A ballot question approved by the Luzerne County Council in October will go to primary voters April 23 to convene a seven-citizen commission to decide whether to reevaluate the government structure. It has become.
All primary voters, regardless of their affiliation, will decide on the question and choose the seven people who will vote if the referendum passes.
If the answer is yes, the committee will have nine months to report its findings and recommendations, and a further nine months if it chooses to prepare and submit government changes. . If the committee recommends electing the council by district rather than at large, an additional two months is allowed.
Voters must ultimately approve the commission's recommendations before they take effect.
The Commission is free to recommend changes to the existing Charter, an entirely new Charter, or a return to the previous three-member/horizontal structure replaced by the implementation of the 2012 National Regulations. Under Home Rule, decision-making was divided between the legislative and executive branches, handled by an 11-member council and appointed county leaders.
Some City Council members have expressed concern that the committee will recommend reverting to the previous tier 3 county code system, but responses from search committee candidates suggest that is likely. The sex seems to be low.
The nonpartisan Wilkes-Barre Area League of Women Voters specifically asked candidates whether they thought the commission should propose returning to the previous three-member system.
Thirteen of the 17 candidates completed the organization's survey and said no. The remaining four later told the Times Leader that they were not advocating a return to the previous system.
conflict of charters
In his recent annual report, County District Attorney Sam Sanguedolce praised the Legislature for putting the commission's question on the ballot.
“I won't go into excruciating detail, but I think anyone who has been in this county knows that there are serious issues that conflict with the Home Rule Charter and the Constitution and other state laws,” Sangdolce said. he said.
Sanguedolce publicly encouraged Congress to approve the referendum last July. He praised the charter's drafters for creating a new form of government from scratch, but said some provisions of the charter conflict with state law, creating confusion and “fodder for litigation.”
In a recent speech, he told Congress he was in favor of preserving the national regulatory structure with amendments.
“I just hope everyone will join us in supporting amendments to our charter,” he said.
The Charter contains an important disclaimer that is the root of many of the interpretive questions that have surfaced, stating that “Applicable law prevents the Charter of National Regulations from superseding state law.'' “Except in certain cases.” The county attorney's office is regularly tasked with issuing opinions on how to proceed.
Council deputy leader Brian Thornton said some directives could be interpreted differently and needed to be “cleaned up” to clarify the wording of the charter.
“While this charter was very well written when it was introduced, we didn't foresee all the pitfalls. When we encounter these pitfalls, we don't know what to do,” Thornton said.
Thornton said Congress has sought to correct some of the discrepancies, but they are seen as major structural changes that cannot be achieved without the establishment of a commission of inquiry.
“The public thinks they can just make these changes on the floor. We've tried that, and that's not allowed,” he said. “My biggest fear is that the public doesn't understand why we want this commission.”
Mr Thornton stressed that he supports domestic governance and believes the system to be “very successful”.
Council President John Lombardo also cited language ambiguity as a priority he would like the commission to address if approved.
“Any area where our Charter conflicts with the law must be brought to the forefront of the conversation and must be amended,” Lombardo said.
Other changes
If the referendum passes, the size of the parliament is expected to be increased.
The charter drafters chose a larger council of 11 people to allow more people to be involved in decisions. In other words, those seeking parliamentary approval must persuade a majority of at least six people. If parliament is shrunk, its majority will be reduced.
But critics say 11 is too many and would make legislative action counterproductive.
Lombardo said a council of five or seven members could be better.
“I think the commission should seriously consider shrinking the council to a smaller number that is more manageable to make it easier to continue the good work,” he said.
Lombardo said the role of the election commission would also be defined to end ongoing disagreements over what duties the election commission and the election bureau/administration should perform under the Charter and state law. said it should.
He no longer has any plans to change to district-based parliamentary elections.
“I don't really know if districts will work. It seems like it's going to be difficult to create districts because of where the boundaries are drawn. It's going to take a lot of effort and effort. '' Lombardo said.
Charter drafters opposed legislative districts, arguing that legislators should focus on what was best for the county as a whole, not specific areas. Potential City Council candidates will also have a harder time defeating those with deep roots in their districts, they said.
Advocates for the districts say the change will ensure Congress has members from each district.
Like other lawmakers, Lombardo supported the national rules, saying they were much more transparent and “a night and day difference” compared to the previous system.
County Commissioner Walter Griffiths said he supports activating the commission but is not actively encouraging people to vote yes. He said the success of the commission depends on the composition of the people elected to serve on it, and each voter needs to decide whether they are comfortable with their choices.
“I think self-government is a great form of government, but there are issues that need to be addressed,” Mr Griffiths said.
Mr. Griffith agreed that “ambiguities in the Charter” should be eliminated to reduce reliance on guidance from county law offices.
Conflicts over the authority of the election commission should also be addressed, he said.
Mr Griffiths does not support constituency-based parliamentary elections, saying it leads to “parochialism”.
Reducing the number of city council members to seven “may be a good thing,” but he has reservations.
“Eleven opinions is unwieldy and takes time to meet, but seven opinions may not be enough to represent you. That would require analysis,” Griffiths said. Told.
candidate
Candidates for the commission, in the order they appear on the ballot: Cindy Marchems, Dallas Township; Mark Shaffer, Wilkes-Barre; Alisha Hoffman Mililovich, Fairview Township. Vito Maracari, Hanover Township; Claudia Grennan, Salem Township; Stephen J. Urban, Kingston. Andy Wilczak, Wright Township; Ted Lissick, Forty Ft. Charles Sciandra, Duryea. Mark Labo, Hazleton. Sandra DiBeers, Hazle Township; Tom Bassett, Pittston; Vivian Kreidler Lisina, Nespec Township; Fermin Diaz, West Hazleton. Matt Mitchell, Plains Township; Timothy McGinley, Kingston. and Dave Champ, West Pittston.
The Wilkes-Barre Area League of Women Voters asked committee candidates a second question as part of its primary voter guide posted at lwvwba.org. Have you been selected as a member of the research committee? ”
Here are the answers from the 13 people who submitted answers:
• Bassett: “I have no agenda and intend to study the charter carefully and openly, seeking input from stakeholders.”
• Chaump: “Provisions of the Charter that are legally inconsistent with the Pennsylvania Constitution.”
• Diaz: “If I am elected, I will approach the role without any preconceptions about what needs to change.”
• Grennan: “A thorough review of the current charter, including research and community input, is essential.”
• Malacari: “We must be willing to consider all aspects of the Charter's effectiveness, including the size of Parliament.”
• Markemes: “We intend to study other charters in order to make decisions about amendments to the current one.”
• McGinley: “We'd like to hear people's opinions on the charter, including comments on the number of City Council members and how they are elected.”
• Hoffman-Mirlovic: “The entire charter. Recommendations based on a complete evaluation and input from the community.”
• Mitchell: “County council members should be reduced to five and elected by district/region rather than at large.”
• Lab: “Provision that allows Congress to remove elected officials for violating the PA Constitution.”
• Lissick: “Reducing the size of the Luzerne County Council from 11 members to 5, 6 or 7 members.”
• Schaefer: “The focus should be on considering feedback from other charters and the community, rather than a specific agenda.”
• Wilchuck: “You can't answer this without first thoroughly studying the Charter and comparing it to other Charters.”
Below is a summary of responses to questions from the remaining four commissioner candidates based on follow-up interviews.
• De Beers: “I don't have any specific plans. For me, it's just a matter of studying what we have and seeing if there is anything we can improve on.”
• Kreidler Lisina: “Unless the flaws in the charter are fixed, there will always be problems. There are conflicts with state law.”
• Ciandra: “We need to look at where state law overrides the charter and fix it. Obviously we need to reduce traffic congestion. I definitely agree with five to seven city council members. .”
• Urban: “We need a different mix of people on election boards. I think that's very important.”
The study committee, made up of the county's last 11 residents, held weekly meetings from June to December 2009, broadcast online, and solicited public input each time. It was then that we decided to take the next step and draft a proposed charter.
The final report and recommended charter were released in August 2010 and approved by voters in the November 2010 general election.
The committee hired an attorney and assisted the Pennsylvania Economic Federation as a consultant.
Candidate background
Brief background of the committee candidates based on filings and/or public statements:
• Bassett — Music teacher running for state senate against Marty Flynn in 22nd District in 2022.
• Chaump — Long-time music educator and self-employed in the fields of entertainment, real estate, and new product development.
• DeBiase — Retired Nurse
• Diaz — Civil engineer and professor at Penn State Hazleton.
• Glennan — Retired business development/marketing/recruitment consultant and former naval officer.
• Kreidler Lisina — a housewife who ran for county council last year.
• Malakali — public high school teacher.
• Malkemes — Academic counselor and associate professor at Luzerne County Community College
• McGinley — Member of the Wyoming Valley West School Board, previously served on the County Council for 12 years, and retired non-profit administrative director.
• Hofmann Mirlović — Executive Director of Action Together NEPA and In This Together NEPA
• Mitchell — Geographic Information Systems (GIS) Coordinator for the Wyoming Valley Health Department and former county council member
• Lab — A commercial truck driver, a member of the county Redevelopment Authority and the department's representative on the county's Blighted Property Review Board.
• Ritsick — Professional planner, current member of the county's Wyoming Valley Airport Advisory Committee, and former Forty Fort Borough Council member.
• Sciandra — Former consulting firm owner, current chair of the County Transportation Department, and former member of the recent County Administrator Search Committee.
• Schaefer — Research Analyst at The Institute
• Urban — IT support coordinator for a large food distribution company and former county councilor.
• Wilczak — Associate Professor of Sociology, Wilkes University
Contact Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.
