At the monthly Delaware County Council meeting held on August 20, 2025, Mr. Jack Larkin presented a summary of the proposed Ordinance 2025-06, Authorizing the Creation of a Delaware County Human Relations Commission. It can be seen here starting at the 1:48:27 mark. This was a first public reading of the ordinance and may be refined. However, the purpose is to enhance the PA Human Relations Act and to provide the county with a mechanism to stop any and all discrimination of a member of a protected class. While the PA Human Relations Act deals with employment and housing discrimination, this ordinance goes further, protecting against discrimination in education and medical care.

In comments on August 19, 2025, Mr. Larkin mentioned that the commonwealth follows Title VII rules regarding employment non-discrimination on the basis of race, color, religion, sex, or national origin. Since there is controversy regarding certain aspects of Title VII, i.e. sex vs. gender, this ordinance adds “gender identity and sexual orientation” as a stop-gap for protected classes, just in case the federal law changes. His comments can be seen here at the 10:45 minute mark.

In his presentation, Mr. Larkin referenced Lehigh County a couple of times. It is interesting that he chose that county when discussing the Delaware County ordinance since it is not a neighboring jurisdiction. So why do it? Perhaps because the Delaware County ordinance mirrors the Lehigh County ordinance…almost exactly word for word, including references to the “Board of Commissioners,” which doesn’t exist in Delaware County. How much are the taxpayers spending on this copy & paste job?

The Delco County Council envisions appointing volunteers to this Human Rights Commission. The Commission would then take or initiate complaints regarding any discrimination, investigate, and then judge the conduct in question. They could mediate problems, issue subpoenas, and take sworn testimony as part of the investigation. After deliberation, the Commission would be empowered to levy fines or dismiss the complaint, depending upon the final determination. Following a determination of discrimination, the aggrieved party may then file a private action in the Court of Common Pleas to recover remedies (and legal fees) for the violation. As written, the ordinance requires potential victims to engage in the Human Rights Commission process before being allowed to file an action in court.

This Human Rights Commission is set up to be like a new department in the county government. Although the members of the commission would be appointed by the county council as volunteers, they would be allowed to hire staff and essentially run like another paid county department. However, the proposed commission seems to only be limited by the budget provided by the County Council. There is no separation of powers here, no checks and balances. They would act under the executive branch of county government and have the powers of the judicial branch as well. The courts can wait…the Human Rights Commission will handle all!

Council member Christine Reuther commented that more than half of the county’s budget is spent on Human Services and Social Services. She is hopeful that this commission can be run in a cost effective manner. Well, that will be up to the County Council, won’t it? They set and approve the county’s budget. This year’s budget cost the taxpayers a 23% tax increase. The 2026 budget season is quickly upon us. Has the County Council demanded cuts from the county departments for next year? How much of the 2026 budget will be allotted to this new commission? Although Council Member Elaine Paul Schaefer claims she hopes that they can set up a “low cost mechanism that will focus on mediation and conciliation,” she also believes that the “[council’s] job is to protect our residents from discrimination when it is happening.” When it comes down to the final drafting of this ordinance and drafting a county budget, the County Council will certainly be able to sell increasing the budget if it’s a matter of safety and “protecting” the people. They’ve got a track record!

So, the real effect of this proposed Human Rights Commission is more bureaucracy, bigger county government, and, most likely, more tax increases!

As the Constitutional Convention ended in 1787, Benjamin Franklin was asked if the delegates produced a monarchy or a republic. Franklin replied, “A republic, if you can keep it.”

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