[1]
Editor's Note: For additional information regarding agenda initiatives and voter referenda, see Charter Art. XII.
As used in this chapter, the following terms shall have the meanings indicated:
AGENDA INITIATIVE
The presentation to County Council a petition with at least 500 signatures of registered voters in Allegheny County proposing an Ordinance for Council's consideration and vote within the next 60 days. The proposed Ordinance must be germane to County Government and limited to one subject clearly expressed in its title. Pursuant to Article XII, § 1.12-1201, of the Charter, an agenda referendum petition is defined to be the same as an agenda initiative petition.
VOTER REFERENDUM
The filing with the applicable election officials on or before the 13th Tuesday prior to the next primary or general election a petition containing a proposed ordinance for referendum signed by registered voters comprising at least 5% of the number of registered voters in the County voting for the Office of Governor in the most recent gubernatorial general election. The applicable election official shall place the proposal on the ballot for decision by referendum at said election.
A. 
Agenda initiative. Pursuant to the Article XII, § 1.12-1201, of the Charter,[1] registered voters of the County shall have the power to propose ordinances by petition for consideration by County Council.
[1]
Editor's Note: The Charter is included at the beginning of this volume.
B. 
Voter referendum.
[Amended 7-15-2008 by Ord. No. 23-08]
(1) 
Pursuant to Article XII, § 1.12-1202, of the Charter, the registered voters of the County shall have the power to propose ordinances by petition for consideration by the registered voters of the County.
(2) 
In addition to the authority recognized in Subsection B(1) above, the County shall also have the power to propose ordinances for consideration by the registered voters of the County. Any such referendum shall be initiated by ordinance in accordance with Article 311 of this Administrative Code.
C. 
Restrictions on agenda initiative and voter referendum power.
(1) 
Each proposed Ordinance shall be germane to County Government and limited to one subject which shall be clearly expressed in its title.
(2) 
Every referendum question must be binding. Nonbinding referendum questions are expressly prohibited.
(3) 
As the powers of the are determined by applicable law, the following areas cannot be the subjects of agenda initiative or of voter referendum:
(a) 
The filing and collection of municipal tax claims or liens and the sale of real or personal property in satisfaction thereof;
(b) 
The procedures for exercising powers of eminent domain and the assessment of damages and benefits for property taken, injured or destroyed;
(c) 
Boundary changes;
(d) 
Regulation of public schools;
(e) 
Registration of electors and conduct of elections;
(f) 
The fixing of the subjects of taxation;
(g) 
The fixing of the rates of non-property or personal taxes levied upon non-residents;
(h) 
The assessment of real or personal property and persons for taxation purposes;
(i) 
Defining or providing for the punishment of any felony or misdemeanor;
(j) 
Municipal planning under the Pennsylvania Municipalities Planning Code;[2] and
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(k) 
Property tax rate limits.
[1] 
Property tax rate limits established for the County as of May 20, 1997; and
[2] 
The Hotel Room Rental Tax (16 P.S. § 4970.2 et seq. and 16 P.S. § 3000.3061) and the optional Sale and Use Tax (16 P.S. § 6101 B. et seq.).
(4) 
A voter referendum which proposes an amendment to the Charter must follow the procedure as set forth in the Home Rule Charter and Optional Plans Law (Act 62) (53 PA. C.S.A. § 2901 et seq.).
(5) 
The County is further prohibited by applicable law from:
(a) 
Engaging in any proprietary or private business except as authorized by statute;
(b) 
Exercising powers contrary to, in limitation or enlargement of, powers granted by statutes which are applicable in every part of this Commonwealth;
(c) 
Diminishing the rights or privileges of any former municipal employee entitled to benefits or any present municipal employee in his pension or retirement system;
(d) 
Enacting or promulgating any Ordinance or regulation with respect to definitions, sanitation, safety, health, standards or identity or labeling pertaining to the manufacture, processing, storage, distribution and sale of any foods, goods or services subject to any Commonwealth statutes and regulations unless the municipal Ordinance or regulation is uniform in all respects with the Commonwealth statutes and regulations thereunder;
(e) 
Enacting any provision inconsistent with any statute enacted prior to April 13, 1972, affecting the rights, benefits, or working conditions of any employee of a political subdivision of this Commonwealth;
(f) 
Determining duties, responsibilities or requirements placed upon businesses, occupations and employers, including the duty to withhold, remit or report taxes or penalties levied or imposed upon them or upon persons in their employment, except as expressly provided by statutes which are applicable throughout the Commonwealth, or to all municipalities;
(g) 
Enacting any ordinance or taking any other action dealing with the regulation or the transfer, ownership, transportation or possession of firearms; and
(h) 
Retroactivity increasing any fee or change for any municipal service that has been provided.
A. 
Agenda initiative. Any voter registered in Allegheny County may obtain the appropriate Agenda Initiative Petition and any other required forms from the County Council Clerk. An Agenda Initiative procedure shall be initiated upon presentation to the County Council Clerk of an Agenda Initiative Petition signed by at least 500 registered voters of Allegheny County proposing an Ordinance for consideration and vote by County Council. No Agenda Initiative Petition may be signed or circulated before the 21st day prior to filing the petition with the County Council Clerk.
B. 
Voter referendum. Any resident of Allegheny County may obtain the appropriate Voter Referendum Petition blanks and any other required forms from the Division of Elections. A Voter Referendum procedure shall be initiated upon presentation to the Division of Elections a petition containing a proposed Ordinance for referendum signed by registered voters comprising at least 5% of the number of registered voters in the County voting for the Office of Governor in the most recent gubernatorial general election no later than the 13th Tuesday before the primary or general election. No Voter Referendum Petition may be signed or circulated prior to the 20th Tuesday neither before the election nor later than the 13th Tuesday before the election.
A. 
Form and content.
(1) 
All papers of an Agenda Initiative Petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink and shall be followed by the printed name and place of residence (house number, street or road, and municipality) of the signor and date of signing. Every Agenda Initiative Petition shall contain or have attached thereto throughout its circulation the full text of the proposed ordinance. Upon tender to the County Council Clerk, the petition shall be available for examination by any interested person.
(2) 
The proposed ordinance shall be germane to County government and limited to one subject that shall be clearly expressed in its title. The subject of the proposed ordinance shall be one that is permitted under Article XIII, § 1.13-1303, of the Charter.
(3) 
The proposed ordinance shall be drafted by the petitioner(s) in the format established by the County Council for the proposal of ordinances.
B. 
Affidavit of circulator. Signatures on an Agenda Initiative Petition may be on separate sheets but each sheet shall have appended to it the affidavit of a qualified elector, not necessarily a signor of the petition, that to the best of the affiant's knowledge and belief, those persons whose signatures appear on the sheet are registered voters of the County, that they signed with full knowledge of the contents of the petition and their residences and dates of signing are correctly given.
C. 
Number of signatures. Pursuant to Article XII, § 1.12-1201, of the Charter, an Agenda Initiative petition must be signed by at least 500 registered voters of the County.
D. 
Time for filing petitions. No signature shall be counted as valid if it is dated more than 21 days prior to the date the petition is tendered to the County Council Clerk.
E. 
Limitations on agenda initiative. Agenda Initiative Petitions proposing substantially similar ordinances cannot be considered more than once by County Council in a twelve-month period. The twelve-month period begins from the date of the last councilmatic action on the previous Agenda Initiative.
A. 
Form and content.
(1) 
All papers of a Voter Referendum Petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink and shall be followed by the printed name and place of residence (house number, street or road, and municipality) of the signor and date of signing. Every Voter Referendum petition shall contain or have attached thereto throughout its circulation the full text of the proposed ordinance. Upon tender to the Board of Elections of Allegheny County, the petition shall be available for examination by any interested person.
(2) 
The proposed ordinance shall be germane to County government and limited to one subject that shall be clearly expressed in its title. The subject of the proposed Ordinance shall be one that is permitted under Article XIII, § 1.13-1303, of the Charter.
(3) 
The proposed ordinance shall be drafted by the petitioner(s) in the format established by the County Council for the proposal of ordinances.
(4) 
Every referendum question must be binding. A nonbinding referendum question is expressly prohibited.
B. 
Affidavit of circulator. Signatures on a Voter Referendum Petition may be on a separate sheet but each sheet shall have appended to it the affidavit of a qualified elector, not necessarily a signor of the petition, that to the best of the affiant's knowledge and belief those persons whose signatures appear on the sheet are registered voters of the County, and they signed with full knowledge of the contents of the petition and their residences and dates of signing are correctly given.
C. 
Number of signatures. Pursuant to Article XII, § 1.12-1202, of the Charter, a Voter Referendum petition must be signed by registered voters of the County comprising at least 5% of the number of registered voters in the County voting for the Office of Governor in the most recent gubernatorial general election.
D. 
Time for filing, time limits for collecting signatures. No Voter Referendum petition may be signed or circulated prior to the 20th Tuesday neither before the election nor later than the 13th Tuesday before the election.
A. 
Tendering of petition for filing. Upon tender of an Agenda Initiative Petition to the County Council Clerk, the Clerk shall complete a notice of filing. The notice of filing shall indicate the name and mailing address of the person filing the petition, a brief description of the petition instrument including the proposed ordinance, signature and printed name of the person filing the petition, the signature and printed name of the receiving clerk, and the date and time of filing as indicated by a date/time stamp.
B. 
Notice of filing. A copy of the notice of filing shall be distributed to the person filing the petition, the offices of the County Council President, the Chief Executive, the County Manager, the County Solicitor and the Division of Elections within one business day of the receipt of the petition by the County Council Clerk.
C. 
Review for facial completeness. Upon receipt of the Agenda Initiative Petition, the County Council Clerk shall complete the review of the facial completeness of the petition within 10 business days of receipt.
D. 
Transmittal of petition to county solicitor for legal review. Upon receipt of the Agenda Initiative Petition, the County Council Clerk shall transmit the petition to the County Solicitor for legal review of the instrument. The County Solicitor shall complete his review of the petition and report the result of his review to the County Council Clerk within 10 Business Days of receipt.
A. 
Tendering of petition for filing. Upon tender of a Voter Referendum petition for filing to the County Board of Elections, Division of Elections personnel shall complete a notice of filing. The notice of filing shall indicate the name and mailing address of the person filing the petition, a brief description of the petition instrument including the proposed Ordinance, the signature and printed name of the receiving clerk and the date and time of filing as indicated by a date/time stamp.
B. 
Notice of filing. A copy of the notice of filing shall be distributed to the person filing the petition, the offices of the County Council President, the Chief Executive, the County Manager, the County Solicitor and the Division of Elections within one Business Day of the receipt of the petition by the County Council Clerk.
C. 
Facial completeness of petition instrument. Upon receipt of the Voter Referendum Petition, the Division of Elections shall commence its review of the facial completeness of the instrument. The Division of Elections shall complete its review of the petition and report the results of its review to the Board of Elections within 10 business days of receipt.
D. 
Transmittal of petition to County Solicitor for legal review. Upon receipt of the Voter Referendum Petition, the Division of Elections shall transmit the petition to the County Solicitor for legal review of the instrument. The County Solicitor shall complete its review of the petition and report the result of its review to the Board of Elections within 10 business days of receipt.
A. 
Statement of certification. Within five days of concluding the facial completeness review and receiving the results of the legal review from the County Solicitor, the County Council Clerk shall issue a statement of certification to the person filing the petition. The statement of certification shall be distributed to the person filing the petition, the County Council President, the County Chief Executive, the County Manager, the County Solicitor and the Division of Elections.
B. 
Petition certified sufficient. An Agenda Initiative Petition shall be certified sufficient if it meets all requirements for both facial completeness and legal review.
C. 
Petition certified insufficient. An Agenda Initiative Petition shall be certified insufficient if it does not meet any of the requirements for either facial completeness or legal review. In this case, said petition shall be returned to the person filing the petition.
D. 
Appeal of petition certified as insufficient. The decision of the County Council Clerk shall be subject to appeal to the Court of Common Pleas within seven days of the date of the statement of certification.
E. 
Challenges to agenda initiative petitions certified as sufficient. The decision of the County Council Clerk shall be subject to appeal to the Court of Common Pleas within seven days of the date of the statement of certification.
A. 
Statement of certification. Within five days of concluding the facial completeness review and receiving the results of the legal review from the County Solicitor, the Board of Elections shall issue a statement of certification to the person filing the petition. The statement of certification shall be distributed to the person filing the petition, the County Council President, the County Chief Executive, the County Manager, the County Solicitor and the Division of Elections.
B. 
Petition certified sufficient. A Voter Referendum Petition shall be certified sufficient if it meets all requirements for both facial completeness and legal review.
C. 
Petition certified insufficient. A Voter Referendum Petition shall be certified insufficient if it does not meet any of the requirements for either facial completeness or legal review. In this case, said petition shall be returned to the person filing the petition.
D. 
Appeal of petition certified as insufficient. The decision of the County Board of Elections shall be subject to appeal to the Court of Common Pleas within seven days of the date of the statement of certification.
E. 
Challenge to voter referendum petitions. Pursuant to 25 P.S. § 2937, Voter Referendum Petitions certified sufficient shall be deemed to be valid, unless, within seven days after the statement of certification by the Board of Elections concerning the Voter Referendum Petition, a petition is presented to the Court of Common Pleas specifically setting forth the objection thereto, and asking that the said Voter Referendum Petition be set aside. A copy of said petition shall, within said period, be served on the authorized representative of the Board of Elections with whom said petition was filed. Upon presentation of such petition, the Court shall follow the procedure set forth in 25 P.S. § 2937 regarding objections to petitions insofar as they may be applicable.
A. 
Action by Council. No later than the 60th day from the date that the Agenda Initiative Petition has been certified as sufficient by the County Council Clerk, the County Council shall consider the ordinance being proposed by advertising the title and summary of the proposed ordinance in the manner provided in § 311.04 of this Administrative Code. The advertisement shall indicate that the proposed ordinance has been proposed through an Agenda Initiative.
A. 
Process for putting the referendum questions on the ballot. Following the certification of the Voter Referendum as sufficient, the Board of Elections shall cause the referendum to be placed on the ballot.
B. 
Responsibility for framing the ballot question. The Division of Elections shall frame the ballot question consistent with the provisions of the Election Code.
C. 
Responsibility for writing the explanation. The Elections Division, with the assistance of the Law Department, shall write the explanation of the ballot question consistent with the provisions of the Election Code.
D. 
Ordinances passed by referendum cannot be vetoed. If a majority of the qualified registered voters voting on a referendum vote in its favor, it shall be considered adopted upon certification of the election results and shall become effective in accordance with its terms. Pursuant to Article XII, § 1.12-1202, of the Charter, any ordinance that has been approved by referendum shall not be subject to veto and shall not be amended or repealed by County Council for two years following its approval.