[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:
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.
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.
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.
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;
(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.
