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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, providing that when the commencement, prosecution, or defense of litigation, between the Executive Branch and Legislative Branch causes a conflict of interest for the Allegheny County Solicitor, legal fees incurred by the Legislative Branch shall be borne by the Executive Branch and/or paid from the General Fund of Allegheny County.
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WHEREAS, Article III, § 7f of the Allegheny County Home Rule Charter provides that the annual appropriation for County Council shall not exceed four-tenths of one percent of the County's annual locally levied tax revenues; an appropriation that does not currently include funds for litigation; and
WHEREAS, Article V, § 3 of the Home Rule Charter provides that the County Solicitor shall be the chief legal officer of the County and serve as the director of the Law Department; and Article 405, §405.03 of the Administrative Code provides that the Solicitor has duties and responsibilities to County Council and the Chief Executive; and
WHEREAS, legal action by the Executive Branch against the Legislative Branch of County Government creates a conflict of interest for the County Solicitor and Law Department, requiring that the Legislative Branch utilize its own legal counsel when participating in or defending such actions;
WHEREAS, legal action against itself is a disservice to County residents, particularly when no real controversy exists, and results in additional cost to taxpayers when additional legal costs are necessary to defend actions commenced by the administration;
WHEREAS, commencing, prosecuting, and defending suits by the County is the responsibility of the County Solicitor; however, when a conflict of interest exists that prevents the Solicitor from fulfilling his responsibilities as they relate to the Legislative Branch, such costs for County Council's participation and/or defense through legal counsel should be borne by the Executive Branch and/or be paid from the General Fund of Allegheny County.
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1.
In the event that any legal action is commenced against the Legislative Branch (i.e. Allegheny County Council) by the Executive Branch (i.e. Chief Executive or Administration) of County government, any and all legal costs incurred as a result of participation and/or defense of that action shall be borne by the Executive Branch and/or shall be paid from the General Fund of Allegheny County. Legal costs incurred under this section shall neither be attributable to County Council's budget, nor shall be counted towards the four-tenths of one percent cap established for Council pursuant to Article II § 7(f) of the Allegheny County Home Rule Charter.
SECTION 2. 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. 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.