A home rule charter county cannot seek to abolish elected offices and move them to appointed positions without first electing a government study commission to examine the proposed changes, the state Supreme Court has ruled.

The court unanimously ruled in Pilchesky v. Lackawanna County that the proposed changes constituted a change in the form of government and not simply an amendment to the home rule charter, and therefore the commissioners needed to first elect a government study commission. The decision reverses a three-judge trial court panel and the Commonwealth Court, which found that the ordinances could be put to a vote without first performing a study.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]