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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending Part 1, Article 101 of the Administrative Code, §5-101.03, to redefine the term "candidate" within the Administrative Code.
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WHEREAS, under the terms of Article III, Section 6(b) of the Allegheny County Home Rule Charter, Allegheny County Council Members are prohibited from being a candidate for other elected office while they retain their seat on Council; and
WHEREAS, Allegheny County Council Members are the only elected officials to be so restricted by the Home Rule Charter; and
WHEREAS, the Charter contains no definition of the term "candidate"; and
WHEREAS, there is no indication that the drafters of the Charter intended the prohibition of Article III, Section 6(b) to apply to Council Members at the very earliest stages of seeking other elected office;
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1.
Article 101, §5-101.03 of the Administrative Code is amended as follows:
A. The definition of "Candidate" shall be amended as follows:
CANDIDATE -- Any person seeking an elected public office who
has filed the required nominating petitions with the appropriate
Board of Elections, or in the case of a special election, has received
the nomination of his or her respective political party.
B. All other definitions contained within §5-101.03 shall remain unaltered and in effect.
SECTION 2.
Article 301, §5-301.06 of the Administrative Code is amended as follows:
§5-301.06. Prohibitions
A. County Council Members shall not be a candidates for nomination or election to any elected public office other than that of County Council without first having resigned as a member of Council. For the purposes of this section, "candidate" shall be construed as defined in §5-101.03 of this Administrative Code.
B. County Council members shall not hold any other elected public office and, except as specifically allowed by the Charter, shall not receive any salary, stipend or other compensation from the County or any County authority.
SECTION 3.
This Ordinance shall be effective April 1, 2006.
SECTION 4. 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 5. 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.