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File #: 2673-06    Version: 1 Name: Motion of the Council of Allegheny County amending the Rules of Council for Allegheny County Council.
Type: Motion Status: Defeated
File created: 6/20/2006 In control: County Council
On agenda: Final action: 6/20/2006
Title: Motion of the Council of Allegheny County amending the Rules of Council for Allegheny County Council.
Sponsors: Jan Rea, Vince Gastgeb, Susan Caldwell, Dave Fawcett
Attachments: 1. 2673-06 Rules Amendment - Legislators and Act 44.doc

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Motion of the Council of Allegheny County amending the Rules of Council for Allegheny County Council.

 

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NOW THEREFORE, IT IS MOVED, BY THE COUNCIL OF ALLEGHENY COUNTY,

 

That this Council hereby amends the Rules of Council as follows:

 

ARTICLE IV.                     LEGISLATION & LEGISLATIVE ACTION.

 

A.                     Legislation

 

Council shall take official action by motion, ordinance, or resolution.  All legislation must be submitted to the Clerk in the proper format as determined by the Clerk and these Rules.  Legislation shall contain no more than one subject which must be clearly expressed in its title, except a general appropriation bill, and shall be presented in one of the following forms:

 

1.                     Ordinance - An ordinance is the most formal of the actions presented to Council.  Council Members, the County Manager, Independently Elected County Officials, and the Courts may sponsor ordinances and present them to the Council in writing.  Members of the general public may also present ordinances through the Agenda Initiative Petition process described in the Administrative Code.  Public notice must be given of the introduction and it must be read by title at two (2) general or special meetings of Council separated by at least seven (7) days.

 

2.                     Resolution - A resolution is a formal, written request for Council consideration sponsored by Council Members, the County Manager, an Independently Elected County Official, or the Courts.  Introduced in written form, resolutions must be identified on the agendas of convened meetings of the Council.  Public notice must be given of the introduction and it must be read by title at two (2) general or special meetings of Council separated by at least seven (7) days.

 

3.                     Motion - A motion is a formal request for some identified action or a means to express certain views.  Motions may be submitted by Council Members for inclusion on the agenda or may be made at a meeting, as they require neither public notification prior to passage, nor the approval of the Chief Executive.  A motion is adopted or defeated by simple majority vote of the seated members of Council.  Motions are also used to receive and file correspondence from the Chief Executive and other elected and appointed County officials.  The order of motion is governed by Robert's Rules of Order.

 

4.                     Amendments - Any member may move to amend legislation provided that the proposed amendment is germane to the subject and does not change its original purpose.  Amendments to ordinances and resolutions must be presented in writing.  If amending existing law, such amendment shall indicate present language to be omitted and new language to be inserted pursuant to the provisions of these Rules.  Amendments to formal motions may be presented orally upon the consent of the sponsor to amend.  Amendments made by committee shall not be subject to subsequent approval by the Council, but nothing shall preclude the amendment of such legislation on the floor.

 

5.                     Emergency Ordinances & Resolutions - Emergency ordinances and resolutions may be introduced by the Chief Executive, County Manager, or Council Members and shall contain a declaration that an emergency exists and clearly describe the emergency in specific terms.  Emergency ordinances and resolutions must be accompanied by a motion to waive the second reading, may be adopted by a majority vote of Council without prior notice, and may be effective immediately.  All emergency resolutions and ordinances shall expire after thirty (30) days unless re-enacted by a formal vote of Council at a general or special meeting.  After initial adoption of an emergency ordinance or resolution, the Clerk shall follow the publication requirements for other legislation.

 

6.                     Proclamations & Certificates - Proclamations and certificates are ceremonial acknowledgements, sponsored by a council member, whereby Council recognizes some event, person, or group for an activity or outstanding achievement.  Council members wishing to sponsor a proclamation or certificate must provide all information needed to compose the document to the appropriate staff person three (3) days prior to the date it is needed.  Council members may read the proclamation or certificate into the record, present it at a function other than a Council function, or send it to the recipient.  If the proclamation or certificate is to be presented during a Council meeting, the deadlines established to place items on the agenda apply.  If information is not available, and the appropriate staff person needs to contact someone, a reference person and telephone number should be given well in advance of the date that the proclamation or certificate is needed.

 

7.                     Appointments - Council shall receive recommendations for appointments to Boards, Authorities, Commissions, and other units of County government made by the Chief Executive at a regularly scheduled meeting of Council.  Recommendations shall be submitted to the Clerk in letter form, addressed to all members of Council, and shall contain no more than one name.  The letter shall include the name, address, and phone number of the candidate, the term of office for which the candidate is recommended, and the name of the person the candidate will replace.  Upon presentation of the appointment, the legislation will be referred to the appropriate committee for deliberation where all candidates will be interviewed, and the committee shall make a subsequent recommendation to the full Council.  It shall be the policy of Allegheny County Council that any individual who, in 2005 was a Member of the Pennsylvania General Assembly and who voted in favor of Act 44 of 2005 (commonly referred to as the "Legislative Pay Grab Bill"), shall not be eligible for appointment to any board, authority, commission, or other County entity.  Accordingly, no such individual shall be considered for confirmation by Council or any committee thereof.  Council must, by motion, act to confirm or reject appointments within forty-five (45) days or the appointment shall be effective as though Council had confirmed it.