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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, directing that a referendum question amending Article III, Section 3 of the Allegheny County Home Rule Charter pursuant to the Home Rule Charter and Optional Plans Law, be placed on the May 2005 Municipal Primary ballot.
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WHEREAS, the Allegheny County Council is dedicated to improving the efficiency of County government and such efficiencies can be improved upon by merging the offices that provide court-related functions into one office run by an appointed administrator; and
WHEREAS, the Allegheny County Council recognizes the need for qualified professionals to hold positions within the County but does not believe that changing some positions from elected to appointed, or requiring set qualifications, decreases the function of the offices in any way; and
WHEREAS, the Allegheny County Council recognizes that duplication of services has been an ongoing issue within the County and believes that it can best be addressed by merging the law enforcement offices within the County to further promote efficiency within our government; and
WHEREAS, the Allegheny County Council desires the public to maintain as much accountability as possible through the election process where appropriate and that providing for an elected assessor in an assessment system where independence and accountability is absolutely necessary furthers that goal; and
WHEREAS, the Allegheny County Council desires to enhance government services to all residents and believes that this goal is met by balancing the need for reform against protection of the office where independence is critical.
The Council of the County of Allegheny hereby enacts as follows:
Section 1. The Allegheny County Board of elections is directed to place the following question on the May 2005 Municipal Primary Ballot:
“Shall the County’s Charter be amended to a) retain the elected District Attorney and Controller; b) merge all Law Enforcement functions under an elected Sheriff; b) abolish the Recorder of Deeds position and merge the office with Assessments under an elected Assessor; c) replace the elected Clerk of Courts, Prothonotary and Register of Wills with an appointed Clerk of Records; d) abolish the Jury Commissioners; and d) replace the elected Coroner and Treasurer, respectively, with an appointed Medical Examiner and Treasurer?”
Section 2. Upon approval of the ballot question as presented in Section 1, Allegheny County’s Home Rule Charter, Article III, Section 3 shall be amended to read as follows:
Section 3 Elected Officers
The elected officers of the County shall be 15 County Council Members, the Chief Executive, the District Attorney, the Controller, the Sheriff and the Assessor and such other officers as may be required by law.
Section 3. Upon approval of the ballot question as presented in Section 1, Allegheny County’s Home Rule Charter, Article V, Section 1 shall be amended to read as follows:
Section 1 Authority and Composition
The executive and administrative power of the County shall be vested in the Executive Branch. The Executive Branch shall consist of the Chief Executive, the Manager, the Law Department and such other departments and agencies as are established in the Administrative Code. Upon the effective date of the establishment of the appointed positions of Medical Examiner and Treasurer, these offices shall be located in the Executive Branch of County Government. The appointment of individuals to these positions shall be made by the Chief Executive and confirmed by County Council. Upon the effective date of the establishment of the appointed position of Clerk of Records, this office shall remain an independent office. The appointment of an individual to the position of Clerk of Records shall be made by the President Judge and confirmed by County Council.
SPONSORED BY COUNCIL MEMBERS RICK SCHWARTZ AND JAMES SIMMS
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.