TITLE
An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, requiring and authorizing a review of the Allegheny County Sheriff's Office under the terms of Chapter 225 of the Allegheny County Code of Ordinances and Article 1201 of the Administrative Code of Allegheny County.
BODY
WHEREAS, Allegheny County Council passed Ordinance 06-07-OR on February 6, 2007; and
WHEREAS, under the terms of Ordinance 06-07-OR, a referendum is to be placed upon the ballot for the May 2007 Primary Election, asking the electors of the County to determine whether the elected Sheriff is to be abolished and replaced by an appointed Sheriff; and
WHEREAS, Ordinance 06-07-OR also contains provisions that would create a new Office of the Sheriff, and would merge this office with the Allegheny County Police Department, effective January 1, 2010; and
WHEREAS, Article IV, Section 2.m. of the Allegheny County Home Rule Charter specifically confers upon Council the power to modify or eliminate any department, agency or function that no longer meets the needs of the County's taxpayers in this fashion; and
WHEREAS, Chapter 225, Article I of the Code of County Ordinances requires that a review of agencies to be modified pursuant to Article IV, Section 2.m. be conducted prior to the submission of the ordinance or resolution accomplishing the modification to County Council; and
WHEREAS, the review to be completed under Chapter 225, Article I is to be conducted pursuant to the provisions of Article 1201 of the Administrative Code of Allegheny County, governing Sunset Review procedures;
The Council of the County of Allegheny hereby enacts as follows:
Section 1.
A review of the Allegheny County Sheriff's Office, pursuant to the terms of Article 1201 of the Administrative Code of Allegheny County shall be completed prior to the amendment of the Administrative Code of Allegheny County contained within Ordinance 06-07-OR.
Section 2. Amendment of Ordinance 06-07-OR
Section 3.B. of Ordinance 06-07-OR is hereby amended as follows:
B. Article 201 of the Administrative Code shall be amended by the addition of a new §5-201.06, as follows:
§ 5-201.06. Office of Sheriff.
A. The Office of County Sheriff is abolished effective the first business day of January 2010, or upon completion of a review of the Sheriff's Office consistent with the terms of Article 1201 of this Administrative Code, whichever shall be later.
B. The Chief Executive shall appoint a Sheriff, who shall serve in such capacity at the pleasure of the Chief Executive.
C. The Office of Sheriff shall be merged with the Allegheny County Police Department effective January 1, 2010, or upon completion of a review of the Sheriff's Office consistent with the terms of Article 1201 of this Administrative Code, whichever shall be later.
D. The positions of Superintendent of Police and Sheriff may be held by the same individual.
E. The appointed Sheriff must be a graduate of the Allegheny County Police Academy, or an equivalent institution, and must have police and supervisory experience in the Commonwealth of Pennsylvania. The appointed Sheriff must possess all qualifications currently required to be a police officer and a police chief in the Commonwealth of Pennsylvania.
F. The appointed Sheriff shall have all of the powers, functions and duties previously vested in the elected office of Sheriff as set forth in 16 Pa. Stat. Ann. §§ 4201-4212 and §§ 4214-4221.16, as amended, as of the date that the appointed office of Sheriff was created.
G. All employees of the elected Sheriff, who are employed by the elected Sheriff at the time of the merger with the Allegheny County Police Department, shall retain their seniority, vacation, and sick time benefits.
H. All employees of the Allegheny County Police Department at the time of the merger shall retain their seniority, vacation, and sick time benefits.
I. After the merger of the office of the elected Sheriff with the Allegheny County Police Department, all employees shall be governed and controlled by the policies, practices, and collective bargaining agreements existing within the Allegheny County Police Department at the time of the merger, including without limitation, hiring practices, testing, job duties, and bidding to the extent that such policies and practices are not inconsistent with controlling state law.
J. After the effective date of the merger, training of new hires will include training under Act 2 which is specific to the duties of Sheriff's in the Commonwealth of Pennsylvania.
The job titles for the officers of the newly merged department will be determined prior to the effective date of January 1, 2010.
Section 3. 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 4. 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.