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Home Rule
The Pennsylvania 1874 Constitution has been amended to permit counties, cities, boroughs
and townships to have home rule charters. The first amendment was adopted in 1922 and authorized
cities to have charters. This amendment required implementing legislation which was finally
adopted in 1949, but limited to cities of the first class (Philadelphia). The City=s Charter was
approved by the voters in 1951. 2 The State=s 1967-68 Constitutional Convention proposed an
amendment extending home rule power to all other local governments. This proposal was approved
by the voters in 1968.
Home rule is a concept designed to reduce a state=s control over its local governments.
Authority to act on municipal affairs is transferred from state legislative activity to a local charter,
approved and amended by local voters. Home rule does not set a municipality adrift from the rest of
the state. It is subject to restrictions found in the United States and Pennsylvania Constitutions and
in state municipal laws of general applicability. Local autonomy under home rule is a very limited
Aindependence.@
Legislation to implement this amendment was adopted by the General Assembly in 1972. The
Home Rule Law establishes the procedure to study the home rule issue and to make
recommendations. These must be approved by the voters. The 1972 law also contains a number of
restrictions on home rule municipalities, such as in the area of taxation. 3
To date, 75 local governments either have a home rule charter or function with an optional
form of government. Of this number, five are counties, 19 cities, 33 townships and 18 boroughs.
Fifteen cities have used the 1957 optional charter law to change their government structure.
County Government
The structure of county government is similar to that of townshipsCa popularly elected
governing body and no separately elected executive office. The county board is a three member
commission, only two of which may be from the same political party.
In addition to the elected three member governing body, there are other elected officials who
function independently of the board. These include the sheriff, district attorney, prothonotary, clerk
of courts, register of wills, recorder of deeds and two jury commissioners whose duties are mostly
concerned with the work of the county court. Additionally, the elected controller or three auditors
and treasurer are county finance officers.
2 In 1957, the General Assembly adopted the AOptional Third Class City Charter Law@
which authorizes these cities to select a new governmental structure and granted those adopting a
new structure or plan limited home rule.
3 The 1972 law also authorized counties and municipalities to adopt an optional plan of
local government set forth in the law. Optional plan governments have no home rule power.
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