This Charter defines the powers and establishes
the form of government of Allegheny County. This Charter shall be
the basic law of the County and shall be known and may be cited as
the "Home Rule Charter of Allegheny County."
Allegheny County, as its limits now are, or
hereafter may be changed in accordance with law, shall continue to
be a body politic and corporate by the name of Allegheny County with
all the rights granted by law or by this Charter.
The County has, and may exercise, any powers
and perform any function not denied by the Constitution of the Commonwealth
of Pennsylvania, statutes adopted by the General Assembly of Pennsylvania
including but not limited to the Home Rule Charter and Optional Plans
Law,[1] as amended from time to time or this Charter.
[1]
Editor's Note: See 53 Pa.C.S.A. § 2901
et seq.
a)
The home rule powers of the County under this Charter
shall be construed broadly in favor of the County.
b)
Upon the effective date of this Charter, all references
in the law to County Commissioners shall be deemed to refer to County
Council or the Chief Executive. County Council shall have all legislative
powers previously vested in the County Commissioners by law, except
as provided by this Charter. The Chief Executive shall have all executive
and administrative powers previously vested in the County Commissioners
by law, except as provided by this Charter. Unless otherwise provided
by this Charter, appointments previously made by the County Commissioners
shall be made by the Chief Executive.
c)
If any provision of this Charter shall be held by
any court of competent jurisdiction to be invalid, such invalidity
shall not affect any other provision of this Charter. The remaining
provisions of this Charter shall be given full force and effect as
completely as if the invalid provision had not been included.
a)
A County Government Review Commission shall be established
five years after the effective date of this Charter and every ten
years thereafter. The Commission shall study the Charter and County
government, including the organization, practices and responsibilities
of all County departments and agencies. The Commission shall evaluate
the effectiveness, efficiency and equity of County government and
this Charter. The Commission may make recommendations to the people
of the County on County government and may recommend amendments to
this Charter.
b)
The Commission shall be composed of nine members who
shall serve one-year terms. The members shall be voters of the County,
five of whom shall be appointed by County Council and four of whom
shall be appointed by the Chief Executive. The political party affiliation,
racial, geographic, age and gender diversity of the County shall be
considered in the appointment process. No County officer, employee,
or member of an agency shall be a member of the Commission. The Commission
shall submit a final report to the people of the County on the Commission's
findings and recommendations within one year after appointment of
the Commission.
[1]
Editor's Note: See Administrative Code Art.
1203.
a)
All laws relating to or affecting this County, its
agencies and employees, that are in force when this Charter becomes
effective, unless prohibited by law, are superseded to the extent
that they are inconsistent or interfere with the effective operation
of this Charter or of ordinances or resolutions adopted under this
Charter. All laws relating to or affecting this County, its agencies
and employees that are not inconsistent or in conflict with this Charter
or prohibited by law, shall remain in force and shall be construed
as if enacted under this Charter, but as of the date of the original
enactment.
b)
All rights, claims, actions, orders, ordinances, contracts
and legal or administrative proceedings of the County government shall
continue, except as modified by provisions of this Charter, and in
each case shall be maintained, carried on or dealt with by the County
officer or officers, or agency or agencies appropriate under this
Charter.
c)
If an office or agency is abolished by this Charter,
its powers and duties shall be transferred to the office or agency
designated in this Charter. Where the Charter does not specifically
designate the office or agency to which existing programs and functions
are assigned, the Chief Executive and County Council shall provide
for such assignments in the Administrative Code.
d)
All departments and agencies in operation at the time
this Charter takes effect, shall continue in operation after the effective
date of this Charter, unless they are modified or abolished by this
Charter or by ordinances adopted under this Charter.
e)
Members of agencies in office at the time this Charter
takes effect, shall remain in office for as long as their respective
appointed terms of appointment shall continue, unless and until such
agency shall be abolished, combined with another, or reconstituted.
In any case where an elected officer or agency
has the power to conduct public hearings, the elected officer or agency
shall have the authority to issue subpoenas for the attendance of
witnesses and to compel testimony and the production of documents
and other evidence. The subpoena shall be issued in the name of the
County and shall be signed by the elected officer or presiding officer
of the agency.
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"Agency" shall mean any County-related board,
commission, district, committee, council, or other governmental or
quasi-governmental entity which has been created or established by
the County or to which the Chief Executive or County Council has the
power of appointment, except for any authority or unit of local government
created pursuant to Commonwealth law, and any voluntary advisory board
established by the Chief Executive or by County Council.
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"Balanced annual operating budget" shall mean
a budget in which the beginning fund balances plus the estimated revenues
must equal appropriated expenditures plus ending fund balances, where
such fund balances are not less than zero dollars.
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"Balanced annual capital budget" shall mean
a budget in which the identified sources of funds equal the proposed
capital expenditures.
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"Business day" shall mean any day that is not
a Saturday, Sunday or legal holiday.
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"Charter" shall mean the Home Rule Charter of
Allegheny County.
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"County" shall mean Allegheny County or the
County of Allegheny.
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"Court of Common Pleas" shall mean the Court
of Common Pleas of the 5th Judicial District of the Commonwealth of
Pennsylvania, presently composed of Allegheny County.
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"Days" shall mean calendar days.
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"Elected political office" shall mean any federal,
Commonwealth, County or municipal position which is elected.
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"Initiative" shall mean the filing of a petition
containing a proposal for County Council action.
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"Law" shall refer to those laws of the United
States of America and the Commonwealth of Pennsylvania, as may be
in effect from time to time, that the County is required to observe
and adhere to in the exercise of its Home Rule powers.
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"Locally levied tax revenues" shall mean those
revenues derived from taxes levied by the governing body of the County.
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"Political body" shall mean an independent group
of electors that is not a political party but has filed proper nomination
papers as required by law.
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"Political party" shall mean any political party
or group of electors that has met the requirements set forth by law
to be recognized as a political party.
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"Seated Members" shall mean the Members holding
County Council seats that are not vacant.
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"Sunset review" shall mean that all County departments,
agencies and functions shall have a specified expiration date and
shall not continue to exist beyond this date without the affirmative
action of County Council.
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"Term" shall mean a term of office. In the case of a County officer appointed or elected to fill an unexpired term of two years or less, the unexpired portion of the term shall not be considered a term for any term limits as provided for in Article III of this Charter. In the case of a County officer appointed or elected to fill an unexpired term of more than two years, the unexpired portion of the term shall be considered a term for any term limits as provided for in Article III of this Charter.
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"Voter" shall mean a person who is lawfully
registered to vote.
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