ARTICLE X: TRANSITIONAL PROVISIONS Section 10.01 Nature of Article. The provisions of this article shall relate to the transition from Lancaster County's existing form of government to the form of government provided for in this charter. Where inconsistent with the preceding articles of this charter, the provisions of this article shall constitute temporary exceptions thereto.
Section 10.02 Effective Date. This charter shall, upon approval by referendum in the manner provided by law, become effective on the first Monday of January 2010. However, from the time of its adoption by the voters of the County, this charter shall be in effect to the extent necessary in order that the first election may be conducted for the elective positions in accordance with the provisions of this charter and to the extent necessary to ensure a smooth and seamless transition from the existing form of government to the form of government provided for in this charter.
Section 10.03 Schedule of Election. The first election of officials to fill positions in the form of government provided for in this charter shall be held at the municipal election in 2009. Candidates for election shall be nominated in conformance with the Pennsylvania Election Code at the municipal primary election in the year 2009 in accordance with Article II, Section 2.04 and Article IV, Section 4.04.
Section 10.04 Elective Offices Consolidated/Abolished. The duties and functions vested in the offices of Register of Wills, Clerk of Courts, and Prothonotary by the Acts of the General Assembly are hereby consolidated into a new elective office, Clerk of Judicial Records. The office of Jury Commissioner is hereby abolished.
Section 10.05 Salaries of Elected Officials. Elected officials of the County whose terms of office continue beyond the effective date of this charter shall be entitled to remain in office at the same rate of compensation until their terms expire. The annual salaries for the first term under this charter, and until otherwise changed by action of the Board of County Commissioners, shall be as follows:
Chairperson, Board of County Commissioners: $93,465. Member, Board of County Commissioners: $92,465. Clerk of Judicial Records: $80,483. Controller: $80,483. Coroner: $80,483. Recorder of Deeds: $80,483. Sheriff: $80,483. Treasurer: $80,483.
Section 10.06 Continuity.
a. All County ordinances, resolutions, rules and regulations in force at the time this charter becomes effective which are not inconsistent with the provisions of this charter shall continue in force until amended, superseded or repealed. Unless prohibited by the Constitution of the Commonwealth of Pennsylvania or an Act of the General Assembly of Pennsylvania, all laws relating to or affecting this County or any of its elected officials, offices, departments, administrative units, authorities, agencies, boards, commissions, or employees in force when this charter becomes effective are superseded to the extent that they are inconsistent or interfere with the effective operation of this charter or any ordinances or resolutions adopted pursuant thereto.
b. All rights, orders, actions, contracts and legal or administrative proceedings of, or involving, the County government shall continue except as modified pursuant to the provisions of this charter.
c. All offices, departments, agencies, administrative units, boards, commissions and authorities in operation at the time this charter takes effect shall continue in operation after the effective date of this charter unless they are modified or abolished by this charter or by ordinances adopted under this charter. It is the intent of this charter to incorporate all programs and functions of all County offices, departments, administrative units, authorities, agencies, boards and commissions existing on the effective date of this charter into the operational structure defined in this charter unless the charter provides specifically to the contrary.
d. If a department, office, agency, administrative unit, board, commission or authority is abolished by this charter, its powers and duties shall be transferred to the department, office, agency, administrative unit, board, commission or authority designated in this charter. Where this charter does not specifically designate the department, office, agency, administrative unit, board, commission or authority to which existing programs and functions are assigned, such assignment shall be provided for in the Administrative Code.
e. The County shall continue to own, possess, and control all rights and property, of every kind and nature, owned, possessed or controlled by it when this charter takes effect, and shall be subject to all its debts, obligations, liabilities, and duties.
Section 10.07 Officers and Employees. Nothing in this charter, except as otherwise specifically provided, shall affect or impair the rights or privileges of elected County officials, County employees, or members or employees of County boards or commissions at the time of its adoption, and nothing shall diminish the rights or privileges of any former employee or any present employee in his/her pension or retirement benefits.
Section 10.08 Transitional Procedure.
a. Upon certification by the Board of Elections of approval of this charter, a Transition Committee consisting of twelve (12) persons shall be established to assist in the smooth transition from Lancaster County's existing form of government to the form provided for in this charter. To that end, the Transition Committee shall draft necessary ordinances, rules and regulations including the Administrative Code required by the charter in order that they may be adopted by Board of County Commissioners subsequent to the effective date of this charter. The Transition Committee shall be comprised initially of two (2) members of the Government Study Commission selected by the Chairperson of the Government Study Commission, one (1) of the then-serving County Commissioners, one (1) County row officer selected by the then-serving row officers, the County Administrator, the County Solicitor, and three (3) heads of County departments, one of whom shall be the head of the Human Resources Department, appointed by the Board of County Commissioners. All designations of Committee membership shall be made by December 10, 2008. Any vacancies occurring in the membership must be filled within 30 days by the Committee.
b. The temporary Chair of the Transition Committee, who will be one of the Government Study Commission representatives on the Transition Committee, shall convene the first meeting of the Committee no later than December 15, 2008. The first order of business at that meeting shall be the selection of three (3) additional community members of the Transition Committee, selected by the nine (9) initial Committee members. Those three (3) additional community members shall be experienced in business, finance, personnel, or other factors demonstrating competence in an undertaking of this magnitude.
c. Members of the Transition Committee shall serve without compensation but shall be entitled to reimbursement by the County for necessary expenses incurred in the performance of their duties. The County shall appropriate moneys necessary for the Transition Committee to fulfill its responsibilities as outlined in this charter. Within the limits of the appropriations and other public and privately contributed funds and services made available to it, the Transition Committee may appoint one or more consultants and clerical and other assistants to serve at the pleasure of the Committee and may fix reasonable compensation to be paid the consultants and clerical and other assistants.
d. The Board of County Commissioners in office in 2009 shall prepare and adopt in 2009 the County budgets for 2010, complying insofar as possible with this charter; but the aforesaid shall in no way limit the power of the Board of County Commissioners taking office on the first Monday of January 2010 from revising the budgets for 2010 as authorized by this charter.
Section 10.09 Procedure for Adoption of the Administrative Code and the Accountability, Conduct and Ethics Code.
a. By December 15, 2009 the Transition Committee to be established in accordance with Section 10.08 above shall propose and submit to the Board of County Commissioners an Administrative Code and an Accountability, Conduct and Ethics Code for the County government consistent with recognized best practices and the provisions, spirit and purpose of this charter.
b. The Board of County Commissioners shall adopt an Administrative Code and an Accountability, Conduct and Ethics Code by ordinance with or without amendments. If the Board of County Commissioners fails to adopt an Administrative Code by March 1, 2010, the Administrative Code as proposed by the Transition Committee shall stand adopted and shall become effective immediately. If the Board of County Commissioners fails to adopt an Accountability, Conduct and Ethics Code by March 1, 2010, the Accountability, Conduct and Ethics Code as proposed by the Transition Committee shall stand adopted and shall become effective immediately.
c. The Board of County Commissioners at any time may by ordinance adopt amendments to the Administrative Code and to the Accountability, Conduct and Ethics Code.
Section 10.10 Sequence of Transitional Changes. Upon certification by the Board of Elections of approval of this charter, the following sequence of actions shall be implemented by the Board of County Commissioners:
Action/Completion Date
1. First nomination of candidates for Board of County Commissioners (2 members); nomination of Controller and Recorder of Deeds: Primary Election of 2009
2. First election of members of Board of County Commissioners (2 members); election of Controller and Recorder of Deeds: Municipal Election of 2009
3. First meeting of Board of County Commissioners under provisions of home rule: First Monday of January 2010
4. Selection of Chairperson and Vice Chairperson of Board of County Commissioners: First Monday of January 2010
5. Approval of Administrative Code: Not later than March 1, 2010
6. Approval of Accountability, Conduct and Ethics Code: Not later than March 1, 2010
7. Appointment of County Administrator: Not later than March 1, 2010 (but not before approval of the Administrative Code and the Accountability, Conduct and Ethics Code)
8. Approval of a multi-year strategic plan and a multi-year fiscal plan: October 1, 2010
9. Nomination and election of 3 members of Board of County Commissioners; nomination of District Attorney, Sheriff, Coroner, Treasurer and Clerk of Judicial Records: Primary and Municipal Elections of 2111
10. Abolishment of offices of Jury Commissioner; consolidation of offices of Clerk of Courts, Register of Wills and Prothonotary; assumption of duties by first Clerk of Judicial Records: First Monday of January 2012
Section 10.11 Temporary Ordinances.
a. The Board of County Commissioners may, within ninety (90) days of the effective date of this charter, adopt temporary ordinances to deal with cases in which there is urgent need for prompt action in connection with the transition of government and in which the delay incident to the appropriate ordinance procedure may cause serious hardship or the impairment of effective County government. Every temporary ordinance shall be plainly labeled as such but shall be introduced in the form and manner prescribed for ordinances generally.
b. A temporary ordinance may be considered and may be adopted with or without amendment at the meeting at which it is introduced, except that if a public hearing is required by this charter for the type of ordinance proposed, then a public hearing must be held. A temporary ordinance shall not be subject to referendum and shall become effective upon enactment or at such later time as it may specify. A summary of a temporary ordinance shall be published promptly after enactment in at least two (2) newspapers of general Countywide circulation, shall be posted conspicuously for public inspection at the office of the Board of County Commissioners, shall be posted on the County's website and/or other electronic media, and shall be made available for public distribution at a charge not to exceed the cost of reproduction.
c. Every temporary ordinance, including any amendments made thereto after enactment, shall automatically stand repealed as of the effective date of the Administrative Code and shall not be re-enacted, renewed, or otherwise continued except in the manner prescribed in this charter for ordinances of the kind concerned.
Section 10.12 Administrative Organization. Subject to the provisions of this charter and until the effective date of the Administrative Code, the County Administrator shall have the authority to issue written directives, including personnel policies and procedures, for the administration of the Administrative Branch in such a manner as he/she shall deem necessary for the most efficient operation of the County government. Copies of all such directives shall be forwarded to the Board of County Commissioners and the Controller and shall be posted on the County's website and/or other electronic media within two (2) days after being issued.
HOME RULE 101 SERIES
Article IX: Miscellaneous provisions
Article VIII: Authorities, agencies, boards and commissions
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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