JAMES CITY — The Highland Township Home Rule Government Study Commission concluded its study of the Pennsylvania Second Class Township Code and has reached a consensus: They are drafting a Home Rule Charter.
The commission broke down the township code into three sections, and three groups of two commissioners each studied the township code which governs Highland Township to determine whether or not the code serves the township’s needs.
Commission secretary Misty Edinger read the nine questions asked of each of the six commissioners one at a time, and the answers of each of the commissioners consolidated into one voice.
The commissioners determined the code could be strengthened and made more accountable to the people by having “voters making decisions collectively, and living with the results of those decisions collectively, instead of the minority making the decisions,” Edinger read. She noted only the three township supervisors currently determine the future of the township under the Second Class Township Code.
Edinger cited the appointment of township supervisor Glen Hulings by Elk County President Judge Richard Masson in April to the vacancy created by the death of former township supervisor Paul Burton at the end of December as an example. She said the township residents should have the final say in filling a vacancy in an elected position.
“The judge does not live in Highland Township,” Edinger said, “and therefore does not have to live with the consequences of his decision.”
Edinger continued, alleging Hulings may have had an agenda prior to taking the oath of office.
“One of the consequences being a newly appointed supervisor seemingly being driven by personal vendetta and agenda,” Edinger read, “effectively dividing our township, in many cases, pitting neighbor against neighbor.”
Edinger recalled a recent meeting where a petition was presented to the supervisors, asking the current township bill of rights ordinance which prohibits injection wells in the township be left intact. She said they were told by one of the supervisors “we will do what we, the board of supervisors, think is best.”
Another question dealt with how a changed form of government could be made more economical or efficient. Commission treasurer Amy Beers said a Home Rule Charter could provide “organizational flexibility that could free the township from the requirements for second class townships in Pennsylvania.”
Beers noted a changed form of government could “also offer the potential to solve budget problems and lessen the dependence on property tax increases by controlling costs better.”
The Charter could be made efficient by “implementing helpful crisis prevention measures and eliminate protections for political minority representation,” according to Beers.
Edinger said the Second Class Township Code gives corporations more rights than people, while both the Declaration of Independence and the United States Constitution was drafted “by the people, for the people.”
“This is what the country was built on,” Edinger said, “and gives rights back to the people.”
The Declaration states a government consisting of elected representatives had a duty to protect human rights, Edinger pointed out. However, she said the final say should rest with the voters.
“Government by consent of the people,” Edinger stated. “The Declaration and the Constitution make it clear that the ultimate decision of how to best protect our rights remains secured in the people.”
The commissioners also do not believe the Second Class Township Code “provides for the needs and desires of the community,” nor represents the “principles of a democratic society,” Beers reported. She said there are many sections of the township code which “are not working for our small, rural township.”
Beers said the current code lacks flexibility, “and there are protections for political minority representation.” The commissioners are of the opinion the current code also provides more protections for corporations than it does for the people in the community, she said.
Edinger said the findings of the commissioners will be included in their final report at the end of the process.
Edinger also thinks it would be beneficial to set up a meeting with the township supervisors to ask them whether or not the current form of government is working. The commission will approach the supervisors at the next supervisors meeting and discuss a time to discuss whether or not it is in the best interest to keep the second class township code in Highland Township.
The meeting in its entirety can be viewed athttps://www.youtube.com/watch?v=TqfSv4rrZRg .
The next meeting will be at 7 p.m. July 21.
