City of Pittsburgh Ballot Measure #3: Prohibit the Use of the Charter Amendment Process to Add Duties Beyond the Scope of City Authority
Shall the Pittsburgh Home Rule Charter, Article One, Home Rule Powers - Definitions, be supplemented by adding a new section, 104. Amendments to Charter , by prohibiting the use of the Home Rule Charter Amendment process to add duties or obligations beyond the lawful scope of the city s authority? ExplanationWhat would the proposed ordinance do? The Pittsburgh Home Rule Charter allows citizen initiatives to place proposed amendments on the ballot. Special Election Question 3 proposes adding language to the Home Rule Charter prohibiting citizens initiatives that add functions or obligations to the Charter that conflict with the US or PA Constitutions.The measure passed by City Council lists some reasons behind the proposed amendment including:The City of Pittsburgh is bound by the PA and US Constitutions in which duties are assigned to different levels of government.An amendment that conflicts with the constitutions and the authority granted to the city would set up costly legal challenges.BackgroundThis is another measure passed in response to a proposed citizen s initiative. While the other two ballot measures received a unanimous vote in City Council, two council members opposed this measure because it restricts citizens rights to use the ballot initiative process to place a question on the ballot. The burden of deciding the legality of the proposed ballot measure could be shifted to the citizens in the process of forming the initiative.
