Under the Commissioners' proposal, the office of Sheriff would become an appointed position, and Ordinance also sought to change Section 1. The sheriff shall have the power to collect all fines and penalties for violation of county ordinances and the transmittal of those monies to the County Treasurer, provide security for County property and personnel and to perform all other duties as may be directed by the Board of Commissioners from time to time; and. On February 5, , at a regular public meeting, the Commissioners adopted Ordinance Nealon and Vito P.
Geroulo, to serve as the Lackawanna County Board of Elections. In his petition, Pilchesky also asserted that Ordinance directs a ballot question that proposes a change in the form of government rather than an amendment to the Charter and that such a change can be effected only by petition or ordinance seeking election of a government study commission 4 under 53 Pa.
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Following a hearing and argument held on March 15, , the trial court denied the challenge seeking to bar Ordinance from appearing on the primary ballot. In doing so, the trial court found authority exists to support a finding that an amendment to a home rule charter to eliminate the office of Register of Wills and to appoint the formerly elected Sheriff constitutes a change in the form of government. Nevertheless, the trial court rejected Pilchesky's argument that the changes to the existing form of government proffered by Ordinance can be accomplished only following an analysis by a government study commission in light of 53 Pa.
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The trial court reasoned that 53 Pa. See 53 Pa. Once the government study commission has conducted hearings and completed its review, it is required to issue a report expounding upon its recommendation as to whether the existing form of government should remain unchanged or whether a referendum question should be submitted to the electorate to adopt a home rule charter or one of the optional plans of government.
The trial court further reasoned as follows:. Philadelphia Parking Authority, 34 A. The inclusion of certain matters, to wit, the study of and recommendation to adopt a home rule charter or an optional plan of government, in 53 Pa.
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In an unpublished memorandum opinion, the Commonwealth Court unanimously affirmed. See Pilchesky v. April 15, In its brief discussion of the within issue, 8 the Commonwealth Court explained it had discerned no error in the trial court's conclusion the Commissioners could seek the change in the form of government proposed under Ordinance pursuant to 53 Pa.
The Court reasoned that the Home Rule Law includes both a procedure for electing a government study commission to examine the merits of changing an existing governmental form and a procedure for amending an existing charter or optional plan which are not necessarily mutually exclusive, and when the legislature intended exclusivity, it made such an intention clear.
In support of this analysis the Commonwealth Court referenced 53 Pa.
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Pilchesky filed a timely petition for allowance of appeal pro se with this Court. On May 16, , we granted allocatur limited to the following question:. Did the Commonwealth Court err at law or abuse its discretion when it affirmed the trial court's decision that the four-part referendum question proposed within the County's Ordinance was an allowable amendment to the Lackawanna County Home Rule Charter? Pilchesky contends the elimination of four elected row offices would operate to change the form of government, and the Commissioners cannot seek to change the form of government via an amendment to the Charter without the benefit of a government study commission.
Pilchesky argues that changing an elective office to an appointed administrative position is a change in the form of government. He further posits such a change can be effectuated only by petition or ordinance seeking election of a government commission under 53 Pa. Instead, he points to 53 Pa. In support of his position, Pilchesky relies upon McCaskey v. Allegheny County Dept. County Bd. However, none of these cases speak directly to the issue Pilchesky presents herein.
McCaskey, A. The issue before the Commonwealth Court concerned whether the trial court abused its discretion or committed an error of law in upholding the decision of the Allegheny County Department of Elections to reject the placing of such a question on the ballot. While the Commonwealth Court held that the trial court neither erred at law nor abused its discretion in affirming the Department's refusal to place the question at issue on the ballot because it proposed a change in the form of government, it determined an ordinance which would lead to such a modification of the form of government was improper within the context of the five year waiting period provided for in 53 P.
Similarly, in Wolfgang, the petitioners filed a petition with the Allegheny County Department of Elections requesting that a referendum be placed on the November ballot questioning whether the composition of the city council should be reduced from nine to five members and elected by district. However, Pittsburgh's home rule charter had been amended effective January to change the method of electing council members from election at-large to election by districts. Wolfgang, A. The Commonwealth Court was called upon to consider whether the trial court erred in holding that the modification of the home rule charter had changed the form of government and thereby caused the commencement of the five-year waiting period on referenda which sought additional changes in the form of government.
After finding that the amendment constituted a change in the form of government under 53 Pa. In Borough of Warren, the appellants had filed a petition with the Board of Elections of Warren County for a referendum to amend the existing home rule charter to increase the number of members on the council, change the manner of their election from at-large to ward or district, and provide for their discretionary compensation.
The amendments also would alter the existing mayoral duties. Once again, the Commonwealth Court framed the issue before it as whether the petition for referendum, if adopted, would change the form of government such that it would be barred by 53 P. Warren, A. The Court determined that this would hold true even though such an interpretation of the relevant statutory language would impinge upon the procedure provided by the Home Rule Law for amending a charter or optional plan of government through either an initiative procedure of referendum or ordinance of the governing body.
Therefore, while in each of these cases upon which Pilchesky relies the Commonwealth Court found that proposed ballot questions would result in changes to the form of government, the Court did not provide that such changes cannot be done through an ordinance-generated referendum, but rather determined an ordinance which would lead to such changes was improper within the context of the five year waiting period.
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In the matter sub judice, thirty-six years has passed since the Charter became effective; therefore, any concern for ensuring that the citizenry allows a reasonable time period for the County's form of government to succeed under the charter is not implicated.
Nevertheless, Pilchesky stresses that the Commonwealth Court erred in characterizing the question adopted by Ordinance as simply an amendment to the Charter because the purpose of 53 Pa. By pursing a change in the form of government under the guise of proposing an amendment, as Pilchesky maintains the County did in this case, Section could be circumvented if there were a change in the form of government within the past five years.
Pilchesky's Brief at 15— Pilchesky urges that because a government study commission is vital to due process and accountability, this Court must provide instruction as to when its appointment is proper, in light of the current confusion within the statutory provisions. Pilchesky's Brief at 16— Table of Contents. Run a Background Check. Try it Yourself! Just enter a name: First Name. Last Name. Search Public Records.
Lackawanna County Crime Rate Information Crime Category Violent Crimes Murder 0 2 6 2 1 4 0 4 5 0 Rape 40 31 40 45 29 42 29 0 22 43 Agg. Assault Robbery 88 88 85 Property Crimes Burglary Larceny Vehicle Thefts Arson 29 42 35 19 34 26 36 28 17 Arson in Lackawanna County, PA Year Arson 29 42 35 19 34 26 36 28 17 Larceny in Lackawanna County, PA Year Larceny Lackawanna County Court Records Search through Lackawanna County clerk of court records to uncover information from dozens of public records databases. Learn about court records in other Pennsylvania counties:.airtec.gr/images/como/2138-como-localizar.php
Lackawanna County Commissioners OK Salary Hike For Top Jobs Starting In 2020
Lancaster County public records. Interested members of the public may access criminal background checks on individuals from the Pennsylvania State Police Department using two methods.
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Requesters may register on the site or remain unregistered and submit individual record requests. Registrants may be billed monthly.
Requesting parties are required to have relevant information about the subject to facilitate the search, and the results are sent on the EPATCH website. However, notarized copies cannot be requested online. On the other hand, interested persons may choose to send their requests via mail. All information regarding sex offenders resident in Pennsylvania is housed on the Pennsylvania State Megans Law Website and can be accessed by interested members of the public.
Offenders can be searched by location, mile radius, sexual violence, and compliance. Concerned persons may also register to receive email notifications from the Pennsylvania State Police Department. Registrants may receive information about specific offenders if indicated, and receive updates about sexual offenders who have changed location within the state or moved within a designated radius indicated by the recipient.
The Pennsylvania Department of Corrections maintains an Inmate Locator with which members of the public can access information about incarcerated persons under the jurisdiction of the State of Pennsylvania. Information about inmates committed by Lackawanna County can be obtained by searching the locator by the name of the inmate, their date of birth, inmate number, gender or race.
Various records are stored with the different divisions concerned. Thus, the Civil Division maintains records of civil cases while the Criminal and Family Court court-related records can only be obtained from their respective divisions. To obtain copies of court records, requesters may query the division concerned either in person or via mail.
Listed below are the locations and contact information of the courts in Lackawanna County, Pennsylvania:.
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