Then-state Sen. Dominic Pileggi introduced Senate Bill 375 to amend the state’s Municipal Authorities Act. According to the receiver’s office, the proposed bill prohibited authorities from spending money on things not related to their mission.
But 18 days prior to the state budget deadline, a provision was added that gave the counties board appointment power. Both chambers of the legislature passed the bill within a week. For Chester, it meant Delco and Chester County each were empowered to appoint three board members, ending the city’s sole control over the authority.
Pileggi, who is now a Delaware County Court of Common Pleas judge, did not respond to a request for comment.
The receiver’s office asserted that the statute that was added to the bill contained “hyper-specific” language designed to just target the CWA.
Kapoor said that explicitly naming CWA would be considered “special legislation” — and subsequently be unconstitutional.
“I’m a lawyer by trade. I am used to reading legislation, reading case law and otherwise, but — never seen something quite like this before,” Kapoor said.
The city is not waiving its right to challenge the legislation.
Speculating the reason as to why the legislation was amended in the 11th hour, Kapoor said the city of Chester shifting from Republican to Democrat in the early 2010s presented a threat to the GOP establishment that ruled for decades. He called it a “political power move.”
“I don’t want to pull any punches. I don’t want to bury the lede, but to any of my friends in the legislature who are watching this — I think you know what happened here,” Kapoor said at Tuesday afternoon’s Municipal Financial Recovery Advisory Committee meeting. “The change in the MAA in 2012 resulted in the CWA board appointments remaining under the control of a political party that Chester residents had just ousted after decades of control.”
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