The District Attorney shall be elected to a
four year term. Except as otherwise provided in this Charter, the
District Attorney shall have all the powers and duties granted by
Commonwealth law, by laws applicable to Counties of the Second Class
A for District Attorneys, by this Charter or by ordinance of Council.
The District Attorney shall perform those duties necessary for the
proper function of the Office and shall prepare for inclusion in the
Administrative Code[1] an article which sets forth the manner and procedure in
which the duties of the District Attorney are to be performed.
Vacancies in the office of District Attorney
shall be filled in the manner prescribed by law prior to adoption
of this Charter, or as shall hereafter be provided by law.
a.
The District Attorney may appoint such number of assistants
as required including a First Assistant, learned in the law, to assist
him in the discharge of his duties. The District Attorney shall determine
the number of assistants required to perform on a full time basis.
b.
The District Attorney shall appoint and supervise
the Criminal Investigation Division whose function it shall be to
provide to the District Attorney, local government police departments
as requested, and such other law enforcement agencies or authorities
as approved by the District Attorney, professional criminal investigative
services in support of the County criminal justice system.
c.
The District Attorney may appoint and supervise County
detectives who shall have all powers presently conferred by Commonwealth
law, who shall be general police officers and shall have all powers
conferred on constables by existing laws of the Commonwealth so far
as they relate to crime or criminal procedures.
Prior to the appointment of any person as a
detective, the District Attorney shall file with the Office of Judicial
Support, the name and photograph of such person, together with an
affidavit of such person setting forth the following:
a.
His full name, age, and residency address;
b.
That he is a citizen of the United States of America,
and at least 18 years of age;
c.
That he has resided in the County for a period of
at least two years immediately preceding the filing of the affidavit;
d.
That he has never been convicted of a crime involving
moral turpitude under the laws of this Commonwealth or any other state
or the laws of the United States.
The District Attorney shall prepare annual budget
requests based on staffing and compensation levels which support full
time operations, subject to the budgetary approval of Council. The
District Attorney may also retain part time assistants.
