This chapter and all amendments hereto shall be known and may be cited as "The Administrative Code of Allegheny County."
The purpose of this Administrative Code is to set forth the details for the administration and operation of Allegheny County Government, consistent with the provisions of the Home Rule Charter of Allegheny County as adopted on May 19, 1998, as amended from time to time, and all applicable laws of the Commonwealth of Pennsylvania.
Editor's Note: The Charter is included at the beginning of this volume.
The following words, when used in this Administrative Code, shall, unless the context clearly indicates otherwise, or specifically redefined for purposes of a section or subsection, be defined as follows:
- ADMINISTRATIVE MANUAL
- Those documents specifying detailed operational matters of County units, including, but not necessarily limited to, descriptions of the duties and responsibilities of subordinate units, rules and regulations and appropriate administrative procedures, records, and reports.
- ADMINISTRATIVE OFFICER
- The County Solicitor or the director of any department or any division within the administrative service.
- 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.[Amended 2-15-2005 by Ord. No. 11-05]
- An instrumentality of the Commonwealth of Pennsylvania and a body corporate and politic created pursuant to applicable law to perform an important governmental function.
- BALANCED ANNUAL CAPITAL BUDGET
- A budget in which the identified sources of funds equal the proposed capital expenditures.
- BALANCED ANNUAL OPERATING BUDGET
- 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 $0.
- BUSINESS DAY
- Any day that is not a Saturday, Sunday or legal holiday.
- Any person seeking an elected public office who has filed
the required nominating petitions with the appropriate Board of Elections,
or in the case of a special election, has received the nomination
of his or her respective political party.[Added 4-3-2001 by Ord. No. 36-01]
- CHIEF EXECUTIVE
- The Chief Executive elected by the voters pursuant to the Charter.
- The Commonwealth of Pennsylvania.
- COMPREHENSIVE FISCAL PLAN
- The annual operating and capital budgets, the grants and special revenues budget, and agency funds budgets (e.g., County budgets based on the proceeds of and levy of the Hotel/Motel Tax and the Sales Tax for the Regional Asset District), the two-year projected operating budget, the five-year capital improvement plan and the budget message prepared by the Budget Director and submitted by the Chief Executive to Council.
- An affirmative vote of at least a majority of the seated members of County Council.
- The County of Allegheny, Pennsylvania, a Home Rule County and a political subdivision of the Commonwealth of Pennsylvania.
- COUNTY COUNCIL
- The County Council of the County of Allegheny County, Pennsylvania.
- COUNTY MANAGER
- The individual appointed by the Chief Executive with the consent of the County Council who is charged with the powers and duties set forth in Article VI, § 1.6-602, of the Charter.
- COUNTY OFFICERS
- The Chief Executive and the members of County Council.
- COUNTY OFFICIALS
- The independently elected officers having powers, duties and responsibilities over a separately constituted County Office. The term "County Officials" shall be synonymous with the term "Row Offices" or "Independently Elected County Officials."
- COUNTY OFFICE
- The office held by the Chief Executive and the members of County Council.
- COURT OF COMMON PLEAS OR THE COURTS
- The Court of Common Pleas of Allegheny County, including all other minor courts and offices which are presently a part of the 5th District of the Unified Judicial System of the Commonwealth of Pennsylvania.
- Calendar days.
- A unit within the Administrative Service.
- The head of any department or division within the Administrative Service.
- DISADVANTAGED BUSINESS ENTERPRISE
- A for-profit small business concern that is at least 51% owned by one or more individuals who are both socially and economically disadvantaged, or, in the case of the corporation, in which 51% of stock is owned by one or more such individual, and whose daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it.
- An identified subunit of a County department within the Administrative Service.
- ELECTED POLITICAL OFFICE
- Any federal, commonwealth, county or municipal position that is elected.
- To appropriate a reserve estimated to meet as a yet unperformed obligation for goods or services.
- Regular work of at least 35 hours a week.
- GOVERNING BODY
- The Chief Executive and County Council acting pursuant to their powers under the Charter.
- INDEPENDENT COUNTY OFFICE
- Each office headed by an Independently Elected County Official.
- INDEPENDENTLY ELECTED COUNTY OFFICIAL
- Includes the elected Clerk of Courts, Controller, Coroner, District Attorney, Jury Commissioner, Prothonotary, Recorder of Deeds, Register of Wills, Sheriff and Treasurer.
- The filing of a petition containing a proposal for County Council action.
- 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.
- LOCALLY LEVIED TAX REVENUES
- Those revenues derived from taxes levied by the governing body of the County.
- Any county, city, borough, incorporated town, township, school district, home rule community or any other similar purpose unit of local government created by the General Assembly after July 12, 1972.
- All ordinances of the County, including the Administrative Code.
- Used in legal citations under this Administrative Code shall mean that the referenced material can be found at the cited volume and section of Purdon's Pennsylvania Consolidated Statutes Annotated.
- Any individual, partnership, association or corporation, including those acting in a fiduciary or representative capacity whether appointed by a court or otherwise.
- PERSONNEL SYSTEM
- The rules and regulations established in and pursuant to this Administrative Code governing employment of County employees.
- POLITICAL BODY
- An independent group of electors that is not a political party but has filed proper nomination papers as required by law.
- POLITICAL PARTY
- Any political party or group of electors that has met the requirements set forth by law to be recognized as a political party.
- To determine after goods are received or services are performed under a contract and at the time that payment is requested, that the expenditure is properly supported by requisition, purchase order and invoice, that the expenditures correspond to the proper account number.
- PRESIDING OFFICER
- The member of County Council temporarily chairing Council in the absence of the Council President.
- Used in legal citations under this Administrative Code shall mean that the references material can be found at the cited volume and section of Purdon's Pennsylvania Statutes Annotated.
- To print in a newspaper of general circulation in the County or to post on the Internet at an appropriate County-controlled Web site the entire document or a brief summary of the substantive provisions thereof with a listing of places where copies have been filed and times when they are available for public inspection. The failure of the Internet posting shall not constitute an invalidation of any publication.
- REVIEW COMMISSION
- The County Government Review Commission established pursuant to Article XIII, § 1.13-1305, of the Charter.
- ROW OFFICES
- The offices headed by County Officials.
- SEATED MEMBERS
- Members holding County Council seats that are not vacant.
- SUNSET REVIEW
- 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.
- 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.
- Any County department.
- A person who is lawfully registered to vote.
- Any "person" as herein defined. Whenever used in any clause prescribing or imposing a penalty, the term "whoever" shall include any person who causes an act to be done, whether directly performed by himself or otherwise or who aids, abets, counsels, commands, induces or procures its commission.
For the purposes of this Administrative Code, the following rules of construction shall be observed unless otherwise provided in the Code and unless the context clearly indicates otherwise and unless the application of such rules would result in a construction inconsistent with the manifest intent of Council:
"Shall" is mandatory and "may" is permissive.
The singular includes the plural, and the plural includes the singular. Words used in the masculine gender include the feminine and neuter. Words used in the past or present tense include the future.
The arrangement and classification of the Code have been made for the purpose of a convenient and orderly arrangement. No inference, implication or presumption of legislative construction shall be drawn because of the location of any provision, nor shall any outline, analysis, index or descriptive matter relating to the contents of the Code be given any legal effect.
Any word not specifically defined shall be construed according to its common usage unless the context or the manifest intent of Council clearly indicates otherwise.
Title, article, part, section and section subdivision names are part of this Administrative Code. However, reference to titles, articles, parts, sections or section subdivisions are not intended to be exclusive, or to exclude other titles, articles, parts, sections or section subdivisions which may be applicable.
Whenever a provision appears requiring the director of a department or division of the County to do something, it is to be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act unless the terms of the provision or section require otherwise.
Unless otherwise provided in the Code, and unless the context or the manifest intent of Council clearly indicates otherwise, terms, phrases, words and their derivations not defined in the Code shall have the meanings ascribed to them in Subchapter F of Chapter 19 (Rules of Construction) of the Statutory Construction Act of 1972, as amended, 1 Pa.C.S.A. § 1991.