Cecily Zamora
Townships in Pennsylvania can pass laws as they are considered municipalities. Pennsylvania follows Dillon's Rule, which means that local governments derive their power from the state and can only exercise powers that the state specifically authorizes. However, some townships have adopted home rule charters, which allow them to act anywhere except where specifically prohibited by state law. Townships in Pennsylvania are classified as either first or second class, with the distinction being based on their population. The laws and codes passed by townships can often be found on local government websites or local code databases such as Municode, General Code: eCode360, and American Legal Publishing.
| Characteristics | Values |
|---|---|
| Townships | First class, second class, and third class |
| Township classification | Townships with a population of at least 300 inhabitants per square mile are first-class townships |
| Township laws | Townships can pass laws, but they derive their powers from the state and can only exercise powers specifically authorized by the state |
| Home rule charters | Some townships have adopted home rule charters, allowing them to act unless specifically prohibited by state law |
| Township codes | Township codes include the Second Class Township Code and the First Class Township Code |
| Township compensation | Township supervisors' compensation is determined by the board of auditors and is based on comparable rates in the locality |
| Township officials | Township officials must take an oath of office before assuming duties and file a copy with the township secretary |
| Township disputes | In disputes, the court may appoint an attorney, and the compensation for the attorney is paid from the general township fund |
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What You'll Learn
Townships of the first class
Townships in Pennsylvania are classified based on their population density, with townships of the first class defined as those with a population of at least 300 inhabitants per square mile. Townships of the first class have a board of commissioners, consisting of between five and fifteen commissioners who are elected either at large or by wards within the township. They serve overlapping terms of four years in office. Other elected officials include a tax collector and, in many townships, a panel of three auditors who annually audit all township accounts.
The First Class Township Code, enacted in 1931, outlines the laws and regulations specific to townships of the first class in Pennsylvania. The code has undergone revisions over the years to modernize the language, reflect case law and current practices, and provide clarifications to align with other municipal codes. The Pennsylvania State Association of Township Commissioners (PSATC) has played a key role in the recent comprehensive revision of the code, drawing on their experience with the Second Class Township Code recodification.
The laws that townships can pass in Pennsylvania are influenced by the state's adherence to Dillon's Rule, which means that local governments derive their powers from the state and can only exercise the powers specifically authorized by the state. However, some townships have adopted home rule charters, which grant them broader legislative autonomy, allowing them to act in any area except where specifically prohibited by state law.
The specific laws and regulations enforced by townships of the first class in Pennsylvania can vary depending on their location and local needs. These laws often pertain to local services such as police and fire protection, maintenance of roads, water supply, sewage, parking, local planning, parks, garbage collection, health services, and licensing of businesses.
Overall, townships of the first class in Pennsylvania have a unique set of laws and administrative structures that cater to their larger population densities and specific local requirements.
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Townships of the second class
Townships are the lowest level of municipal incorporation of government in Pennsylvania. Townships in Pennsylvania were created in the 17th century during the colonial era. All townships in Pennsylvania are initially incorporated as townships of the second class. To become a township of the first class, a population density of 300 inhabitants per square mile is required, and voters must approve the change in a referendum. Townships of the second class are governed by a board of supervisors, who are elected at large by the electorate of the whole township for overlapping six-year terms. The number of supervisors can be increased to five by referendum.
The Second Class Township Code, enacted in 1933, outlines the laws and regulations specific to townships of the second class in Pennsylvania. This code includes provisions such as the oath of office, where every person elected or appointed to a township office must take an oath to support the Constitutions of the United States and of the Commonwealth and perform their duties faithfully. It also establishes the process for determining the compensation of supervisors and attorneys, with the board of auditors playing a key role in these decisions.
It's worth noting that some townships in Pennsylvania have adopted "home rule" charters, which grant them greater autonomy to act except where specifically prohibited by state law. Townships of the second class can seek to transition to townships of the first class or adopt a "home rule" charter if they meet the necessary requirements and obtain approval through the prescribed processes.
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Township office oaths
Townships in Pennsylvania are classified based on their population, and each township follows "Dillon's Rule," meaning they derive their powers from the state and can only exercise the powers that the state specifically authorizes.
The Second Class Township Code, enacted on May 1, 1933, outlines various provisions related to townships in Pennsylvania. One key aspect is the requirement for an oath of office. According to the code, every individual elected or appointed to any township office must take an oath or affirmation before assuming their duties. This oath is administered by a notary public, district justice, or judge, and it includes supporting the US Constitution and the Commonwealth Constitution and faithfully performing the duties of the office. A copy of the oath is then filed with the township secretary.
The process of qualifying for a township office involves meeting specific requirements and taking an oath of office. In Michigan, for instance, candidates must be US citizens, at least 18 years old, registered to vote, and qualified electors of the township by the filing deadline. They must also possess vision, public relations skills, and an understanding of the township's committees, boards, and commissions. Once elected, officials must take an oath of office before the township clerk, deputy clerk, or another qualified officer. This oath is mandatory for all elected officials and signifies their commitment to uphold the constitution and faithfully perform their duties.
In the Township of North Frontenac, a Commissioner of Oaths is responsible for administering oaths or solemn affirmations when individuals sign affidavits or statutory declarations. This process ensures the verification of important documents. However, it's important to note that a Commissioner of Oaths cannot authenticate or notarize documents.
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Township supervisor salaries
In Pennsylvania, municipalities can be cities, townships, or boroughs, and are assigned "classes" based on their population. Each municipality and county has its own set of laws, and Pennsylvania follows "Dillon's Rule," meaning local governments derive their powers from the state and can only exercise authorised powers. Some municipalities have adopted "home rule" charters, allowing them to act unless specifically prohibited by state law.
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Township attorney appointments
Townships in Pennsylvania are classified based on their population, and each township is governed and supervised by a board of supervisors. The Second Class Township Code, enacted on May 1, 1933, outlines the laws pertaining to townships of the second class. This code includes provisions for appointing township attorneys, known as township solicitors.
According to the Second Class Township Code, the board of supervisors has the authority to appoint and determine the compensation of a township solicitor. The township solicitor must be licensed to practice law in Pennsylvania and can be an individual, a law firm, a partnership, an association, or a professional corporation. The solicitor serves at the pleasure of the board of supervisors and is responsible for directing and controlling the township's legal matters. No other official or official body of the township can employ an additional attorney without the assent or ratification of the board of supervisors.
The township solicitor's duties include preparing and approving legal documents such as bonds, obligations, contracts, leases, conveyances, ordinances, and assurances on behalf of the township. The solicitor also represents the township in legal proceedings and provides legal advice to the township officials. In the event of a dispute or litigation involving the township, the solicitor acts as the legal representative and advises the township on its rights and obligations.
Additionally, the Second Class Township Code outlines the process for appointing attorneys in certain situations. For example, if there is a dispute regarding the compensation of an elected or appointed township officer, the court may appoint an attorney to represent the township's interests. The court will only appoint an attorney after reasonable efforts to reach an agreement have been made, and the board of auditors must notify the official or the board of supervisors of its intent to petition the court for such an appointment. The compensation for the appointed attorney will be determined by the court and paid out of the general township fund.
It is important to note that the laws and procedures for appointing township attorneys may vary depending on the specific township and its classification. Townships in Pennsylvania are encouraged to refer to the Second Class Township Code and seek legal advice when making appointments to ensure compliance with the relevant laws and regulations.
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Frequently asked questions
Townships are municipalities that can be classed as either first or second class, depending on their population. Pennsylvania's only first-class city is Philadelphia, with a population of over 1 million.
The First Class Township Code is a set of laws that relate specifically to townships of the first class. It was enacted in 1950 and has been amended several times since.
The Second Class Township Code is a set of laws that relate specifically to townships of the second class. It was enacted in 1933 and has been amended several times since.
Townships in Pennsylvania can pass laws as long as they are specifically authorized by the state. Some townships have adopted home rule charters, which allow them to act anywhere except where prohibited by state law.
Local laws and codes can be found on local government websites, as well as in local newspapers and law libraries. The Pennsylvania Department of Community & Economic Development also provides information on local laws and statutes.
