TITLE
An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania directing that a referendum question amending Article III of the Allegheny County Home Rule Charter, pursuant to the Home Rule Charter and Optional Plans Law and Second Class County Charter Law, be placed on the May 17, 2005 Municipal Primary ballot; and, further amending Article 201 of the Administrative Code of Allegheny County, contingent upon the passage of the referendum question.
BODY
WHEREAS, the citizens of Allegheny County adopted a Home Rule Charter, effective January 1, 2000, which provided for, among other things, a new form of County government as required by the Second Class County Charter Law consisting of an elected chief executive, an elected county council and the Independently Elected County Officials known as “the Row Officers”; and
WHEREAS, the Charter prohibited any amendments that would alter this new form of county government for five (5) years; and
WHEREAS, it has been judicially determined that the five (5) year restriction on altering the structure of Allegheny County government expires on January 1, 2005; and
WHEREAS, the Allegheny County Council and Chief Executive desire to submit a proposed ballot question to the citizens of Allegheny County which, if passed, would reduce the number of Allegheny County Independently Elected Officials; and
WHEREAS, the approval of a ballot question reducing the Independently Elected Offices in Allegheny County also would necessitate certain amendments to the Administrative Code including, without limitation, providing for the qualifications and additional regulations applicable to the new position of Medical Examiner, that would promote the independence of that office to the greatest extent possible, and for the assignment of the duties and responsibilities of the abolished Row Offices; and
WHEREAS, the proposed ballot question and the accompanying amendments to the Administrative Code, if passed, would provide for the orderly transition from the abolished Row Offices to the newly established appointed administrative positions by permitting those elected officials who currently hold the Row Offices that are being abolished to serve the remainder of their respective terms; and
WHEREAS, these changes in the form of Allegheny County government will inure to the benefit of the citizens and taxpayers of Allegheny County by providing for a more efficient, economical, and effective delivery of governmental services to the citizens of Allegheny County.
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1. Incorporation of the Preamble.
The provisions set forth in the preamble to this Ordinance are incorporated by reference in their entirety herein.
SECTION 2. Ballot Question.
Pursuant to the Second Class County Charter Law and the Home Rule Charter and Optional Plans Law, the Allegheny County Board of Elections is directed to place the following question on the May 17, 2005 Municipal Primary Ballot for consideration and approval by the registered electors of the County:
Shall the Allegheny County Home Rule Charter be amended to: a) replace the Clerk of Courts, Jury Commissioners, Prothonotary, and Register of Wills with an appointed Director of Court Records; b) replace the Coroner with an appointed Medical Examiner, retaining all powers enumerated in 16 Pa. Stat. §§ 4232-48; and c) replace the Recorder of Deeds with an appointed Real Estate Manager; each appointment by the County Manager commencing upon expiration of the elected officials' current term?
SECTION 3. Provisional Amendment of the Administrative Code.
If the Board of Election certifies that the ballot question set forth in Section 2 above has been approved by the registered electors of the County, then the Administrative Code shall be amended thirty (30) days following the Board of Elections' certification as follows:
A. Article 201, § 201.03 of the Administrative Code shall be amended as follows:
§ 5-201.03. Independently elected Elected County officialsOfficials.
A. The following Independent County Offices shall be operated by County Officials:
(1) Clerk of Courts.
(1) County Controller.
(1) County Coroner.
(2) District Attorney.
(1) Jury Commissioners: two.
(1) Prothonotary.
(1) Recorder of Deeds.
(1) Register of Wills.
(3) Sheriff.
(4) Treasurer.
B. Abolition and Consolidation of Certain Independently Elected County Offices
(1) The elected Offices of the Clerk of Courts, Prothonotary, and Register of Wills are abolished effective the first business day of January 2008, and are replaced with the appointed office of Director of Court Records, who shall be selected pursuant to Article VI, Section 2(c) of the Home Rule Charter. The Director of Court Records shall perform all of the duties and functions currently vested in the Offices of Clerk of Courts, Jury Commissioners (2), Prothonotary, and Register of Wills by applicable law as of the date that the office of Director of Clerk Records becomes effective, provided that such duties and functions are not inconsistent with the Home Rule Charter.
(2) The Office of Jury Commissioner is abolished effective the first business day of January 2006. The duties and functions of the Office of Jury Commissioner shall be performed by the Director of Court Records; provided however, that the functions and duties of the Office of Jury Commissioner shall be administered by the County Manager or his designees from the first business day of January 2006 until such time as the Director of Court Records is selected as provided in Section B (1) above.
(3) The elected Office of the Recorder of Deeds is abolished effective the first business day of January 2008, and is replaced with the appointed office of Real Estate Manager, who shall be selected pursuant to Article VI, Section 2(c) of the Home Rule Charter. The duties and functions of the Real Estate Manager shall be all of those currently vested in the Office of the Recorder of Deeds by applicable law as of the date that the office of Real Estate Manager becomes effective, provided that such duties and functions are not inconsistent with the Home Rule Charter.
B. The following § 5-201.05 is added to the Administrative Code:
§ 5-201.05. Office of the Medical Examiner.
A. The Office of County Coroner is abolished effective the first business day of January 2006.
B. The Chief Executive shall appoint a Medical Examiner who shall serve a fixed term of five (5) years, commencing on the first business day of January 2006.
C. The Medical Examiner shall: (1) hold either a Medical Doctor degree or a Doctor of Osteopathy degree from an accredited institution; (2) possess a valid license to practice medicine in the Commonwealth of Pennsylvania; (3) be board certified, or board eligible, by the American Board of Pathology in forensic pathology; and (4) have had at least five (5) years of experience as a practicing pathologist.
D. The Medical Examiner, after expiration of his or her term, may be reappointed.
E. The Medical Examiner may be removed for cause by the Allegheny County Court of Common Pleas after having been provided with a copy of the charges against him or her for at least ten (10) days and full hearing by the Court.
F. If a vacancy shall occur by reason of death, disqualification, resignation, or removal, the Chief Executive shall appoint a successor to fill the remainder of the Medical Examiner's unexpired term.
G. The Medical Examiner shall have all of the powers, functions, and duties previously vested in the elected office of Coroner as set forth in 16 Pa. Stat. §§ 4232-48, including without limitation the power of inquest and the power of subpoena, as of the date that the office of Medical Examiner becomes effective.
SECTION 4. 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 5. 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 Resolution.