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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 Cou...
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