By Ronald Filippelli, Thomas Daubert, Theresa Lafer, Silvi Lawrence and James Rosenberger
On Election Day, the voters of State College Borough will be asked to consider a charter amendment to add a community bill of rights that, in part, would ban commercial natural gas extraction.
The full text of the bill of rights, which may be obtained at the borough office, will not be on the ballot. It contains much broader language than will be on the ballot and goes well beyond the issue of fracking. This language has the effect of placing the Borough of State College above the power of the Commonwealth of Pennsylvania and the United States government and puts the borough at risk for unnecessary and costly litigation.
Many municipalities in Pennsylvania are considering ordinances to prohibit the extraction of natural gas through the process of fracking. These actions are appropriately legislative in character and, ultimately, the decisions about the validity of such ordinances and whether local government has the power to regulate these activities will be determined by the state Legislature or the appellate courts of Pennsylvania.
The State College Borough Home Rule Charter adopted under authority of state law specifies the powers and form of local government. Adopted in November 1973, the Home Rule Charter has allowed the borough to engage in many activities to foster numerous programs that it would not have been permitted to do if it were not a Home Rule municipality.
The charter deals with local government operation, procedures and financial requirements. It provides the framework for passing regulations and programs. It does not contain legislation such as zoning, traffic, prohibition of certain conduct or the establishment of numerous programs that the borough has used over the years for the betterment of members of the community. These are legislative matters and are handled by borough ordinances adopted through the ordinary votes of Borough Council.
The proposed referendum is an attempt to legislate through amendment of the Home Rule Charter. It is vitally important that the borough charter not be used for legislative purposes or to promote a point of view on any given issue.
Under the circumstances, we the undersigned members of Borough Council urge that the voters reject the charter amendment, allowing council to take up the issue of natural gas exploration regulation as part of its legislative function.
The writers are members of the State College Borough Council.
