The offices to be filled by election pursuant
to this Charter are the County Council, District Attorney, Controller,
Sheriff and Register of Wills.
All elected officers in County government shall
be registered electors in the County. They shall have attained the
age of 25 years and shall have been domiciled in the County for a
period of at least two consecutive years prior to the date of nomination
to candidacy for County office. Candidates for District Attorney and
Register of Wills shall be learned in the law and admitted to the
practice of law in the Commonwealth at the time of election to office
and throughout the term of office. Except as otherwise provided herein,
the term of office for all elected officers shall be four years from
the first Monday of January next after their election and until their
successors shall be duly qualified: no elected official may serve
more than two full elective terms in the same office, or a combined
total of 10 years service in the same office, whichever is greater.
Compensation for elected County officers shall
be fixed by Council; provided, however, that if Council proposes to
either raise or reduce the compensation or salary for any elected
office, such action shall be finally passed or adopted prior to the
last day for filing of nominating petitions for election to said office.
Council shall not raise or reduce the compensation or salary for any
elected office to be effective during the then current term of said
office.
a.
In the case of a temporary vacancy in an elected office
of County government, Council may temporarily fill the vacancy for
periods not exceeding six months. Thereafter, Council may review and
continue the temporary appointment in six month segments.
b.
In the case of a permanent vacancy in any elected
County office, except for the office of District Attorney, such as
caused by death, illness, physical incapacity, forfeiture of office,
removal from office, or resignation, Council shall appoint a successor
who shall serve, if the term to which he has been appointed would
have continued so long, for an appointed term ending on the first
Monday of January following the next municipal election more than
10 months after the vacancy occurs. The vacancy for the remainder
of the original elected term shall be filled by election at the first
municipal election which takes place more than 10 months after the
vacancy occurs. Upon a determination by Council that a permanent vacancy
exists, appointment of a successor shall ensure within 30 calendar
days thereof In the event Council has not appointed a successor within
30 calendar days and upon petition of 20 duly registered electors
of the County, the successor shall be appointed by the Court of Common
Pleas. In the case of a permanent vacancy in the office of District
Attorney, the Judges of the Court of Common Pleas shall fill such
vacancy.
a.
Elected officers and those appointed to fill a vacancy
in an elected office shall forfeit the right to continue in office
upon proven malfeasance, misfeasance, non-feasance, conviction of
a crime involving moral turpitude under the laws of this Commonwealth
or any other state, or the laws of the United States, behavior determined
by Council to be inconsistent with the County Code of Ethics[1] or assumption of domicile outside the County.
[1]
Editor's Note: See Charter Section 1017, Code
of Ethics.
b.
Upon determination by Council that cause exists for
removal from elective office, as stated in Section 305(a) above. Council
shall by affirmative vote of four members, issue a discharge resolution
dismissing the elected official from office.
c.
Delivery of a resolution leading to discharge of the
elected officer from his office shall be in the form of a Bill of
Particulars stating the Council's findings and removal determination.
The discharge resolution shall not be effective until 30 calendar
days have elapsed from the time and date of its delivery to the elected
officer.
d.
In the event of a response to the discharge resolution
in a rejoinder conveyed to Council by the elected officer within 20
days of receipt of a discharge resolution, Council may then only effectuate
the discharge resolution upon an affirmative vote of four members
taken within 10 days of receipt of the rejoinder.
e.
The elected officer, upon receipt of a discharge resolution
from Council, may also petition for judicial review within 30 days
of receipt of a discharge resolution. Such petitions by the elected
officer shall be adjudicated on the standard of whether or not Council's
discharge action was arbitrary and capricious action. The burden of
proof shall reside with the elected officer when such petitions are
adjudicated.
f.
During the said thirty-day interim, or during the
period between submission of a rejoinder and response of Council in
a vote on the rejoinder, the elected officer shall retain full authority
of his office in respect to the conduct of official business.
g.
The right of the elected officer to petition for judicial
review of the discharge resolution shall expire 31 days after his
receipt of the discharge resolution.
All County officers shall voluntarily execute
an oath or affirmation of office as prescribed by County ordinance
or Commonwealth laws.