Monday, March 2, 2020

WASHINGTON COUNTY SHOULD RECONSIDER HOME RULE



In 1968 a new local government article to the Pennsylvania Constitution guaranteed the right of all Pennsylvania counties and municipalities to adopt home rule charters and exercise home rule powers. The constitutional change was hailed as a watershed in the history of local government in Pennsylvania.  The basic concept of home rule was straightforward. The power to act in municipal affairs was transferred from state law, as set forth by the General Assembly, to a local charter, adopted and amended by local voters.  

 Change is never easy and in fifty years, only six Pennsylvania counties have adopted home rule as their form of government. In 2002 Washington County voters approved a commission to adopt a proposed home rule charter. Unfortunately, the work went for naught when the referendum to approve the draft charter was defeated in a subsequent election. Many believe the effort was doomed to fail because Washington County was not ready for major revisions in government structure.  For a variety of reasons now is the time to revisit home rule in Washington County.

I can hear the doubters as I put pen to paper: “We tried that already and Washington County turned down home rule.” “This is sour grapes after Democrats lost county wide elections in Washington County.” “Give the new Commissioners a chance to govern.” “Home Rule is about raising taxes.”

Washington County was a much different place at the turn of the century when home rule was first considered. We have now evolved from a rural farming district into one of the most unique local areas in the country. An urban bedroom community in the north, with a large industrial park, close to an international airport. A county with a destination entertainment complex at the intersection of two interstate highways, with a casino, race track and discount shopping mall. It is a modern industrial county at the center of the Marcellus Shale fracking industry. Our southern border blends into Appalachia, an area where the dying coal industry and years of neglect is still marked by poverty.  Clearly, the cookie cutter model for county government, mandated by Harrisburg, does not fit Washington County’s changing profile.

My position is not based on the recent changes in party leadership of the commissioners’ or row offices.  Had the Democrats retained control of county government it would still be time to revisit home rule. 

 The argument that home rule is only about officials seeking to raise taxes is not true for Pennsylvania counties that have adopted this form of government. According to a study conducted by Penn State: “the residents of home rule counties enjoy a greater level of government services yet do not pay higher taxes than the residents of non-home rule counties.”  I have no doubt that our fiscally responsible county officials can be trusted with broad based home rule taxing authority to fashion creative solutions for our citizens.

What is to be gained by adopting home rule in Washington County? First, the county row offices could be eliminated and replaced by a non-elected, modern Department of Court Records.  The small patronage-driven offices for civil filings (Prothonotary), criminal filings (Clerk of Courts), real estate filings (Recorder of Deeds) and wills and estates (Register of Wills) could be combined into one court-based administrative operation.

The new Department of Court Records would be organized in accordance with best record keeping practices and would save money by eliminating overlapping expenditures in each of the existing operations.  The small elected row office fiefdoms are anything but efficient.  Appropriate audit controls would eliminate fiascoes like the recent unexplained missing large deposits in the Clerk of Court’s office.

Second, Washington County could replace the elected office of Coroner with an appointed Medical Examiner who would be an experienced pathologist. At a minimum, Medical Examiners have completed an anatomic pathology residency and a forensic pathology fellowship.

Third, a county home rule charter would provide the opportunity to replace the three-commissioner system authorized by state law with a single elected chief executive.  Under this model, adopted by Allegheny County and others, a county-wide counsel would also be elected to work with the executive in conducting county business.  The executive would be a single voice and the counsel would reflect the very different needs and priorities of Washington County’s diverse voters.

The Romans taught us in 60 BC that a three party triumvirate, similar to our commissioners, was no way to run a Republic.  There was little that Caesar, Pompey and Crassus could agree on and much finger pointing when things did not go according to plan.  The experiment degenerated into a dictatorship.

When our forefathers considered how to organize the federal executive branch in the Constitution, Alexander Hamilton carried the day in Federalist No.70 “The Executive Department Further Considered.”  He wrote: “Energy arises from the proceedings of a single person characterized by decision, activity, secrecy and dispatch, while safety arises from the unitary executive’s unconcealed accountability to the people.”  Washington County voters are entitled to vote for a single executive who alone is answerable for his/her actions.

 In addition to the above, home rule would make Washington County less dependent on state government in other respects. We would have greater control in addressing:  a) economic development needs; b) the demands on county government for local services; and c) such control would permit rapid response to address unique problems without waiting for Harrisburg to take action.

The Pennsylvania counties that have adopted home rule have taken local control of their futures.  It is time for Washington County to join them.


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