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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, providing that when the commencement, prosecution, or defense of litigation, between the Executive Branch and Legislative Branch causes a conflict of interest for the Allegheny County Solicitor, legal fees incurred by the Legislative Branch shall be borne by the Executive Branch and/or paid from the General Fund of Allegheny County.
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WHEREAS, Article III, § 7f of the Allegheny County Home Rule Charter provides that the annual appropriation for County Council shall not exceed four-tenths of one percent of the County's annual locally levied tax revenues; an appropriation that does not currently include funds for litigation; and
WHEREAS, Article V, § 3 of the Home Rule Charter provides that the County Solicitor shall be the chief legal officer of the County and serve as the director of the Law Department; and Article 405, §405.03 of the Administrative Code provides that the Solicitor has duties and responsibilities to County Council and the Chief Executive; and
WHEREAS, legal action by the Executive Branch against the Legislative Branch of County Government creates a conflict of interest for the County Solicitor and Law Department, requiring that the Legislative Branch utilize its own legal counsel when participating in or defending such actions;
WHEREAS, legal action against itself is a disservice to County residents, particularly when no real controversy exists, and results in additional cost to taxpayers when additional legal costs are necessary to defend actions commenced by the administration;
WHEREAS, commencing, prosecuting, and defending suits by the County is the responsibility of the County Solicitor; however, when a conflict of interest exists that prevents the Solicitor from fulfilling his responsibilities as they relate to the Legislative Branch, such costs for County Council's participation and/or defense through legal counsel should be borne by ...
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