SHAMOKIN — After two previously failed votes, Shamokin residents decided it was time to pass a commission in order to study the possible creation of a home rule charter as the city’s form of government.

The ballot question passed Tuesday night by a vote of 378-331 along with seven community members being elected to form the commission.

The next big question for voters would be after the commission conducts the study, and makes its recommendation on where to find funds. They would advise a vote on home rule charter to move forward on a ballot for residents to vote on, which could be as early as November, officials said.

Former Councilman Dave Kinder, Treasurer Brenda Scandle, Mayor Rick Ulrich, Charles Sosnoskie, Vanessa Kehler, Michael Dietz and Dakota Schuck will serve on the board after being elected Tuesday night, according to county officials.

The members will meet within 10 days to establish the commission and set up its officers.

The commission then will examine the possibility of moving away from Third Class City Code and creating their governance documents. Instead of following third-class city code they may have a Shamokin City charter, or something to that effect, county officials said.

According to state officials, home rule transfers authority in municipal affairs from state law to a local charter, drafted, adopted and amended by voters in the city.

But home rule does not set a municipality adrift from the rest of the state, state officials said.

It is subject to restrictions found in the United States and Pennsylvania constitutions and in state laws applicable to home-rule municipalities, according to a state manual on home rule.

Local autonomy under home rule is limited independence, but the thrust has been changed. Local governments without home rule can only act where specifically authorized by state law; home rule municipalities can act anywhere except where they are specifically limited by state law, the manual said.

The Department of Community and Economic Development (DCED) recommended Shamokin form the commission to set an earned income tax to maintain citywide services.

The earned income tax is currently at 2 percent, 1 percent higher than Third Class City Code calls for because Shamokin is in Act 47, a state program for financially distressed areas.

The extra percent raises about $900,000, city officials said.

Ulrich said Wednesday that he was thrilled to see the voters speak.

“I am happy this passed,” he said. “This is a good thing because now the commission can work to help benefit Shamokin and with the Act 47 coming to closure in August, we will have the opportunity to get Shamokin back on course. If we can keep the 2 percent under the commission it could be capped and the taxes wouldn’t go up.

“It would be the same as it is now and taxes wouldn’t go up.”

City resident and former Councilman Joe Leschinskie, who missed being voted onto the commission Tuesday night by one vote, said he did not favor the home rule process.

“I feel like the law is written, and we should have to follow it,” he said. “This is a legislative issue and I don’t feel municipalities should have the free range of ability to keep the taxes above third-class city code.”

Leschinskie said he fears if the commission doesn’t cap taxes, it could force residents to pay more than the 2 percent they already are paying, 1 percent higher than the law allows.

“This doesn’t solve any problems and it kicks the cans down the road,” he said. “Any wage earner that comes and moves here will be paying a higher tax than allowed by law.”

Ulrich said he wanted to make sure the rate was capped at 2 percent.

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