FACTS about home rule

“The voters of a local jurisdiction elect a government study commission, charged with studying the existing form of government, exploring alternatives and deciding whether or not to recommend change. If the commission decides to recommend home rule, it drafts a charter that is presented to the voters for their decision.” (Home Rule Handbook Pg. 3)

“Wisdom, practical judgment and amateur enthusiasm are as fundamental to successful charter commission as are legal social and political expertise.” (Home Rule Handbook Pg.10)

“The commissioners must be aware their work is likely to have a long-term influence on the affairs of their community. They are not being asked to examine trivial matters relating only to a narrow scope of activity….” (Home Rule Handbook Pg.10)

“With only eighteen months to accomplish their work, the study commissioners are charged with producing the single most important document regulating the government of their municipality.” (Home Rule Handbook pg.12)

Existing ceilings on the rates of taxation will cease with the establishment of Home Rule. (Home Rule Handbook pg.42)

“Funding the operations of the government study commission is the responsibility of the local governing body.” (53 Pa. C.S. 2921(a) Home Rule Charter and Optional Plans Law)

“Home Rule Law to specifically state home rule municipalities are not subject to any limitations on the rates of taxation imposed on residents.” (53 Pa.C.S. 2962(i); Home Rule Charter and Optional Plans Law)

“The question of whether to include tax rate limits and what type of limits is a central area of concern for the government study commission.” “58%, have no maximum rate limits.” (Home Rule Handbook pg.41)

“The Reading charter limits real estate taxes to 105% of the previous year.”(Home Rule Charter of Reading, 306 Pa. Code 11.9-907)

“The act contains a definition listing authorized community development activities for code municipalities, but allows home rule municipalities to define the scope of community development programs on their own: “Home rule municipalities may define the term ‘community development programs’ within their own powers under a Home Rule Charter” (53 P.S. 5424; 1974 P.L. 865, No.292, Section 4) The statutory definition includes elimination of slums and blight, elimination of conditions detrimental to health, safety and public welfare, conservation and expansion of housing………Home Rule municipalities can narrow or broaden the definition in devising their own community development programs.” (Home Rule Handbook pg.69)

“While home rule municipalities must follow the procedures set forth in the Eminent Domain Code, there does not appear to be a restriction on the purposes for which eminent domain is exercised.” (Home Rule Handbook pg.69)

“The study commission should avoid obvious conflicts with overriding constitutional and statutory provisions. Many of these issues will arise and be dealt with during the commission’s study. Much of this can be done through exercise of common sense and seeking good advice.” (Home Rule Handbook pg.29)

“Once elected the members of the government study commission serve as representatives of the community at large in examining the current local government, considering alternatives, reaching decisions on how the local government might best be run, and presenting their recommendations to the voters.” (Home Rule Handbook pg. 10)

“Study commissioners are asked to “represent” all citizens in the community” (Home Rule Handbook pg.11)

“The initial fact-finding process is important, for the commissioners should not begin their deliberations with any preconceived notions.” (Home Rule Handbook Pg.11)

“For commissions drafting home rule charters, the work is much more complex. Even though such commissions are given 18 month to complete their work, they must be aware writing a charter is a time-consuming task.” (Home Rule Handbook pg.15)

“The commissioners will spend most of their time considering various viewpoints, discussing the advantages and the disadvantages of various governmental mechanisms and deliberating on the recommendations they will make. The final report constitutes the end result of this activity.” (Home Rule Handbook pg.21)

“At the end of study, discussion and deliberation extending over a period of 6 to 20 months, the members of the government study commission will have gained considerable expertise in the workings of their local government. This accumulated knowledge is put to use in drawing up their recommendations for the voters.” (Home Rule Handbook pg.47)

“Establishment of rates of taxation. – No provision of the subpart or any other statute shall limit a municipality which adopts a home rule charter from establishing its own rates of taxation upon all authorized subjects of taxation except those specified in subsection. (a)(7)”. (Home Rule Handbook pg.80)

“To conduct its affairs in a manner which will win the respect of the citizens and educate and stimulate citizens groups and officials to get the Charter adopted.” (Home Rule Handbook pg.10)

“The work of the government study commission may be one of the most formative acts in the life of the community.” (Home Rule Handbook pg.11)