News Release
For Immediate Release
May 22, 2001
 

Greenleaf Local Government Bills Clear Senate

HARRISBURG—Three bills offered by Sen. Stewart J. Greenleaf, to ensure the right of local officials to represent their constituents passed the Senate unanimously.

Senate Bills 218, 219, and 220 would amend local government codes to clarify that township commissioners and supervisors and borough council members are allowed to vote on issues on which they previously expressed an opinion.

The measures would clarify that local officials have the right to vote on issues on which they have previously spoken out in either an official or unofficial capacity. "Court decisions have made this legislation necessary," said Greenleaf, referring to instances in which state courts have taken the position that elected municipal officials are acting in a judicial role when they vote on local development issues and therefore may not express an opinion on the issue prior to the vote. The case from which the legislation developed occurred in Abington Township in 1993. At that time, the vote of an elected official on a rezoning proposal was disqualified, based on case law, because he had previously addressed the issue before the township zoning hearing board on behalf of his constituents.

"The current situation in our local governments deprives citizens of representation and deprives officials of free speech," Greenleaf said. "This legislative package will correct that problem by ensuring that elected officials can speak out on an issue without fearing that their words will preclude a vote on the issue. Township and borough officials are elected as representatives; they are not elected as judges. The courts have taken an odd twist on this, and it is time that the matter is straightened out."

The Greenleaf bills would amend the second class township code, the first class township code and the borough code. The bills were unanimously approved last session by the Senate, but failed to move through the House.