TITLE
Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, establishing a process by which modification or elimination of County departments, agencies, or functions are conducted, in accordance with Article IV, § 2m of the Home Rule Charter of Allegheny County.
BODY
WHEREAS, Article IV, § 2m of the Home Rule Charter of Allegheny County provides that County Council shall have the power to "By ordinance or resolution, modify or eliminate any department, agency, or function that no longer meets the needs of the County's taxpayers;" and
WHEREAS, "modify" can mean a variety of things, from making minor changes to making basic or fundamental changes that give a new orientation or serve a new end; and
WHEREAS, since the modification or elimination of any County department, agency, or function would have budgetary implications, the authorizing power of Council to any changes by ordinance or resolution is even more appropriate; and
WHEREAS, recent discussions between the City and County have included the possibility of merging the functions of the City and County economic development agencies into one entity; such action which would result in the modification of the existing County department; and
WHEREAS, it is appropriate that County Council, created to represent the diversity of the County's citizens and to provide better access to County government, and vested with the budgetary authority of the County, consider such modification and authorize such changes pursuant to the Home Rule Charter as part of its legislative function;
WHEREAS, such change should not be made without information relating to the financial condition of any non-County department, agency, or function that would be involved in such a modification; and
WHEREAS, such discussions provide opportunity to establish a process by which modifications or eliminations are considered and approved by Council.
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1.
Any merger, modification or elimination of a County department, agency, or function with a non-County department, agency, or function, which County department, agency, or function no longer meets the needs of the County's taxpayers shall be accomplished through an ordinance of the County Council.
SECTION 2.
Any modification of a County department, agency, or function that contemplates merger or consolidation of said department, agency, or function with a non-County department, agency, or function shall require that an independent audit of such non-County department, agency, or function be completed prior to any authorization of modification.
A. Such audit shall include:
1. Practices and fiscal policies of the department, agency, or function;
2. A review of financial data relating to the past and current administration and operation of the department, agency, or function;
3. An identification of any leases, subleases, contracts, sales, and purchases currently in existence for the department, agency, or function; and
4. An analysis of past and current use of funds, past and current bond obligations, and past and current programs and program requirements.
B. In addition to the components listed in §2A, the audit shall report on the existing fiscal status of the department, agency, or function and make recommendations as to items that should be altered or addressed prior to any modification.
C. Said audit shall be provided to the Chief Executive and County Council prior to any action being taken on legislation authorizing modification of a department, agency, or function.
SECTION 3.
Any modification of a County department, agency, or function that contemplates merger or consolidation of said department, agency, or function with a non-County department, agency, or function shall take into consideration any debt that would be carried over with the department, agency, or function and provide that any funding stream to pay for the debt is also transferred to the County department, agency, or function.
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.
I do hereby certify that the foregoing Ordinance which was vetoed by the Chief Executive on July 23, 2004 was overridden by a two-thirds vote of said Council this 17th day of August, 2004.
_____________________________
John Mascio
Chief Clerk of Council