“I Voted” stickers
PITTSBURGH – A Pennsylvania appeals court has stopped Allegheny County from asking voters to put term limits on officials, finding an ordinance authorizing the question violates state law.
Sheriff Kevin Kraus went to court earlier this year to fight an ordinance passed by the County Council that placed three referendum questions on the November ballot. They ask whether the chief executive, controller, district attorney, sheriff, treasurer and councilmembers be limited to three terms of office.
But there are problems, Judge Christine Fizzano Cannon wrote for the Commonwealth Court on Sept. 11. Chief among them is that the referendums propose “fundamental changes” to Allegheny County’s government and require a study commission to review them before they can be placed on the ballot.
It was an argument not raised in Kraus’ complaint but one that trial judge John McVay took up on his own.
“The ordinance is a modification of the County’s Home Rule Charter and consists entirely of provisions concerning the election of municipal officers,” Cannon wrote. “Therefore, by definition, the Ordinance provides for a complete and separate form of government.
“The Ordinance is, accordingly, subject to the study commission requirements of the Home Rule Law before it can appear in the form of the Ballot Question.”
TribLive.com reported the county has decided to stop its pursuit of term limits, with the council declining to appeal the Commonwealth Court’s decision to the Supreme Court. The ordinance was introduced in January and approved in April by a 10-4 vote of the council.
Members like Jordan Botta voiced concerns with how quickly the ordinance was put together and that it overturned more than 200 years of Allegheny County officials serving with no term limits.
“I’m not against the spirit of this bill. I think term limits are a great proposition, and I would be in favor of them, but when they’re done correctly,” Botta said at an April meeting.
“Let’s take this bill back to committee, ask the government review commission, do this the right way, because, I’m sorry, right now, you’re selling me yellow snow and telling me it’s a sno-cone, and I’m not going to buy that again.”
Botta still voted in the majority with a half-hearted “sure.” Member Nick Futules voted with an “of course not.”
