Pursuant to the terms of 61 Pa.C.S.A. § 1723, the Allegheny County Jail Oversight Board shall function as a continuation of the former Allegheny County Prison Board, previously established under the terms of the Second Class County Prison Board Act. For all purposes, references to the former Prison Board within this Administrative Code shall be deemed to also refer to the Jail Oversight Board.
[Added 12-5-2023 by Ord. No. 36-23]
A.
As provided for under the terms of 61 Pa.C.S.A. § 1723(b), the Allegheny County Jail Oversight Board shall consist of nine members, as follow:
(1)
The County Chief Executive.
(2)
Two judges of the Court of Common Pleas, one of whom shall be the President Judge, or his designee who shall be a judge, and one judge appointed by the President Judge.
(3)
The County Sheriff.
(4)
The County Controller.
(5)
The president of County Council or his designee.
B.
Qualifications of citizen members. The citizen members of the Jail Oversight Board shall not be employees of the County or of the commonwealth. They shall serve for a term of three years and shall be representative of the broad segments of the County's population and shall include persons whose background and experience indicate that they are qualified to act in the interest of the public. The citizen members shall be appointed by the County Chief Executive with the consent of County Council.
The Allegheny County Jail Oversight Board shall exercise, without limitation, all of the powers and duties established at 61 Pa.C.S.A. § 1724, or validly enacted successor statute.
A.
The Board's expenses, arising from the obligations imposed pursuant to Commonwealth law or this Administrative Code, shall be evaluated at the sole discretion of Council during the annual budget process provided by the Home Rule Charter of Allegheny County and this Administrative Code.
B.
The Board shall receive reasonable funding for and shall hire and supervise a solicitor as authorized through the annual budget in order to provide legal advice as needed. Such solicitor's general retainer shall not exceed $1,500 per month, although billing additional amounts for atypical services rendered, including but not limited to in-court appearances, shall be permissible to the extent authorized by annual budgetary appropriations.
C.
Under no circumstances shall the solicitor hired pursuant to the terms of this Section be a full time or part time County employee at any time during his/her service to the Board. Neither the solicitor hired pursuant to the terms of this Section nor any law firm or other entity employing such solicitor on a full time, part time, or contract basis shall be a party to any contract with Allegheny County at any time during the course of the solicitor's service to the Board.
D.
The Board shall vote upon hiring a solicitor at a public meeting, and such vote shall be subject solely to the budgetary and other requirements established under the terms of this Section. Any solicitor so approved shall serve at the pleasure of the Board and until such time as the Board votes at a public meeting to discontinue such service, and at all times during his/her service, the Board's solicitor shall be a member in good standing of the Bar of the Supreme Court of Pennsylvania. Under no circumstances shall any individual Board member or any County elected official or employee exercise his or her authority to circumvent, limit, or otherwise alter the Board's selection or retention of a solicitor; the provisions of this Section shall be the sole determinant of a Board solicitor's employment status.
E.
Nothing contained within this Section shall be deemed to empower the Board to establish a binding demand for funding beyond that required herein and appropriated in each annual budget.
In the event that any annual budget established via resolution validly enacted in accordance with the provisions of Article IV, § 2(b) of the Home Rule Charter of Allegheny County and/or Administrative Code of Allegheny County establishes an appropriation to the Allegheny County Jail Incarcerated Individuals Welfare Fund, the Jail Oversight Board shall be empowered to authorize expenditures of such appropriation(s) in any fashion consistent with Federal and Commonwealth law, and subject to any condition(s) governing expenditure of the appropriated funds established in such budget.