JAMES CITY — As Highland Township, Elk County, continues to move forward in its exploration of the possible adoption of a Home Rule Charter, Citizens Advocating for a Clean Healthy Environment will host a public meeting with the founder of the Community Environmental Legal Defense Fund (CELDF), Thomas Linzey, Esq., at 7 p.m. Wednesday at the James City firehall, which will explain what a Home Rule Charter is, how it can possibly help the township, and discuss other topics related to the rights of local municipalities.

CELDF helped the township write its community Bill of Rights, which has been a law in the township since January of 2013. The ordinance was enacted in an attempt to prevent Seneca Resources of Houston from placing a wastewater injection well within a half-mile of the township’s watershed.

A Home Rule Charter offers a municipality increased autonomy, according to the handbook “Home Rule in Pennsylvania,” published by the Governor’s Center for Local Government Services. A Home Rule Charter, written by an elected government study commission within a municipality, allows a city, borough or township to create or adapt all governmental structure and powers to suit its needs, according to the handbook. Linzey likens it to a local constitution.

“The charter, if adopted by a majority vote, would give township residents more control over the decisions that directly affect them,” Linzey said. “As a democratically-drafted and enacted- document, it represents real democracy.”

Linzey said an advantage of a Home Rule Charter is the elected officials are held with greater accountability. He said home rule shifts the power to the people in the municipality, something many townships, including Highland, does not currently have.

“Right now, in a Second Class Township like Highland, the local board of supervisors can make decisions that may not reflect the will of a majority of people living within the township,” Linzey said.

Linzey sees no disadvantages with home rule, and the only arguments against it come from people he believes “feel threatened by democracy.”

“The majority of criticisms usually come from people in power who would prefer to protect their own interests,” Linzey said, “rather than allow the people of the community to decide.”

However, Pennsylvania law dictates rights are extended to both surface and mineral owners, according to Seneca’s Rob Boulware. Boulware said the township may be exceeding its authority under the Municipalities Planning Code. He said some municipalities “have been frustrated by their limitations under the MPC” and the rights of companies he said are protected by both the state and federal constitutions. He said a Home Rule Charter is no silver bullet.

“These municipalities are apparently ignoring the fact that there are also limitations under a home rule charter,” Boulware said.

Seneca recently expressed their displeasure at a recently passed ordinance in the city of St. Marys which moved the setback requirement from 1,000 feet measured from the edge of the well pad to 1,250 feet measured from the well bore. The city’s ordinance also requires drillers to go through the city’s zoning hearing board to receive their permit. The drilling company is prepared to figh thet St. Marys ordinance as well. St. Marys has adopted a Home Rule Charter.

Linzey acknowledges the Home Rule Charter is not a cure-all for Highland’s woes. He did say, however, the charter would give the residents of Highland Township more powerful tools to use when fighting to protect their water supply.

“Home rule vests the future of the community within the people,” Linzey said. “Home rule is about protecting rights by practicing democracy at the local level. It’s about making sure that the people of Highland Township are able to have direct involvement in the decisions that affect them, without simply having to accept mandates handed down by lawyers and lobbyists in Harrisburg and D.C.”

Linzey also will provide an update on the federal case between Seneca and Highland Township, but noted there has been little movement on the case.