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.[1]
[1]
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:
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.
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.
A budget in which the identified sources of funds equal the
proposed capital expenditures.
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.
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]
The Home Rule Charter of the County of Allegheny, Pennsylvania.[2]
The Chief Executive elected by the voters pursuant to the
Charter.
The Commonwealth of Pennsylvania.
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),[3] 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.
The County Council of the County of Allegheny County, Pennsylvania.
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.
The Chief Executive and the members of County Council.
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."
The office held by the Chief Executive and the members of
County Council.
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.
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.
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.
The Chief Executive and County Council acting pursuant to
their powers under the Charter.
Each office headed by an 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.
Those revenues derived from taxes levied by the governing
body of the County.[4]
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.
The rules and regulations established in and pursuant to
this Administrative Code governing employment of County employees.
An independent group of electors that is not a political
party but has filed proper nomination papers as required by law.
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.
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.
The County Government Review Commission established pursuant
to Article XIII, § 1.13-1305, of the Charter.
The offices headed by County Officials.
Members holding County Council seats that are not vacant.
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:
A.
"Shall" is mandatory and "may" is permissive.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
