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Home Rule
HOME RULE UPDATE:
The question on the General Election ballot regarding whether a government study commission of seven members should be elected did not pass. According the the results posted on the Allegheny County website the percentage against was 52.18% and the percentage for was 47.82%,
Franklin Park is considering whether to become a Home Rule Charter community. This decision is up to the voters, and the process and timeline are set by state law. On election day this November, Franklin Park voters will have the opportunity to decide whether we should move forward with exploring becoming a Home Rule Charter community, and to elect members to serve on the commission.
In response to Borough of Franklin Park Ordinance No. 693-2025, the Allegheny County Elections Division has approved the following question for placement upon the November 4, 2025 Municipal Election ballot:
The wording on the ballot is set by state law and will appear as follows:
“Shall a government study commission of seven members be elected to study the existing form of government of the municipality, to consider the advisability of the adoption of a home rule charter; and if advisable, to draft and to recommend a home rule charter?”
Pennsylvania code also requires a “plain English” explanation of ballot questions, which will appear as follows:
“If this question is approved by a majority of those voting AND seven (7) Government Study Commissioners are elected, a Government Study Commission will be formed, whose functions and duties shall be to:
- Study the form of government of Franklin Park Borough
- Compare it with other available forms under the laws of Pennsylvania.
- Determine whether or not, in its judgement, the government of the municipality could be strengthened or made more clearly responsible or accountable to the people.
- Determine whether its operation could become more economical or efficient under a changed form of government.
- Hold one or more public hearings to generally provide for the widest possible public information and discussion respecting the purposes and progress of its work.
- Report its findings and recommendations to the citizens of Franklin Park Borough.”
What is a Home Rule Charter?
In 1972, Pennsylvania fully enacted the Home Rule Law for all municipalities, although Philadelphia was authorized to become Home Rule in 1949. This meant that the basic authority over municipal affairs transferred from state law to a local charter that is written and adopted by voters in a given municipality. Municipalities that have not adopted a Home Rule Charter are governed entirely by the rules for municipalities set out in state law. Those that have adopted Home Rule Charter basically write their own constitution. Of course, even Home Rule Charter communities must still act within Pennsylvania and federal laws. Put simply, non-Home Rule Charter communities can only act where specifically authorized by Pennsylvania law. Home Rule Charter communities can act anywhere except where specifically limited by Pennsylvania law.
Why are we considering becoming a Home Rule Charter community?
Franklin Park’s costs have outpaced its revenue for several years. Council has delayed some projects and purchases, and reduced paving and other programs to save money in the short term. Franklin Park has used money from reserves in five of the past seven years to stay out of a deficit and has not replenished those funds. Based on current projections, we anticipate our level of reserves to fall to approximately $1.7 million by the end of 2025, or 11% of 2025 annual expenditures. The Government Finance Officers Association recommends a fund balance of at least 16.7%, or 2 months of expenditures. This is the standard used by funders and government agencies to determine the ability of a municipality to take on any additional debt or match grant funds, which can significantly impact the ability for the Borough to apply for grants and funding, thus increasing the costs to the community residents.
Being a Home Rule Charter community can offer more financial flexibility than is available as a Borough. Franklin Park collects four taxes from residents: earned income tax (EIT), real estate property tax, real estate transfer tax, and a local service tax. Of these four, as a Borough, Franklin Park can only increase the real estate property tax. As a Borough, Franklin Park is at the maximum allowed for the EIT and the real estate transfer tax. Franklin Park cannot increase the local service tax beyond the current $52 annually per tax payer as a Borough or as a Home Rule Charter community.
However, even if Franklin Park does adopt a home rule charter, it cannot create new taxes. Home rule municipalities are limited to the subjects of taxation they possessed prior to the adoption of a home rule charter, meaning the four taxes that Franklin Park collects as a Borough (listed in the table below) would be the only taxes Franklin Park could collect as a home rule charter community.
Current rate* | Can raise as a Borough? | Can raise as a Home Rule charter community? | |
Earned Income Tax | .5% | No, we are at the max | Yes |
Real Estate Property Tax | 1.59 mills | Yes | Yes |
Real Estate Transfer Tax | .5% | No, we are at the max | Yes |
Local Service Tax | $52 per taxpayer | No, we are at the max | No, we are at the max |
*Rate paid to FP. Other entities have their own portion of the total tax you pay.
As you are aware, Franklin Park recently increased the real estate property tax millage rate to help cover some of our deficit for this year. One alternative to Home Rule Charter, in addition to budget cuts, could be to further increase property taxes. For example, an increase to 2.14 mills (from current 1.59 mills) would mean an increase of $143 annually on a home assessed at $260,000. This would provide approximately $1,000,000 in increased revenue annually for Franklin Park. This would put Franklin Park as the 7th lowest property tax millage rate in Allegheny County. Currently we are 5th lowest.
What is the process for becoming a Home Rule Charter community?
The question of whether to become a Home Rule Charter is up to Franklin Park voters.
In November 2025, Franklin Park voters will see two questions on the ballot regarding Home Rule Charter. First, voters will decide whether to form a government study commission to study whether Franklin Park should become a Home Rule Charter community, and then on that same ballot voters will elect the members to serve on the commission. The government study commission will have nine months to study our existing form of government, explore alternatives, and decide whether to recommend becoming a Home Rule Charter Community. If the commission does recommend a change to Home Rule Charter, the commission has another 9 months to draft a charter, basically a constitution for Franklin Park. The commission has 18 months total to complete these two tasks. Finally, the charter would go on the ballot of the next election for consideration by Franklin Park voters. We would only adopt the charter with a majority of the vote. The final decision on whether to adopt the charter and become a Home Rule Charter community is solely in the hands of Franklin Park voters.
Will this process cost taxpayer dollars?
Yes. However, we are working to keep the costs of this procedure as low as possible. There may be some costs associated with the commission’s work, including a professional stenographer to keep a record of meetings, printing materials, office supplies, and the cost of publicly advertising meetings and notices. There may also be some associated legal fees to help guide the commission and the Borough through the process. The Borough will provide meeting space for the commission, which will include minimal costs to the Borough.
What are the pros and cons of becoming a Home Rule Charter community?
Many of the communities around us have been Home Rule Charter communities for years, including Allegheny County. Others include McCandless, Pine, Hampton, Bradford Woods, O’Hara, Upper St. Clair, Mt. Lebanon, Richland, West Deer, Indiana, Bethel Park, Monroeville, Green Tree, Whitehall, Penn Hills, Munhall, Clairton, and Bellevue.
The Borough has spoken to several other communities that have become Home Rule Charter communities to hear their perspectives and experiences. The pros are more flexibility in governance and the ability to plan and structure our government in a way that best serves our residents now and into the future. The cons include the unknown – this is a new process for our Borough and the work and recommendations of the government study commission are the biggest unknowns. This process is long and will cost some taxpayer dollars.
Will the form and function of the Borough government change?
We want to have as much continuity in Franklin Park’s government as possible. It is possible to adopt a home rule charter and maintain the same form and functions Franklin Park has now. As we go through this process, it is important for residents to participate and offer feedback and input at each stage.
How can I find out more?
Borough Council members have hosted open houses to share information, hear resident feedback, and answer residents’ questions about Home Rule Charter. Based on resident requests, Council plans to hold more open houses. If, in November, residents vote to form a government study commission, you are encouraged to attend those commission meetings.
Links to additional information:
- Franklin Park Borough - Home Rule Open House Slides
- Franklin Park Borough - Home Rule Information Slides
- PA Department of Community & Economic Development (DCED) - Home Rule in Pennsylvania Manual
- PA Department of Community & Economic Development (DCED) - Home Rule in Pennsylvania Slide Presentation
- List of Pennsylvania Municipalities and Counties with Home Rule Charters, Optional Charters, or Optional Plans - Wikipedia