MOTION OF THE COUNCIL OF ALLEGHENY COUNTY
Amending Article I Section E (1) (i) of the Rules of Council for Allegheny County Council, to establish the Executive Committee as a committee of the whole to ensure all members equal participation in the establishment of procedural rules and decisions regarding personnel.
Whereas, the Rules of Allegheny County Council give the President of Council the discretion of creating certain committees at the beginning of each term to consider, investigate, or take action in regard to matters or subjects brought before Council except for two committees which shall always be established as standing committees, the Executive Committee and the Budget and Finance Committee; and
Whereas, the Rules of Council provide that the Executive Committee shall make recommendations designed to improve and expedite the business and procedures of Council and its committees and to propose any amendments to the Rules deemed necessary and also be charged with making recommendations and approving actions regarding personnel matters; and
Whereas, the Administrative Code section 305.02. (A) <http://ecode360.com/print/AL1955?guid=8717050,8717047>requires County Council staff to perform such duties as assigned by the President of Council and the Council members which necessarily implies that each Council member carries the right to have access to staff and input as to the decisions regarding staff; and
Whereas, absent an individual right to participate in personnel decisions and the authorization of resources, Council’s staff could be hired and administered completely at the pleasure of the appointed Executive Committee Members and would frustrate the intent and purpose behind the Charter and Code which both guarantee Council members the support of a staff; and
Whereas, the Executive Committee is designated as a Standing Committee per the Rules of Council and Robert’s Rules of Order, which is established as authority for parliamentary procedure by the Rules, provides “a standing committee of a society reports to the assembly of the society, and not to the executive board, Roberts Rules of Order 11th Edition, pg. 491, ¶ 35, which is instructive as to the Executive Committee’s role to act in the interest of the Members, not the appointed officers; and
Whereas, decisions regarding the rules under which Council operates are of the utmost importance as they establish procedures for adherence to parliamentary procedure, assurance of member participation and concepts of fairness and openness that govern the actions of the body; and
Whereas, such decisions regarding rules and personnel necessarily affect each Council Member in their ability to carry out their duties and the structure under which they legislate which is integral to their function and oath of office; and
Whereas, assurance that deliberations regarding these matters are not conducted lightly and are not decided without the input and participation of each member is essential to preserve the integrity and function of the legislative body of this County; and
Whereas, requiring the Executive Committee of Council to be a committee of the whole would grant assurance to all Council Members that they would be able to fully participate in the decisions that affect the rules they are governed by and the resources they are given to conduct their duties;
NOW THEREFORE, IT IS MOVED, BY THE COUNCIL OF ALLEGHENY COUNTY,
That this Council hereby amends the Rules of Council as follows:
Article I. Organization of Council
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E. Committees of Council
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1. Standing Committees-The President, upon election, shall establish the standing committees of Council and appoint the members and the chair of each committee. Standing committees shall meet Tuesdays, Wednesdays, and Thursdays beginning no earlier than 4:00 p.m. When unable to attend a scheduled committee meeting, the chair of each committee may appoint a member of the committee to act as presiding officer. The number and scope of each committee shall be at the discretion of the President, except that the following shall always be established as standing committees:
i. Executive Committee - The Executive Committee shall be a committee of the whole and shall make recommendations designed to improve and expedite the business and procedures of Council and its committees and to propose any amendments to the Rules deemed necessary. The Executive Committee shall also be charged with making recommendations and approving actions regarding personnel matters.
PRIMARY SPONSOR: COUNCIL MEMBER MEANS
CO-SPONSORS: