ARTICLE VIII: AUTHORITIES, AGENCIES, BOARDS AND COMMISSIONS Section 8.01 Establishment of Agencies, Boards and Commissions.
a. There shall be such agencies, boards and commissions established by this charter, by state law, by the Administrative Code or by other County ordinance.
b. There shall be a Board of Elections as constituted and described in Section 8.09 of this Article.
c. The Board of County Commissioners shall have the power by ordinance to establish or abolish any agency, board or commission not established by this charter.
Section 8.02 Special Commissions. The Board of County Commissioners may establish and abolish special commissions for the purpose of providing information, findings of fact, recommendations and action.
Section 8.03 Appointments. Except as otherwise provided by applicable state law or by this charter:
a. All members of agencies, boards and commissions shall be appointed or removed by the Board of County Commissioners by an affirmative vote of at least a majority of its members.
b. The terms and tenure of members of agencies, boards and commissions shall be as established by applicable state law, by this charter, by the Administrative Code, or by other County ordinance for the specific agency, board or commission.
c. Each appointee to an agency, board or commission shall be a registered voter of Lancaster County and shall remain a registered voter throughout his/her term.
Section 8.04 Compensation. The Board of County Commissioners shall have the power by ordinance to provide reasonable compensation to members of agencies, boards, and commissions for their services and reimbursement for authorized expenses.
Section 8.05 Prohibitions.
a. No member of an agency, board or commission shall hold any elective County office or any other appointive County office, except to the extent that applicable state law or this charter requires that an elected County official or employee serve on a specific agency, board or commission.
b. Except as provided by applicable state law or by this charter, no member of an agency, board or commission shall serve as a non-elective County employee or as a paid consultant for the County government during his/her term of office and for a period of two (2) years after leaving the agency, board or commission.
Section 8.06 Agencies, Boards and Commissions Continued under Home Rule. All agencies, boards and commissions not specifically reconstituted, superseded or abolished by this charter shall continue and may exercise the powers conferred upon them until such time as otherwise provided by applicable state law, by this charter, by the Administrative Code or by other County ordinance.
Section 8.07 Current Members of Agencies, Boards and Commissions. Except as otherwise provided in this charter, members of County agencies, boards and commissions in office on the effective date of this charter whose terms have not expired may complete their terms of office even though they may not meet the terms and conditions specified in Section 8.03 above. However, no person who would be ineligible to serve as a member of an agency, board or commission under the provisions of this charter shall be appointed or reappointed to such position subsequent to the adoption of this charter.
Section 8.08 Authorities. Recognizing that municipal authorities, once organized, operate independently of the entity that organizes them, the Board of County Commissioners shall have the power to take action regarding County authorities consistent with the Municipal Authorities Act of 2001.
Section 8.09 Board of Elections
a. The Board of Elections shall administer the system of elections and the registration of voters under applicable law. The employees of the Elections and Registration Office, who are appointed by and operate under the authority of the County Administrator, must comply with the policies and directives of the Board of Elections.
b. The Board of Elections shall be comprised of five (5) members. No more than two (2) members shall be registered voters of the same political party.
c. The term of office for the Board of Elections shall be four (4) years.
d. The Board of County Commissioners shall ascertain the two (2) political parties having the highest number of registered voters as of December 31 of the year before any municipal primary election and shall promptly notify the authorized representatives of these political parties of all vacancies on the Board of Elections. The Board of Commissioners shall request each of these political parties to submit, on or before January 1 of each municipal election year, a list of at least five (5) nominees for appointment to the Board of Elections. None of these nominees shall currently hold, or be a candidate for, public office, nor during his or her term of office on the Board of Elections shall he or she be an officer, a County or State Committeeperson, an area chairperson or a member of the Executive Committee of any political party. The Board of County Commissioners shall appoint two (2) members of the BBoard of Elections from each of the lists submitted by the two (2) political parties referenced above.
e. If a list of nominees is not submitted to the Board of County Commissioners by an authorized representative of any political party qualifying to make such nominations by the date specified in accordance with Subsection 8.08(d), appointments to the Board of Elections shall be made by the Board of County Commissioners from the entire list of registered voters of the political party which did not submit the requested list.
f. The Board of County Commissioners shall make appointments to the Board of Elections as set forth in Subsection 8.09(d) above and, when applicable, Subsection 8.09(e) above not later than February 1 of each municipal election year. Any appointment not made by the Board of Commissioners by the required date shall be made by the President Judge of the Court of Common Pleas within ten (10) days thereafter, subject to the conditions set forth in Subsection 8.09(d) above.
g. The remaining member of the Board of Elections shall be selected by the four (4) members appointed by the Board of County Commissioners. The person selected shall be a registered voter, but shall not be registered to vote as a member of either party entitled to nominate two (2) members of the Board of Elections and shall not have been so registered for a period of two (2) years before his or her selection. Not later than forty-five (45) days before the commencement of the selection process, the Board of Elections shall provide public notice, in a manner set forth in the Administrative Code, of the pending selection of this member of the Board of Elections. In the event that this member has not been selected by the Board of Elections within five (5) business days following the appointment of the other four (4) members of the Board of Elections, this member shall be appointed by the President Judge of the Court of Common Pleas, subject to the restrictions set forth in this subsection.
h. Four (4) members of the Board of Elections shall constitute a quorum and shall have the power to perform the functions assigned to the Board of Elections.
i. In the event of a vacancy on the Board of Elections:
1. The Board of Elections shall promptly notify the Board of County Commissioners of that vacancy.
2. The Board of County Commissioners shall fill the vacancy within sixty (60) days subject to the provision that the person appointed shall be registered to vote in the same political party or in the same other or no-party status as the person previously appointed to the Board of Elections, subject to the conditions set forth in Subsection 8.09(d) above.
3. Any appointment not made by the Board of Commissioners by the required date shall be made by the President Judge of the Court of Common Pleas within ten (10) days thereafter subject only to the limitation in Subsection 8.09(d) above.
HOME RULE 101 SERIES
Article VII: Accountability, conduct and ethicsArticle VI: Initiative and referendumArticle V: Budget and financeArticle IV: Other elected officialsArticle III: Executive branchPreamble, Articles I,II: General powers and legislative branch
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