PRINTER'S NO. 831
No. 767 Session of 1989
INTRODUCED BY SALVATORE, APRIL 3, 1989
REFERRED TO URBAN AFFAIRS AND HOUSING, APRIL 3, 1989
AN ACT
1 Providing for additional means by which qualified electors of
2 cities of the first class may amend and revise their home
3 rule charters and home rule charters for public education.
4 TABLE OF CONTENTS
5 Section 1. Short title.
6 Section 2. Definitions.
7 Section 3. Cities empowered.
8 Section 4. Initiation of proceedings.
9 Section 5. Appointment of members of commission.
10 Section 6. Vacancies.
11 Section 7. Organization of commission; framing of proposed
12 charter provisions.
13 Section 8. Filing and distribution of proposed charter
14 provisions.
15 Section 9. Submission of charter provisions to the vote.
16 Section 10. Effect of adoption of charter provisions on
17 existing laws.
18 Section 11. Recording and filing of charter provisions;
1 printing in pamphlet laws.
2 Section 12. Conduct of elections; returns.
3 Section 13. Notice of election.
4 Section 14. Compensation to members of the commission and
5 expenses paid by city.
6 Section 15. Mandatory effect.
7 Section 16. Exemptions from limitations.
8 Section 17. Effective date.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Short title.
12 This act shall be known and may be cited as the First Class
13 City Home Rule Charter Revision Act.
14 Section 2. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Board of elections." The board of elections, board of city
19 commissioners, board of county commissioners or similar body
20 performing the duties of a county board of elections in the
21 county in which a city of the first class is located.
22 "Charter provisions." Either those sections which shall be
23 added to an existing home rule charter as defined in this
24 section or amendments to an existing home rule charter as
25 defined in this section.
26 "City." A city of the first class.
27 "City council." The city council of a city of the first
28 class.
29 "Commission" or "charter revision commission." The
30 commission authorized by section 3 and appointed pursuant to the
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1 provisions of sections 4 and 5.
2 "Home rule charter." A home rule charter adopted by a city
3 of the first class pursuant to the act of April 21, 1949
4 (P.L.665, No.155), known as the First Class City Home Rule Act,
5 or a home rule charter for public education adopted by a home
6 rule school district pursuant to the act of August 9, 1963
7 (P.L.643, No.341), known as the First Class City Public
8 Education Home Rule Act.
9 "Mayor." The mayor of a city of the first class.
10 Section 3. Cities empowered.
11 Any city of the first class may frame and adopt charter
12 provisions under procedures provided for under this act. The
13 procedures provided for in this act shall be concurrent to and
14 in addition to those procedures set forth in the act of April
15 21, 1949 (P.L.665, No.155), known as the First Class City Home
16 Rule Act, and the act of August 9, 1963 (P.L.643, No.341), known
17 as the First Class City Public Education Home Rule Act.
18 Section 4. Initiation of proceedings.
19 Within 90 days of the effective date of this act, a charter
20 revision commission shall be appointed for each city of the
21 first class. The purpose of each commission shall be to prepare
22 amendments to and charter provisions for the home rule charter
23 of the city for submission to the qualified electors of the city
24 for approval or disapproval in a referendum.
25 Section 5. Appointment of members of commission.
26 The commission shall consist of seven members. One member
27 shall be appointed by the Governor. One member shall be
28 appointed by the Speaker of the House of Representatives. One
29 member shall be appointed by the Minority Leader of the House of
30 Representatives. One member shall be appointed by the President
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1 pro tempore of the Senate. One member shall be appointed by the
2 Minority Leader of the Senate. One member shall be appointed by
3 the president of the city council. One member shall be appointed
4 by the minority leader of the city council. All members of the
5 commission shall have been qualified electors of the city for a
6 period of one year prior to the effective date of this act. All
7 appointments shall be made within 30 days of the effective date
8 of this act.
9 Section 6. Vacancies.
10 Any vacancy in the membership of the commission caused by
11 death, resignation, removal from the city or otherwise shall be
12 filled by appointment by the appointing officer for that vacant
13 seat within 30 days of the occurrence of the vacancy.
14 Section 7. Organization of commission; framing of proposed
15 charter provisions.
16 The Governor shall call the first meeting of the members of
17 the commission so appointed within 30 days after their
18 appointment, to be held at a time and place fixed by him in his
19 call, and at such meeting the commission shall organize by
20 selecting from their number a chairman and a secretary, adopt
21 rules to govern its proceedings and proceed to discharge the
22 duties set forth in this act. All meetings of the commission
23 shall be open to the public, but, if the commission desires an
24 executive session, it may meet in executive session under
25 procedures and conditions consistent with the laws concerning
26 meetings of governmental bodies. Four members of the commission
27 shall constitute a quorum. All actions of the commission shall
28 be by a majority vote of all members. The commission shall meet
29 on such occasions as necessary, conduct public hearings in the
30 city and elsewhere, conduct studies as necessary, hire staff,
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1 incur reasonable expenses, take all other measures necessary for
2 the discharge of their duties and prepare charter provisions for
3 submission to the qualified electors of the city in a
4 referendum. The charter provisions shall be filed with the city
5 council no later than 180 days after the first meeting of the
6 commission.
7 Section 8. Filing and distribution of proposed charter
8 provisions.
9 The charter provisions proposed by the commission for
10 submission to the qualified electors of the city for their
11 approval or disapproval shall be filed with the city council,
12 which shall thereupon cause the proposal or proposals, together
13 with the form of the question or questions hereinafter provided
14 for, to be printed in pamphlet form in sufficient number for
15 general distribution. The pamphlets shall be made ready for
16 distribution at least 28 days before the election at which the
17 proposals are to be voted upon by the qualified electors, and
18 the proposals, together with the ballot questions, shall be
19 published once a week for three weeks in at least two newspapers
20 of general circulation in the weeks immediately preceding the
21 election at which the vote is to be taken upon the proposals.
22 Each ballot question shall be framed in brief form of not more
23 than 75 words by the commission. The commission may require that
24 its proposed charter provisions be submitted in two or more
25 parts and may also submit alternative charter provisions to
26 supersede designated portions of the proposed charter
27 provisions, if adopted. In such case, the commission shall
28 prescribe the form of questions in such a manner as will clearly
29 indicate the effect of the approval of such questions. The clerk
30 of the city council shall, within five days after the filing of
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1 the charter provisions proposed by the commission, certify an
2 exact copy of the test of such charter provisions, together with
3 the necessary ballot questions, to the board of elections in the
4 county wherein such city is situate. The board of elections
5 shall cause the ballot questions to be properly printed on the
6 ballots or ballot labels.
7 Section 9. Submission of charter provisions to the vote.
8 The proposed charter provisions shall be submitted to the
9 electors for approval or disapproval by the use of the ballot
10 questions, framed as aforesaid, at a special election occurring
11 more than 45 days after the proposed charter provisions are
12 filed with the city council. The special election shall be held
13 on a day as shall be fixed and designated by the commission,
14 which may be the day for holding any primary or regular November
15 election, or a day other than a day for holding any such
16 election in the city.
17 Section 10. Effect of adoption of charter provisions on
18 existing laws.
19 Any charter provisions thus proposed, which are approved by a
20 majority of the qualified electors voting thereon, shall become
21 the organic law, or part thereof, of the city at such time as
22 may be fixed therein and all courts shall take judicial notice
23 thereof. So far as the charter provisions are consistent with
24 the grant of powers and the limitations, restrictions and
25 regulations hereinafter prescribed, they shall supersede any
26 existing charter and all acts or parts of acts, local, special
27 or general, affecting the organization, government and powers of
28 such city, to the extent that they are inconsistent or in
29 conflict therewith. All existing acts or parts of acts and
30 ordinances affecting the organization, government and powers of
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1 the city, not inconsistent or in conflict with the organic law
2 so adopted, shall remain in full force. No contract existing at
3 the time of the adoption or amendment of a charter by a city
4 under the provisions of this act shall be affected thereby, but
5 such contract shall have the same force and effect and be of the
6 same validity as if such charter had not been adopted or
7 amended.
8 Section 11. Recording and filing of charter provisions;
9 printing in pamphlet laws.
10 The clerk of the city council shall forthwith cause the
11 charter provisions, as approved by the qualified electors, to be
12 recorded in the ordinance book of the city. He shall also file
13 certified copies thereof in the office of the Secretary of the
14 Commonwealth and the text thereof shall be published as an
15 appendix to the next volume of the pamphlet laws subsequently
16 published.
17 Section 12. Conduct of elections; returns.
18 All elections provided for in this act shall be conducted by
19 the election officers of the city in accordance with the act of
20 June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
21 Election Code. The elections officers shall count the votes cast
22 and make return thereof to the board of elections. The result of
23 any such election shall be computed by the board of elections in
24 the same manner as is provided by law for computation of similar
25 returns at any such election. Certificates of the result of any
26 such election shall be filed by the board of elections with the
27 city council and with the Secretary of the Commonwealth.
28 Section 13. Notice of election.
29 At least 30 days' notice of each election herein provided for
30 shall be given by proclamation of the mayor of the city. A copy
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1 of such proclamation shall be posted at each polling place in
2 the city on the day of the election and shall be published in at
3 least two newspapers of general circulation in the city once a
4 week for three consecutive weeks during the period of 30 days
5 prior to the election, which publications may be included in the
6 publications required to be made under the provisions of section
7 7.
8 Section 14. Compensation to members of the commission and
9 expenses paid by city.
10 Such compensation to the members of the commission for their
11 services as the city council shall, by ordinance, deem proper,
12 the expenses of the commission, the cost of publishing,
13 distributing and advertising the proposal or proposals of the
14 commission or of the city council and the proclamations as
15 required by sections 7, 8, 10, 11 and 12, and all other expenses
16 of the commission and of the city council incurred in connection
17 with any proceedings hereinbefore provided for, when not
18 otherwise provided for by law, shall be paid from the city
19 treasury and the city council shall provide therefor.
20 Section 15. Mandatory effect.
21 All actions set forth in this act to be executed by the
22 Governor, Speaker of the House of Representatives, Minority
23 Leader of the House of Representatives, President pro tempore of
24 the Senate, Minority Leader of the Senate, president of the city
25 council, minority leader of the city council, clerk of the city
26 council, mayor, city council, employees of the city and board of
27 elections are mandatory.
28 Section 16. Exemptions from limitations.
29 This act is not limited by section 16 of the act of April 21,
30 1949 (P.L.665, No.155), known as the First Class City Home Rule
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1 Act, and section 17 of the act of August 9, 1963 (P.L.643,
2 No.341), known as the First Class City Public Education Home
3 Rule Act.
4 Section 17. Effective date.
5 This act shall take effect immediately.
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