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An Ordinance amending the Allegheny County Code of Ordinances, Division 1, entitled "Administrative Code," Article 203, "County Authorities," in order to clarify the County's relation to the authorities designated as “County Authorities” within the Code.
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WHEREAS, the Administrative Code of Allegheny County delineates certain authorities as “County Authorities” in §5-203.01; and
WHEREAS, while the Code specifies appointment and board membership qualification criteria, establishes budget information dissemination requirements, contains audit requirements, mandates legislative authorization prior to the authorities' commitment of County funds, and extends the County's disadvantaged business enterprise participation policies to the authorities, it is silent with regard to other fundamentally important matters of County Authority accountability and transparency; and
WHEREAS, the appointment mechanism established within the Code as currently written vests appointment power with one individual, the Chief Executive, and therefore intertwines authority management inextricably with a single individual's management philosophy, and may also stifle vigorous debate of authority management which would otherwise occur by a management entity comprised of varying viewpoints; and
WHEREAS, authorities' fiscal policies currently need only be approved by a governing body appointed by the Chief Executive and without accountability to the County's residents; and
WHEREAS, it is the judgment of Council that this structure is not in the best interests of the County because it fosters accountability to a single individual rather than to a broader cross section of individuals representing the County's residents;
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1. Amendment of the Code.
The Allegheny County Code of Ordinances, Division 1, entitled "Administrative Code," Article 203, is hereby amended as follows:
ARTICLE 203
County Authorities
§ 5-203.01. List of County authorities.
The following are the current independent authorities singularly or jointly
created by Allegheny County for the performance of important governmental
functions:
A. Sports and Exhibition Authority of Pittsburgh and Allegheny County.
B. Port Authority of Allegheny County.
C. Redevelopment Authority of Allegheny County.
D. Allegheny County Industrial Development Authority.
E. Allegheny County Residential Finance Authority.
F. Authority for Improvements in Municipalities.
G. Allegheny County Hospital Development Authority.
H. Allegheny County Higher Education Building Authority.
I. Allegheny County Housing Authority.
J. Allegheny County Sanitary Authority.
K . Allegheny County Airport Authority.
§ 5-203.02. Appointments to County authorities.
Unless otherwise provided by law, or the Charter, the Chief Executive shall make
all appointments to the governing board of all authorities created singularly or
jointly by the County the governing board of each County Authority delineated in §5-203.01 shall consist of seven members. Three of the members of each County Authority's governing board shall be made by the Chief Executive, two shall be made by the chair of County Council's majority party caucus, and two shall be made by the chair of County Council's minority party caucus. The term of all such appointments shall be two years, and no individual may be appointed to the same governing board for more than three terms, nor may any individual serve as an appointee for greater than six calendar years on any one governing board. Such appointments shall expire at the end of the appointee's term unless otherwise provided by law. All appointments to the governing board of such authorities made by the Chief Executive shall be made with the consent of a majority of the seated members of County Council. In the event that County Council does not confirm or reject an appointment within 45 days of receipt at the first regularly scheduled meeting of County Council, the appointment shall be effective as though County Council confirmed it. Any appointment subject to the term expiration provisions of this section may be extended by the Chief Executive for a maximum of 90 days beyond the date on which the appointment expires, should such extension be necessary for the orderly conduct of the authority's business.
SECTION 2. New Code Sections.
In addition to the amendments reflected in Section 1 of this Ordinance, the Administrative Code of Allegheny County, Article 203, is hereby amended and supplemented through the creation of new §§5-203.10 and 5-203.11, as follow:
§5-203.10. Legislative approval for certain actions.
For all County Authorities delineated in §5-203.01, legislative approval in the form of an ordinance or resolution duly enacted by Council and approved by the Chief Executive, shall be required prior to the following actions on the part of the authorities:
A. Final authority approval of capital or operating budgets; and
B. Any borrowings in excess of $500,000 (including bond issues) and any tax or grant revenue anticipation borrowings, regardless of amount; and
C. The hiring of executive directors or equivalent positions; and
D. The hiring of authority solicitors and other legal counsel, or the retention thereof pursuant to a professional services agreement.
§5-203.11. Collective bargaining ratification.
Any collective bargaining agreements between County Authorities delineated in §5-203.01 and any represented bargaining unit(s) shall require the written approval of the Chief Executive together with a fiscal note from the Director of the County's Department of Budget and Finance, and the reporting of the same to County Council, in order to become effective.
SECTION 3. Effective Date.
The provisions of this Ordinance shall become effective January 1, 2009. In the event that the size of the governing board of any County Authority delineated under the terms of §5-203.01 would be reduced by the application of the terms of this Ordinance, such board shall continue to exist without alteration after January 1, 2009, until a sufficient number of seated board members' terms expire to reduce the board to seven members. All time served as an appointee to a governing board after the effective date of this Ordinance shall count towards an individual's six year term limitation under the terms of §5-203.02.
SECTION 4. 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.