An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending the Administrative Code of Allegheny County, Article 311, entitled “Official Actions of County Council,” §5-311.04, entitled “Consideration,” in order to clarify the requirement that all ordinances and resolutions be acted upon in either the affirmative or negative within 90 days of submittal.
WHEREAS, §5-311.04.B of the Administrative Code of Allegheny County clearly establishes that “County Council shall act on all Ordinances and Resolutions in either the affirmative or negative within 90 days of submittal unless otherwise provided in the Charter or this Administrative Code, or unless tabled by a 2/3 majority of the seated members of Council”;
WHEREAS, because §5-311.04.B. is drafted using “shall,” rather than “may,” the provisions of the section are mandatory and not subject to discretion, pursuant to §5-101.04.A. of the Administrative Code, which establishes rules of construction for the Code; and
WHEREAS, the apparent intent of the requirement contained within §5-311.04.B. is to prevent bills introduced by Members of Council to be referred to committee and left there without discussion or any chance of ever receiving a final vote from the full Council, thus enhancing both public debate and transparency;
WHEREAS, the conclusion that committees of Council are not to retain jurisdiction over bills indefinitely is bolstered by the fact that §5-311.04.B. only allows Council to avoid its requirements when it is required to do so by applicable law or when a bill is tabled by a supermajority of the full Council, and when it is remembered that no provision is made within the Administrative Code, Rules of Council, or elsewhere that would permit a committee to prevent debate or a final vote on any ordinance or resolution on its own initiative; and
WHEREAS, because the Rules of Council effectively place the committee structure entirely within the discretion of the Members of Counci...
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