PRINTER'S NO. 574
No. 545 Session of 1997
INTRODUCED BY WAGNER, HART, BELAN, COSTA, BODACK AND MURPHY,
MARCH 3, 1997
REFERRED TO URBAN AFFAIRS AND HOUSING, MARCH 3, 1997
AN ACT
1 Providing for a procedure for adoption of a home rule charter in
2 counties of the second class.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Second Class
7 County Charter Law.
8 Section 2. Legislative findings and declarations.
9 (a) Legislative findings.--The General Assembly hereby
10 determines, declares and finds that:
11 (1) Allegheny County is currently governed by a county
12 commission and other elective officers as provided by section
13 4 of Article IX of the Constitution of Pennsylvania.
14 (2) The Commissioners of Allegheny County directed the
15 preparation of a study regarding whether to modernize and
16 reform its structure of government for the 21st century. The
17 study was performed by ComPAC 21 (the Committee to Prepare
1 Allegheny County for the Twenty-first Century), which
2 recommended reforming the structure of county government by
3 replacing the commission form of government with an elected
4 county executive, an appointed professional county manager
5 and an elected county legislative council.
6 (3) The Commissioners of Allegheny County have
7 unanimously accepted and endorsed the recommendations of the
8 ComPAC 21 Committee regarding the enactment of a charter
9 replacing the commission form of government with an elected
10 county executive, an appointed professional county manager
11 and an elected county legislative council.
12 (4) The Commissioners of Allegheny County have
13 unanimously recommended that the electors of Allegheny County
14 be given the opportunity to ratify a county charter which
15 will provide for the election of a county executive and
16 council in 1999 to be sworn into office in January 2000.
17 (5) The utilization of the procedures for the adoption
18 of a charter as set forth in 53 Pa.C.S. Pt. III Subpt. E
19 (relating to home rule and optional plan government) will not
20 allow the implementation of the recommendations of the
21 Commissioners of Allegheny County and the ComPAC 21 Committee
22 in a timely and expeditious manner.
23 (6) The implementation as soon as practical of the
24 recommendations of the Commissioners of Allegheny County and
25 the ComPAC 21 Committee will promote greater government
26 efficiency, economy and effectiveness and provide a vital
27 stimulus to the economic and social revitalization of
28 Allegheny County.
29 (b) Declarations.--The General Assembly declares that a
30 modified, simple and direct procedure is required whereby
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1 Allegheny County may enact a charter and reform the structure of
2 county government by a referendum of the electors of Allegheny
3 County conducted as soon as November 1997 and thereafter, upon
4 approval of the referendum, elect a county executive and county
5 council in November 1999 and swear the new public officials into
6 office by January 2000.
7 Section 2. Definitions.
8 The following words and phrases when used in this act shall
9 have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Charter." A county home rule charter as authorized by
12 sections 2 and 4 of Article IX of the Constitution of
13 Pennsylvania.
14 "Committee" or "charter drafting committee." The body
15 composed of appointees who shall draft the initial charter of
16 the county.
17 "County." A county of the second class.
18 "Governing body." The board of commissioners of the county.
19 "Proposed charter." The charter prepared by the drafting
20 committee and presented to the electors of the county for
21 adoption by referendum.
22 Section 3. Construction of act.
23 (a) Liberal construction.--The terms and provisions of this
24 act are to be liberally construed, so as to best achieve and
25 effectuate the goals and purposes hereof.
26 (b) Pari materia.--This act shall be considered and
27 construed in pari materia with 53 Pa.C.S. Pt. III Subpt. E
28 (relating to home rule and optional plan government), except
29 that:
30 (1) The charter drafting committee responsible for
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1 proposing a charter for the county shall serve in lieu of a
2 government study commission and shall be appointed pursuant
3 to this act rather than elected pursuant to 53 Pa.C.S. Ch. 29
4 Subch. B (relating to procedure for adoption of a home rule
5 charter or optional plan of government).
6 (2) Any vacancy in the membership of the charter
7 drafting committee shall be filled by appointment by the
8 governing body, provided, however, that if the governing body
9 fails to fill a vacancy within 20 calendar days of the
10 occurrence of the vacancy, the vacancy may be filled in the
11 manner otherwise provided by law.
12 (3) The function of the charter drafting committee shall
13 be to develop a specific charter for the county which
14 provides for an elected county executive, an appointed
15 professional county manager and an elected county legislative
16 council.
17 (4) An ordinance may not be passed and a petition may
18 not be filed for the election of a government study
19 commission pursuant to 53 Pa.C.S. § 2911 (relating to
20 submission of question for election of government study
21 commission) while proceedings to adopt a charter are pending
22 pursuant to this act.
23 (5) The charter drafting committee shall report its
24 recommendations to the citizens of the county within the time
25 set forth by this act, rather than as established by 53
26 Pa.C.S. § 2921 (relating to report of findings and
27 recommendations).
28 Section 4. Charter drafting committee.
29 (a) Creation.--The governing body may, by ordinance,
30 establish a charter drafting committee.
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1 (b) Membership.--The committee shall consist of nine members
2 who shall be residents and electors of the county and who shall
3 be appointed by the governing body. In making appointments to
4 the committee, the governing body shall consider the racial,
5 geographic and gender diversity of the county.
6 (c) Vacancies.--Vacancies on the committee shall be filled
7 using the same criteria as in the initial appointment of members
8 to the committee.
9 (d) Compensation.--The members of the committee shall serve
10 without compensation, but shall be reimbursed by the county for
11 actual, reasonable and necessary expenses.
12 Section 5. Proposed charter.
13 (a) Report.--The charter drafting committee shall report its
14 findings and recommendations to the citizens and the governing
15 body of the county within three months from the date of its
16 appointment.
17 (b) Recommendations.--The proposed charter shall provide for
18 an elected county executive, an elected county legislative
19 council and an appointed professional county manager. The county
20 council shall not exceed 15 members, a majority of whom shall be
21 elected by districts.
22 (c) Limitations.--The initial charter adopted by the county
23 shall not eliminate any elected county officers other than the
24 county commissioners. The proposed charter shall be subject to
25 53 Pa.C.S. Ch. 29 Subch. E (relating to general powers and
26 limitations of home rule charter municipalities).
27 Section 6. Referendum.
28 The chief clerk of the county shall certify a copy of the
29 report to the county board of elections within five days of its
30 public release, which shall cause the question of the adoption
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1 or rejection of the charter to be placed upon the ballot or
2 voting machines at either the municipal election of 1997 or the
3 next primary, municipal or general election occurring not less
4 than 60 days following the filing of a copy of the committee's
5 report with the county board of elections, whichever occurs
6 later. At the election, the question of adopting the charter
7 shall be submitted to the electors of the county in the same
8 manner as other questions are submitted to the electors under
9 the act of June 3, 1937 (P.L.1333, No.320), known as the
10 Pennsylvania Election Code. The committee shall frame the
11 question to be placed upon the ballot as provided for in 53
12 Pa.C.S. § 2925 (relating to form of question on form of
13 government) and, if it deems appropriate, an interpretative
14 statement to accompany the question.
15 Section 7. Approval.
16 If approved by the electors, the provisions of the charter
17 relating to the apportionment of the county into districts shall
18 be governed by the terms of the act of December 13, 1974
19 (P.L.947, No.312), known as the Municipal Reapportionment Act,
20 and the election of the county executive and the county
21 legislative council shall occur at either the primary and
22 general elections occurring in 1999 or at the next primary and
23 general elections following approval of the charter, whichever
24 occurs later. All other provisions of the charter, subject to
25 any transition provisions contained in the charter, shall be
26 effective on either January 1, 2000, or on the next January 1
27 following the general election at which the county executive and
28 county council are elected, whichever occurs later.
29 Section 8. Repeals.
30 All acts and parts of acts are repealed insofar as they are
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1 inconsistent with this act.
2 Section 9. Effective date.
3 This act shall take effect immediately.
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