local municipality and the state. A
county government’s headquarters is called the “county seat.” Here in Montgomery County, the county seat is in
Norristown. A county is both a geographic area and a political unit; and it is the largest political subdivision of
Pennsylvania. There are 67 counties in PA. The 1st three counties established by William Penn were Bucks,
Chester and Philadelphia; and Montgomery County split off from Philadelphia County. The Classification of
Counties is by POPULATION.
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
HOME RULE – The option under the Pennsylvania 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.
Services of the County: 4 categories
Records – real estate transactions, marriages, birth, deaths, court cases, weights and measures, property
ownership, property value assessment for local property taxes
Elections – manage all voting registration and conduct the elections of local, county, state and federal;
maintains the voting machines/equipment; publicize elections and election information; count the votes and
keep records of election results
Courts – although the courts are under the control of the Pennsylvania Supreme Court, the county must
manage and fund the day to day administration of the courts and county jail. Judges are paid by the state,
but other court employees are paid by the county government- Court of Common Pleas
State / Federal Services – deliver services paid for by state and/or federal government such as health,
hospitals, welfare, geriatrics, rehab, and veterans services. (Assistance to the elderly, disabled, poor, and
drug addicted)
Organization of County Government- source www.montcopa.org
County Commissioners
The legislative and executive arm of the Montgomery County government is the three member Board of
Commissioners. Elected at large for four year terms, the three choose one of their members to be chairman.
Provisions are made for minority party representation as the electorate votes for two from the four candidates
seeking the three positions. If a vacancy occurs, the County judges appoint a replacement. The Commissioners
name all department heads, as well as most members of the various boards, authorities, and committees. In addition,
the Commissioners appoint all County employees and, sitting as the Salary Board with the Controller, establish
salaries of all employees. The management of County property and all phases of financial administration, except
final audit, also rests with the Commissioners. They are responsible for the preparation, adoption and execution of
the annual budget, as well as for the taxing of all property, both real and personal, for County purposes. They have
jurisdiction over County maintained roads and bridges and supervision of the Court House and other County operated facilities.
In addition to the County Commissioners, nine County departments are headed by an individual elected directly by
the voters. They are elected officials who are independent from Commissioners. All serve a term of four years. The
salaries are set by the County Commissioners. These nine officials are commonly referred to as "Row Officers," a
term that came about many years ago when the nine departments were first listed in a row on the election ballot.
Clerk of Courts
The Clerk of Courts is the clerk of the criminal court and retains custody of all original cases. The office maintains a
computerized index and docket in which a record is kept of all documents filed in each case. Court costs and
restitution are assessed and collected for each case. These court related costs are distributed in accordance with the
law to the appropriate municipal, county and state offices and restitution victims. The office is responsible for the
collection of bail money and its return to the surety upon completion of court action. The office maintains
miscellaneous records and dockets relating to the division of election districts, the appointment of election officials,
constables and private detectives.
Controller
The Controller is an elected row officer and has general supervision over all fiscal affairs of the County and of the
accounts of all functions collecting, receiving or disbursing County funds. This includes but is not limited to, the
following: General Accounting – Complete records are maintained by the Controller's Office detailing all fiscal
operations of the County. Accounts Payable – The Accounts Payable function approves and processes all vendor
invoices for payment. Internal Audit – Internal Audit conducts periodic audits of row offices, tax collectors, County
departments and other County functions as necessary. Payroll – The Controller manages and processes payroll for
all County employees and maintains all payroll records. Retirement – The Controller maintains the accounting
records for the Montgomery County Employees’ Retirement System and acts as a liaison between the County and
the investment advisors for the Retirement Fund investment portfolio.
Coroner
The Coroner is charged by law with many responsibilities, the foremost of which is the investigation and
certification of a variety of deaths including all deaths of other than natural causes, and any apparently natural deaths
in which no physician can reasonably state the cause. The Coroner can utilize any and all medicolegal investigative
techniques, including an autopsy, to establish both the medical cause of death, and mode or manner of death
(natural, accident, homicide, suicide, or undetermined). Additional mandated responsibilities include the
notification of next of kin, granting cremation permits, protection and safekeeping of property belonging to deceased
individuals, conducting inquests when indicated, maintaining public records, making reports to other agencies,
identification of deceased persons and the interment of indigent dead and unclaimed bodies. There has been
continued growth and emphasis on the role of forensic science and medicine. This office has expanded its role in
forensic medicine for both living and dead, playing a vital role in the community. These areas include: examination
and evaluation of child, elderly and domestic abuse; testimony and interpretation of hospital records and procedures;
alcohol and drug interaction in motor vehicle and other fatalities; compiling statistics pertaining to seat belted
occupants in motor vehicle fatalities; illicit as well as environmental and industrial toxicology. The Coroner also
interfaces with numerous other agencies and departments (Police, District Attorney, Public Defender, Sheriff,
Federal Aviation Administration, Sudden Infant Death Syndrome Organization, Children and Youth, State Attorney
General, Center for Highway Safety, Drug Abuse Warning Network, Public Health) to support the health and safety
of Montgomery County residents.
District Attorney
The Montgomery County Office of the District Attorney is dedicated to achieving justice and protecting the safety
of our community. They fairly investigate, and aggressively prosecute, criminal activity throughout our
County. They zealously enforce the law and the rights of crime victims. Their goal is to keep Montgomery County
safe and secure by effectively working with the entire law enforcement community. They fight for justice in the
courts, seek appropriate punishment for those who commit crimes, provide complete assistance to victims of crime,
and offer community-based crime prevention programs to educate the public. They provide investigative assistance
to local police departments through the County Detective Bureau. The office provides training to other law
enforcement agencies and also coordinates victim/witness assistance program.
Prothonotary
The Prothonotary is the elected civil clerk of the Court of Common Pleas and is responsible for recording all civil
procedures before the court. This official signs and seals all writs and processes numerous other documents of the
Court of Common Pleas. The Office of Prothonotary is responsible for the recording and filing of legal papers of a
widely diversified character such as: personal injury, medical malpractice, divorce, custody, protection from abuse,
judgments, change of name, school audits, driver’s license suspension appeals, District Justice appeals, mechanics
liens, Federal income tax liens, and administers oaths and affirmations. This office also processes passport
applications, swears in new citizens and participates in naturalization ceremonies for the federal government.
Recorder of Deeds
The mission of the Montgomery County Recorder of Deeds office is to maintain the integrity of all land records and
other documents entrusted to the department as well as the collection and monthly distribution of County / State fees
and Real Estate Transfer Taxes for the State, Townships, Boroughs and School Districts; while efficiently serving
the public with complete accountability and responsibility. All legal instruments in the County including deeds, real
estate transfers and agreements, mortgages and assignments thereof are filed with the Recorder of Deeds. In
addition, state highway plans, charters, powers of attorney, subdivision plans and commissions for elected officials
and notary publics throughout the County are also filed in this office. Real estate transfer taxes are collected for the
state, townships, boroughs and school districts and distributed monthly.
Register of Wills
The Office probates wills and processes intestate estates (estates without wills). The Office is also agent for the
Commonwealth in the collection of inheritance taxes. Accounts by personal representatives of estates are filed with
their office. Certificates necessary for the transfer of estate assets are also issued by the Office. As Clerk of the
Orphans’ Court, they issue marriage licenses and have charge of the Orphans’ Court dockets. Petitions for
adoptions are filed in here as well. The Register of Wills also keeps the records of all persons born in Montgomery
County between 1893 and 1915. Birth records of persons born after 1915 are kept on file with the Pennsylvania
Department of Health.
Sheriff
The Sheriff is the chief law enforcement officer of the County under the Pennsylvania Constitution. While most
police work is now done by local and state police, the Sheriff's broad powers authorize him and his deputies to
enforce the law. The Sheriff is called upon during riots, prison breaches, strikes and other emergencies which are or
may be a breach of the peace. In those instances, he is empowered to call upon all able-bodied adults. Among the
duties of the Sheriff are service of all writs both criminal and civil issued by the Courts, transportation of prisoners
throughout the Commonwealth of Pennsylvania and extradictions from other states for the purpose of court
proceedings. The Sheriff also issues permits for firearms and conducts sale of real and personal property at the
request of litigants, including the city, county and state. Other duties and services available from the sheriff
department include bomb disposal unit, (C.E.R.T.) County Emergency Response Team, the operation of five (5)
Driving Under the Influence Processing Centers, "TRIAD" program for senior citizens as well as the well known
D.A.R.E. program for school children and major sponsor of Camp Cadet for boys and girls 11-14 years of age.
Treasurer
The Treasurer is the custodian of all County funds. Payments of County taxes and fees, state and federal grants and
other monies due the County are received and deposited by this office. The Treasurer is responsible for payment of
all funds on proper authorization for obligations incurred by the County. Investment of County funds is also handled
by this office. As an agent for the state, the office sells licenses for hunting, fishing, dogs, bingo and small games of
Jury Commissioner
The Montgomery County Jury Selection Commission is responsible for providing a qualified pool of jurors to
ensure the right of all citizens to a trial by an impartial jury. Citizens who fulfill their jury service obligation are
continuing a tradition established under the United States Constitution over two hundred years ago. Indeed, the right
to a trial by an impartial jury of one's peers is an integral part of the foundation of American democracy. If by the
end of your first day of service you are not on a jury or are not in a courtroom for jury selection you will be
discharged. If you are chosen for a trial you must serve until that trial is over.
______________________________________________________________________________________
Review Questions: Write your answers on a separate sheet of paper. Be sure your work is
thorough and complete.
COUNTY
1. Counties in Pennsylvania are classified by what?
2. Give an overview of the work of county government.
3. What activities or services are provided by county governments in Pennsylvania?
4. Why is it important to have records of land transfers, marriages, passports, etc…?
5. County Row Officers are? List all of the county officials (row offices).
6. Choose one county office (department) and explain in detail their responsibilities.
7. Why is it required to have at least one county commissioner be of a different political party?
8. An option that gives local government the power to set up the rules for governing themselves instead of
following the rules created by the state legislature is called?
9. What is a municipality?
________________________________________________________________________
CITY OF PHILADELPHIA
Philadelphia is classified as a 1st class city under the Pennsylvania Constitution. The City of Philadelphia is both a
city and a county. It is divided for political and administrative purposes into 66 WARDS. Each Ward has from
11,000 to over 50,000 people. Philadelphia is like 66 cities consolidated into one. The population of Philadelphia is
approximately 1.5 million. It is the fifth largest city in the United States.
The city government is headed by the Chief Executive of Philadelphia, the MAYOR.
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. Qualifications: 25 years of age minimum and a resident of Philadelphia for at least 3
years. Powers: execute and carry out ordinances (LAWS) made by City Council and veto power and Line item veto
power in appropriations bills.
Mayor’s Cabinet: Managing Director: appointed by Mayor, 2nd most powerful person in city; in charge of fire,
health, licenses and inspections, police, water and welfare departments. Director of Finance: appointed by Mayor,
chief financial, accounting and budget officer in city. City Representative: director of commerce and represents
Mayor at public functions. City Solicitor – head of the city legal department.
The City School Board is the only PA. Municipality that has a school board appointed by the Mayor – they are
responsible to the Mayor
The Legislative Branch – CITY COUNCIL
Role: To Pass ordinances (LAWS). 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. Qualifications: must be at least 25 years of age; and American citizen; and live in the city for
one year. Philadelphia is controlled by the Democratic Party.
Small Cities. have three options of government:
1. Commission Form
2. Council-Manager Form
3. Mayor-Council Form
Commission Form
Five elected councilmen (commissioners) are elected and constitute the council (commission) which is the
governing body of the city. They mayor is one of the members and acts as president. Each of them is in charge of
one of the five major departments: Public Affairs, headed by the mayor; Accounts and Finance; Streets and Public
Improvements; Park and Public Property; Public Safety. These councilmen, along with the treasurer, controller, and
assessor, are elected for four year terms. The council appoints all other officers and employees.
Council- Manager
In this system, all authority is in the council which is composed for five, seven, or nine members who are elected for
four year terms. The council elects one of its members as mayor who presides over the city council, but has no
controller. The council appoints a duty clerk, and a city manager. The manager is the chief administrative officer of
the city. He appoints department heads and other officers. He may be replaced by the council.
Mayor-Council
The city council under this form may have five, seven, or nine members elected at large for four year terms. A
mayor, treasurer, and a controller are also elected for four year terms. There may be up to nine departments of the
city. The mayor is the chief executive of the city and enforces the ordinances of council. He may attend meetings of
the council, but has no vote. He may veto ordinances of the city which 2/3 of the council can override. He supervises
the work of all city departments and submits a budget for council approval. Under this form the mayor usually
appoints various department heads and other officers.
TOWNSHIP AND BOROUGH GOVERNMENT
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.
Council members, Commissioners, and Supervisors:
These are the most important officials within your borough or township. They are the chief lawmakers
and leaders. They control the financial matters by deciding on tax rates, deciding how the budget is
organized and approving the spending of municipal funds. They approve the hiring and firing of borough
or township staff. They make the ordinances (laws and regulations) for the municipality. Actions can
only be taken by these groups when a majority of their members agree and vote together.
TOWNSHIPS
Townships are classified by POPULATION (Hatfield, Upper Gwynedd)
1st Class Townships: there are 91 in PA. and most could be cities by population but choose not to be.
Highly developed and suburbanized township
Board of Commissioners
5 Commissioners when elected AT LARGE
They are the Legislative and Executive Branch of Township government
Proposed Ordinances (LAWS) must be published in local newspaper prior to passage
Can have 5 or more Commissioners when elected by WARDS- 1 per ward
4 year terms, elections every 2 years
More powers to make laws and provide services than second class townships
2nd Class Township: There are over 1450 of these townships. (Montgomery, Towamencin)
Should be more rural and undeveloped
Meant to handle only the most basic government services – they don’t expect to have as many
complicated issues to manage here
Board of Supervisors
3 Supervisors (but the township can choose to have 5 instead)
Role is both legislative and executive, meet at least monthly
6 year terms, elections every 2 years
Less power to tax and make laws because this area should have less population and face fewer
challenges
that require municipal government
BOROUGHS
Small city or town (Lansdale, Hatfield, North Wales)
Historically the place where the conveniences of modern living were provided (street lights, libraries,
sewers, etc.)
“Main Street USA” feel
Borough Council
Between 7 members if elected AT LARGE or up to 15 members if elected by WARDS
4 year terms, elections every 2 years
Mayor:
Mayors are only elected for boroughs. (Unless a special arrangement is made in a township with a HRC.)
Borough mayors serve 4 year terms.
Much of a mayor’s work is symbolic – representing the borough at ceremonial and official functions
(parades, greeting visiting officials, openings of new businesses, etc.)
The mayor’s main power is supervising the borough police department.
Mayor’s have some legislative power: they can vote to break a tie on borough council and can veto
certain council votes. (But borough council can override the mayor if the council can get a 2/3 majority
vote.)
SERVICES PROVIDED BY TOWNSHIPS AND BOROUGHS
Building and maintenance of roads and bridges, sidewalks, storm water drainage facilities, wharfs and
docks (if applicable), sewers and sewage treatment facilities, public buildings for the operation of the
municipality, parks and playgrounds.
Lighting of roads & public places
Ensure health, safety, and public well-being
Provide police and fire protection, hospital services, water services, garbage removal
Oversee the operation, condition, and location of cemeteries
Zoning and planning commissions
Establish and enforce minimum building quality standards
Acquiring land for the good of the municipality (Eminent Domain)
Collect taxes
Provide licenses and permits for activities which the municipality requires them
Provide for and maintain shade trees
Operate libraries
TOWNSHIP AND BOROUGH- ELECTION OPTIONS:
Elections by Wards vs. “At Large” Elections
There are two different approaches to electing local leaders. Sometimes all elected officials are chosen
“at large.” In some communities, some elected officials will be chosen “at large” and others will be
chosen by wards.
Ward: Elections are conducted for the municipality by subdividing the municipality into sections. These
sections are called wards and are simply used as small territories within a municipality from which an
elected official must be chosen. Candidates running by ward can only be elected by residents of their
ward. Likewise, residents voting by ward can only vote for the candidates on the ballot in their ward.
Wards are in no way autonomous – they cannot govern themselves differently from any other part of the
municipality. Elections by ward are sometimes done to ensure equal representation for all residents of a
municipality.
“At Large” Elections: Here, there are no voting subdivisions of the municipality. Everyone within the
municipality can vote for any of the candidates running in their municipality.
______________________________________________________________________________________
Review Questions: Write your answers on a separate sheet of paper. Be sure your work is
thorough and complete.
CITIES, BOROUGHS, TOWNSHIPS
10. Name all the municipalities that make up the North Penn School District.
11. The titles of the directors of a first-class township, a second class township and a borough are.
12. A Borough mayor’s role is what?
13. Identify five (of the many) services boroughs and townships provide that state or national
governments do not.
14. Explain two ways Boroughs differ from Townships.
15. What is the difference between a “ward” and an “at large” election?
______________________________________________________________________________________
Download