ELECTED REPUBLICANS HAVE MADE THE CASE FOR HOME RULE

In proposing a home rule form of government for Washington County, I know that I will be accused of kicking a dead horse. After all, in November of 2021, Washington County voters soundly defeated a referendum to appoint a Government Study Commission to consider home rule.

In the summer of 2021, Democrat Commissioner Larry Maggi and Republican Diana Irey Vaughan, encouraged by a group of concerned citizens, voted to support the referendum. Sadly, Republican Commissioner Nick Sherman and the local Republican Party fought vigorously to defeat the proposal to elect citizens who would study methods to reform Washington’s government. Ironically, after seven months of county leadership under the new Republican regime headed by Sherman, the case for revisiting the formation of a Government Study Commission has never been stronger.

My commentary will begin with a discussion of the advantages of home rule followed by background on Pennsylvania counties where voters have chosen to adopt this versatile form of government. Next, I will make the case that Washington County, more than ever, needs a commission of citizens to recommend home rule reforms.

Without home rule, local leaders cannot address continued unconscionable behavior by Republican elected officials in the Controller and Prothonotary offices. Moreover, continued lack of transparency by the two Republican commissioners demonstrates the need for intergovernmental checks and balances, achievable only through home rule.

Advantages of Home Rule. According to information published by the Pennsylvania Governor’s Center for Local Government Services, counties where the voters appointed a commission to study improvements and then voted to adopt home rule have greater control over deciding their form of government. These counties manage an expanded number of governmental decisions that arise in daily life. Authority for most regulatory matters is transferred from state laws to each county’s home rule charter. Home rule is essentially a customized county constitution.  Decision-making is based on community needs rather than the “one-size-fits-all” state code cobbled together decades ago.

Under the revised 1968 Pennsylvania constitution, “A municipality which has a home rule charter may exercise any power or perform any function not denied by this Constitution, by its home rule charter or by the General Assembly.” By contrast, Washington County is constrained by state mandated municipal codes.

The traditional objection to home rule is that it can be used to raise taxes. In Pennsylvania, home rule counties have all made the conversion to reform their governments and taxes have not increased.

Where Adopting Home Rule has worked. Seven Pennsylvania counties are now home rule jurisdictions: Allegheny, Delaware, Erie, Lackawanna, Lehigh, Luzerne, and Northampton. Philadelphia, as Pennsylvania's only first-class jurisdiction, has always operated under special state legislation. The home rule jurisdictions of Allegheny and Erie are unique, with their larger populations and urban areas. The other home rule jurisdictions are suburban, medium-sized counties, all growing in population, similar to Washington County. Like Washington, the political trend in these counties has been from solidly Democratic registration to more Republican over the past decade.

Each of the home rule counties have adopted a distinctive governmental system after careful citizen deliberation and voter approval. In Northampton, the voters elect a county executive, nine-member county council (five at large, four by district), controller, and district attorney. All other managerial positions including sheriff, coroner, and court row offices are nominated by the executive and approved by county council.

In Delaware, a five-member council, all elected at large to four-year terms at two-year intervals, make major county decisions.  The council appoints an executive director to act as the day-to-day administrator over certain designated county departments. The district attorney, sheriff, controller, and register of wills are the only other elected officials under Delaware’s home rule.

In Luzerne, there is an eleven-member at large council staggered over two year intervals with a three term limit. Council appoints a county manager to oversee operational issues, including all judicial row-office services, sheriff, and coroner. The only other elected officials are district attorney and controller.

The Lehigh County government has an elected county executive, district attorney, clerk of judicial records responsible for all court row offices, sheriff, controller, and coroner. Nine “commissioners” serve on a council with five elected by district and four at large.

Why Washington County Needs Home Rule. In addition to the obvious advantages, there are specific reasons why a home rule referendum is needed now. First, the elected prothonotary, controller, and two years ago, elected clerk of courts have abused their positions by being arrested (controller, clerk of courts) or by filing expensive frivolous lawsuits (prothonotary). Home rule permits a county executive to propose professional, non-partisan individuals for these positions, approved by a transparent county council. Appointed managers can be disciplined or fired for inadequate or bad behavior.

Second, the three-commissioner system has broken down in Washington County. The majority Republicans are making high-level hiring decisions without conferring with the minority commissioner and without transparent vetting of candidates. Moreover, other closed-door politically motivated decisions are being made without the broad input and veto power that a home rule county council would provide.

Third, the Washington County Republican Party has consistently called for “strong county reforms” and “term limits”. The only way to achieve these goals is to convene a citizens’ study commission who can recommend a home rule charter.

It is now up to concerned Republicans to call for a referendum that can recommend improvements to county government.