The provisions of this article shall relate
to the transition form the existing commission form of government
to the form of government provided in this Charter. Where inconsistent
with the preceding articles of this Charter, the provisions of this
article shall constitute temporary exceptions thereto.
This Charter shall, upon approval by referendum
in the manner provided by law, become effective on the first Monday
of January 1976.[1]
[1]
Editor's Note: The Charter received voter
approval at a referendum held 5-20-1975.
All County officers elected to office prior
to the effective date of this Home Rule Charter shall complete the
terms of office to which elected without interruption in the performance
of statutory duties caused by application of any provisions of this
Charter and shall serve at the salary in effect at the time of their
election. No consolidation or abolishment of an elective office or
offices shall be authorized by Council while such elective terms remain
unexpired, nor shall Council authorize appointment of a successor
to such an elective office prior to expiration of his duly elected
term of office Upon completion of terms of office to which elected
prior to the date of effect of this Charter, Council may proceed,
pursuant to provisions of this Charter, to consolidate or abolish
functions and/or formerly elective offices, and may further appoint
personnel to supervise and manage the staffs and functions of such
formerly elective offices.
The annual salaries for the first term, and
until otherwise changed by action of Council for the elected officers
of the County shall be as follows:
|
Chairman, County Council
|
$30,300
|
|
Members, County Council
|
$26,700
|
|
District Attorney
|
$35,000
|
|
Controller
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$22,500
|
|
Sheriff
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$22,500
|
|
Register of Wills
|
$22,500
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The Delaware County Institution District shall
be dissolved on the first Monday of January 1978, and its administrative
duties and functions, lands and buildings, records, appropriations,
personnel and equipment shall be transferred to the County Council,
Board of Institution Management on that date.
The Salary Board is abolished as of the effective
date of this Charter.
a.
Two members of the County Council shall be elected
at the municipal election held November 1977. Three members of the
County Council shall be elected at the municipal election held in
November 1979. The first elections under this Charter of the Controller,
Register of Wills, and Sheriff shall take place in the municipal election
of November 1977. The first election under this Charter of the District
Attorney shall take place in the municipal election of November 1979.
b.
The three County Commissioners elected to office on
November 5, 1975, upon the effective date of this Charter, shall be
renamed members of Council and shall perform the duties assigned to
members of Council by this Charter and shall serve at the total compensation
in effect at the time of their election including that compensation
derived from performance of duties related to the management of the
County Institution District.
c.
Prior to the first Monday of January 1978, when two additional seats on Council shall have been filled at the first election of Council held under this Charter, the quorum, majority, and removal provisions defined in Article IV of this Charter and elsewhere in the Charter shall not be effective. Until such first election shall have resulted in the encumbering of two additional seats on the Council, a quorum of Council shall be two members. A majority and a removal vote shall be two votes. When two additional seats on Council shall have been filled pursuant to the first election of Council under this Charter, the quorum, majority and removal provisions defined in Article IV of this Charter and elsewhere in the Charter shall take effect and supersede the foregoing interim quorum, majority and removal provisions; provided that said foregoing interim procedures shall not be effective upon or applicable to elected officers of County government who were elected to County offices prior to the effective date of this Charter.
d.
The foregoing interim quorum, majority and removal
provisions shall be effective upon and applicable to the appointed
office of County Executive Director.
All County offices, boards, commissions and
committees not abolished by this Charter, and not inconsistent with
this Charter, shall retain their existing organization and functions
until modified by action of Council pursuant to the provisions of
this Charter. Members of the boards and commissions existing on the
effective date of this Charter and not abolished by its provisions,
shall remain in office for as long as their respective terms continue
or until the status of their respective boards or commissions shall
be altered by Council.
a.
All County ordinances, resolutions, rules, and regulations
which are in force at the time this Charter becomes effective which
are not inconsistent with the provisions of this Charter shall continue
in force until amended, superseded, or repealed. Unless prohibited
by the Constitution of the Commonwealth or an Act of the General Assembly
of Pennsylvania, all laws relating to or affecting this County or
its agencies, offices, or employees, which are in force when this
Charter becomes effective are superseded to the extent that they are
inconsistent or interfere with the effective operation of this Charter
or of ordinances or resolutions adopted pursuant thereto.
b.
All rights, orders, actions, contracts, and legal
or administrative proceedings of, or involving the County government,
shall continue, except as modified pursuant to the provisions of this
Charter.
Upon approval of this Home Rule Charter by the
County's voters, the Chief Clerk will record the Charter in the County's
ordinance books. The Chief Clerk will also file a certified copy of
the Charter in the offices of: The Secretary of the Commonwealth;
The Secretary of the Department of Community Affairs; and with the
County Board of Elections.
a.
Nothing in this Charter shall adversely affect the
rights, including pension and retirement benefits, of persons who
are County employees on the effective date of the Charter. Nothing
in this Charter shall adversely affect the rights or privileges of
any former County employee entitled to benefits.
b.
All employees of the County on December 31, 1975,
except those holding offices abolished by this Charter, shall continue
in employment, at rates of compensation during the year 1976 not lower
than their salary levels existing on December 31, 1975, until succeeded
or removed by action of Council.
a.
In adopting ordinances, the County Council shall follow the procedures prescribed in Article IV, except that at its first meeting or any meeting held within 60 days thereafter, the Council may adopt temporary ordinances to deal with cases in which there is an urgent need for prompt action in connection with the transition of County government and in which delay of the appropriate ordinance procedure would cause serious hardship or impairment of effective County government. Every temporary ordinance shall be plainly labelled as such but shall be introduced in the form and manner prescribed by Article IV.
b.
A temporary ordinance may be considered and may be adopted with or without amendment or rejected at the meeting at which it is introduced, except that the public hearing requirements shall be observed for ordinances of certain types, as prescribed in Article IV. After adoption of a temporary ordinance, Council shall cause it to be printed and published as prescribed for other adopted ordinances. A temporary ordinance shall become effective upon adoption or at such later time preceding automatic repeal as it may specify.
The following sequence of actions shall be implemented
by the County Council upon approval of this Home Rule Charter. While
the specific actions listed are not intended to delineate all necessary
actions required to implement this Home Rule Charter, the following
identify the major transitional actions required for complete implementation:
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Action
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Completion Date
| |
|---|---|---|
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a.
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First meeting of Council under provisions of
home rule.
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First Monday of January 1976
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b.
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First appointments under this Home Rule Charter
of: Board of Personnel Grievance and Performance Review, Board of
Elections, legal staff.
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First Monday of January 1976
|
|
c.
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Establishment of and selection of incumbent
for the position of County Executive Director.
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Fourth Monday of January 1976
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|
d.
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Approval of a County Administrative Code.[1]
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December 31, 1976
|
|
e.
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Establishment or consolidation of County departments
under supervision of County Executive Director. These are: Central
Purchasing, County Personnel, Administrative Services, Human Resources,
Public Works, Intercommunity Health Coordination, Intergovernmental
Affairs, Budget Management, Public Relations, Senior Citizen Services,
Consumer Affairs, and Planning.
|
June 30, 1976
|
|
f.
|
First nominations of candidates for Council
(two).
|
Primary Election of 1977
|
|
g.
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First elections of members of Council (two).
|
November 1977
|
|
h.
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Abolishment of the office of Clerk of Courts;
establishment of the Office of Judicial Support and Board of Institution
Management; transfer of functions of Clerk of Courts to the Office
of Judicial Support.
|
First Monday of January 1978
|
|
i.
|
First appointment of County Coroner under this
Home Rule Charter; first assumption of office by additional members
of Council (two).
|
First Monday of January 1978
|
|
j.
|
Second nominations of candidates for Council
(three).
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Primary Election of 1979
|
|
k.
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Second elections of members of Council (three).
|
November 1979
|
|
l.
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First appointments under this Home Rule Charter
of: Recorder of Deeds, Jury Commissioner (two), Treasurer, and Board
of Tax Assessment Appeals; second assumption of office by members
of Council (three).
|
First Monday of January 1980
|
|
m.
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Abolishment of the office of Prothonotary.
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First Monday of January 1980
|
|
n.
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Transfer of functions of Prothonotary to the
Department of Judicial Support.
|
First Monday of January 1980.
|
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The foregoing actions and the indicated completion
dates require mandatory performance by the Council. With respect to
those provisions covering administrative actions by the Council, the
completion dates are not mandatory but may be accomplished in advance
at the discretion of Council.
|
This article shall terminate and cease to be
a part of this Charter when the County Solicitor issues a written
opinion declaring that all actions required herein shall have been
complied with by the Council.
