The executive, administrative and law enforcement powers of the City shall be vested in the mayor. The mayor shall control and be accountable for the executive branch of city government, as provided by this charter.
The mayor shall have been a resident of the City for at least three years immediately preceding election, unless absent on the public business of the United States or this Commonwealth, and shall reside in the City while serving as mayor.
The mayor shall be chosen by the qualified electors of the City at the municipal election, and shall serve for a term of four years from the first Monday of January following election until a successor is elected and qualified.
The mayor shall have the following additional powers and duties:
a.
to provide leadership for the advancement of the City and achievement of the goals set forth in the Preamble of this charter;
b.
to execute and enforce the provisions of this charter, the ordinances and resolutions of the City and the laws of this Commonwealth;
c.
to inform council at least once a year concerning the finances and general conditions of the City;
d.
to provide council with information concerning the administration and conditions of the City as requested by council;
e.
to call meetings with council when necessary;
f.
to submit proposed legislation to any member of council for introduction;
g.
to make long and short range plans for the improvement of the economic, physical and social condition of the City and its neighborhoods;
h.
to supervise all city employees and officers except as otherwise provided by this charter;
i.
to promote intergovernmental relations generally and specifically by:
1.
initiating as well as cooperating in working relationships with other governments, public and quasi-public agencies for the promotion of public services, economic development and cultural activities of mutual benefit to all concerned;
2.
aggressively seeking funds for city programs from federal, state and county sources;
3.
making periodic public reports on the current status of the City's present and prospective relations with other governments, public and quasi-public agencies;
4.
The mayor shall present an annual report on the tax monies paid per capita and the citizens of the City of Pittsburgh to the federal government that is allocated to military spending. The report shall include an analysis of the impact of the military budget on the City's economy in relation to jobs and social services. The mayor shall advertise this analysis in two prominent daily newspapers in the City.
j.
to take such action as may be necessary to ensure that no inequities exist in any unit of city government and that each unit operates in a manner which provides every citizens full and equal access to government and a like opportunity to render goods and services to the City; and
k.
to perform other duties and exercise other powers as stated in this charter or assigned by law, ordinance or resolution.
The mayor shall deliver a state of the city message each year in public. The state of the city message may be delivered at the same time as the mayor's budget proposal to council or within three months thereafter.
A vacancy in the mayor's office shall be filled at the next election permitted by law. The person elected shall be a resident of the city of Pittsburgh and shall take office as soon as possible after the certification of election and shall serve the remaining portion of the vacated term.
Until the vacancy is filled by an election, the president of council shall serve as Mayor. If the president of council accepts the position of mayor, he/she shall immediately relinquish his/her position as council member. Council shall then elect a new president of council.
If the president of council shall be unable or unwilling to serve as mayor, a mayor shall be elected by a majority vote of all the members of council. The person elected shall be a resident of the city of Pittsburgh. If a member of council is elected and accepts the position of mayor, he/she shall immediately relinquish his/her position as council member.
The mayor may appoint a non-elected major administrative unit head to act as deputy mayor while the mayor is necessarily absent from the City or temporarily disabled. The mayor shall file a notice of the appointment in the office of council. The deputy mayor shall have all the powers and discharge all the duties of the mayor during the mayor's absence or temporary disability except the power of appointment or removal. The deputy mayor shall serve without additional compensation and post bond with the controller in an amount approved by council.
All units of government, except those mandated by this charter, may be established, revised or abolished by ordinance. Such an ordinance may be introduced by the mayor or council. If the ordinance is introduced by council, council shall immediately notify the mayor, who shall within thirty days of receipt of notice submit a recommendation to council. Council shall take no action on the ordinance until a recommendation is received or the thirty day period expires.
The mayor shall appoint the heads of all major administrative units subject to approval of council. Unless removed, all major administrative unit heads shall hold office during the term for which the mayor is elected and until their successors are appointed and qualified.
The mayor may remove the head of any major administrative unit at will. A removal shall not be effective until the mayor transmits reasons to council in writing.
All heads of units of government shall furnish the mayor or council such information as the mayor or council shall demand at any reasonable time and shall make an annual public report in writing to the mayor and council.
The mayor shall appoint, subject to approval of council, a city solicitor. The solicitor shall be a major administrative unit head. The city solicitor shall be an attorney qualified to practice law before the Supreme Court of Pennsylvania.
The city solicitor shall:
a.
act as attorney for the City as a municipal corporation, for council, and for any city unit of government, except when council or a unit of government authorized to do so by this charter chooses to use its own counsel;
b.
prepare all contracts to which the City or any of its units is a party; and,
The mayor shall appoint the members of all boards and commissions subject to approval of council. They shall serve for terms as provided by law, this charter or ordinance.
The mayor may remove any member of a board or commission at will except as otherwise provided by this charter. A removal shall not be effective until the mayor transmits reasons to council in writing.
The mayor shall appoint a fifteen member human relations commission. Each member shall serve for a term of four years or until a successor is appointed and qualified. The commission shall:
a.
investigate complaints of unlawful discrimination against any person in the enjoyment of the civil rights guaranteed by law, this charter or ordinance and secure those rights without discrimination;
b.
secure the rights of citizens to services from city government without discrimination;
c.
submit an annual written report to the mayor summarizing the year's activities and making recommendations;
d.
hold public hearings as necessary to make determinations on all matters within its jurisdiction; and,
e.
perform other duties and exercise all powers including enforcement powers as conferred by law or ordinance.
The commission may employ and supervise a staff including a solicitor. The solicitor for the commission shall be an attorney qualified to practice law before the Supreme Court of Pennsylvania. The solicitor shall be responsible to the chief staff officer of the commission and provide legal representation to the commission on legal matters within its jurisdiction.
The mayor may remove a commission member only for just cause and with the approval of council. The mayor shall submit reasons constituting cause in writing to the commission and council.
The mayor shall appoint all members of authorities subject to approval of council except as otherwise required by law. They shall serve for terms as provided by law.
A member of council shall serve on each authority board. However, no member of council may serve on more than one authority board at the same time.
The mayor may remove any member of an authority at will except as otherwise provided by law. A removal shall not be effective until the mayor transmits reasons to council in writing.
Should the mayor fail to nominate a person to fill any vacancy, however created, on any authority, board or commission within sixty days after an office becomes vacant, council may fill the vacancy unless prohibited by law.
The mayor shall appoint city magistrates subject to approval of council. They shall serve for terms of four years. However, the initial terms of magistrates appointed following adoption of this charter shall be staggered so that their appointment is distributed over four year periods as evenly as possible. If the mayor fails to nominate a person to fill a city magistrate's position within 60 days after the expiration of a magistrate's term, the name of the person currently holding that magisterial position shall, upon the person's consent, automatically be re-nominated for an additional term.
The mayor shall designate one magistrate to serve as chief magistrate. The chief magistrate shall employ and supervise a staff which shall be responsible to the chief magistrate. The chief magistrate shall be responsible for the scheduling of cases, assigning magistrates to various courts and maintaining proper decorum in court at all times.
Magistrates may be removed as provided by law and this charter.
Except as otherwise provided in this charter or by ordinance, the organization, jurisdiction, powers, procedures and practices of the magistrate courts shall be in accordance with the law.
The executive branch shall file a table of organization in the office of city clerk. The table of organization shall be kept current at all times and shall be available for inspection by the public during regular work hours.
There is established an Independent Citizen Review Board, comprised of seven members reflecting Pittsburgh's diversity, for the purpose of receiving, investigating and recommending appropriate action on complaints regarding police misconduct and for the purpose of improving the relationship between the police department and the community. The members shall serve four year staggered terms and serve until the appointment of their successors. Four of the seven appointments shall be made from a list of nine nominations submitted to the Mayor by City Council. Members shall be residents of the City, shall not be employed by the City or any of its Authorities, and shall serve without compensation.
[Ord. No. 22-2020, § 1, ref. of 11-3-2020, eff. 7-22-2020]
The Board shall:
a.
Receive all complaints related to the conduct of any sworn member of the Pittsburgh Bureau of Police and shall investigate selected complaints filed by individuals alleging police misconduct;
b.
Establish a mediation program pursuant to which a complainant may voluntarily choose to resolve a complaint by means of informal conciliation;
c.
Provide advice and recommendations to the Mayor and the Chief of Police on policies and actions of the Police Bureau, including recommendations on police training, hiring and disciplinary policies and specific recommendations of discipline for individual officers; provided, however, the Mayor and the Chief of Police shall retain full and ultimate authority to set disciplinary policies or take other actions deemed appropriate relative to the Police Bureau.
d.
Hold public hearings, subpoena witnesses and compel their attendance, administer oaths, take the testimony of any person under oath and in connection therewith require the production of evidence relating to any other matter under investigation or any questions before the board and do all other things necessary to fulfill its purpose.
e.
The Board shall employ and supervise a staff including a solicitor, as necessary. The Board shall adopt procedures and rules necessary to fulfill its purpose.
f.
City Council may by ordinance adopt regulations to effectuate this Charter provision.
g.
With the Controller, jointly conduct performance audits of the Bureau of Police or its successor, notwithstanding any other provision of this Charter, whenever the Board and the Controller decide such joint performance audits are necessary.
h.
Be subject to fiscal audits by the City Controller whenever the Controller decides it is necessary.
i.
The Board and the Commission on Human Relations, its adjuncts or successors, shall develop protocols necessary to assure complaints alleging unlawful discriminatory conduct by sworn police officers are referred to the Commission on Human Relations for evaluation and disposition if the Commission finds probable cause to proceed.
[Ord. No. 22-2020, § 1, ref. of 11-3-2020, eff. 7-22-2020]
a.
All officers and employees of the Bureau of Police, the Department of Public Safety, and the Office of Municipal Investigation, adjuncts or successors, shall participate in all investigations conducted by the Independent Citizen Review Board as required by the Board.
b.
Neither the Chief, Director of Public Safety, their successors nor the Mayor shall render a final disciplinary decision regarding an act of police misconduct subject to an active investigation by the Board until the Board submits its findings and recommendations to them. The foregoing shall not apply where the Board is unable to comply with the timing requirements applicable to the City by law or to ensure the public safety. Within thirty (30) days of submission of a recommendation by the Board to the Mayor and the Chief of Police, they shall respond in writing as to whether such recommendations are accepted, rejected or will be implemented with modifications.
[Ord. No. 22-2020, § 1, ref. of 11-3-2020, eff. 7-22-2020]
Notwithstanding any other provision of this Charter the mayor may remove a Board member only for just cause as provided herein. The Mayor shall notify the Board and City Council, detailing the findings of cause. If the Mayor recommends removal, unless City Council, by a two-thirds (2/3) vote, disapproves this finding within ten (10) days of notification, the recommendation of the Mayor shall be final, and the Mayor shall cause the member's removal.