Pilchesky v. Lackawanna County
624 Pa. 633
| Pa. | 2014Background
- Question presented: whether county commissioners may place an ordinance-generated referendum on a primary ballot to amend a home rule charter without first electing a government study commission when the proposal would abolish elected row offices.
- Lackawanna County operates under a home rule charter enacted in 1977, listing Sheriff, Clerk of Judicial Records, Recorder of Deeds, and Register of Wills as elected officers, with powers and duties defined in the Charter and related code.
- Ordinance 224, adopted February 5, 2013, proposed to abolish four elected offices and reassign their duties as legislative powers, while creating a new charter provision to remove those officers from the elected list and to appoint the Sheriff.
- The ballot question claimed to be an amendment to the Charter, but Pilchesky challenged it as effectively changing the form of government and thus, under 53 Pa.C.S. § 2911, requiring a government study commission.
- Trial court allowed a four-part referendum but recognized it as a form change; it, however, found no need for a government study commission under § 2911, relying on Subchapter C provisions for amendments.
- Commonwealth Court affirmed the trial court on the four-part referendum, but court of appeal later addressed whether such changes could be accomplished via amendment under Subchapter C without a study commission.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ordinance-generated amendment changes form of government | Pilchesky argues the abolition of four elected offices and appointment of the Sheriff constitutes a form change requiring § 2911 review. | Commissioners contend § 2941-2944 allow charter amendments by ordinance without a government study commission, and § 2911 is limited to government study considerations. | Amendment constitutes a form-of-government change requiring a government study commission. |
| Proper procedure for amendments to a home rule charter | Amendments to abolish offices cannot be accomplished without a government study commission. | Amendments may proceed under Subchapter C by ordinance without study commission. | Subchapter C amendments do not permit this form of change without a study commission; require § 2911 process. |
| Interplay between § 2911 and § 2941 in changing government | Use of § 2941 to amend should be seen as circumventing five-year moratorium and study-commission requirement. | § 2941(b) allows changes in method of election or related adjustments without study commission; broader changes fall under standard amendment process. | Five-year moratorium and study-commission framework apply to a change in form of government not limited to election method. |
| Mootness and public importance | Issue remains important regardless of May 21, 2013 election results; capable of repetition and evading review. | The referendum was rejected, so controversy is moot. | Mootness excepted due to public importance and repetition likelihood; merits reviewed. |
Key Cases Cited
- McCaskey v. Allegheny County Dept. of Elections, 139 Pa.Cmwlth. 229 (Pa.Cmwlth. 1991) (ballot changes that alter form of government; five-year waiting period considered)
- Wolfgang v. Allegheny County Dept. of Elections, 629 A.2d 316 (Pa.Cmwlth. 1993) (form-of-government changes; five-year moratorium and referendum timing)
- Borough of Warren v. County Bd. of Elections of Warren County, 425 A.2d 1113 (Pa.Cmwlth. 1981) (five-year moratorium on changing form of government; Warren framework)
- Lyons v. City of Pittsburgh, 586 A.2d 469 (Pa.Cmwlth. 1991) ( Lyons clarifies treatment of five-year moratorium in certain amendments)
- In re Petition for Agenda Initiative, 821 A.2d 203 (Pa.Cmwlth. 2003) (agency with agenda initiatives; interplay of home rule procedures)