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McKeesport sees progress in home rule charter fixes

Patrick Cloonan
By Patrick Cloonan
4 Min Read May 31, 2013 | 13 years Ago
| Friday, May 31, 2013 12:00 a.m.
A hearing in council chambers on Thursday began the final chapter in McKeesport's year-long effort to revise its Home Rule Charter.

“They did a fantastic job of clarifying the charter,” Mayor Michael Cherepko said of the committee headed by Councilman A.J. Tedesco.

One change would clarify the importance of the charter in relation to Pennsylvania's code governing third class cities.

“Any matter not specifically mentioned by the provisions of this Home Rule Charter shall be governed by the Third Class Code and statutes of the Commonwealth of Pennsylvania,” a new Section 205 would read.

It is a bid to get a consensus on changes that could be approved as a package by council and then put on the Nov. 5 ballot as a referendum.

“One thing we tried to avoid was anything too controversial that would wipe out the work we had done,” Tedesco said.

“The committee approached the job seriously,” said John Yost, an actor, producer and former U.S. Customs broker who was one of three citizen members of the panel.

He was chosen because he is a Republican in an overwhelmingly Democratic city, not for any “hidden agenda,” Tedesco said.

“They haven't run for anything and didn't look to run for anything,” he said.

Yost served with retired respiratory therapist Mustafa Musa and school teacher Assunta Tyskiewicz, as well as city councilors Dale McCall, V. Fawn Walker-Montgomery and Richard Dellapenna.

Changes expected to go to the voters include the disappearance of the terms “city attorney” and “department of law” from the charter.

The city instead will have a person or a law firm named as a solicitor by the mayor “with the advice and consent of a majority of city council.”

There are changes proposed for the city controller.

“He shall certify that sufficient funds have been budgeted or are available for payment of all contracts prior to their execution,” a new Section 1309, subsection 5 reads.

“All contracts shall be presented to the controller prior to execution,” the subsection continues, “and he shall have 48 hours to file an objection with the city clerk if sufficient funds have not been budgeted or are not available for the payment of the contract so presented.”

The phrase actually read “or are available” when copies of the changes were released, but Yost saw the lack of the adjective “not,” as did city solicitor J. Jason Elash, and the phrase was edited.

The controller could “employ outside legal counsel to conduct his duties so long as said action receives the prior approval of a majority of city council,” the charter would read.

Other changes include:

• Referring to council members as councilpersons rather than councilmen.

• Requiring that anyone running for council must have been a resident of the city for one year.

• Barring councilors from holding the offices of mayor, controller or any other elected government position in the city and likewise barring the mayor or controller from holding any other elected office.

• Adding the word “fees” to ordinances requiring prior public notice, as in “new taxes or fees or increases in the rates of existing taxes or fees. ”

• Requiring “the affirmative vote of a majority of city council” before salary or benefits are deferred.

• Requiring the mayor to report to council “from time to time or as requested regarding the state of affairs in the city.”

• Putting all contracts with the city up for council approval on at least a bi-annual basis.

McCall said Elash attended all the committee meetings except for Thursday's, when a family matter intervened. The mayor attended every session.

“I do commend the mayor for being here for every meeting,” Tedesco said. “He didn't have to be.”

Tedesco's panel sought public input, but only a retired police officer was in the audience, and on only one other occasion did anyone from the public attend. Committee members said that also was a retired police officer.

“Not once did any of the officials push the decision in any one direction,” Yost said. “The dialogue was always open. It was very amicable.”

“We weren't trying to change the form of government,” Tedesco said. “We weren't trying to do anything radical.”

“We did see things that we feel should go to a ballot,” McCall said. “There are some things we did discuss and somewhere down the line we may put (them) on the ballot.”

The committee now will submit a final product to the full council for a vote at t either he July 3 meeting or a special meeting prior to Aug. 7.

That's 90 days prior to the Nov. 5 general election when city officials hope to put the finished product before the voters.

Patrick Cloonan is a staff writer for Trib Total Media. He can be reached at 412-664-9161, ext. 1967, or pcloonan@tribweb.com.


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