In Pennsylvania, Arnold Schwarzenegger would still only be The Terminator. And Gray Davis would still be Governor.
Negligent doctors can have their licenses revoked. Dishonest attorneys can be disbarred. Bad cops can be fired. In fact, almost all people who are part of the "public trust" face some type of meaningful discipline in the Keystone State.
Except elected officials. Township supervisors. As the license plate motto goes, they truly have a Friend in Pennsylvania.
Say hello to our commonwealth's Supreme Court. The Terminators.
In December, 2003, the justices gave supervisors a Christmas present by taking something away. Section 503 of the Second Class Township Code. The ability of the citizens to recall an official who acts improperly.
"Section 503. Removal for Failure to Perform Duties. If any township officer fails to perform the duties of the office, the court of common pleas upon complaint in writing by five percent of the electors of the township may issue a rule upon the officer to show cause why the office should not be declared vacant."
The Terminators have terminated termination. The court found that this (former) right of the citizens conflicted with Article VI, Section 7, of the 1874 State Constitution, which says, in part, "All civil officers elected by the people...shall be removed by the Governor for reasonable cause, after due notice and full hearing, on the address of two-thirds of the Senate."
If you feel that a supervisor has misbehaved, you must first ask the state House to investigate. Good luck. Such probes are rare, according to Clancy Myer, House parliamentarian. "Only the most egregious cases are investigated," he said. And the rascal must then be found guilty - impeached - by two-thirds of the Senate, for "misbehavior in office or any infamous crimes."
Two, count 'em, two state officials have ever been impeached. State Supreme Court Justice Rolf Larsen went down in 1994. Remember the other? Nicholas Moore, speaker of the Colonial House, in 1685. What are the chances that our busy senators and representatives will take their time to investigate, let alone terminate, a township supervisor? No answer necessary.
A citizens group tried to recall second-term Philadelphia Mayor Frank Rizzo in 1976, but the State Supreme Court ruled that the recall provision in the city's Home Rule Charter was unconstitutional. Other attempts to remove Pennsylvania officials under municipal charters have similarly failed.
Most recently, voters in the town of Penn Hills, east of Pittsburgh, petitioned to remove two councilpersons who missed eight straight meetings. Council had been unable to pay nearly $4 million in bills, approve a $1 million federal grant application, or vote on a budget. The high court ruling left the unfortunate citizens with no recourse, and no budget.
Residents in South Newton Township, Cumberland County, gathered enough signatures in 2002 to remove supervisor Ronald Bouch, who allegedly had worked for the township after filing a 100-percent workers' compensation claim, and "harassed and intimidated township residents and employees who disagreed with him." No legal help was available.
But Pennsylvania has an Ethics Commission. Surely it can act on behalf of angry citizens who feel betrayed by their misbehaving leaders. Yes, it can. But only if that official has received " private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated" . Translation - if he misused his position to make money for himself or his family.
That is admirable as far as it goes, but does little to help a bad situation where no cashola actually changes hands. And that brings us to Richland Township.
In light of supervisor Mike Zowniriw's behavior since being elected, fed up citizens had begun to talk about a recall. They are angry over a pattern of alleged misconduct: phoned threats to volunteers at their homes; nepotism in nominating for a township board; a recent illegal secret letter to a judge, which supported his personal friends against his own township ; and his apparent attempt to use township resources to carry on the legal battle of other friends.
With Section 503 outta here, there is virtually no chance that Z, or any other elected official in this state, will be recalled, censured, or in any way disciplined. Mike is safe for five more years, free to do pretty much what he wants.
But in 2005, some power returns to the people. No petitions necessary. No courts. Totally constitutional. It's called the General Election. And everyone is free to participate.
Another of Richland's three supervisor seats will be up for grabs. There are no announced candidates yet. But you can bet the farm that one of the aspiring politicians will be a Richland Citizens Alliance ally of Mike Zowniriw. And a victory by that person will give Z, and his shenanigans, a majority on the board, and the power to carry out his will.
A few paragraphs ago, I said that no legal help was available for residents of South Newton Township, who were fighting Supervisor Ronald Bouch. That wasn't entirely so. The voters couldn't recall the man, so they took matters into their own hands. They organized, they rallied, and in May, 2003, they voted the scoundrel out of office. Terminated! In the primary election!
They sent a message. We only need to listen to again become The Terminators.