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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending Part 12, Article 1203 of the Administrative Code by making administrative changes to the overall operation of the Government Review Commission that will clarify and add greater detail to its existing provisions.
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WHEREAS, the provisions governing the operations of the Government Review Commission were crafted with the original Administrative Code; and
WHEREAS, once the provisions began to be implemented pursuant to the requirement in the Home Rule Charter, existing ambiguities and inconsistencies were discovered and alternative provisions were recommended to make the overall process easier; and
WHEREAS, it is the desire of this Council and the Chief Executive that making such administrative changes will benefit the process and ensure greater effectiveness for future Commissions as well;
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1.
Article 1203, § 5-1203.01 is amended as follows:
§ 5-1203.01. County Government Review Commission established.
In accordance with Article XIII, § 5 of the Charter, a County Government Review Commission shall be first established on January 1, in 2005, and then every 10 years thereafter. The Review Commission shall study the Charter and County government, including the organization, practices and responsibilities of all County departments and agencies. The Review Commission shall evaluate the effectiveness, efficiency and equity of the County government and Charter. The Review Commission may make recommendations to the people of the County on County government and may recommend amendments to the Charter.
SECTION 2.
Article 1203, § 5-1203.03 is amended as follows:
§ 5-1203.03. Appointment of members.
A. At a regularly scheduled meeting of Council in February of 2005, and every 10 years thereafter, the Council shall select and appoint five voters of the County to serve on the Review Commission.
B. Within 15 days after Council has formally appointed the aforesaid five members of the Review Commission, the Chief Executive shall appoint four voters of the County to serve on the Review Commission.
SECTION 3.
Article 1203, § 5-1203.04 is amended as follows:
§ 5-1203.04. Oath or affirmation.
Within 10 days of the final appointment of all nine members, the members of the Review Commission shall make oath or affirmation to support the Constitution of the United States and the Constitution of the Commonwealth, and to perform the duties of the office with fidelity.
SECTION 4.
Article 1203, § 5-1203.08 is amended as follows:
§ 5-1203.08. Expenses.
A. The members of the Review Commission shall serve without compensation, but shall be reimbursed by the County for their necessary travel expenses incurred in the performance of their duties. The Chief Executive shall request and the County Council shall approve appropriations necessary for such purpose in the balanced annual operating budget.
B. Members of the Review Commission shall be entitled to reimbursement for actual and necessary travel expenses incurred; provided, however, that the expenditure is incurred for attendance at a regularly scheduled Review Commission meeting. The reimbursable travel expense, in accordance with the County's travel policy, shall be governed by the following:
(1) Reimbursable travel expenses include the use of a privately-owned vehicle and shall include parking, mileage, and tolls;
(2) Reimbursable travel expense requests must be documented with an original itemized receipt, excluding mileage;
(3) Mileage reimbursable requests must include the travel date, origination, destination, number of roundtrip miles, and purpose;
(4) Reimbursements for mileage will be made at the prevailing Internal Revenue Service (IRS) rate; and
(5) Reimbursements shall not exceed $500 per Government Review Commission member for the duration of the existence of the commission.
SECTION 5.
Article 1203, § 5-1203.09 is amended as follows:
§ 5-1203.09. Staff.
Within the limits of the approved appropriation, the Review Commission may appoint one or more clerical and other assistants to serve at the pleasure of the Commission and may fix a reasonable compensation to be paid to such clerical and other assistants. Provision shall be made by the Chief Executive and County Council for the contracting of an independent, professional staff for the Review Commission whose roles and responsibilities shall be explicitly provided for within the contract. In the event that a legal opinion is required by the Review Commission, the members shall, to the extent possible, utilize the County Law Department. If the Commission deems it necessary to solicit an independent legal opinion, any resulting expense shall be subject to the availability of funds from the appropriation made for the Commission.
SECTION 6.
Article 1203, § 5-1203.10 is amended as follows:
§ 5-1203.10. Activities of Review Commission.
A. The Review Commission shall hold such public hearings as it deems necessary for the proper conduct of its review.
B. The Review Commission shall have the power to conduct inquiries and investigations to aid in the performance of its duties.
C. The County Council, the Chief Executive, and the County Manager, County Officials, and County agencies shall make available to the Review Commission all information, data, reports, records and other documents necessary for carrying out the duties of the Review Commission. This cooperation shall be provided in a timely fashion and may include the attendance of County Officials, County Officers, and Department Directors at meetings and hearings.
D. In the event that a referendum question amending the County Home Rule Charter is to be considered during its term, the Review Commission shall also make recommendations based on whether the question is approved or defeated.
(1) If the referendum is approved by a majority of electors and certified as such by the Board of Elections, the Review Commission shall consider the effect of the question and make recommendations regarding implementation of changes, including organization, practices, and responsibilities that are to be altered pursuant to the amendment. Such recommendations shall also include a time frame in which implementation could be accomplished.
(2) If the referendum is defeated, the Review Commission shall consider the question and make recommendations as to whether another question should be posed to the electorate or whether any action should be taken to effectuate the premise fo the failed referendum.
SECTION 7.
Article 1203, § 5-1203.11 is amended as follows:
§ 5-1203.11. Final report and discharge of Commission.
A. The Review Commission shall issue its final report to the Chief Executive, County Council and voters of the County within one year of the initial appointment of the members of to the Review Commission.
B. The final report shall be posted on the Internet at an appropriate County Controller Web site. Copies of the final report shall be made available for public inspection in the County Manager's Office during normal business hours.
C. Within 60 30 days following issuance of the report, the Review Commission shall file a statement sworn to by members of the Review Commission listing in detail the funds, goods, materials and services, both public and private used by the Review Commission in the performance of its work and the preparation and filing of the report. The sworn statement shall be attached to the report of the Review Commission.
D. Following the issuance of the final report and the filing of the sworn statement required in Subsection C, The the Review Commission shall be discharged. within 30 days of the filing of its final report.
SECTION 8. 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 9. 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.