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:
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.
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.
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.
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:
(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.
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.
