GUEST VIEW Small governments can tackle big problems
When we think about the responsibilities of local government, we tend to think about things such as managing traffic, snow removal and trash pickup.
These are certainly important duties, but there is so much more that local government can do.
There is, as there should be, a limit to local government’s authority.
However, where small towns, boroughs and townships cannot act, they can provide guidance to state and county officials about how they would like to see legislation changed in the future.
I have outlined some measures that I, as a commissioner of South Whitehall Township, plan to propose or support in the coming year and that other municipalities should consider supporting as well.
COVID Relief Grants
Recent changes to the First-Class Township Code have opened the doors to municipalities such as South Whitehall Township to provide grants to small businesses that are struggling due to COVID.
There are currently no legal requirements as to where the funding can come from and a municipality is free to set its own eligibility criteria.
Municipalities Planning Code Revisions
The Municipalities Planning Code or “MPC” is a series of state laws that specify the content and process for comprehensive plans and land use ordinances.
A municipality that proposes action to either limit or increase its growth will often find itself in conflict with the provisions of the MPC.
In such a situation, a municipality will need to employ the assistance of its state representatives and senators to propose statutory modifications and/or pass nonbinding resolutions to put public pressure on those officials who have the authority to act.
Decriminalization of Small Amounts of Marijuana
Pennsylvania Law makes it a first degree misdemeanor to possess a small amount of marijuana.
That did not stop both the cities of Allentown and Bethlehem from passing laws decriminalizing possession of small amounts of marijuana, which changed the penalty for possession from a misdemeanor, which could include jail time, to a fine.
Unfortunately, the district attorney of Lehigh County has refused to honor Allentown and Bethlehem’s actions.
Nevertheless, more local governments joining the charge of decriminalization via ordinance and/or more progressive leadership from the district attorney’s office could make decriminalization a reality.
Cash Bail Reform
Requiring cash bail for low level crimes, such as loitering or disorderly conduct, can result in people charged, but not convicted, languishing in prison and awaiting trial because they cannot pay their bail.
This can lead to loss of employment and individuals pleading guilty to crimes they did not commit just so they can be released from prison.
Bail is most often set by the local district magistrate.
Accordingly, local governments can and should reach out to their local judges to determine their position on cash bail, and consider passing nonbinding, but guiding, resolutions to advocate for the elimination of cash bail for minor crimes.
Banning Single Use Plastics
In 2019, Pennsylvania passed legislation that prohibited municipalities from banning plastic bags.
That legislation expires as early as July 2021.
South Whitehall Township, through its Green Advisory Council, founded by Lehigh County Controller Mark Pinsley and chaired by Frank Petrocelli, has been working diligently to propose an ordinance for adoption banning plastic bags in the Township.
Should this ordinance pass, it will have a tremendous positive environmental impact and hopefully encourage other municipalities to act.
As local government officials, we can and should do more than just address the immediate needs of the municipalities we serve.
Our duty to serve does not end with leaf collection and trash hauling.
We should be continually striving to find ways to make a positive impact on the individual lives of our residents, no matter how great the challenges may seem.
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Editor’s note: Matthew Mobilio is a South Whitehall Township commissioner.