1. All existing offices except the City Controller, the City Treasurer and the City Commissioners;

2. All existing executive or administrative departments, bureaus and divisions;

3. All existing boards and commissions except the Commissioners of Fairmount Park, the Board of Trustees of the Free Library of Philadelphia, the Board of Trustees of the Atwater Kent Museum, and the City Housing Rent Commission which shall continue as a temporary Commission until the Council shall abolish it.

The functions of all officers, departments, boards and commissions of the City shall, after the effective date of this charter, be those herein contained unless expressly otherwise stated.

Except as otherwise specifically provided, this charter shall not apply to the Board of Directors of City Trusts and to any institutions operated by it.

ANNOTATION

• Sources: See the Administrative Code of 1929, Act of April 9, 1929, P.L. 177, Section 2.

• Purposes:
  1. Since the Charter reorganizes the City government completely, all offices, departments, boards and commissions other than those excepted are abolished.
  2. The officers listed in subsection (a) are also County officers and are therefore not abolished.
  3. The City Housing Rent Commission is not abolished or dealt with in the Charter because it is a temporary agency. The other boards and commissions listed in subsection (c) are not abolished because they hold privately donated property in trust.
  4. The Board of City Trusts is generally not dealt with by the Charter to protect its special status as a trustee.

1. Within the scope of their respective functions under this charter, the following departments created by this charter shall, in addition to such other powers and duties as are conferred upon them by this charter or by ordinance, exercise the powers and perform the duties of the following offices, departments and boards abolished by this charter:

   Law Department

   City Solicitor and
   Department of Law;

   Department of Commerce

   Department of Wharves, Docks and Ferries and
   Department of Public Works;

   Police Department

   Director of Public Safety and
   Department of Public Safety;

   Department of Public Health

   Department of Public Health;

   Fire Department

   Fire Marshal, Department of Public Safety, and
   Board of Examiners for Motion Picture Licenses;

   Department of Streets

   Department of Public Safety, Department of Public Works, and
   Board of Highway Supervisors;

   Department of Recreation

   Department of Public Welfare;

   Department of Public Welfare

   Department of Public Welfare;

   Water Department

   Department of Public Works,

   Department of Public Property

   Department of City Transit, Department of Public Works,
   Department of Public Safety, and Department of City Architecture;

   Department of Licenses and Inspections

   Department of Public Safety, Department of Public Health,
   Department of Public Works, and Board of Plumbing Supervision;

   Auditing Department

   Department of City Controller;

   Procurement Department

   Department of Supplies and Purchases.

2. All rights, powers and duties which have heretofore been vested in, exercised by or imposed upon any officer whose office is abolished by this charter or any department, board, commission, bureau or division abolished by this charter, or any deputy, assistant, officer, agent or other subordinate or employee thereof, and which are by this charter transferred either in whole or in part to an office, department, board or commission created by this charter, shall be vested in, exercised by and imposed upon the office, department, board or commission to which the same are transferred by this charter and not otherwise. Every act done in the exercise of such rights and powers and the performance of such duties shall have the same legal effect as if done by the former office, department, board, commission, bureau or division, or deputy, officer, agent or other subordinate or employee thereof. Every person and corporation shall be subject to the same obligations and duties, and shall have the same rights arising from the exercise of such rights or powers or in the performance of such duties as if such rights, duties or powers had been exercised or such duties performed by the office, department, board, commission, bureau or division, or deputy, officer, agent or other subordinate or employee thereof designated in the respective statutes or ordinances which are to be administered by offices, departments, boards or commissions created by this charter. Every person and corporation shall be subject to the same penalties, civil or criminal, for failure to perform any such obligation or duty or for doing a prohibited act, as if such obligation or duty arose from or such act were prohibited in the exercise of such rights, powers and duties by the office, department, board, commission, bureau or division, or deputy, officer, agent or other subordinate or employee thereof designated in the respective statutes and ordinances which are to be administered by the offices, departments, boards and commissions created by this charter.

ANNOTATION

• Sources: See the Fiscal Code of 1929, Act of April 9, 1929, P.L. 343, Section 3.

• Purposes:
  1. Subsection (1) indicates the departments to which functions are transferred from agencies under the 1919 Charter. In cases where functions of one of the departments under the 1919 Charter are transferred to several departments under this Charter, the particular functions transferred to a particular department are determined by reference to the Charter functions of the new department. Old functions coming within the scope of new functions of the new department, are transferred to such department. Thus, of the functions of the Department of Public Safety, police functions, traffic functions, fire functions, electrical bureau functions pertaining to the maintenance of City buildings, and building safety and licensing functions are transferred to new departments within the scope of whose functions they fall, to wit, respectively, the Police Department, Department of Streets, Fire Department, Department of Public Property and Department of Licenses and Inspections.
  2. Subsection (2) is necessary to accomplish the reorganization required by the Charter.

ANNOTATION

• Sources: The Fiscal Code of 1929, Act of April 9, 1929, P.L. 343, Section 4.

• Purposes: This Section is necessary to accomplish the reorganization required by the Charter.

ANNOTATION

• Sources: No specific source.

• Purposes: This section is necessary to accomplish the reorganization required by the Charter. Reference to City employees as being "temporary appointees" or "temporarily placed" is not intended to denote that employees under the 1919 Charter become, upon this Charter going into effect, "temporary" employees in the sense in which that term is used in civil service parlance. They do not lose their employment status upon this Charter taking effect but may be assigned temporarily to new agencies as provided in this section pending complete reorganization. See Section A-104.

Employees of the City at the time of the adoption of this charter and employees of any other governmental agency who may become employees of the City by virtue of amendment of the Constitution of the Commonwealth of Pennsylvania and the enactment of any legislation required by such amendment, who were not appointed after civil service test and certification shall also be continued in their respective positions provided that within one year after this charter takes effect or within one year after any such constitutional amendment and such legislation become effective they pass a qualifying test prescribed by the Personnel Director and approved by the Civil Service Commission.

Those who fail to so qualify shall be dismissed from their positions within thirty days after the establishment of an eligible list for their respective positions. Nothing herein shall preclude the reclassification or reallocation as provided by the civil service regulations of any position held by any such employee.

ANNOTATION

• Sources: A Model State Civil Service Law, Section 11.

• Purposes:
  1. The Annotations to the provision appearing in "A Model State Civil Service Law" reads as follows:

     "By far the most common method provided in civil service laws for determining the status of incumbents has been 'blanketing in'. Under such procedure a person holding a position in the 'classified service' at the time the act takes effect becomes a classified service employee without regard to formal proof of fitness and is thereafter subject in all respects to the provisions of the act. Another method often resorted to is to require incumbents to qualify after noncompetitive examinations to retain their places. A less common method gives no privilege of continuance in employment to incumbents.

     "The method proposed in this draft, which has been employed in some jurisdictions, represents a middle ground compromise. It provides for the establishment of reasonable standards of fitness for retention in the service and yet avoids the obvious administrative difficulties resulting from holding open competitive examinations for all positions."

  2. It is the intention of this section of the Charter that:
     1. Employees in the civil service as a result of test and certification under the 1919 Charter automatically become civil service employees under this Charter. As such they are subject all the requirements of civil service employees under this Charter and are entitled to all the rights of such employees.

     2. Non-civil service employees under the 1919 Charter or civil service employees thereunder not employed after a civil service test and certification automatically retain their employment status for a period of one year. To remain thereafter in the employ of the City as civil service employees they must take and pass a qualifying examination. The examination required is not intended to be a competitive test nor need it be a written one. Its sole purpose is to establish that a former non-civil service employee or employee not appointed pursuant to test and certification meets certain minimum qualifications necessary to perform the duties of the position which he holds. Experience and a previous record of satisfactory performance are factors to be considered in the test rating. It is not the intention of this section to take off the City payroll employees who have faithfully and creditably performed their duties of employment prior to the effective date of this Charter merely because they were not civil service employees pursuant to test and certification under the 1919 Charter. The presumption should be that such employees are qualified to continue their employment but as civil service employees. To protect the interest in the respects noted of such employees, it is required that the Civil Service Commission itself in this instance shall approve the qualifying test prescribed by the Personnel Director.

  3. The comments above are equally applicable to County employees who may become City employees by virtue of City-County consolidation.

ANNOTATION

• Sources: No specific source.

• Purposes: Reorganization should not affect existing pension and retirement rights.

ANNOTATION

• Sources: The Fiscal Code of 1929, Act of April 9, 1929, P.L. 343, Section 5.

• Purposes: Reorganization is not intended to suspend or discontinue any pending proceedings in the sense in which that term is used in this section.

ANNOTATION

• Sources: See the Fiscal Code of 1929, Act of April 9, 1929, P.L. 343, Section 6.

• Purposes: This section is necessary to accomplish the reorganization required by the Charter.

ANNOTATION

• Source: No specific source.

• Purposes: Reorganization is not intended to terminate or suspend existing contracts and obligations.

ANNOTATION

• Sources: See the Fiscal Code of 1929, Act of April 9, 1929, P.L. 343, Section 7.

• Purposes: This section is necessary to accomplish the reorganization required by this Charter.

ANNOTATION

• Sources: The Administrative Code of 1929, Act of April 9, 1929, P.L. 177, Section 2902.

• Purposes: This section treats certain provisions of this Charter as being but a continuation of certain statutes or ordinances so that the legal effect of such statutes and ordinances shall not be considered to have terminated or to have been suspended at any time.

ANNOTATION

• Sources: No specific source.

• Purposes: It is the duty of the Council under the 1919 Charter during the period between April 17, 1951 and the first Monday of January, 1952 and the new Council under this Charter to implement this Charter by ordinances to the extent required by this Charter.

1. The Mayor and the members of the Council shall be elected in 1951 under the provisions of this charter, and for that purpose section 2-100, section 2-101, section 2-102, section 2-103, section 3-200, and section 3-300 shall become effective immediately upon the adoption of this charter by the electors.

2. If the electors in adopting this charter shall vote in the affirmative on Question No. 3, a Revenue Commissioner (heretofore called "Receiver of Taxes") shall not be elected in 1951. If the electors shall vote in the negative on Question No. 3, section 3-100(a) shall, insofar as it changes the title of "Receiver of Taxes" to "Revenue Commissioner," become effective upon the adoption of this charter so as to permit a Revenue Commissioner to be elected in 1951, but the Receiver of Taxes may continue to use that title until the first Monday of January, 1952.

3. All appropriations made in the budget ordinance for the year 1952 shall be made to the then existing offices, departments, boards and commissions of the City or their successors under this charter. Provision shall also be made in the budget ordinance for the year 1952, for any offices, departments, boards or commissions created by this charter to exercise new functions and any such provision may be increased in 1952 notwithstanding sections 2-300 and 2-301 of this charter.

4. The Mayor shall appoint promptly upon taking office in 1952 all officers and department heads which this charter authorizes him to appoint; the Managing Director and Director of Finance shall promptly upon taking office appoint the officers whom this charter authorizes them to appoint; and the Civil Service Commission shall promptly upon taking office appoint Personnel Director. Insofar as possible, the new officers and new department heads shall immediately assume charge of the functions over which this charter gives them jurisdiction but in cases in which the functions of abolished departments, boards or commissions are divided among several departments, boards or commissions, reorganization under this charter shall proceed as promptly as possible, but in such a way as not to disrupt the continuous conduct of the City's business. The old departments may be continued until the new departments are ready to function, and the Mayor may designate any of the new department heads to serve as acting heads of one or more of the old departments until the reorganization is completed. The reorganization shall in all cases be completed and the old departments shall cease to exist not later than July 1, 1952.

5. Appropriations to the Personnel Director and to the Civil Service Commission shall be made in the budget ordinance for the year 1952 as required by this charter.

ANNOTATION

• Sources: No specific source.

• Purposes:
  1. While this Charter becomes effective for the most part in 1952, certain of its provisions must necessarily become operative before that time.
  2. Thus as a Mayor and Council are to be elected to take office in January 1952 as provided by this Charter, provisions pertaining to their election had to become effective immediately upon adoption of the Charter [subsection (1)].
  3. Likewise, appropriations must be made in 1951 for 1952 operations of officers and agencies under this Charter. If such appropriations are made to agencies under the 1919 Charter, as they may be made, the funds appropriated are to be allocated administratively to the new agencies under this Charter upon their establishment in 1952, according to functions transferred. Thus an appropriation in 1951 for 1952 to the Department of Public Safety will be divided in 1952 among the Police Department, Fire Department, Department of Streets, etc. Since it will not be possible to predict with complete accuracy the amount of funds which will be needed for new agencies exercising new functions, appropriations made in 1951 may be increased in 1952; the prohibition of Sections 2-300 and 2-301 will not be applicable in this instance.
  4. Subsection (4) stresses the intention that this Charter shall be promptly and completely put into effect in 1952 and therefore places an ultimate time limit for completing the reorganization required by July 1, 1952.
  5. The appropriation in 1951 for the Personnel Director's and Civil Service Commission's operations in 1952 must be an amount equal to at least one-half of one percent of the aggregate of all appropriations for compensation to City employees who will be subject to civil service in 1952. See Section 2-300 (4) (a).