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Motion of the Council of Allegheny County amending the Rules of Council for Allegheny County Council to provide for limitations in the confirmation process for nominees for appointment to the County's boards, authorities, commissions, agencies and nonprofit corporations and associations.
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WHEREAS, by operation of the Home Rule Charter of Allegheny County, the Administrative Code of Allegheny County, or various statutes of the Commonwealth of Pennsylvania, individuals are routinely appointed to the governing bodies of various authorities, commissions, agencies and nonprofit corporations and associations having some affiliation with the County; and
WHEREAS, many of these appointments are made by the Chief Executive subject to the confirmation of County Council or are made by County Council itself; and
WHEREAS, the functions undertaken by the boards to which these appointments are made would be fulfilled by the County or other local government entity if the board, authority, commission, agency or nonprofit corporation or association did not exist; and
WHEREAS, many elected officials, including the Allegheny County Chief Executive, are subject to term limits, which are generally enacted to prevent an office from being perpetually occupied from the same individuals and, in the process, to ensure that new ideas are periodically introduced;
NOW THEREFORE, IT IS MOVED, BY THE COUNCIL OF ALLEGHENY COUNTY,
That this Council hereby amends the Rules of Council as follows:
ARTICLE IV. LEGISLATION & LEGISLATIVE ACTION.
A. Legislation
Council shall take official action by motion, ordinance, or resolution. All legislation must be submitted to the Clerk in the proper format as determined by the Clerk and these Rules. All bills with the exception of general appropriations bills shall contain no more than one subject, clearly expressed in their titles. All bills shall be presented in one of the following forms:
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7. Appointments - Council shall receive recommendations for appointments to Boards, Authorities, Commissions, and other units of County government made by the Chief Executive at a regularly scheduled meeting of Council. Recommendations shall be submitted to the Clerk in letter form, addressed to all members of Council, and shall contain no more than one name. The letter shall include the name, address, and phone number of the candidate, the term of office for which the candidate is recommended, and the name of the person the candidate will replace. Upon presentation of the appointment, the legislation will be referred to the appropriate committee for deliberation where all candidates will be interviewed, and the committee shall make a subsequent recommendation to the full Council. Council must, by motion, act to confirm or reject appointments within forty-five (45) days or the appointment shall be effective as though Council had confirmed it.
(a) Council shall, by motion and within forty-five (45) days, reject the nomination of any individual for reappointment if both:
1. At the time of nomination, the nominee has been an appointee to that same entity for a period of six (6) or more continuous years, and
2. The nomination is to the governing body of any of the following:
a. Any County Authority, as delineated in §5-203.01 of the Administrative Code of Allegheny County; or
b. Any County Agency, as delineated in §5-215.01 of the Administrative Code of Allegheny County; or
c. Any County or non-County Nonprofit Corporation or Association, as delineated in §5-215.03 of the Administrative Code of Allegheny County.
(b) Council shall, by motion and within forty-five (45) days, reject the nomination of any individual appointment to all other entities if, at the time of nomination, the nominee has been an appointee to that same entity for a period of four (4) or more continuous years.
(c) For the purposes of this section, service shall be deemed to be continuous if interrupted due to resignation or removal of the appointee. Lapses in service due to medical or personal reasons or occurring between the expiration of one term of appointment and the start of another, consecutive appointed term shall not be construed as interruptions in service, so long as another individual was not appointed to the same position in the interim.
(d) The requirements of subsections (a) and (b) above shall be applied in all situations, except where such application is explicitly contrary to an existing provision of state or federal law.