The County Council shall be composed of five members nominated and elected from the County at large.
a. 
Council members shall serve staggered four year terms of office. At the first municipal election of the Council held pursuant to this Charter, two seats on Council shall be nominated and filled to serve four year terms.
b. 
Elections to Council will be held at two year intervals after the first Council election. Three seats shall be filled at the second election of Council held pursuant to this Charter while two seats shall be filled at the third election. This sequence of staggered elections shall be then continued in subsequent elections of Council.
Council shall hold an organization meeting on the first Monday of January of each even-numbered year at which time it shall elect one of its members as Chairman and another member as Vice Chairman. In any year when the first Monday of January is a legal holiday, the organization meeting shall be held on the following day. Council may transact any other business it may deem necessary at the organization meeting.
A majority of Council shall constitute a quorum for the transaction of business and, at any meeting at which a quorum is present, any ordinance, resolution or motion may be acted upon by a majority vote of the members of the Council present, unless a larger number is required by a provision of this Charter.
a. 
Council shall adopt and publish rules for the conduct of its meetings.
b. 
Council's rules for the conduct of public meetings shall be consistent with provisions of Commonwealth law requiring that meetings of the governing body of a County be open to the public and further requiring public notice of such meetings.
The Council Chairman shall preside at all meetings of Council. The Chairman may also appoint committees of two or more members of Council at any time to investigate and report upon such matters as the Chairman deems necessary to the effective execution of business. In the event of absence or incapacity of the Chairman, the Vice Chairman shall exercise the Chairman's duties.
The staff of Council shall consist of the County Clerk and such other assistants and clerks as may be required and appointed from time to time. Staff support shall be equitably apportioned among the members of Council. Council may also, subject to budgetary restraints, employ legal, financial or other professional assistance to supplement its regular staff and serve Council as a whole.
The legislative power of the County, including residual powers and any powers now conferred or which may hereafter be conferred upon the County by the Constitution or laws of the Commonwealth, shall be exclusively vested in and exercised by Council, subject only to the provisions of this Charter. Council shall have, but not by way of limitation, the following powers:
a. 
To adopt, amend or repeal a County Administrative Code.[1]
[1]
Editor's Note: See Ch. 6, Administrative Code.
b. 
To authorize and conduct inquiries and investigations into the operations of County government departments, boards and offices in aid of its legislative powers and assessments.
c. 
To adopt all necessary rules and regulations governing meetings and administrative procedures of Council.
d. 
To make appropriations, levy taxes, incur indebtedness, adopt the annual County budgets and establish fees.
e. 
To compel the attendance of witnesses and the production of documents and other evidence.
f. 
To set the compensation and number of employees in each entity of the County government.
g. 
To purchase, acquire by gift, or otherwise, hold, lease, let and convey, by sale or lease, such real or personal property as shall be determined to be in the best interests of the County.
h. 
To establish and abolish, by resolution, boards and commissions of the County government, except for such boards and commissions as may be prescribed elsewhere by this Charter.
i. 
To establish, abolish or reorganize departments and/or programs as required to promote efficiency and economy; except that any reorganization shall not eliminate any departmental functions or programs established by this Charter.
j. 
To provide for enforcement of all ordinances.
k. 
To provide for a personnel management system governing grievance procedures, personnel appointments, reappointments and dismissals.
l. 
To appoint County officers, including the County Executive Director, heads of Administrative departments, and heads of departments falling under the direct supervision of the Council, and further to fill vacancies in elective offices as herein provided.
m. 
To legislate in respect to intergovernmental programs involving negotiations with units of state, local and federal government.
n. 
To enter into agreements with units or groupings of local governments with respect to establishment, revisions or cancellation of service agreements.
o. 
To legislate concerning County participation in development programs including but not limited to mass transit, housing, land use, waste disposal and cultural developments.
p. 
To approve and authorize annual County operating and capital budgets.
Council shall decide which actions will be by ordinance and which by resolution except that acts of permanent policy, and acts which provide for raising revenue, appropriating funds or incurring indebtedness, and acts which provide a penalty or establish a rule or regulation for the violation of which a penalty is imposed, shall be by ordinance.
A bill may be introduced by any Council member or by Council as a whole. Each bill shall be submitted in writing and shall be limited to one subject which shall appear in the title. Any amendments to a bill shall be germane to the bill's subject.
a. 
No ordinance shall be adopted without a public hearing after public notice.
b. 
With the exception of emergency ordinances, before an ordinance is adopted it shall be read during regular meetings of Council on two different days at least six calendar days apart.
c. 
The reading of an ordinance shall be full and distinct unless:
(1) 
A copy of it is available for each person at the meeting who desires a copy, and
(2) 
The Council directs that the reading be by title and summary only.
d. 
An ordinance to meet an emergency may be introduced, read once, and put on its final passage at a single Council meeting by unanimous consent of all the Council members present. An emergency shall be defined as any threat to health, safety and welfare, domestic insurrection, natural disasters, civil unrest, war, or such other conditions which in the judgment of Council justify a determination of emergency.
e. 
All final actions in adopting ordinances, resolutions or motions shall be by roll call vote. The vote of each member shall be recorded in the minutes of the meeting.
f. 
Time of effect.
(1) 
A non-emergency ordinance shall take effect on the tenth day after it is adopted unless a later date is prescribed for it to take effect.
(2) 
An emergency ordinance may take effect immediately upon approval of the Council.
g. 
Public notice stating the title and effective date of each ordinance shall be given not more than 10 days after adoption of the ordinance.
Departments, offices, boards, commissions and authorities established under this Charter fall under the appointive authority of Council and include entities formerly supervised by the Board of Commissioners or formerly but no longer elected as independent offices. Where provisions of this Charter require the presence of minority party representation on a board or commission, the member to be appointed shall be chosen from a list of three nominees submitted by the County chairman of the party receiving the second ranking total vote cast in the most recent municipal election.
The County Clerk is successor to the office of Chief Clerk. The County Clerk's duties include the recording, certification and implementation of Council's actions. In all other respects, the statutory duties of Chief Clerk are retained in the office of County Clerk. Council may assign to the County Clerk, from time to time, additional duties as required.
Except as otherwise provided in this Charter, the Coroner shall have all the powers and duties granted by Commonwealth law, by laws applicable to Counties of the Second Class A for Coroners, by this Charter or by ordinance of Council. The Coroner shall be licensed to practice medicine in the Commonwealth.
Except as otherwise provided in this Charter, the Recorder of Deeds shall have all the powers and duties granted by Commonwealth law, by laws applicable to the Second Class A[1] for Recorders of Deeds, by this Charter or by ordinance of Council.
[1]
Editor's Note: So in original; should read "laws applicable to Counties of the Second Class A."
Except as otherwise provided in this Charter, the Jury Commissioners shall have all the powers and duties granted by Commonwealth law, by laws applicable to Counties of Second Class A for Jury Commissioners, by this Charter or by ordinance of Council. Appointees to the Jury Commission shall number two and shall include one appointee representing the party with the largest total vote cast in the most recent County municipal election and one appointee representing the party with the second ranking vote cast in the most recent County municipal election. Compensation for services of the Jury Commissioners is set at the rate of $50 per diem not to exceed $1,250 per Commissioner in any calendar year. The term of office for Jury Commissioner shall be four years.
[1]
Editor's Note: See also Ch. 88, Jury Commission.
Council may from time to time, establish and abolish boards, commissions and authorities for the general purpose of providing information, findings of fact, recommendations, and action on matters and problems falling within the legislative responsibility of the Council. Upon appointment, each body shall determine its rules of procedures and shall keep records of its proceedings. The Council may authorize the payment of compensation to members of boards, commissions and authorities. This section does not apply to standing bodies whose permanent existence is authorized by this Charter.
Except as otherwise provided in this Charter, the Treasurer shall have all the powers and duties granted by Commonwealth law, by laws applicable to Counties of the Second Class A for Treasurers, by this Charter or by ordinance of Council. In addition, the functions of real property tax assessments and levy of the County personal property tax accomplished by the Board of Assessment Appeals, together with all staff assigned to the performance of said functions at the time this Charter is implemented, are transferred to the office of the Treasurer. The Seated Lands and Tax Liens programs are assigned to the Treasurer. The Treasurer shall perform such other duties with respect to the collection of County taxes as shall be assigned by Council.
Council shall establish a permanent Board of Personnel Grievance and Performance Review which shall assist Council in the legislative function and provide procedures for the resolution of personnel grievances. The Board shall consist of three members to be appointed by Council for terms of two years. In addition, this Board shall evaluate the performance of all County funded programs and operations. The Board shall conduct performance audits at least once every four years in all entities of the County government. Upon completion of a performance audit, the Board shall make appropriate recommendations to the Council to improve the efficiency or effectiveness of the program or entity reviewed. Qualifications and compensation of the members of the Board shall be as determined by Council.
Council shall establish a Board of Tax Assessment Appeals which shall perform the function of hearing and adjudicating taxpayer appeals from County real property tax assessments. The Boards shall consist of three members to be appointed by Council for terms of two years. The Board shall be convened as required Qualifications and compensation of the members of the Board shall be determined by Council.
Council shall establish a Board of Elections. The Board shall be responsible for the registration of electors and the conduct of elections as required by law. The Board shall consist of two appointees representing the party with the largest total vote cast for a seat on Council in the most recent municipal election and one appointee representing the party with the second ranking total vote cast in the most recent municipal election. The term of office for the Board of Elections shall be two years.
Council shall appoint a County Solicitor who shall further have the authority to appoint Assistant County Solicitors in such numbers and at such annual salaries as shall be fixed by Council. The County Solicitor and Assistant Solicitors shall be learned in the law and admitted to the practice of law in the Commonwealth. This legal staff shall provide legal advice and assistance to all County offices and departments, whether elected or appointed, except for the offices of Controller and District Attorney.
As further detailed in Section 1205, Council shall establish a Board of Institution Management which shall assume responsibility for the management of all lands and buildings, furniture and fixtures, automotive equipment, staff and other resources of the former County Institution District.
a. 
Council shall appoint a Public Defender, learned in the law and admitted to the practice of law in the Commonwealth, who shall exercise those powers and duties assigned and/or granted to this office by law, this Charter, or by ordinance.
b. 
The Public Defender may appoint such number of assistants, including a first assistant, to assist him in the discharge of his duties. The Public Defender shall determine the number of assistants who shall perform on a full time basis.
c. 
The Public Defender shall prepare annual budget requests based on staffing and compensation levels which support full time operations to the extent required, subject to the budgetary approval of Council. The Public Defender may employ part time assistants.
Council shall establish an Office of Judicial Support which shall combine the offices of Clerk of Courts and Prothonotary. Except as otherwise provided in this Charter, the Office of Judicial Support shall have all the powers and duties granted by Commonwealth law, by laws applicable to Counties of the Second Class A for Clerks of Courts and Prothonotaries, by this Charter or by ordinance of Council.
Council shall establish a Department of Court House Police which shall maintain security, public safety and orderly conditions in respect to buildings and spaces comprising the County Court House complex, facilities and property, employee parking facilities, and such other duties as required to enforce general security in the Court House complex.
Council shall appoint a County Executive Director who shall be responsible for administration and management of departments of County government not directly managed by Council. He shall serve a term of two years and shall be eligible for reappointment to an unlimited number of terms.
a. 
Qualifications. The County Executive Director shall be selected on the basis of demonstrated administrative qualifications and management competence as determined by Council. Formal education, prior administrative experience, and career attainments are factors which shall be taken into consideration by Council.
b. 
Tenure of Executive Director.
(1) 
The Executive Director shall enjoy undisturbed tenure during the term of appointment. He may be removed from office only for reasons of proven malfeasance, misfeasance, non-feasance, crime involving moral turpitude under the laws of the Commonwealth, or any other states, or the laws of the United States, behavior prohibited by the Charter or under circumstances which, upon resolution of Council, impede or otherwise frustrate the effective and orderly discharge of the duties of the office of the Executive Director.
(2) 
Delivery of a resolution leading to discharge of the Executive Director 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 Executive Director.
(3) 
In the event of a response to the discharge resolution in a rejoinder conveyed to Council by the Executive Director 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 the receipt of the rejoinder.
(4) 
The Executive Director, 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 Executive Director 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 Executive Director when such petitions are adjudicated.
(5) 
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 Executive Director shall retain full authority of his office in respect to the conduct of official business.
(6) 
The right of the Executive Director to petition for judicial review of the discharge resolution shall expire 31 days after his receipt of the discharge resolution.
c. 
Supervision and appointments by the Executive Director. The Executive Director shall have supervision over all departments under his authority except as otherwise provided in this Charter. He may concurrently serve as the head of one or more such departments.
d. 
Powers and duties of the Executive Director. The powers and duties of Executive Director with respect to those departments and other entities under his authority include but not by way of limitation:
(1) 
Supervision.
(2) 
Authorization of expenditures of County funds for departments under his supervision as well as accounting for such expenditures in accordance with budgetary limitations.
(3) 
Preparation for submission to Council, in coordination with all departments of the County government, of the annual County operating and capital budgets including estimates of revenues, analysis of bond issue requirements, impact statements relating to effects on service delivery of budget disapprovals, and long term, five year forecasts of spending requirements by capital budget program.
(4) 
Execution and enforcement of all resolutions and orders issued by Council and pertaining to operations under his authority.
(5) 
Conduct of intergovernmental liaison programs.
(6) 
Provision of point of access for citizen and group presentation of requests and complaints relative to delivery of County services or execution of County business.
(7) 
Appointment of personnel; department heads listed below shall be confirmed by a majority of Council:
(a) 
Central Purchasing.
(b) 
County Personnel.
(c) 
Administrative Services.
(d) 
Human Resources.
(e) 
Public Works.
(f) 
Intercommunity Health Coordination.
(g) 
Intergovernmental Programs.
(h) 
Budget Management.
(i) 
Public Relations.
(j) 
Senior Citizen Services.
(k) 
Consumer Affairs.
(l) 
Planning.
(8) 
Monthly reporting to Council in respect to matters of County administration, progress of budget execution, and recommendations for legislative authorization when required to insure the efficient and orderly conduct of County affairs.
e. 
Removal of department heads. Appointees of the County Executive Director may be removed from office pursuant to procedures stated in the County Administrative Code,[1] except that department heads appointed by the Executive Director serve at his pleasure and may be removed from office without prior restraint by procedures of the Administrative Code or intervention of the County Council.
[1]
Editor's Note: See Ch. 6, Administrative Code.
a. 
Central Purchasing. The Department of Central Purchasing shall act as contracting officer for the County in the procurement of all supplies and services required for County operations.
b. 
County Personnel. The Department of County Personnel shall be responsible for the establishment of duties and qualifications for all positions staffed under merit procedures as specified in the Administrative Code. The Department of County Personnel shall additionally coordinate and oversee the hiring, training, assignment, re-assignment, rotation, performance evaluation, and discharge of all personnel in positions covered by merit procedures. It shall act as a centralized point of interviewing, screening, testing and referral for all persons seeking employment with the County government.
c. 
Administrative Services. The Department of Administrative Services shall act as a central source for data processing, management, phone, mail and file services to the County government.
d. 
Human Resources. The Department of Human Resources shall be responsible for the delivery of coordinated child care, mental health, and mental retardation services and such other related programs as may be designated by Council from time to time.
e. 
Public Works. The Department of Public Works shall be responsible for repairs and maintenance of buildings and facilities in the Court House complex, County bridges, operation of the County garage and motor pool, County incinerator operations, and programs of soil and water conservation and snow removal.
f. 
Intercommunity Health Coordination. The Department of Intercommunity Health Coordination shall be responsible for the County Health Coordination Program, the delivery of emergency health services, mosquito and rodent control, and the County Medical Dispensary.
g. 
Intergovernmental Affairs. The Department of Intergovernmental Affairs shall be responsible for coordination of governmental activities related to grant and subsidy programs managed by the Commonwealth and federal governments.
h. 
Budget Management. The Department of Budget Management shall be responsible for execution of the annual budgets approved by Council, including regular reports of findings and recommendations aimed at optimum spending levels.
i. 
Public Relations. The Department of Public Relations shall be responsible for the County public relations and information program.
j. 
Senior Citizen Services. The Department of Senior Citizen Services shall be responsible for the delivery of services to assist senior citizens in matters relating to programs and problems of the aged.
k. 
Consumer Affairs. The Department of Consumer Affairs shall be responsible for the conduct of consumer protection services including the periodic inspection of weights and measures from which the sale of goods and materials is based.
l. 
Planning. The Department of Planning shall retain all functions and responsibilities formerly assigned to the County Planning Commission.