TITLE
An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, requiring and authorizing a review of the Allegheny County Clerk of Courts, Prothonotary, Register of Wills and Recorder of Deeds, as well as the former Offices of the Jury Commissioners and Coroner 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 38-04-OR on December 6, 2004; and
WHEREAS, under the terms of Ordinance 38-04-OR, a referendum was placed upon the ballot for the May 2005 Primary Election, asking the electors of the County to determine whether the elected Clerk of Courts, Prothonotary, Register of Wills, Recorder of Deeds, Jury Commissioners and Coroner were to be abolished and replaced by appointed officials serving substantially the same functions; and
WHEREAS, Ordinance 38-04-OR was approved by the electors of Allegheny County on May 17, 2005; and
WHEREAS, Ordinance 38-04-OR also contained provisions that created a new Director of Court Records within the County, effective the first business day of January 2008, a new Real Estate Manager within the County, effective the first business day of January 2008, a new Office of the Medical Examiner, effective the first business day of January 2006, and abolished the Office of the Jury Commissioners, effective the first business day of January 2006; 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.
No additional consolidation or modification of the elected offices abolished under the terms of Ordinance 38-04-OR shall be conducted, nor shall any new administrative department be established, until such time as a review of the offices abolished under the terms of Ordinance 38-04-OR, pursuant to the terms of Article 1201 of the Administrative Code of Allegheny County, is completed.
Section 2. Amendment of the Administrative Code
Sections 5-201.03 and 5-201.05 of the Administrative Code of Allegheny County are hereby amended as follows:
§ 5-201.03. Independently Elected County Officials.
A. The following Independent County Offices shall be operated by County Officials:
(1) County Controller.
(2) District Attorney.
(3) Sheriff.
(4) Treasurer.
B. Abolition and Consolidation of Certain Independently Elected County Offices
(1) The elected Offices of the Clerk of Courts, Prothonotary, and Register of Wills are abolished effective the first business day of January 2008, and are replaced with the appointed office of Director of Court Records, who shall be selected pursuant to Article VI, Section 2(c) of the Home Rule Charter. The Director of Court Records shall perform all of the duties and functions currently vested in the Offices of Clerk of Courts, Jury Commissioners (2), Prothonotary, and Register of Wills by applicable law as of the date that the office of Director of Clerk Records becomes effective, provided that such duties and functions are not inconsistent with the Home Rule Charter. The consolidation and modification activities contemplated under the terms of this section shall not proceed until the completion of a review of the affected offices pursuant to the terms of Article 1201 of the Administrative Code of Allegheny County is completed.
(2) The Office of Jury Commissioner is abolished effective the first business day of January 2006. The duties and functions of the Office of Jury Commissioner shall be performed by the Director of Court Records; provided however, that the functions and duties of the Office of Jury Commissioner shall be administered by the County Manager or his designees from the first business day of January 2006 until such time as the Director of Court Records is selected as provided in Section B (1) above. The consolidation and modification activities contemplated under the terms of this section shall be suspended until the completion of a review of the affected offices pursuant to the terms of Article 1201 of the Administrative Code of Allegheny County is completed.
(3) The elected Office of the Recorder of Deeds is abolished effective the first business day of January 2008, and is replaced with the appointed office of Real Estate Manager, who shall be selected pursuant to Article VI, Section 2(c) of the Home Rule Charter. The duties and functions of the Real Estate Manager shall be all of those currently vested in the Office of the Recorder of Deeds by applicable law as of the date that the office of Real Estate Manager becomes effective, provided that such duties and functions are not inconsistent with the Home Rule Charter. The consolidation and modification activities contemplated under the terms of this section shall not proceed until the completion of a review of the affected offices pursuant to the terms of Article 1201 of the Administrative Code of Allegheny County is completed.
* * *
§ 5-201.05. Office of the Medical Examiner.
A. The Office of County Coroner is abolished effective the first business day of January 2006.
B. The Chief Executive shall appoint a Medical Examiner who shall serve a fixed term of five (5) years, commencing on the first business day of January 2006.
C. The Medical Examiner shall: (1) hold either a Medical Doctor degree or a Doctor of Osteopathy degree from an accredited institution; (2) possess a valid license to practice medicine in the Commonwealth of Pennsylvania; (3) be board certified, or board eligible, by the American Board of Pathology in forensic pathology; and (4) have had at least five (5) years of experience as a practicing pathologist.
D. The Medical Examiner, after expiration of his or her term, may be reappointed.
E. The Medical Examiner may be removed for cause by the Allegheny County Court of Common Pleas after having been provided with a copy of the charges against him or her for at least ten (10) days and full hearing by the Court.
F. If a vacancy shall occur by reason of death, disqualification, resignation, or removal, the Chief Executive shall appoint a successor to fill the remainder of the Medical Examiner's unexpired term.
G. The Medical Examiner shall have all of the powers, functions, and duties previously vested in the elected office of Coroner as set forth in 16 Pa. Stat. §§ 4232-48, including without limitation the power of inquest and the power of subpoena, as of the date that the office of Medical Examiner becomes effective.
H. The consolidation and modification activities contemplated under the terms of this section shall be suspended until the completion of a review of the affected offices pursuant to the terms of Article 1201 of the Administrative Code of Allegheny County is completed.
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.