Public Hearing

Senate Community, Economic and Recreational Development Committee
Senate Local Government Committee
House Urban Affairs Committee
House Local Government Committee

2nd Joint Public Hearing on Act 47 (Municipalities Financial Recovery Act)

Thursday, December 8, 2011 at 9:00 A.M.
House Majority Caucus Room (Rm. 140 – Main Capitol)

Watch - 1:34 | Watch - 1:13 | Watch - :58  Watch - 1:11

Please click on links to view documents and testimony

The above-listed four committees are gathered today to conduct a joint public hearing on Act 47 of 1987 (Municipalities Financial Recovery Act).  In that municipalities throughout the Commonwealth of Pennsylvania are facing financial difficulties and uncertainties, these hearings are focused on the context of Act 47 with the specific purpose of this hearing being to examine the impact of Act 47 on the stakeholders (i.e., local governments, businesses and communities, and labor). The committees will be hearing testimony from various individuals in a panel format as indicated below:

9:00 A.M. - Opening Remarks by Chairs

• Chairs of the four committees will each have an opportunity to provide brief opening remarks and thoughts.

9:05 A.M. - PA Statewide Local Government Associations

• County Commissioners Association of Pennsylvania (CCAP) – Douglas [Doug] E. Hill, Executive Director

• PA League of Cities & Municipalities (PLCM) – Mayor C. Kim Bracey, City of York (York County) (Director-at-Large of PLCM)
  • (Q/A) – Amy C. Sturges, Director of Governmental Affairs
  • Core Communities in Crisis Task Force Report
• Pennsylvania State Association of Township Supervisors (PSATS) – Elam M. Herr, Assistant Executive Director
• Pennsylvania State Association of Boroughs (PSAB) – Edward [Ed] C. Troxell, Director of Government Affairs

10:25 A.M. - 5 min. break

10:30 A.M. - PA Municipalities (i.e., Mayors, Council Members, Borough Managers, etc.)

• Borough of West Wyoming (Luzerne County) – Eileen Cipriani, Council Chairperson
  • Utilized Early Intervention Program (EIP - DCED) and avoided Act 47
• City of Scranton (Lackawanna County) – Mayor Christopher [Chris] A. Doherty (Past President of PLCM)
  • Designated Act 47 – 1/10/92
• City of Reading (Berks County) – Mayor Thomas McMahon (President of PLCM – 2011)
  • Designated Act 47 – 11/12/09
• Borough of Shenandoah (Schuylkill County) – Joseph [Joe] Palubinsky, Borough Manager
  • Designated Act 47 – 5/20/88, Rescinded – 4/16/93
• City of Pittsburgh - Intergovernmental Cooperative Authority (ICA) – Henry Sciortino, Executive Director
  • Designated Act 47 – 12/29/03
  • ICA - Act 11 of 2004
• City of Lancaster (Lancaster County) – Honorable Lloyd K. Smucker (PA Senate) on behalf of Mayor J. Richard [Rick] Gray (Director-at-Large of PLCM)
  • Prosper or Perish: Financing Local Government Services in Pennsylvania, Municipal Finance Task Force, City of Lancaster, J. Richard Gray, Mayor (2011)

12:10 P.M. - 10 min. break

12:20 P.M. - PA Business and Community

• Allegheny Conference on Community Development & Pennsylvania Economy League of Southwestern PA, LLC – Brian K. Jensen, Ph.D., Senior Vice President (Allegheny Conference) and Executive Director (PEL of Southwestern PA)
• Harrisburg Regional Chamber (HRC) & Capital Regional Economic Development Corporation (CREDC) – David [Dave] E. Black, President & CEO

1:10 P.M. - PA Municipal Labor

• Scranton Central Labor Union Council, AFSCME District Council 87 Hall – Nancy Krake, President
  • (Q/A) – International Association of Firefighters (IAFF) – Local # 60 – Dave Gervasi, President and President, Northeastern PPFFA (PA Professional FF Association)
• Fraternal Order of Police (FOP), Pennsylvania State Lodge – Mark Koch, Immediate Past President
  • (Q/A) – Richard [Rick] G. Poulson, Attorney at Law, Willig, Williams & Davidson
  • (Q/A) – Thomas [Tom] W. Jennings, Attorney at Law, Jennings Sigmond P.C. [Attorney in City of Scranton v. Firefighters Local Union No. 60 (Pa. Sup. Ct. - 10/19/11)]
• Pennsylvania Professional Firefighters Association (PPFA), Affiliated with: International Association of Fire Fighters (IAFF) – PA AFL–CIO – Art Martynuska, President
• American Federation of State, County, and Municipal Employees (AFCME) Council 13 – William [Bill] Dando, Director of Legislative & Political Affairs

Written Testimony Submission:

• Janet Evans, Council President (City of Scranton)
• Joseph L. Palubinsky, Borough Manager (Borough of Shenandoah, Schuylkill County)
  • Designated Act 47 – 5/20/88, Rescinded – 4/16/93
  • Financial History/Borough of Shenandoah
• Mark D. Schwartz, Esq., Attorney at Law – [Submitted written testimony via letter (dated 10/24/11) given his involvement with the City of Harrisburg (in relation to Act 47 and CH-9 Municipal Bankruptcy)]
• Thomas W. Jennings, Senior Partner, Jennings Sigmond P.C. (has represented both Fraternal Order of Police, E.B. Jermyn Lodge No. 2 and Fire Fighters Local No. 60, City of Scranton) – [Attorney that argued City of Scranton v. Fire Fighters Local Union No. 60 (Pa. Sup. Ct. - 10/19/11)]
• Justin Uczynski, President – Fraternal Order of Police, Lodge No. 9 (City of Reading)
• Robert Martin, President – Fraternal Order of Police, E.B. Jermyn Lodge No. 2 (City of Scranton)

Additional Information:

• Testifier Biographies
• Committee Chair Contacts
• Distress Determinations