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An ordinance of the Council of the County of Allegheny, Commonwealth of Pennsylvania, amending the Administrative Code of Allegheny County, Part 3, Article 301, entitled “County Council,” §5-301.08, entitled “Vacancies,” in order to clarify the process for appointing interim members of Council.
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WHEREAS, the Home Rule Charter of Allegheny County, Article III, §9, provides for the appointment of interim members of Council in the event that Council seats are vacated during the course of their occupants’ terms of office; and
WHEREAS, the Administrative Code of Allegheny County, §5-301.08, establishes a process by which this appointment takes place; and
WHEREAS, the existing language of §5-301.08 establishes that only the chairperson of the caucus to which the departed Council member belonged may nominate individuals to serve as interim Council members; and
WHEREAS, this language does not establish a process in the event that the departed Council member was the only member of their caucus; and
WHEREAS, the result of this is a structure in which Council will never receive nominations in the event that the only member of a caucus vacates their seat, and the process then reverts to the Court of Common Pleas; and
WHEREAS, it is the desire of Council to have the opportunity to appoint interim Council members in these circumstances in order to avoid pushing a Charter-imposed duty borne by the Council to the Court;
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1. Incorporation of the Preamble.
The preamble to this ordinance is hereby incorporated by reference.
SECTION 2. Amendment of the Code.
The Administrative Code of Allegheny County, Article 301, §5-301.08 is hereby amended as follows:
§ 5-301.08. Vacancies.
If a County Council seat becomes vacant due to death, resignation, forfeiture of office or failure to assume office after election within 30 days after the scheduled commencement of the term, the other members of County Council shall appoint an interim County Council member within 30 days. The interim County Council member shall be qualified under the Home Rule Charter to be elected to such office and shall have the same political party affiliation as the former County Council member or, in the case of a seat held by a person of no political party affiliation, shall have no political party affiliation. If a seat was held by a person having a political party affiliation, nomination of the individual to serve as interim County Council member shall be made only by the Caucus Chair of that political party. In the event that a seat held by a member with no political party affiliation becomes vacant, or that a seat held by the sole member of Council with that political affiliation becomes vacant, or if a Caucus Chair refuses or is unable to make a nomination within 20 days, then any member of Council may nominate a candidate to fill the vacancy in accordance with the previously stated rules of this Section. The interim County Council member shall hold the vacated seat in accordance with the provisions of Subsection B, of Article III, § 1.3-309, of the Charter. In the event that County Council is unwilling or unable, for any reason whatsoever, to fill any vacancy within 30 days after the vacancy occurs, then the Court of Common Pleas, upon petition of 100 registered voters of the same political party and district as the former County Council member or, in the case of an at-large vacancy, the petition of 100 registered electors of the County and same political party, shall fill the vacancy.
SECTION 3. - Effective Date.
The terms of this Ordinance shall become effective immediately upon the date of final approval.
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 Ordinance.