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File #: 2919-06    Version: 1 Name: An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, authorizing an independent audit of the Allegheny County Port Authority Police and the Allegheny County Housing Authority Police preceding the consolidation of the existing County, Por
Type: Ordinance Status: Expired by Rule
File created: 12/5/2006 In control: Special Committee on Government Reform
On agenda: Final action: 1/3/2008
Title: An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, authorizing an independent audit of the Allegheny County Port Authority Police and the Allegheny County Housing Authority Police preceding the consolidation of the existing County, Port Authority and Housing Authority Police forces into a single law enforcement entity.
Sponsors: Vince Gastgeb, Susan Caldwell, Matt Drozd, Dave Fawcett, Jan Rea, Rich Fitzgerald, Joan Cleary

                     TITLE

An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, authorizing an independent audit of the Allegheny County Port Authority Police and the Allegheny County Housing Authority Police preceding the consolidation of the existing County, Port Authority and Housing Authority Police forces into a single law enforcement entity.

                     

                     BODY

                     WHEREAS, Allegheny County currently maintains the Allegheny County Police, while the Allegheny County Port Authority and Allegheny County Housing Authority each maintain their own police forces; and

 

                     WHEREAS, although the Port Authority and Housing Authority police forces have limited jurisdictions, the County Police are specifically empowered to make arrests, serve and execute warrants throughout the County, and to perform the same functions as constables and police officers in cities of the first class on a countywide basis by 16 P.S. §4501(b);

 

                     WHEREAS, the Second Class County Code, 16 P.S. 4501 (a) specifically authorizes the creation of a County police force in Allegheny County; and

 

WHEREAS, although the Housing Authorities Law specifically authorizes the creation of Housing Authority Police forces in second class cities at 35 P.S. §1550(ee), and in first class cities at 35 P.S. §1550(ff), it does not appear to authorize the creation of such police forces in second class counties at all; and 

 

WHEREAS, the Port Authority is specifically authorized to petition the Commonwealth for the appointment of railroad or street railway policemen at 22 P.S. §3301; and

 

WHEREAS, it appears that the consolidation of the Port Authority and Housing Authority Police forces, each of which requires its own equipment, uniform, maintenance, and other expenses, with the County Police, which could perform identical functions throughout the County, has the potential to have significant and favorable budgetary impacts for both the Port Authority and Housing Authority ; and

 

                                          WHEREAS, it appears that such consolidation would aid in the enforcement of the laws of the County and Commonwealth by relying upon a single entity with countywide jurisdiction, rather than upon multiple entities with limited jurisdiction; and

 

                                          WHEREAS, consolidation of the County's police functions will aid in the process of improving the efficiency and transparency of law enforcement throughout the County, and will function as an effective compliment to modernizing the Allegheny County Sheriff's Office by converting the Sheriff into an appointed position; and

 

                                          WHEREAS, Section 225-1 of the Allegheny County Code of Ordinances specifically authorizes Council, through passage of an ordinance, to modify or eliminate any County department, agency or function or merge such entity with a non-County department, agency or function; and

 

                                          WHEREAS, Section 225-3 of the Allegheny County Code of Ordinances requires an independent audit of the non-county agencies, departments or functions before a merger or consolidation is authorized;

 

                     The Council of the County of Allegheny hereby enacts as follows:

 

Section 1.                     

 

Council hereby authorizes an independent audit of the Allegheny County Port Authority Police and the Allegheny County Housing Authority Police, consistent with the provisions of §225-3 of the Allegheny County Code of Ordinances.  The independent auditor or auditors shall be selected by the Allegheny County Controller no later than January 31, 2007, and the audit shall be completed and submitted to Council and the Chief Executive no later than March 31, 2007. 

 

Section 2.  Severability.  If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.

 

Section 3. Repealer.  Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.