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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, directing that a referendum question amending Article III, Section 6 entitled “Requirements; Prohibitions” of the Allegheny County Home Rule Charter, pursuant to the Home Rule Charter and Optional Plans Law and Second Class County Charter Law, be placed on the November, 2007 Municipal General Election ballot.
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WHEREAS, Allegheny County adopted a Home Rule Charter, effective January 1, 2000, which includes requirements and prohibitions for elected officers; and
WHEREAS, Allegheny County Council desires to submit to the electorate of Allegheny County a proposed ballot question that, if passed, would require the Chief Executive to resign from office prior to becoming a candidate for nomination or election to any elected political office other than that of Chief Executive; and
WHEREAS, the proposed amendment, if passed, would hold the Chief Executive to the same standard as Allegheny County Council Members, which, as set forth in the Home Rule Charter, states that Council Members are prohibited from running for an elected political office other than that of County Council, unless they resign first.
The Council of the County of Allegheny hereby enacts as follows:
Section 1. Incorporation of the Preamble
The provisions set forth in the preamble to this Ordinance are incorporated by reference as set forth in their entirety herein.
Section 2. Ballot Question
The Allegheny County Board of Elections is directed to place the following question on the November, 2007 Municipal General Election ballot:
Shall the Allegheny County Home Rule Charter be amended to require the Chief Executive to resign from his position prior to becoming a candidate for nomination or election to any elected political office other than that of Chief Executive?
Section 3. Provisional Amendment of the Home Rule Charter
If the Board of Elections certifies that the ballot question set forth in Section 2 above has been approved by the registered electors of the County, then the Home Rule Charter shall be amended thirty (30) days following the Board of Elections' certification as follows:
A. Article III, of the Home Rule Charter shall be amended as follows:
Section 6 Requirements; Prohibitions
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b) A County Council Member shall not be a candidate for nomination or election to any elected political office other than that of County Council without having first resigned from County Council. The Chief Executive shall not be a candidate for nomination or election to any elected political office other than that of Chief Executive without having first resigned as Chief Executive.
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Section 4. Provisional Amendment of the Administrative Code
If the Board of Elections certifies that the ballot question set forth in Section 2 above has been approved by the registered electors of the County, then the Administrative Code shall be amended thirty (30) days following the Board of Elections' certification as follows:
A. Article 401, §401.07 of the Administrative Code shall be amended as follows:
§ 5-401.07. Prohibitions.
A. The Chief Executive shall not be a candidate for nomination or election to more than one County office at the same time any elected political office other than that of Chief Executive without having first resigned as Chief Executive.
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Section 5. 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 6. 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.