HOUSE AMENDED
PRIOR PRINTER'S NOS. 397, 1471, 1515 PRINTER'S NO. 1522
No. 382 Session of 1997
INTRODUCED BY TILGHMAN, FEBRUARY 6, 1997
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 8, 1997
AN ACT
1 Amending the act of July 28, 1953 (P.L.723, No.230), entitled,
2 as amended, "An act relating to counties of the second class
3 and second class A; amending, revising, consolidating and
4 changing the laws relating thereto," PROVIDING FOR THE <--
5 APPOINTMENT AND PROMOTION OF EMPLOYEES IN THE OFFICE OF
6 SHERIFF IN COUNTIES OF THE SECOND CLASS; PROHIBITING CERTAIN
7 POLITICAL ACTIVITY BY EMPLOYEES OF THE SHERIFF'S OFFICE IN
8 COUNTIES OF THE SECOND CLASS; FURTHER PROVIDING FOR
9 DEFINITIONS AND FOR PAYMENT TO RETIREMENT FUND; PROVIDING FOR <--
10 RETIREMENT ELIGIBILITY AND, FOR ALLOWANCE AND FOR ALTERNATE <--
11 CONTRACT PROCEDURE FOR ADAPTIVE REUSE OF JAIL FACILITIES;
12 providing counties of the second class A with the power to
13 make grants to townships, boroughs and nonprofit
14 organizations for parks, recreation areas, open space
15 projects and such other outdoor projects and for historic and
16 museum projects; AND MAKING A REPEAL. <--
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 2199.12 of the act of July 28, 1953 <--
20 (P.L.723, No.230), known as the Second Class County Code, is
21 amended to read:
22 SECTION 1. SECTION 1710(A), (B) AND (H) OF THE ACT OF JULY <--
23 28, 1953 (P.L.723, NO.230), KNOWN AS THE SECOND CLASS COUNTY
1 CODE, AMENDED FEBRUARY 9, 1984 (P.L.12, NO.6), MAY 9, 1984
2 (P.L.261, NO.61) AND DECEMBER 4, 1992 (P.L.776, NO.121), ARE
3 AMENDED TO READ:
4 SECTION 1. THE ACT OF JULY 28, 1953 (P.L.723, NO.230), KNOWN <--
5 AS THE SECOND CLASS COUNTY CODE, IS AMENDED BY ADDING SECTIONS
6 TO READ:
7 SECTION 1216. SHERIFF'S EMPLOYES, COUNTIES OF SECOND
8 CLASS.--(A) APPOINTMENT AND PROMOTION OF DEPUTIES AND OTHER
9 EMPLOYES IN THE OFFICE OF SHERIFF OF A COUNTY OF THE SECOND
10 CLASS SHALL BE MADE IN THE MANNER PROVIDED BY THE ACT OF MAY 31,
11 1974 (P.L.296, NO.94), ENTITLED "AN ACT PROVIDING FOR THE
12 APPOINTMENT, PROMOTION, REDUCTION IN RANK, SUSPENSION, FURLOUGH,
13 DISCHARGE AND REINSTATEMENT OF DEPUTY SHERIFFS IN COUNTIES OF
14 THE SECOND CLASS; EXTENDING CIVIL SERVICE COVERAGE TO SUCH
15 DEPUTIES; AND PROVIDING PENALTIES," EXCEPT AS OTHERWISE PROVIDED
16 IN THIS SECTION.
17 (B) WHENEVER A VACANCY IS LIKELY TO OCCUR OR IS TO BE FILLED
18 IN A PERMANENT POSITION IN THE OFFICE OF SHERIFF, THE SHERIFF
19 SHALL SUBMIT TO THE CIVIL SERVICE COMMISSION A STATEMENT
20 INDICATING THE POSITION TO BE FILLED. THE CIVIL SERVICE
21 COMMISSION SHALL THEREUPON CERTIFY TO THE SHERIFF THE NAMES OF
22 THE THREE ELIGIBLES WILLING TO ACCEPT APPOINTMENT WHO ARE
23 HIGHEST, ACCORDING TO THE RESULTS OF THE WRITTEN EXAMINATION, ON
24 THE APPROPRIATE PROMOTION LIST OR EMPLOYMENT LIST, WHICHEVER IS
25 IN EXISTENCE. IF THERE ARE LESS THAN THREE ELIGIBLES ON
26 APPROPRIATE ELIGIBLE LISTS WHO ARE WILLING TO ACCEPT
27 APPOINTMENT, THE CIVIL SERVICE COMMISSION SHALL CERTIFY ALL THE
28 NAMES ON THESE LISTS. IF UPON INQUIRY BY THE CIVIL SERVICE
29 COMMISSION, ANY PERSON ON ANY PROMOTION OR EMPLOYMENT LIST IS
30 FOUND TO BE NOT AVAILABLE FOR PROMOTION OR APPOINTMENT, THE
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1 PERSON'S NAME SHALL NOT FOR THE TIME BEING BE CONSIDERED AMONG
2 THE NAMES FROM WHICH A PROMOTION OR APPOINTMENT IS TO BE MADE.
3 (C) APPOINTEES SHALL BE SELECTED FOR EACH EXISTING VACANCY
4 FROM THE ELIGIBLE LIST IN THE ORDER OF NAMES OF THE THREE
5 PERSONS THEREON WHO HAVE RECEIVED THE HIGHEST AVERAGE ON THE
6 WRITTEN EXAMINATION. EXAMINATIONS SHALL BE ADMINISTERED FOR
7 POSITIONS OF THE RANK OF CAPTAIN AND BELOW AND APPOINTMENTS
8 SHALL BE MADE IN THE ORDER OF NAMES OF THE THREE PERSONS WHO
9 HAVE RECEIVED THE HIGHEST AVERAGE.
10 (D) CIVIL SERVICE EXAMINATIONS TO TEST APPLICANTS SHALL
11 RELATE TO SUCH MATTERS AND INCLUDE SUCH INQUIRIES AS WILL FAIRLY
12 TEST THE MERITS AND FITNESS OF THE PERSONS EXAMINED TO DISCHARGE
13 THE DUTIES OF EMPLOYMENT.
14 (E) PROBATIONARY APPOINTMENTS TO POSITIONS IN THE FORCE MAY,
15 NOTWITHSTANDING SECTION 6 OF THE ACT OF MAY 31, 1974 (P.L.296,
16 NO.94), BE TERMINATED, FOR CAUSE, PRIOR TO COMPLETION OF THE
17 NINE-MONTH PROBATIONARY PERIOD.
18 (F) NOTWITHSTANDING THE PROVISIONS OF SECTION 1(C) OF THE
19 ACT OF MAY 31, 1974 (P.L.296, NO.94), ALL POSITIONS OF THE RANK
20 OF CAPTAIN AND BELOW SHALL BE CLASSIFIED AS COMPETITIVE. PERSONS
21 HOLDING POSITIONS OF CAPTAIN OR BELOW ON THE EFFECTIVE DATE OF
22 THIS SECTION SHALL CONTINUE TO OCCUPY THOSE POSITIONS. NEW
23 OPENINGS FOR A VACANCY IN THE POSITION OF CAPTAIN AND BELOW
24 SHALL BE CLASSIFIED AS COMPETITIVE ON AND AFTER THE EFFECTIVE
25 DATE OF THIS SECTION.
26 (G) IN NO CASE SHALL AN APPLICANT FOR PROMOTION IN THE
27 SHERIFF'S OFFICE BE CONSIDERED UNTIL THE APPLICANT SHALL HAVE
28 FIRST SERVED THREE YEARS IN THE SHERIFF'S DEPARTMENT. NO MEMBER
29 OF THE SHERIFF'S OFFICE SHALL BE ELIGIBLE TO TAKE ANY
30 PROMOTIONAL EXAMINATION UNTIL AFTER SERVING THREE YEARS IN THE
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1 SHERIFF'S OFFICE. EACH MEMBER OF THE SHERIFF'S DEPARTMENT SHALL
2 HAVE HIS EXAMINATION MARK OR GRADE INCREASED BY AN ADDITIONAL
3 ONE-HALF POINT FOR EACH YEAR HE SERVED IN THE SHERIFF'S
4 DEPARTMENT, BUT SUCH ADDITIONAL POINTS SHALL NOT EXCEED TEN
5 POINTS.
6 (H) ALL APPLICANTS FOR EXAMINATION SHALL UNDERGO A PHYSICAL
7 EXAMINATION, WHICH SHALL BE CONDUCTED UNDER THE SUPERVISION OF A
8 DOCTOR OF MEDICINE. NO PERSON SHALL BE ELIGIBLE FOR APPOINTMENT
9 UNTIL A DOCTOR CERTIFIES TO THE COMMISSION THAT THE APPLICANT IS
10 FREE FROM ANY BODILY OR MENTAL DEFECTS, DEFORMITY OR DISEASE
11 THAT MIGHT INCAPACITATE HIM OR HER FROM THE DISCHARGE OF THE
12 DUTIES OF THE POSITION DESIRED IN THE SHERIFF'S DEPARTMENT.
13 SECTION 1217. POLITICAL ACTIVITY BY SHERIFF'S EMPLOYES IN
14 COUNTIES OF THE SECOND CLASS.--(A) NO EMPLOYE SHALL USE HIS
15 OFFICIAL AUTHORITY OR INFLUENCE FOR THE PURPOSE OF INTERFERING
16 WITH OR AFFECTING THE RESULT OF AN ELECTION.
17 (B) NO EMPLOYE SHALL TAKE AN ACTIVE PART IN POLITICAL
18 MANAGEMENT OR IN A POLITICAL CAMPAIGN. ACTIVITIES PROHIBITED BY
19 THIS SUBSECTION INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING
20 ACTIVITIES:
21 (1) SERVING AS AN OFFICER OF A POLITICAL PARTY, A MEMBER OF
22 A NATIONAL, STATE OR LOCAL COMMITTEE OF A POLITICAL PARTY OR AN
23 OFFICER OR MEMBER OF A COMMITTEE OF A PARTISAN POLITICAL CLUB,
24 OR BEING A CANDIDATE FOR ANY OF THESE POSITIONS.
25 (2) ORGANIZING OR REORGANIZING A POLITICAL PARTY
26 ORGANIZATION OR POLITICAL CLUB.
27 (3) DIRECTLY OR INDIRECTLY SOLICITING, RECEIVING,
28 COLLECTING, HANDLING, DISBURSING OR ACCOUNTING FOR ASSESSMENTS,
29 CONTRIBUTIONS OR OTHER FUNDS FOR A PARTISAN POLITICAL PURPOSE.
30 (4) ORGANIZING, SELLING TICKETS TO, PROMOTING OR ACTIVELY
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1 PARTICIPATING IN A FUND-RAISING ACTIVITY OF A CANDIDATE IN A
2 PARTISAN ELECTION OR OF A POLITICAL PARTY, OR POLITICAL CLUB.
3 (5) TAKING AN ACTIVE PART IN MANAGING THE POLITICAL CAMPAIGN
4 OF A CANDIDATE FOR PUBLIC OFFICE IN A PARTISAN ELECTION OR A
5 CANDIDATE FOR POLITICAL PARTY OFFICE.
6 (6) BECOMING A CANDIDATE FOR, OR CAMPAIGNING FOR, AN
7 ELECTIVE PUBLIC OFFICE IN A PARTISAN ELECTION.
8 (7) SOLICITING VOTES IN SUPPORT OF OR IN OPPOSITION TO A
9 CANDIDATE FOR PUBLIC OFFICE IN A PARTISAN ELECTION OR A
10 CANDIDATE FOR POLITICAL PARTY OFFICE.
11 (8) ACTING AS RECORDER, WATCHER, CHALLENGER OR SIMILAR
12 OFFICER AT THE POLLS ON BEHALF OF A POLITICAL PARTY OR A
13 CANDIDATE IN A PARTISAN ELECTION.
14 (9) DRIVING VOTERS TO THE POLLS ON BEHALF OF A POLITICAL
15 PARTY OR A CANDIDATE IN A PARTISAN ELECTION.
16 (10) ENDORSING OR OPPOSING A CANDIDATE FOR PUBLIC OFFICE IN
17 A PARTISAN ELECTION OR A CANDIDATE FOR POLITICAL PARTY OFFICE IN
18 A POLITICAL ADVERTISEMENT, A BROADCAST, CAMPAIGN, LITERATURE OR
19 SIMILAR MATERIAL.
20 (11) SERVING AS A DELEGATE, ALTERNATE OR PROXY TO A
21 POLITICAL PARTY CONVENTION.
22 (12) ADDRESSING A CONVENTION, CAUCUS, RALLY OR SIMILAR
23 GATHERING OF A POLITICAL PARTY IN SUPPORT OF OR IN OPPOSITION TO
24 A PARTISAN CANDIDATE FOR PUBLIC OFFICE OR POLITICAL PARTY
25 OFFICE.
26 (13) INITIATING OR CIRCULATING A PARTISAN NOMINATING
27 PETITION.
28 (14) SOLICITING, PAYING, COLLECTING OR RECEIVING A
29 CONTRIBUTION AT OR IN THE WORKPLACE FROM ANY EMPLOYE FOR ANY
30 POLITICAL PARTY, POLITICAL FUND OR OTHER PARTISAN RECIPIENT.
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1 (15) PAYING A CONTRIBUTION AT OR IN THE WORKPLACE TO ANY
2 EMPLOYE WHO IS THE EMPLOYING AUTHORITY OF THE PERSON MAKING THE
3 CONTRIBUTION FOR ANY POLITICAL PARTY, POLITICAL FUND OR OTHER
4 PARTISAN RECIPIENT.
5 (C) AN EMPLOYE OR INDIVIDUAL TO WHOM SUBSECTION (A) OR (B)
6 APPLIES RETAINS THE RIGHT TO VOTE AND TO EXPRESS AN OPINION ON
7 POLITICAL SUBJECTS AND CANDIDATES, AND MAY ENGAGE IN THE
8 FOLLOWING ACTIVITIES:
9 (1) REGISTER AND VOTE IN ANY ELECTION.
10 (2) EXPRESS AN OPINION AS AN INDIVIDUAL PRIVATELY AND
11 PUBLICLY ON POLITICAL SUBJECTS AND CANDIDATES.
12 (3) DISPLAY A POLITICAL PICTURE, STICKER, BADGE OR BUTTON
13 WHEN NOT ON DUTY AND AT LOCATIONS OTHER THAN THE WORKPLACE.
14 (4) PARTICIPATE IN THE NONPARTISAN ACTIVITIES OF A CIVIC,
15 COMMUNITY, SOCIAL, LABOR OR PROFESSIONAL ORGANIZATION, OR OF A
16 SIMILAR ORGANIZATION.
17 (5) BE A MEMBER OF A POLITICAL PARTY OR OTHER POLITICAL
18 ORGANIZATION OR CLUB AND PARTICIPATE IN ITS ACTIVITIES TO THE
19 EXTENT CONSISTENT WITH THIS SECTION.
20 (6) ATTEND A POLITICAL CONVENTION, RALLY, FUND-RAISING
21 FUNCTION OR OTHER POLITICAL GATHERING.
22 (7) SIGN A POLITICAL PETITION AS AN INDIVIDUAL.
23 (8) MAKE A FINANCIAL CONTRIBUTION TO A POLITICAL PARTY OR
24 ORGANIZATION.
25 (9) BE POLITICALLY ACTIVE IN CONNECTION WITH A QUESTION
26 WHICH IS NOT SPECIFICALLY IDENTIFIED WITH A POLITICAL PARTY,
27 SUCH AS A CONSTITUTIONAL AMENDMENT, REFERENDUM, APPROVAL OF A
28 MUNICIPAL ORDINANCE OR ANY OTHER QUESTION OR ISSUE OF A SIMILAR
29 CHARACTER.
30 (10) OTHERWISE PARTICIPATE FULLY IN PUBLIC AFFAIRS, EXCEPT
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1 AS PROHIBITED BY LAW, IN A MANNER WHICH DOES NOT MATERIALLY
2 COMPROMISE EFFICIENCY OR INTEGRITY AS AN EMPLOYE OR THE
3 NEUTRALITY, EFFICIENCY OR INTEGRITY OF THE SHERIFF'S OFFICE.
4 (D) NOTWITHSTANDING ANYTHING IN THIS SECTION OR ANY OTHER
5 ACT TO THE CONTRARY, NO PERSON SHALL BE DEEMED INELIGIBLE FOR
6 THE OFFICE OF SCHOOL DIRECTOR SOLELY ON THE BASIS THAT SUCH
7 PERSON'S POLITICAL ACTIVITIES ARE OTHERWISE RESTRICTED UNDER
8 THIS SECTION.
9 (E) SUBSECTION (C) DOES NOT AUTHORIZE AN EMPLOYE TO ENGAGE
10 IN POLITICAL ACTIVITY WHILE ON DUTY OR WHILE IN A UNIFORM THAT
11 IDENTIFIES HIM AS AN EMPLOYE. THE SHERIFF OF A COUNTY OF THE
12 SECOND CLASS MAY PROHIBIT OR LIMIT THE PARTICIPATION OF AN
13 EMPLOYE OR CLASS OF EMPLOYES OF THE SHERIFF'S OFFICE IN AN
14 ACTIVITY PERMITTED BY SUBSECTION (C), IF PARTICIPATION IN THE
15 ACTIVITY WOULD INTERFERE WITH THE EFFICIENT PERFORMANCE OF
16 OFFICIAL DUTIES OR CREATE A CONFLICT OR APPARENT CONFLICT OF
17 INTERESTS.
18 (F) AN EMPLOYE WHO VIOLATES THIS SECTION SHALL BE REMOVED
19 FROM EMPLOYMENT AND FUNDS APPROPRIATED FOR THE POSITION FROM
20 WHICH REMOVED THEREAFTER MAY NOT BE USED TO PAY THE EMPLOYE OR
21 INDIVIDUAL: PROVIDED, THAT, THE CIVIL SERVICE COMMISSION CREATED
22 UNDER SECTION 1503 OF THIS ACT AT ITS DISCRETION MAY IMPOSE A
23 PENALTY OF SUSPENSION WITHOUT PAY FOR AT LEAST THIRTY (30) DAYS,
24 BUT NOT MORE THAN ONE HUNDRED TWENTY (120) DAYS, IF IT FINDS
25 THAT THE VIOLATION DOES NOT WARRANT TERMINATION.
26 (G) AN EMPLOYE WHO IS CURRENTLY AN OFFICER IN A POLITICAL
27 PARTY OR WHO HOLDS A POLITICAL OFFICE ON THE EFFECTIVE DATE OF
28 THIS SECTION MAY FULFILL THE REMAINDER OF HIS TERM. UPON
29 COMPLETION OF THE TERM, THE PROVISIONS OF THIS SECTION SHALL
30 APPLY.
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1 (H) THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS
2 SECTION SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES
3 OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
4 "CONTRIBUTION" MEANS ANY GIFT, SUBSCRIPTION, LOAN, ADVANCE,
5 DEPOSIT OF MONEY, ALLOTMENT OF MONEY OR ANYTHING OF VALUE GIVEN
6 OR TRANSFERRED BY ONE PERSON TO ANOTHER, INCLUDING IN CASH, BY
7 CHECK, BY DRAFT, THROUGH A PAYROLL DEDUCTION OR ALLOTMENT PLAN,
8 OR BY PLEDGE OR PROMISE, WHETHER OR NOT ENFORCEABLE, OR
9 OTHERWISE.
10 "ELECTION" MEANS A PRIMARY, MUNICIPAL, SPECIAL AND GENERAL
11 ELECTION.
12 "EMPLOYE" MEANS A PERSON EMPLOYED IN THE OFFICE OF SHERIFF OF
13 A COUNTY OF THE SECOND CLASS. THE TERM INCLUDES MANAGEMENT
14 EMPLOYES, DEPUTY SHERIFFS AND CLERICAL EMPLOYES. THE TERM DOES
15 NOT INCLUDE A SHERIFF OF A COUNTY OF THE SECOND CLASS.
16 "EMPLOYING AUTHORITY" MEANS AN EMPLOYE'S SUPERVISOR.
17 "PARTISAN" WHEN USED AS AN ADJECTIVE REFERS TO A POLITICAL
18 PARTY.
19 "POLITICAL FUND" MEANS ANY FUND, ORGANIZATION, POLITICAL
20 ACTION COMMITTEE OR OTHER ENTITY THAT, FOR PURPOSES OF
21 INFLUENCING IN ANY WAY THE OUTCOME OF ANY PARTISAN ELECTION,
22 RECEIVES OR EXPENDS MONEY OR ANYTHING OF VALUE OR TRANSFERS
23 MONEY OR ANYTHING OF VALUE TO ANY OTHER FUND, POLITICAL PARTY,
24 CANDIDATE, ORGANIZATION, POLITICAL ACTION COMMITTEE OR ANY OTHER
25 ENTITY.
26 SECTION 2. THE DEFINITION OF "COUNTY EMPLOYE" IN SECTION
27 1701 OF THE ACT, AMENDED JULY 6, 1984 (P.L.638, NO.131), IS
28 AMENDED TO READ:
29 SECTION 1701. DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES
30 AS USED IN THIS ARTICLE SHALL BE CONSTRUED TO HAVE THE FOLLOWING
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1 MEANING:
2 * * *
3 "COUNTY EMPLOYE," ANY PERSON EMPLOYED BY THE COUNTY,
4 INCLUDING ALL ELECTED OR APPOINTED COUNTY OFFICERS, AND
5 AGRICULTURAL EXTENSION ASSOCIATION, COUNTY INSTITUTIONS
6 DISTRICT, COUNTY PRISON, ANY COUNTY CORRECTIONAL INSTITUTION,
7 LAW LIBRARY AND COUNTY RETIREMENT BOARD, EMPLOYES WHOSE
8 COMPENSATION IS PAID OUT OF COUNTY FUNDS, AND ANY PERSON
9 EMPLOYED BY AN AUTHORITY FORMED AFTER JANUARY 1, 1998, OR ANY
10 SUCH OTHER SECOND CLASS COUNTY ENTITY WHEN APPROVED BY THE BOARD
11 AND THE COUNTY COMMISSIONERS AND WHOSE COMPENSATION IS PAID BY
12 AN AUTHORITY OR SUCH OTHER ENTITY, EXCEPT EMPLOYES EMPLOYED BY
13 ANY BOARD OF TRUSTEES OF A COMMUNITY COLLEGE OF WHICH THE COUNTY
14 IS A LOCAL SPONSOR PURSUANT TO THE ACT OF AUGUST 24, 1963
15 (P.L.1132, NO.484), KNOWN AS THE "COMMUNITY COLLEGE ACT OF
16 1963," AS AMENDED, COUNTY INSTITUTION DISTRICT FUNDS OR COUNTY
17 RETIREMENT SYSTEM FUNDS OR ANY DEPARTMENT CREATED BY THE OFFICE
18 OF THE COUNTY COMMISSIONERS, AND ANY PERSON RECEIVING
19 COMPENSATION FOR ACCIDENTAL INJURIES IN ACCORDANCE WITH THE
20 PROVISIONS OF THE PENNSYLVANIA WORKMEN'S COMPENSATION ACT:
21 PROVIDED, THAT THE INJURED COUNTY EMPLOYE DURING THE PERIOD OF
22 HIS OR HER DISABILITY SHALL PAY EACH MONTH A SUM EQUAL TO THE
23 LAST MONTHLY CONTRIBUTION PAID INTO THE RETIREMENT FUND WHEN
24 SAID COUNTY EMPLOYE WAS IN EMPLOYMENT AND SHALL NOT INCLUDE ANY
25 PARTICIPANT IN ON-THE-JOB TRAINING, WORK EXPERIENCE OR PUBLIC
26 SERVICE EMPLOYMENT WHOSE EMPLOYMENT WITH THE COUNTY IS FUNDED IN
27 WHOLE OR IN PART BY THE FEDERAL "COMPREHENSIVE EMPLOYMENT AND
28 TRAINING ACT," AS AMENDED, UNLESS THE RETIREMENT BOARD HAS
29 PROVIDED FOR THE MEMBERSHIP OF SUCH PARTICIPANTS IN ACCORDANCE
30 WITH THE PROVISIONS OF SECTION 1710.1. IT SHALL NOT INCLUDE ANY
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1 TIME SPENT BY A COUNTY EMPLOYE ON FURLOUGH OR LEAVE OF ABSENCE
2 WITHOUT COMPENSATION, A PERSON REEMPLOYED AS A COUNTY EMPLOYE
3 SUBSEQUENT TO THE THIRTY-FIRST DAY OF MAY, ONE THOUSAND NINE
4 HUNDRED FIFTY-THREE, IN ACCORDANCE WITH THE PROVISIONS OF
5 SUBSECTION (C) OF SECTION 1712, EXCEPT SUCH COUNTY EMPLOYES WHO
6 MAY BE IN ACTIVE MILITARY SERVICE IN ACCORDANCE WITH THE
7 PROVISIONS OF SUBSECTION (D) OF SECTION 1710 AND FORMER COUNTY
8 EMPLOYES WHOSE MONTHLY CONTRIBUTIONS ARE PAID INTO THE
9 RETIREMENT FUND IN ACCORDANCE WITH THE PROVISIONS OF SECTION
10 1713. IN ALL CASES OF DOUBT THE BOARD SHALL DETERMINE WHO IS AN
11 EMPLOYE WITHIN THE MEANING OF THIS ARTICLE.
12 * * *
13 SECTION 3. SECTION 1709 OF THE ACT, AMENDED JUNE 1, 1973
14 (P.L.37, NO.19), IS AMENDED TO READ:
15 SECTION 1709. APPROPRIATION AND PAYMENT TO RETIREMENT
16 FUND.--AT THEIR ANNUAL BUDGET SESSION, THE COUNTY COMMISSIONERS
17 SHALL MAKE SUCH AN APPROPRIATION AS WILL ENABLE THEM TO PAY, AND
18 THERE SHALL BE PAID OUT OF COUNTY TAXES AND COUNTY INSTITUTION
19 DISTRICT TAXES, A SUM OF MONEY, EACH MONTH, WHICH SHALL BE EQUAL
20 TO THE AMOUNT PAID INTO THE RETIREMENT FUND BY THE COUNTY
21 EMPLOYES, LESS ANY SUM OF MONEY REQUIRED TO BE PAID BY AN
22 AUTHORITY OR ANY SUCH OTHER SECOND CLASS COUNTY ENTITY, DURING
23 THE PRECEDING MONTH OR BI-WEEKLY PAY PERIODS IN ACCORDANCE WITH
24 THE PROVISIONS OF SECTION 1708[.]: PROVIDED, THAT AN AUTHORITY
25 OR ANY SUCH OTHER SECOND CLASS COUNTY ENTITY OPERATING IN THE
26 COUNTY SHALL MAKE SUCH AN APPROPRIATION AS WILL ENABLE EITHER OF
27 THEM TO SEPARATELY PAY, AND THERE SHALL BE PAID OUT OF EACH OF
28 THEIR RESPECTIVE FUNDS, A SUM OF MONEY, EACH MONTH, WHICH SHALL
29 BE EQUAL TO THE AMOUNT PAID INTO THE RETIREMENT FUND BY THOSE
30 EMPLOYES WHO ARE EMPLOYED BY AN AUTHORITY AND ANY SUCH OTHER
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1 SECOND CLASS COUNTY ENTITY DURING THE PRECEDING MONTHLY OR BI-
2 WEEKLY PAY PERIODS IN ACCORDANCE WITH THE PROVISIONS OF SECTION
3 1708.
4 THE COUNTY COMMISSIONERS SHALL APPROPRIATE SUCH AMOUNTS AS
5 ARE CERTIFIED BY THE STATE EMPLOYES' RETIREMENT BOARD AS
6 NECESSARY TO ESTABLISH RESERVES FOR THE BENEFIT OF ANY FORMER
7 MEMBER OF THE COUNTY EMPLOYES' RETIREMENT SYSTEM, WHOSE
8 EMPLOYMENT WITH THE COUNTY WAS TERMINATED BECAUSE OF THE
9 INCORPORATION INTO THE STATE HIGHWAY SYSTEM OF ALL OR ANY COUNTY
10 HIGHWAYS, OR SECTIONS THEREOF, BRIDGES, TUNNELS, VIADUCTS, OR
11 SECTIONS THERETO, IN COUNTIES OF THE SECOND CLASS, AND WHO
12 BECAME A MEMBER OF THE STATE EMPLOYES' RETIREMENT SYSTEM AND WHO
13 ELECTED TO RECEIVE CREDIT IN THE STATE EMPLOYES' RETIREMENT
14 SYSTEM FOR SERVICE AS A MEMBER OF THE COUNTY EMPLOYES'
15 RETIREMENT SYSTEM. SUCH APPROPRIATIONS SHALL BE MADE AT THE
16 ANNUAL BUDGET SESSION NEXT SUCCEEDING THE YEAR IN WHICH
17 CERTIFICATION IS RECEIVED FROM THE STATE EMPLOYES' RETIREMENT
18 SYSTEM AND PAYMENT TO THE STATE EMPLOYES' RETIREMENT FUND SHALL
19 BE MADE WITHIN NINETY (90) DAYS OF THE ADOPTION OF THE BUDGET.
20 IT SHALL BE THE DUTY OF THE COUNTY COMMISSIONERS TO
21 APPROPRIATE ANNUALLY SUFFICIENT FUNDS, NECESSARY TO GUARANTEE
22 PAYMENT OF ALL ADMINISTRATIVE COSTS, BENEFIT COMMITMENTS AND
23 LEGAL OBLIGATIONS OF THE EMPLOYES' RETIREMENT BOARD.
24 SECTION 4. SECTION 1710(A), (B) AND (H) OF THE ACT, AMENDED
25 FEBRUARY 9, 1984 (P.L.12, NO.6), MAY 9, 1984 (P.L.261, NO.61)
26 AND DECEMBER 4, 1992 (P.L.776, NO.121), ARE AMENDED TO READ:
27 SECTION 1710. EMPLOYES ELIGIBLE FOR RETIREMENT ALLOWANCES.--
28 (A) EVERY PRESENT OR FUTURE COUNTY EMPLOYE [WHO WAS INITIALLY
29 HIRED ON OR PRIOR TO THE EFFECTIVE DATE OF THIS AMENDATORY ACT,]
30 WHO HAS REACHED THE AGE OF SIXTY YEARS OR UPWARDS AND WHO HAS TO
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1 HIS OR HER CREDIT A PERIOD OF SERVICE OF EIGHT YEARS, BUT LESS
2 THAN TWENTY YEARS[, OR EVERY COUNTY EMPLOYE WHO WAS HIRED AFTER
3 THE EFFECTIVE DATE OF THIS AMENDATORY ACT, WHO HAS REACHED THE
4 AGE OF SIXTY-FIVE YEARS OR UPWARDS AND WHO HAS TO HIS OR HER
5 CREDIT A PERIOD OF SERVICE OF TEN YEARS, BUT LESS THAN TWENTY
6 YEARS] SHALL, UPON APPLICATION TO THE BOARD, BE ELIGIBLE FOR
7 RETIREMENT FROM SERVICE, AND SHALL THEREAFTER RECEIVE, DURING
8 LIFE, EXCEPT AS HEREINAFTER PROVIDED, A RETIREMENT ALLOWANCE
9 COMPUTED ON A SERVICE PERIOD OF TWENTY (20) YEARS WHICH SHALL
10 EQUAL ONE TWENTIETH (1/20) OF SUCH AMOUNT AS HE OR SHE MAY BE
11 ELIGIBLE TO RECEIVE IN ACCORDANCE WITH THE PROVISIONS OF
12 SUBSECTION (A) OF SECTION 1712, FOR EACH YEAR'S SERVICE WHICH
13 SUCH COUNTY EMPLOYE MAY HAVE TO HIS OR HER CREDIT DURING THE
14 AFORESAID PERIOD OF TIME. THE TIME SPENT IN THE EMPLOY OF THE
15 COUNTY OR COUNTY INSTITUTION DISTRICT NEED NOT NECESSARILY HAVE
16 BEEN CONTINUOUS. THE AFORESAID RETIREMENT ALLOWANCE SHALL BE
17 SUBJECT TO A SUSPENSION THEREOF IN ACCORDANCE WITH THE
18 PROVISIONS OF SUBSECTION (H) OF THIS SECTION 1710 AND SUBSECTION
19 (C) OF SECTION 1712.
20 (B) EVERY PRESENT OR FUTURE COUNTY EMPLOYE, OTHER THAN A
21 MEMBER OF THE POLICE FORCE OR THE FIRE DEPARTMENT OR A FIRE
22 INSPECTOR OR A SHERIFF OR DEPUTY SHERIFF, [WHO WAS INITIALLY
23 HIRED ON OR PRIOR TO THE EFFECTIVE DATE OF THIS AMENDATORY ACT,]
24 WHO HAS REACHED THE AGE OF SIXTY YEARS OR UPWARDS AND WHO HAS TO
25 HIS OR HER CREDIT A PERIOD OF SERVICE OF [EIGHT YEARS, BUT LESS
26 THAN] TWENTY YEARS OR MORE, [OR EVERY COUNTY EMPLOYE, OTHER THAN
27 A MEMBER OF THE POLICE OR THE FIRE DEPARTMENT OR A FIRE
28 INSPECTOR, WHO WAS HIRED AFTER THE EFFECTIVE DATE OF THIS
29 AMENDATORY ACT, WHO HAS REACHED THE AGE OF SIXTY-FIVE YEARS OR
30 UPWARDS, AND WHO HAS TO HIS OR HER CREDIT A PERIOD OF SERVICE OF
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1 TEN YEARS, BUT LESS THAN TWENTY YEARS,] AND EVERY COUNTY EMPLOYE
2 WHO IS A MEMBER OF THE POLICE FORCE OR THE FIRE DEPARTMENT OR A
3 FIRE INSPECTOR, AND WHO SHALL HAVE BEEN A COUNTY EMPLOYE DURING
4 A PERIOD OF TWENTY OR MORE YEARS AND HAS REACHED THE AGE OF
5 FIFTY YEARS OR UPWARDS SHALL, UPON APPLICATION TO THE BOARD, BE
6 ELIGIBLE FOR RETIREMENT FROM SERVICE, AND SHALL THEREAFTER
7 RECEIVE, DURING LIFE, EXCEPT AS HEREINAFTER PROVIDED, A
8 RETIREMENT ALLOWANCE PLUS A SERVICE INCREMENT IF ANY, IN
9 ACCORDANCE WITH THE PROVISIONS OF SECTION 1712. EVERY COUNTY
10 OFFICER OR EMPLOYE WHO IS A SHERIFF, DEPUTY SHERIFF OR PRISON
11 GUARD WHO SHALL HAVE BEEN A COUNTY OFFICER OR EMPLOYE DURING A
12 PERIOD OF TWENTY OR MORE YEARS AND HAS REACHED THE AGE OF FIFTY-
13 FIVE YEARS OR UPWARD, SHALL, UPON APPLICATION TO THE BOARD, BE
14 ELIGIBLE FOR RETIREMENT FROM SERVICE AND SHALL THEREAFTER
15 RECEIVE, DURING LIFE, EXCEPT AS HEREAFTER PROVIDED, A RETIREMENT
16 ALLOWANCE IN ACCORDANCE WITH SECTION 1712. THE TIME SPENT IN THE
17 EMPLOY OF THE COUNTY OR COUNTY INSTITUTION DISTRICT NEED NOT
18 NECESSARILY HAVE BEEN CONTINUOUS: PROVIDED, THAT WHEN ANY COUNTY
19 EMPLOYE HAS TWENTY OR MORE YEARS SERVICE, NOT NECESSARILY
20 CONTINUOUS, AND HAS NOT REACHED THE AGE OF [FIFTY] SIXTY YEARS
21 OR UPWARDS, AND SHALL BE SEPARATED FROM THE SERVICE OF THE
22 COUNTY OR COUNTY INSTITUTION DISTRICT BY REASON OF NO CAUSE OR
23 ACT OF HIS OR HER OWN, UPON APPLICATION TO THE BOARD HE OR SHE
24 SHALL THEREAFTER RECEIVE, DURING LIFE, EXCEPT AS HEREINAFTER
25 PROVIDED, A RETIREMENT ALLOWANCE PLUS A SERVICE INCREMENT IF
26 ANY, IN ACCORDANCE WITH THE PROVISIONS OF SECTION [1712] 1713. <--
27 THE AFORESAID RETIREMENT ALLOWANCE PLUS A SERVICE INCREMENT IF
28 ANY, SHALL BE SUBJECT TO A SUSPENSION THEREOF IN ACCORDANCE WITH
29 THE PROVISIONS OF SUBSECTION (H) OF THIS SECTION 1710 AND
30 SUBSECTION (C) OF SECTION 1712.
19970S0382B1522 - 13 -
1 * * *
2 (H) (1) OPTION I. ANY PRESENT OR FUTURE COUNTY EMPLOYE WHO
3 HAS NOT REACHED [FIFTY] SIXTY YEARS OF AGE [BUT LESS THAN SIXTY
4 OR SIXTY-FIVE, WHICHEVER IS APPLICABLE], AND WHO HAS TO HIS OR
5 HER CREDIT A PERIOD OF AT LEAST THE MINIMUM NUMBER OF YEARS OF
6 SERVICE SPECIFIED IN SUBSECTION (A) OF THIS SECTION BUT LESS
7 THAN TWENTY YEARS OF SERVICE, SHALL UPON APPLICATION TO THE
8 BOARD BE ELIGIBLE TO RECEIVE AT AGE SIXTY YEARS [OR SIXTY-FIVE
9 YEARS, WHICHEVER IS APPLICABLE,] A RETIREMENT ALLOWANCE COMPUTED
10 ON A SERVICE PERIOD OF TWENTY YEARS, WHICH SHALL EQUAL ONE-
11 TWENTIETH OF SUCH AMOUNT AS HE OR SHE MAY BE ELIGIBLE TO RECEIVE
12 IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (A) OF SECTION
13 1712 FOR EACH YEAR'S SERVICE WHICH SUCH COUNTY EMPLOYE MAY HAVE
14 TO HIS OR HER CREDIT DURING THE AFORESAID PERIOD OF TIME. THE
15 TIME SPENT IN THE EMPLOY OF THE COUNTY OR COUNTY INSTITUTION
16 DISTRICT NEED NOT NECESSARILY HAVE BEEN CONTINUOUS.
17 (2) OPTION II. ANY PRESENT OR FUTURE COUNTY EMPLOYE WHO HAS
18 NOT REACHED [FIFTY] SIXTY YEARS OF AGE [BUT LESS THAN SIXTY OR
19 SIXTY-FIVE, WHICHEVER IS APPLICABLE], AND WHO HAS TO HIS OR HER
20 CREDIT A PERIOD OF THE MINIMUM NUMBER OF YEARS OF SERVICE
21 SPECIFIED IN SUBSECTION (A) OF THIS SECTION BUT LESS THAN TWENTY
22 YEARS OF SERVICE, SHALL UPON APPLICATION TO THE BOARD BE
23 ELIGIBLE TO RECEIVE THEREAFTER, A RETIREMENT COMPUTED ON A
24 SERVICE PERIOD OF TWENTY YEARS, WHICH SHALL EQUAL ONE-TWENTIETH
25 OF SUCH AMOUNT AS HE OR SHE MAY BE ELIGIBLE TO RECEIVE IN
26 ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (A) OF SECTION 1712
27 FOR EACH YEAR'S SERVICE WHICH SUCH COUNTY EMPLOYE MAY HAVE TO
28 HIS OR HER CREDIT DURING THE AFORESAID PERIOD OF TIME. FURTHER,
29 THE ABOVE RETIREMENT ALLOWANCE SHALL BE SUBJECT TO A REDUCTION
30 OF ONE-HALF OF ONE PER CENTUM FOR EACH MONTH UNDER THE AGE OF
19970S0382B1522 - 14 -
1 SIXTY YEARS [OR SIXTY-FIVE YEARS, WHICHEVER IS APPLICABLE]. IN
2 NO EVENT SHALL A RETIREMENT ALLOWANCE BE PAID UNTIL THE AGE OF
3 FIFTY-FIVE YEARS IS ATTAINED. THE TIME SPENT IN THE EMPLOY OF
4 THE COUNTY OR COUNTY INSTITUTION DISTRICT NEED NOT NECESSARILY
5 HAVE BEEN CONTINUOUS. THE AFORESAID RETIREMENT ALLOWANCE ELECTED
6 UNDER OPTION I SHALL BECOME NULL AND VOID IF SAID COUNTY OR
7 COUNTY INSTITUTION DISTRICT EMPLOYE IS REEMPLOYED PRIOR TO AGE
8 SIXTY IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (C) OF
9 SECTION 1712.
10 * * *
11 SECTION 2 5. SECTION 1712(B.1) OF THE ACT, AMENDED DECEMBER <--
12 10, 1980 (P.L.1165, NO.213), IS AMENDED TO READ:
13 SECTION 1712. AMOUNT OF RETIREMENT ALLOWANCES.--* * *
14 (B.1) IN ADDITION TO THE RETIREMENT ALLOWANCE WHICH IS
15 AUTHORIZED BY THIS ARTICLE AND NOTWITHSTANDING THE LIMITATIONS
16 THEREIN PLACED UPON RETIREMENT ALLOWANCES, ANY PRESENT OR FUTURE
17 COUNTY EMPLOYE WHO UPON RETIREMENT SHALL BE ELIGIBLE TO RECEIVE
18 PAYMENT OF A RETIREMENT ALLOWANCE AND WHO HAS BEEN EMPLOYED AS
19 SUCH FOR [TWENTY-ONE] TWENTY OR MORE YEARS DURING WHICH PERIOD
20 OF TIME HE OR SHE SHALL HAVE MADE MONTHLY CONTRIBUTIONS INTO THE
21 RETIREMENT FUND, SHALL ALSO BE ELIGIBLE TO THE PAYMENT IN
22 ADDITION TO A RETIREMENT ALLOWANCE A SERVICE INCREMENT OF TWO
23 PER CENTUM PER YEAR COMPUTED UPON THE ANNUAL RETIREMENT
24 ALLOWANCE TO WHICH HE OR SHE IS ENTITLED. SAID SERVICE INCREMENT
25 SHALL BE THE SUM OBTAINED BY COMPUTING THE NUMBER OF FULL YEARS,
26 AND ANY PORTION OF A YEAR, IN EXCESS OF TWENTY YEARS DURING
27 WHICH PERIOD OF TIME HE OR SHE SHALL HAVE MADE MONTHLY OR BI-
28 WEEKLY CONTRIBUTIONS INTO THE RETIREMENT FUND. NO SERVICE
29 INCREMENT SHALL BE PAID FOR MORE THAN TWENTY (20) SUCH EXCESS
30 SERVICE YEARS [NOR SHALL A SERVICE INCREMENT BE PAID FOR A
19970S0382B1522 - 15 -
1 FRACTION OF SUCH SERVICE YEAR]. EFFECTIVE AS OF JANUARY 1, 1989,
2 IN THE EVENT AN EMPLOYE, ON THE EFFECTIVE DATE OF EMPLOYMENT
3 TERMINATION, SHALL HAVE LESS THAN A FULL YEAR OF SERVICE FOR THE
4 PURPOSE OF COMPUTING THE EMPLOYE'S SERVICE INCREMENT, THEN THE
5 AMOUNT OF THE SERVICE INCREMENT, WHICH WOULD HAVE BEEN COMPUTED
6 HAD THE EMPLOYE COMPLETED A FULL TWELVE-MONTH PERIOD FOR THE
7 YEAR OF THE TERMINATION OF EMPLOYMENT, SHALL BE PRORATED UPON A
8 FULL COMPLETED MONTH BASIS FOR SAID LAST YEAR OF SERVICE
9 INCREMENT.
10 SECTION 3 6. SECTION 1713(D) OF THE ACT, AMENDED JUNE 29, <--
11 1976 (P.L.461, NO.116), IS AMENDED TO READ:
12 SECTION 1713. RETIREMENT ALLOWANCES AFTER LEAVING SERVICE.--
13 * * *
14 (D) OPTION I. ANY PERSON WHO, AFTER TWENTY OR MORE YEARS'
15 SERVICE AS A COUNTY EMPLOYE RESIGNS FROM HIS OR HER OFFICE
16 POSITION OR EMPLOYMENT BEFORE REACHING THE AGE OF SIXTY YEARS
17 WHEN HE OR SHE ATTAINS THE AGE OF SIXTY YEARS, WHEN SUCH FORMER
18 COUNTY EMPLOYE SHALL BE ELIGIBLE TO RECEIVE A RETIREMENT
19 ALLOWANCE WHICH SHALL BE COMPUTED ON THE AVERAGE MONTHLY
20 COMPENSATION AS RECEIVED BY THE FORMER COUNTY EMPLOYE PRIOR TO
21 HIS OR HER SEPARATION FROM THE SERVICE OF THE COUNTY OR COUNTY
22 INSTITUTION DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF
23 SUBSECTION (A) OF SECTION 1712. SUCH FORMER COUNTY EMPLOYE SHALL
24 BE ELIGIBLE TO RECEIVE, IN ADDITION TO A RETIREMENT ALLOWANCE, A
25 SERVICE INCREMENT, IF ANY, IN ACCORDANCE WITH THE PROVISIONS OF
26 SUBSECTION (B) OF SECTION 1712 ONLY TO THE TIME OF HIS OR HER
27 SEPARATION FROM THE SERVICE OF THE COUNTY OR COUNTY INSTITUTION
28 DISTRICT.
29 OPTION II. EMPLOYE MAY ELECT TO RECEIVE IMMEDIATE RETIREMENT
30 ALLOWANCE BENEFITS UNDER THE AGE OF SIXTY YEARS PROVIDED THAT
19970S0382B1522 - 16 -
1 SAID RETIREMENT ALLOWANCE BE REDUCED BY ONE-HALF OF ONE PER
2 CENTUM FOR EACH MONTH UNDER THE AGE OF SIXTY YEARS. OPTION I OR
3 OPTION II ELECTION SHALL BE FINAL UPON SEPARATION OF HIS OR HER
4 SERVICE FROM THE COUNTY.
5 OPTION III. ANY EMPLOYE UNDER SIXTY YEARS OF AGE WHO HAS
6 SERVED TWENTY YEARS OR MORE AND WHO WAS DISMISSED THROUGH NO
7 FAULT OF HIS OWN MAY ELECT TO RECEIVE IMMEDIATE RETIREMENT
8 ALLOWANCE BENEFITS PLUS A SERVICE INCREMENT, IF ANY, EQUAL TO
9 SEVENTY PER CENTUM OF THE BENEFITS HE WOULD BE ENTITLED TO
10 RECEIVE HAD HE CONTINUED TO BE EMPLOYED UNTIL AGE SIXTY. THE
11 SERVICE INCREMENT SHALL BE EFFECTIVE AS OF JANUARY 1, 1989.
12 SECTION 7. SECTION 2001 OF THE ACT IS AMENDED BY ADDING A <--
13 SUBSECTION TO READ:
14 SECTION 2001. COUNTY COMMISSIONERS TO MAKE CONTRACTS.--THE
15 COUNTY COMMISSIONERS MAY MAKE CONTRACTS FOR LAWFUL PURPOSES AND
16 FOR THE PURPOSES OF CARRYING INTO EXECUTION THE PROVISIONS OF
17 THIS SECTION AND THE LAWS OF THE COMMONWEALTH.
18 * * *
19 (G) (1) THE BOARD OF COMMISSIONERS MAY, IN ITS SOLE
20 DISCRETION, ELECT TO USE AN ALTERNATIVE CONTRACTING PROCEDURE TO
21 ACHIEVE THE ADAPTIVE REUSE OF FORMER JAIL FACILITIES. IF THE
22 BOARD OF COMMISSIONERS ELECTS TO UTILIZE AN ALTERNATIVE
23 CONTRACTING PROCEDURE, THE BOARD SHALL ADOPT A RESOLUTION THAT
24 THE USE OF AN ALTERNATIVE CONTRACTING PROCEDURE IS THE MOST
25 EFFICIENT, ECONOMICAL AND TIMELY METHOD TO SECURE AN ADAPTIVE
26 REUSE OF FORMER JAIL FACILITIES.
27 UPON ADOPTION OF A RESOLUTION, THE BOARD OF COMMISSIONERS
28 SHALL REQUEST WRITTEN PROPOSALS FROM PROPOSERS FOR THE ADAPTIVE
29 REUSE OF FORMER JAIL FACILITIES UNDER AN ALTERNATIVE CONTRACTING
30 METHOD. IN ITS REQUEST FOR PROPOSALS, THE BOARD SHALL INCLUDE
19970S0382B1522 - 17 -
1 SUCH TERMS, CONDITIONS AND REQUIREMENTS WHICH IT DEEMS NECESSARY
2 TO PROTECT THE INTERESTS OF THE COUNTY.
3 (2) IN REVIEWING AND EVALUATING THE PROPOSALS FOR THE
4 ADAPTIVE REUSE OF FORMER JAIL FACILITIES, THE BOARD OF
5 COMMISSIONERS SHALL, IN ADDITION TO COMPLIANCE WITH THE TERMS,
6 CONDITIONS AND REQUIREMENTS SET FORTH IN THE REQUEST FOR
7 PROPOSALS, CONSIDER THE FOLLOWING CRITERIA:
8 (I) THE COST OF THE PROPOSER'S ADAPTIVE REUSE PROPOSAL;
9 (II) EXPERIENCE OF THE PROPOSER;
10 (III) PRESERVATION OF THE DISTINCT ARCHITECTURAL DESIGN AND
11 INTEGRITY OF THE FORMER JAIL FACILITIES;
12 (IV) ADHERENCE TO PREVAILING WAGE LAWS AND OTHER WORK FORCE
13 STANDARDS;
14 (V) COMMITMENT TO ENTER INTO VOLUNTARY CONTRACT WITH
15 DISADVANTAGED BUSINESS ENTERPRISES.
16 AFTER DUE CONSIDERATION OF PROPOSALS UNDER THE CRITERIA
17 DESCRIBED ABOVE, THE BOARD OF COMMISSIONERS MAY, IN ITS
18 DISCRETION, SELECT A PROPOSAL AND AWARD A CONTRACT TO A
19 RESPONSIBLE PROPOSER, FOR THE ADAPTIVE REUSE OF FORMER JAIL
20 FACILITIES UNDER AN ALTERNATIVE CONTRACTING PROCEDURE. THE AWARD
21 OF A CONTRACT FOR THE ADAPTIVE REUSE OF FORMER JAIL FACILITIES
22 NEED NOT BE AWARDED TO THE LOWEST BIDDER.
23 (3) ANY CONTRACT FOR THE ADAPTIVE REUSE FOR FORMER JAIL
24 FACILITIES AWARDED UNDER THIS SUBSECTION SHALL BE EXEMPT FROM
25 AND NOT BE SUBJECT TO SECTIONS 2517 AND 2520 OF THIS ACT OR THE
26 ACT OF MAY 1, 1913 (P.L.155, NO.104), ENTITLED "AN ACT
27 REGULATING THE LETTING OF CERTAIN CONTRACTS FOR THE ERECTION,
28 CONSTRUCTION, AND ALTERATION OF PUBLIC BUILDINGS."
29 (4) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
30 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
19970S0382B1522 - 18 -
1 "ADAPTIVE REUSE." THE ALTERATION, RENOVATION, REMODELING,
2 MODIFICATION OR RECONSTRUCTION OF FORMER JAIL FACILITIES FOR
3 REUSE AS COURTROOMS, OFFICE SPACE OR SUCH OTHER FACILITIES AND
4 USES AS THE BOARD OF COMMISSIONERS SHALL FROM TIME TO TIME DEEM
5 NECESSARY AND APPROPRIATE.
6 "ALTERNATIVE CONTRACTING PROCEDURE." A PROCEDURE UNDER WHICH
7 A PROPOSER WOULD BE RESPONSIBLE FOR ALL ASPECTS OR PHASES
8 NECESSARY TO ACHIEVE THE DEVELOPMENT OF A PARCEL OF PROPERTY.
9 SUCH ASPECTS OR PHASES OF DEVELOPMENT, SHALL INCLUDE, BUT NOT
10 NECESSARILY BE LIMITED TO, THE PLANNING, DESIGN, FINANCE,
11 CONSTRUCTION AND MANAGEMENT OF PROPERTY. THE TERM "ALTERNATIVE
12 CONTRACTING PROCEDURE" SHALL BE SIMILAR IN ALL RESPECTS TO THE
13 COMMONLY UNDERSTOOD TERM IN THE REAL ESTATE DEVELOPMENT AND
14 CONSTRUCTION INDUSTRY KNOWN AS A "TURNKEY."
15 "FORMER JAIL FACILITIES." A BUILDING OR GROUP OF BUILDINGS
16 WITH RELATED FACILITIES OWNED BY A COUNTY OF THE SECOND CLASS
17 WHICH ARE MORE THAN ONE HUNDRED YEARS OLD AND WHICH WERE
18 PREVIOUSLY USED AS JAIL FACILITIES.
19 "PROPOSER." A FIRM, ORGANIZATION OR COMPANY OR A COMBINATION
20 OF FIRMS, ORGANIZATIONS OR COMPANIES ACTING AS A PARTNERSHIP,
21 JOINT VENTURE, CONSORTIUM OR SIMILAR JOINT RELATIONSHIP WITH
22 SUFFICIENT KNOWLEDGE, EXPERTISE AND EXPERIENCE IN THE AREAS OF
23 ARCHITECTURAL DESIGN, CONSTRUCTION, FINANCING OF REAL ESTATE
24 DEVELOPMENT OR CONSTRUCTION AND REAL ESTATE MANAGEMENT.
25 SECTION 4 8. SECTION 2199.12 OF THE ACT IS AMENDED TO READ: <--
26 Section 2199.12. Appropriations to Municipalities for Parks,
27 Recreation Areas, etc.--The board of commissioners of any county
28 of the second class A may appropriate from county funds moneys
29 for grants to assist boroughs or townships within the county as
30 well as nonprofit organizations in the purchase [or],
19970S0382B1522 - 19 -
1 acquisition, improvement, equipping or landscaping, including
2 the planting of shrubs and shade trees, of lands [or], buildings
3 [or both] and facilities, and in the case of buildings and
4 facilities, demolition of such, for parks, recreation areas,
5 open space projects and other such outdoor projects and for
6 historic or museum projects. For the purposes of this section,
7 the term "nonprofit organizations" shall mean entities which are
8 tax exempt under section 501(a) of the Internal Revenue Code of
9 1986, (Public Law 99-514, 26 U.S.C. § 501(a)) as amended (or any
10 successor provision thereto); not operated for profit; and
11 organized to:
12 (1) preserve or conserve open space, natural resources or
13 natural habitats;
14 (2) promote outdoor recreation and the acquisition and
15 development of facilities related thereto; or
16 (3) preserve sites of historical significance.
17 SECTION 9. THE ACT OF MAY 31, 1974 (P.L.296, NO.94), <--
18 ENTITLED "AN ACT PROVIDING FOR THE APPOINTMENT, PROMOTION,
19 REDUCTION IN RANK, SUSPENSION, FURLOUGH, DISCHARGE AND
20 REINSTATEMENT OF DEPUTY SHERIFFS IN COUNTIES OF THE SECOND
21 CLASS; EXTENDING CIVIL SERVICE COVERAGE TO SUCH DEPUTIES; AND
22 PROVIDING PENALTIES," IS REPEALED INSOFAR AS IT IS INCONSISTENT
23 WITH THIS ACT.
24 SECTION 10. THE AMENDMENT OF SECTIONS 1710, 1712 AND 1713 OF
25 THE ACT SHALL BE RETROACTIVE TO NOVEMBER 1, 1997.
26 Section 2 5 11. This act shall take effect immediately. <--
A13L16JRW/19970S0382B1522 - 20 -