One of the major differences between townships of the first class and townships of the second class in Pennsylvania is the level of property taxation.
Townships of the first class may raise those taxes to a much higher level, according to Elam Herr, the assistant executive director of the Pennsylvania State Association of Township Supervisors.
Herr gave a presentation to Concord Township’s Government Study Commission on Thursday, Jan. 8. The commission is charged with exploring various options for township government structure.
According to the PSATS assistant director, townships of the second class — such as Concord and most other townships in the state — may levy a property tax up to 14 mills, or up to 19 mills with court approval. Townships of the first class, however, may levy a property tax as much as 30 mills, or 35 mills with court approval. (Concord’s current property tax millage is 0.944 mills.)
Most all other taxes are comparable between the two types of townships, he said.
In response to a question, Herr said that changing to a township of the first class does not mean taxes would necessarily be increased, though they could be.
Townships of the first class may also levy an occupation tax up to 30 mills, while that is not an option for townships of the second class, Herr said.
Other differences relate to the structure of the governing bodies.
Townships of the second class have three to five supervisors who serve six-year terms. Townships of the first class have five to 15 commissioners who serve four-year terms. Townships of the first class are also required to have a civil service commission for police and fire departments of three or more people.
Herr added that he has not seen anything that requires townships of the first class to have a police department, but that every township of the first class that he knows has its own police.
Everything else is the same as far as duties are concerned.
“Literally, the duties of both [categories of township] are identical in general governance of the township,” Herr said. “You have to follow the township code, first or second class township code, and all the other state laws that are out there.”
He also cautioned people not to rely solely on a reading of the township codes for understanding. Court cases must also be taken into consideration.
As an example, Herr referred to sections in the codes that deal with removing supervisors or commissioners from office. However, courts have ruled those sections to be incompatible with the state Constitution, but the legislature has not taken the time to amend the codes and remove those sections from the law.
Herr also touched on home rule charters, saying home rule was allowed beginning in the 1970s to give municipalities “more unrestricted ability to run their governments.”
Instead of being restricted by the codebooks, a home rule charter township would be restricted by the charter itself “as long as the changes are not restricted or limited by state law,” he said.
He also said anytime a conflict exists between the charter and an ordinance, the charter wins, but if a conflict surfaces between the charter and state law, state law prevails.
Herr’s organization is for supervisors of townships of the second class, but commission Chairman James Gray said the commission would at a later date be hearing from someone more familiar with townships of the first class.
Herr’s PowerPoint presentation would be put on the commission’s page on the township website, Gray said.
The possibility of changing the type of government became an issue last summer when the group Concord First ran a petition drive for a ballot question that would have asked voters whether they want Concord to change from a township of the second class to a township of the first class.
Supervisors countered by enacting an ordinance for a question that asked voters if they wanted a government study commission to investigate the different types of government structure.
(Concord First’s question was denied by the Court of Common Pleas, but that is currently under appeal to the state Supreme Court.)
Other business
The commission appointed attorney Michael Maddren as its solicitor.
About Rich Schwartzman
Rich Schwartzman has been reporting on events in the greater Chadds Ford area since September 2001 when he became the founding editor of The Chadds Ford Post. In April 2009 he became managing editor of ChaddsFordLive. He is also an award-winning photographer.
(3 votes, average: 4.00 out of 5)
Loading...
Mr, Herr, who only oversees 2nd class townships was clearly biased and became quite unprofessional and surly when incorrect information he shared was corrected. As mentioned, there is nothing in the 1st township code which requires higher taxes, nor is there anything in the code which requires a police dept.
Mr. Herr had to be directly asked before acknowledging that either of these points were correct. We hope the study commission will invite a speaker on 1st class townships to present to the group. If Concord became a 1st class township, the current supervisors would lose their positions, which would make the way for new leadership. Concord citizens do not approve of the current supervisors’ history and agenda of high density rezoning and building, which is why they are seeking a change in government and a change in leadership.