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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending and supplementing the provisions of Article 1013 of the Administrative Code of Allegheny County, entitled “Political Activity; Accountability, Conduct And Ethics Code,” in order to establish a mechanism for review and investigation of campaign finance reports filed by candidates for County elected offices by the Allegheny County Ethics (ACE) Commission.
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Whereas, on May 23, 2023, Allegheny County Council passed Bill No. 12607-23, which inter alia, established campaign finance reporting requirements specific to candidates for County elected office in new provisions codified within Chapter 220 of the Allegheny County Code of Ordinances; and
Whereas, the Chief Executive returned Bill No. 12607-23 unsigned, which resulted in it passing into law on June 3, 2023; and
Whereas, the bill, now assigned enactment number 10-23-OR, establishes that, in addition to potential fines for late filings imposed by the Elections Division, violations of the campaign finance reporting requirements can be subject to additional action under the terms of the County’s Ethics Code, codified at Article 1013 of the Administrative Code of Allegheny County; and
Whereas, it is the desire of Council to establish a mechanism by which the Allegheny County Ethics Commission can review campaign finance filings and investigate any potential irregularities or potential violations of the campaign finance filing requirements on a continuous, ongoing basis;
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1. Amendment of the Code.
The Administrative Code of Allegheny County is hereby amended and supplemented by the enactment of a new Article 1013, entitled “Ethics Code,” and comprised as follows:
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§5-1013.02. Definitions.
The following words and phrases, when used in this code Article, shall have the meanings given to them in this section:
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CAMPAIGN FINANCE REPORT - Any report reflecting campaign finance information relating to any Primary, General, or Special Election that is filed by any candidate for County elected office or committee for any candidate for County elected office with the Allegheny County Division of Elections.
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§5-1013.05.A. Campaign Finance Reports.
Within 30 days of the deadline for filing campaign finance reports, the Division of Elections shall forward electronic copies of all campaign finance reports (as defined in this Article) filed to the ACE Commission. In addition to any penalties prescribed by applicable County, Commonwealth, or Federal law, failure to file any Campaign Finance Report required by County law shall also constitute a violation of this Article. The ACE Commission may review documents filed under the terms of this Section as provided for in §5-1013.22.D.
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§ 5-1013.22. Complaint.
A. Any individual who believes that an action or omission of a Covered Person is in violation of this Ethics Code shall have the right to lodge a formal complaint with the ACE Commission. To the extent that such complaint involves a covered person’s alleged noncompliance with the provisions of Chapter 220 of the Allegheny County Code of Ordinances, the Commission’s jurisdiction and authority regarding such complaint shall be limited to the delineation of such jurisdiction and authority contained within §§220-6.B and C.
B. A complaint alleging a violation of this article shall be in writing and filed with the Office of the Manager and the Chairperson of the ACE Commission, and shall contain the following before it will be considered by the ACE Commission:
(1) The name of the Covered Person (the Respondent) and the position or office held by the Respondent;
(2) The name, address and phone number of the person filing the complaint (Complainant);
(3) A statement of alleged facts and circumstances that the complainant believes in good faith constitutes a violation of this Ethics Code; and
(4) A sworn verification signed by the Complainant.
C. Within five days of the receipt of the complaint, the Office of the Manager shall:
(1) Date stamp the complaint;
(2) Acknowledge, in writing, the receipt of the complaint to the complainant;
(3) Keep the substance of the complaint confidential;
(4) Submit the complaint to the ACE Commission; and
(5) Notify the Respondent.
D. The ACE Commission may, upon the affirmative vote of at least four (4) members, initiate its own process in relation to violations of the provisions of Chapter 220 of the Allegheny County Code of Ordinances (relating to campaign finance reporting). Initiation of such process must be based upon reasonable articulable suspicion that one or more violations of Chapter 220 have, in fact, taken place. Such suspicion must be announced at a public meeting, immediately prior to voting upon process initiation, and both the announcement and vote must be included in the minutes of such meeting. In the event that the Commission initiates proceedings under the terms of this Section, it shall immediately move to the investigation process under the terms of §5-1013.24 of this Administrative Code. The Commission shall never, under any circumstances, initiate such process at the request of any Covered Person, elected body, or other individual or entity in the absence of a formal, timely complaint filed in accordance with the terms of this Section; initiating proceedings based upon such a request in the absence of a formal, timely complaint shall constitute a violation of this Article by all Commission members taking part in the resulting proceedings.
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SECTION 2. - Effective Date.
The terms of this Ordinance shall become effective November 8, 2023.
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.