This Administrative Code of Delaware County (this Chapter 6) was written pursuant to the County's Home Rule Charter, Section 1002. Under preparation and review for 18 months, this chapter sets forth the administrative organization and functions of County government within the overall framework established by the Charter.
A.
Following the adoption of this chapter by ordinance
of County Council, detailed operating procedures will be prepared
and compiled into administrative manuals by each office or department
head. These rules and regulations will concern the day-to-day performance
of County business and will thus further elaborate upon the governmental
outline of the Charter and the administrative organization of this
chapter.
B.
The reader will note the duties and responsibilities
of the Courts are not covered by the Administrative Code because the
Courts fall under the jurisdiction of the state and have powers and
duties prescribed by commonwealth law. However, County Council does
exercise administrative control over Court operations, including matters
of budgeting, personnel, and purchasing.
C.
With this exception, the Administrative Code covers
all units of County government and provides its users (both the general
public and County employees) with a comprehensive guide to the organization
and functions of County government.
The Administrative Code is organized into four major sections, following Part 2, Introduction, which sets forth the title of this chapter, definitions of key terms, and the purpose of the headings used. The first major section, Part 3, sets forth rules of general applicability in County government. Part 4 sets forth the organization and duties of the councilmanic and executive services. Part 5 sets forth elected offices. Part 6 contains the repealer and amendment provisions.
A.
Part 3, containing Articles III through IX, applies universally to all units of County government and the Court. Because administrative organization, functions, and procedures described in these seven articles are so essential to the implementation of the Home Rule Charter and to the proper operation of County government, operating procedures are set forth in much more detail than in subsequent articles.
(1)
Specifically, Article III covers those nine items mandated by the Home Rule Charter in Section 1002. In doing so, this article gives the reader an overview of this chapter as a whole. The nine items are:
(a)
Dual compensation arising from dual employment of
appointed County officers and employees;
(b)
Designation of positions by pay level subject to merit
hiring, and the specific provisions therefor;
(c)
Conflict of interest provisions for appointed officials
from the department head level and higher, but also including similar
provisions for elected County officers;
(d)
Requirement that all elective and appointive County
offices require full-time service except as otherwise provided;
(e)
Financial management procedures which implement reporting
of monthly revenue and spending trends by departments and/or programs;
(f)
Organizational structure and general functions of
each department in the County government;
(g)
Procedures for annual review of County employee pay
scales;
(2)
Generally, Article III refers the reader to specific sections in the rest of this chapter dealing with the applicable provision. However, two topics are fully covered in Article III and do not appear elsewhere. Section 6-12 prescribes a Code of Ethics and conflict of interest provisions for elected and appointed officials and County employees. Section 6-15 details the duties and responsibilities of all department and office heads.
(3)
Article IV, Personnel, covers the essentials of the County's personnel system, including procedures for a merit system which will apply to approximately 80% of the work force. These provisions include job classifications and pay plans, hiring procedures, disciplinary actions and grievance procedures. Certain other positions of the County as listed in the Charter (Section 1014) and § 6-20C are exempted from merit procedures: 1) in order to retain direct supervisory controls of the Council over key decision making management level employees; 2) because elected officials are statutorily exempted from merit hiring procedures; or 3) because work to be performed by the position does not require specific skills or training and is, therefore, not suitable to job classification as inherent to the merit employment system. Additionally, employees in the offices of the Sheriff, District Attorney, Controller and Register of Wills are exempted from merit service because those independently elected officials, and not Council, are responsible for the quantity and quality of work performed in their offices and have, under the Charter, independent power to appoint, remove or supervise their employees.
(4)
In Article V the County's purchasing procedures are set forth in detail. Prescribed here are centralized competitive bidding procedures. Also covered are the development of standards and specifications of goods designed to increase competitive bidding and thus to achieve lower costs for County purchases.
(5)
The budget management function is described in Article VI. The procedures for the preparation of the County's operating and capital budgets and for the monitoring of expenditures are set forth.
(6)
Closely related to the budget management function is financial management as described in Article VII. In this article, the Treasurer's responsibilities for collecting, managing, and disbursing the County's monies are described. The duties and powers of the Controller (an independently elected official), as the "watchdog" over the expenditure of County funds, are set forth.
B.
Part 4.
(1)
Part 4, Councilmanic and Executive Branches of Government, fully describes the organization of County government as required by the Charter, Section 1002f. Containing much less detail than Part 3, this Part 4 reflects the basic organizational division described in the Charter, i.e., the grouping of those units of County government responsible directly to County Council (councilmanic service) and of those units responsible to County Council through the County Executive Director (executive service). For each department or office, the format generally followed is function, department head, duties, and organizations, the purpose being to present the general responsibilities of each unit of government and to leave to the manuals a detailed description of operating procedures. Because the manuals are to be approved rather than adopted by the formal ordinance procedure under the Charter, administrative and organizational flexibility is retained.
(2)
Also included in Part 4, under the councilmanic service, are the various boards and commissions such as the Board of Institutional Management, the Planning Commission, and the Park Board. Their duties and responsibilities are set forth consistent with Section 1208 of the Charter which provides for the continuation of such organizations and functions until modified by action of Council under Section 408h of the Charter.
C.
Part 5. Part 5 concerns the independently elected officials: the District Attorney, Sheriff, Register of Wills and Controller. This chapter recognizes that elected officials are answerable to the County electorate, and not Council, for performance of their duties under commonwealth law and the Charter. However, elected officials are subject to the administrative authority of Council, including matters of budgeting, personnel and purchasing.[2]
D.
The final Part 6 consists of the repealer, amendment and severability sections, which deal with this chapter's relationship to previously adopted ordinances concerning County administrative matters, with the effect of judicial decisions concerning any part of this chapter, and with the procedures for amendment.
Commentary is used sparingly. Typically, these
explanatory notes are found in the following circumstances: when the
function or organization of a department or office has been revised
pursuant to the Charter or as a direct result of this chapter itself;
when there has been a possible Charter conflict with commonwealth
law; or when a department's duties have been mandated by statute through
receipt of federal or state monies.
A.
Indeed, the reader should keep in mind that Delaware
County is the first "home rule" County in the state under the Home
Rule Charter and Optional Plans Law, 53 Pa.C.S.A. § 2901
et seq., and that, as a result, it is breaking new ground in the assignment
of some organizational and functional responsibilities to certain
departments/offices. These instances are fully identified and discussed
in the Code.[1]
B.
The rules set forth in the Administrative Code and
adopted by ordinance, will insure the orderly and efficient conduct
of County business and compliance of officials and employees with
the requirements of the Home Rule Charter as adopted by the voters
of Delaware County.
