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An ordinance of the County of Allegheny, Commonwealth of Pennsylvania, directing that a referendum question regarding the amendment of Article III, §5(b) of the Home Rule Charter of Allegheny County, which places term limits on only the Chief Executive, be placed on the May 19, 2026 Primary Election ballot, and amending the Charter and Administrative Code of Allegheny County contingent upon the passage of such referendum.
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Whereas, Article III, §5(b) of the Home Rule Charter of Allegheny County establishes that “[t]he Chief Executive shall be limited to three consecutive terms of office.”; and
Whereas, it is the judgment of Council that the inclusion of the word “consecutive” in Article III, §5(b) creates ambiguity with regard to whether an individual might serve three consecutive terms, and then after an interruption in that service, serve three additional consecutive terms; and
Whereas, it is further the judgment of Council that this ambiguity is undesirable, and could function to circumvent the goals and functions of term limits to a significant extent; and
Whereas, it is finally the judgment of Council that a three term limitation imposed upon the Chief Executive is both an equitable and rational means of allowing for extended public service in that capacity by qualified individuals, while expanding access to elected office for other qualified individuals who wish to serve as the Chief Executive;
Whereas, it is therefore the desire of Council to resolve the ambiguity contained within Article III, §5(b);
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 hereby directed to place the following question on the May 19, 2026 Primary Election Ballot for consideration and approval by the registered electors of the County:
Shall Article III, Subsection 5(b) of Allegheny County's Home Rule Charter be amended to provide that the Chief Executive shall serve no more than three terms of office, regardless of whether such terms are consecutive?
SECTION 3. Contingent Amendment of the Charter.
In the event that the referendum question placed under the terms of Section 2 of this ordinance is certified to have been approved, Article III, §5(b) of the Home Rule Charter of Allegheny County shall be amended as follows:
(b) The Chief Executive shall be limited to three consecutive terms of office.
SECTION 4. Contingent Amendment of the Administrative Code.
In the event that the referendum question placed under the terms of Section 2 of this ordinance is certified to have been approved, the Administrative Code of Allegheny County, Part 4, entitled “Executive Branch,” Article 401, entitled “Chief Executive,” §5-401.05, entitled “Term limits,” shall be amended as follows:
§ 5-401.05. Term limits.
No Person shall be elected or appointed to more than three consecutive terms as Chief Executive. The appointment or election of an individual to serve as Chief Executive to fill a vacancy with an unexpired term of two years or less shall not be considered a term of office for purposes of the term limitations set forth in Article III of the Charter. The appointment or election of an individual to serve as Chief Executive to fill a vacancy with an unexpired term of more than two years shall be considered a term of office for purposes of the term limitations set forth in Article III of the Charter. Terms served in whole or in part prior to the effective date of this Section shall count towards the determination of term limits.
SECTION 5. Effective Date.
The provisions of Section 2 of this Ordinance shall become effective immediately upon final approval. The provisions of Sections 3 and 4 of this Ordinance shall become effective as specified therein.
SECTION 6. 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 7. 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.