Who exactly is in charge here?
If you’re a resident of Harrisburg, you may be asking that question.
You’ve probably heard that state-appointed receiver David Unkovic has near-absolute power to make policy and order it implemented.
But Mayor Linda Thompson seems to retain day-to-day control of city operations. Meanwhile, the City Council continues to meet normally and consider ordinances and resolutions.
So then who’s in control of your city government?
Currently, the city is in a transitional phase. The power structure is evolving, dispersed among the mayor, the council and the receiver. That, however, is about to change.
The state takeover legislation explicitly states that the receiver has sole authority to draft and implement a recovery plan for Harrisburg. If the mayor or council refuse to implement it, the receiver is authorized to use courts to force them to obey.
Yes, Thompson and the new City Council president will be two members of a four-member advisory committee–but the committee’s advice extends only to how best to implement the plan, not what’s in it.
For their part, the various players frame their roles in different ways. Unkovic acknowledges his overwhelming authority over Harrisburg, but says he will wield power in the most inclusive, enlightened way possible.
“I’m not looking for power,” he said. “I’ve never looked for it my entire life, and I’m 58 years old.”
Unkovic said that he expects officials, including the mayor, council, treasurer and city controller, to continue in their roles.
“Elected officials are in their positions for a reason, and I will listen to their opinions,” he said. “I’ve treated them with respect, and I’ve reached out to them. I’ve met with them all.”
He added, “They still will have their jobs, just in context of the plan.”
Thompson says that she and Unkovic have met many times and that he respects her office and input. She said that she expects to play a meaningful role as the receiver’s plan is implemented.
“I see my role continuing as the CEO of the city,” said Thompson.
She said she will work to ensure that vital services, such as public safety and sanitation, continue to run smoothly, even as the city undertakes significant asset sales to settle its debt.
She also sees herself as both adviser and administrator.
“Ultimately, Dave will hear my input, and then I need to implement what he puts together,” she said.
Of all actors, City Council may be on the line to lose the most power, as so many council decisions involve either raising or spending money.
Councilwoman Susan Brown-Wilson said that she expects the council to operate in a normal way until shown otherwise.
“We’ll continue to legislate and do what we normally do,” she said. “His job is not to tell us how to legislate, in my opinion.”
Brown-Wilson said she will not vote for legislation that she believes is not in the best interest of the city, even if that leads to court involvement.
“Let him go to the courts, and then that’s where the battle will be taken up,” she said.
Councilman Brad Koplinksi said that, so far, he likes that Unkovic has been diplomatic and has even suggested that Harrisburg’s many creditors, in the end, may have to settle for less than full payment.
“How we react all depends upon what his plan is,” said Koplinski. “We could have a plan where the city gets socked. We could have a plan that calls for creditors to take a haircut. We’re all in a brave, new world here.”
Ironically, Unkovic will be allowed to do the one thing that the council majority most wanted to do–use the bankruptcy court.
The state law explicitly allows Unkovic “to file a municipal debt adjustment action” with the court to reduce the city’s debt load after July 1, when the state-imposed bankruptcy prohibition expires. By then, though, Harrisburg may be stripped of its most valuable assets, exactly what the council tried to prevent with its bankruptcy filing in October.
In fact, another provision in the takeover legislation–that Unkovic is prevented from “unilaterally” raising taxes–may only accelerate the city’s return to bankruptcy.
In the end, Harrisburg residents can expect to be under the jurisdiction of the receiver for at least the next two years, when his term expires. That term, though, easily can be renewed by Commonwealth Court.
It’s certainly possible that Unkovic–or his successor–could be in charge of Harrisburg for multiple mayoral terms, as the city muddles through, trying to get back on its feet.
In the short-term, over the coming months, expect a growing realization among city residents of where the real power lies.
“Mr.Unkovic is the one with bat in his hands at the moment, said resident and activist Les Ford. “He’s the one who’s going to make the decisions.”
Unkovic says that he takes his responsibility to the people of Harrisburg seriously and does not want to coerce compliance. He hopes not to have to use the court to force his recovery plan on the city.
“It’s better to have buy-in and cooperation than simply to exert power,” he said.
And, as things stand now, he seems to see his job as far from a long-term assignment.
“I want to do the best job that I can and then go away,” he said. “That’s the best that I can do.”
