Sunday, January 2, 2011

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The Von Bondies - C'mon C'mon
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3 comments:

  1. AnonymousJanuary 3, 2011 at 10:59 AM

    The P-G doesn't say that there are no grounds for impeaching the mayor. It says that there is no mechanism to do so under the city home rule charter.

    However, the city cannot simply amend the home rule charter to gain the ability to impeach.

    The Pennsylvania Constitution, Art. 6, Sec. 4 gives the power of impeachment solely to the Pennsylvania State legislature.

    Text of Section 4:
    Power of Impeachment
    The House of Representatives shall have the sole power of impeachment.

    The P-G should have consulted with a 1st year law student before writing their editorial, to which you provided a hyperlink on the right.

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  2. Bram ReichbaumJanuary 3, 2011 at 11:12 AM

    Does the PA Constitution speak of impeachment only in terms of PA officials, or in terms of ALL government officials in PA -- thereby superseding our own Charter? Because the Pittsburgh Charter does contain this:
    __________

    § 806. GROUNDS FOR REMOVAL -IMPEACHMENT.
    Every elected official or officer pursuant to impeachment proceedings may be impeached, suspended or removed from office in the event of mental incapacity, incompetency, neglect of duty malfeasance, mismanagement or for any corrupt act or practice.

    § 807. IMPEACHMENT PROCEEDING.
    Impeachment proceedings may be initiated by presentation of a written petition to the Court of Common Pleas signed by at least twenty qualified electors who reside in the City. If in the opinion of the court, reasonable grounds are set forth in the petition, the court shall appoint a citizen investigating committee to make a written report to the court. If the committee reports the charges well founded, council shall sit as a court and the president judge of the Court of Common Pleas shall preside. Except in cases where the city solicitor or the mayor is accused, the city solicitor shall act as prosecuting attorney. If the City solicitor or the mayor is accused, or the city solicitor is unable to serve as prosecuting attorney, the solicitor for the controller shall act as prosecuting attorney. The decision shall be filed in the Court of Common Pleas. If the accused is found guilty of any charge specified, the court shall enter an appropriate judgment and declare the accused's office vacant.
    __________

    The P-G editorial charges Ravenstahl with "a lack of ability and leadership" -- which does not, even if we were to grant that, rise to the level of anything laid out in HRC § 806. However as a big fan of Home Rule powers I would like to think we actually retain all those powers available to us IN our charter!

    And what is the punishment for impeachment? Catapult?

    ReplyDelete
  3. AnonymousJanuary 15, 2011 at 12:02 PM

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    ReplyDelete

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