Amending Article II of the Rules of Council for Allegheny County Council through the creation of a new Section F.11., in order to provide a standardized rule governing participation in all standing committees.
Whereas, pursuant to Articles III and IV of the Home Rule Charter of Allegheny County, Allegheny County Council is established as a 15 member body, with 13 members elected by district and two elected at-large; and
Whereas, the provisions of Articles III and IV do not grant preference to any particular Members of Council in any particular type or form of proceeding, and Article III, ยง5(d) is specifically designed to guarantee varied participation in the legislative process; and
Whereas, the Members of Council have established and specifically rely upon a committee process for the thorough discussion and debate of pending legislative and other matters, See, e.g., Rules of Council, Article II, Rule F; and
Whereas, the Rules of Council are specifically structured to allow for such free and thorough discussion, See, e.g., Article II, Rule F.4.: "The committee is charged with reviewing, discussing, and, if the Chair deems necessary, investigating the legality of proposed legislation," language clearly indicating that the Chair is only intended to have discretion over requesting legal opinions on - and not discussion of - pending matters; and
Whereas, this conclusion is further bolstered by the terms of Article II, Rule F.7.: "No person, other than Council Members or Council staff, shall be heard or seated at the committee table unless invited by the Chair," language clearly indicating that the Chair is only intended to have discretion over comments offered by individuals who are not Council Members or staff; and
Whereas, despite these clear indications of intent, various chairs have imposed varying rules governing committee participation by duly elected Members of Council, and these rules inherently have the effect of limiting participation to different degrees from committee to committee; and
Whereas, it is the judgment of Council that a uniform standard should be adopted in order to clearly establish the rights of Council Members to participate in the committee process;
NOW THEREFORE, IT IS MOVED, BY THE COUNCIL OF ALLEGHENY COUNTY,
That this Council hereby amends the Rules of Council as follows:
Article II. Meetings
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F. Committee Meetings
1. The Chair of each standing committee may establish regular meeting days for the conduct of its business. Each such committee shall meet for the consideration of legislation pending before the committee or the transaction of other committee business on all regular meeting days fixed by the committee, and shall vote on such legislation if the rules regarding quorum and amendment are met.
2. The Chair of each standing committee may call and convene, as he or she considers necessary, additional and special meetings of the committee for the consideration of legislation pending before the committee or for the conduct of other committee business. The committee shall meet for such purpose under the call of that chair, or upon written request of a majority of the seated members of the committee. Notice of said meeting shall be given according to Subsection B of this Article.
3. Whenever legislation or other matter has been referred to a committee, the Chair shall have full power and control over such legislation or other matter, except that such committee shall not change the subject. A committee shall not consider a bill or other matter which is not in its possession.
4. The committee is charged with reviewing, discussing, and, if the Chair deems necessary, investigating the legality of proposed legislation. Should a Chair or other Member of Council desire a legal opinion on any item of pending legislation or issue before the committee, such legal opinion shall be requested through the Clerk, regardless of whether the opinion is requested from the County Solicitor or Legal Counsel. Any required response date should also be communicated to the Clerk.
5. A quorum shall be deemed to be present for any committee meeting to proceed when both the Chair and at least one seated committee member are present, with the exception of the Appointment Review Committee, for which the Chair alone may constitute a quorum. In any committee, a majority of the seated members is necessary for the committee to amend legislation.
6. The Chair may, if appropriate, request a fiscal note from the Budget Director. Such request shall be made formally and approved by the President. The note shall be completed in ten (10) days and the fiscal note provided to the proper committee for consideration.
7. No person, other than Council Members or Council staff, shall be heard or seated at the committee table unless invited by the Chair. The County Manager will be advised of the agenda for all scheduled committee meetings. The agenda shall serve as notice to direct the appropriate or requested representatives from the Administration to attend the committee meeting to answer any questions relative to matters on the agenda.
8. During its deliberation, the committee may vote on the legislation as presented or may amend (provided that a majority of the seated members of the committee are present). Upon the completion of its deliberation, the Chair may call for a vote of the committee recommending the legislation to the full Council with a negative, positive, or neutral recommendation. Any legislation which receives a majority vote of the members present shall be presented to the full Council for vote with said recommendation. The legislation, if amended, shall be presented as amended to the full Council for vote.
9. The Committee may also hold or table any legislation in committee by vote. A motion to hold should, whenever practicable, include a specified time period or condition upon which the legislation will be before the committee for reconsideration and must be approved by a majority of the committee members present. A motion to table must be approved by a majority of the committee members present. A motion to untable the legislation must be approved by a vote of two-thirds of the seated members of the committee.
10. When a committee has recommended legislation to the full Council for a vote, the Chair of said committee shall make a report to Council regarding the deliberations of the committee prior to the vote.
11. For the purposes of debate and discussion during the course of a meeting of any committee of Council, no Chair shall prohibit participation by any Member of Council, nor shall any Chair systematically refuse to recognize any Member of Council for the purpose of prohibiting participation by that Member of Council, absent a motion passed by a majority of the committee members present authorizing such action. A Chair may, however, opt to limit the number of questions asked at any one time at which members are recognized in the interest of conducting a meeting in an orderly fashion, provided that uniform limitations apply to all Council Members present. In the event that a Chair must find a Member of Council out of order as a result of a breach of applicable rule(s), the Member found to be out of order shall have the right to appeal the ruling of the Chair by motion. Such motion is to be made as soon as practicable after the Chair's ruling, must be seconded, is subject to neither debate nor amendment, and in the event that it is approved by a majority of the Committee Members present, shall have the effect of striking the Chair's ruling. Approval of such motion shall not prohibit the Chair from subsequently finding the same Council Member out of order for additional breaches of applicable rule(s), subject to the same right of appeal in each instance.
PRIMARY SPONSOR: COUNCIL MEMBER HEIDELBAUGH
CO-SPONSORS: