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Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending Part 3, Article 301 and 307 of the Administrative Code, by reinforcing the independence of the Legislative Branch and providing for additional protections for public participation and comment in County government.
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WHEREAS, the drafters of the Constitution of the Commonwealth of Pennsylvania, believing strongly in the concept of liberty and free government, included clear statements that the free communication of thoughts and opinions is an invaluable right of man in its Declaration of Rights; and
WHEREAS, likewise, the drafters of the Constitution of the United States of America provided protections in the First Amendment for freedom of speech and the right to petition the Government; protections that have been supported as necessary tools for the vigorous debate of the political process; and
WHEREAS, the residents of this Country, this Commonwealth, and this County depend upon those rights and their ability to communicate and participate in a government that was created to transfer substantial authority to the people of Allegheny County and to respond to the concerns of its citizens; and
WHEREAS, the separation of the legislative and executive functions under home rule was accomplished to provide checks and balances on the powers of government and to protect the rights, privileges, and powers reserved or guaranteed to the people by the Constitutions of the United States of America and the Commonwealth of Pennsylvania;
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1.
Article 301, § 301.01 of the Administrative Code is amended as follows:
§ 5-301.01. Authority and powers.
A. The legislative power of the County shall be vested in a County Council. The County Council shall possess all of the powers and authority set forth in Article IV, § 2, of the Home Rule Charter.
B. The independence of the Legislative Branch shall be maintained at all times. At no time shall any member of the Executive Branch infringe upon or interfere with the powers, duties, operation, or organization of the County Council.
SECTION 2.
Article 307, § 307.05 of the Administrative Code is amended as follows:
§ 5-307.05. Public participation and comment.
A. County Council shall adopt a written public participation and comment policy as required by 65 P.S. § 701 et seq., commonly known as the “Sunshine Act.”
B. Action taken by any elected or appointed official or employee of the County of Allegheny that in any way hinders or prohibits the freedom of speech or the right to petition the government will not be permitted. In particular, any action on the part of the Executive Branch that interferes with the ability of citizens to communicate by any means with his or her elected representative shall be prohibited.
(1) This prohibition shall apply to the use of electronic mail (e-mail), except for those filters commonly used to block unsolicited mass e-mails and e-mails containing offensive content not appropriate for a workplace setting.
SECTION 3. 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. 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.