The Mayor, The City Representative and Departments, Boards and Commissions under the Mayor

ANNOTATION

• Sources: Act of June 25, 1919, P.L. 581, Article 11, Sections 1 and 6.

• Purposes: The cornerstone of the strong-mayor form of government is the vesting of ultimate responsibility for the conduct of the executive and administrative work and law enforcement in the Mayor.

1. Communicate to the Council at least once a year a statement of the finances and general conditions of the affairs of the City and also such information on financial matters as the Council may from time to time request;
2. Submit to the Council not later than ninety days before the end of the fiscal year his operating budget message and a proposed annual operating budget ordinance for the ensuing fiscal year. In the operating budget message the Mayor shall furnish to the Council the estimated surplus, or deficit, if any, of the current fiscal year and the estimated actual receipts of the City from all sources for the ensuing fiscal year which shall be available for meeting ordinary expenses and all other information pertinent to an operating budget, shall state the known liabilities of every kind which must be met during the year, and shall recommend appropriations included in the proposed annual operating budget ordinance;
3. In connection with his submission of the operating budget, recommend to the Council measures which he believes necessary to balance the budget;
4. At the same time that he submits to the Council the proposed operating budget for the ensuing fiscal year, also submit to the Council the recommended capital program and the recommended capital budget as received from the City Planning Commission to the extent approved by the Mayor;
5. See to it that the City does not, except in case of unforeseeable emergency, incur a deficit in any fiscal year.

ANNOTATION

• Sources: Act of June 25, 1919, P.L. 581, Article II, Section 6, Article XVII, Section 1.
• Purposes:
  1. The Mayor, as the chief executive officer of the City, has the responsibility of shaping and of controlling fiscal policies, subject to powers conferred upon the Council. In discharging this responsibility, the Mayor must submit annually to the Council a financial report of the City and an operating budget message together with an operating budget ordinance. The content of the operating budget message is intended to give a complete picture of the City's financial position, retrospectively and prospectively. In connection with his operating budget, the Mayor is required to take the initiative as to recommendations for balancing the budget.
  2. The Mayor is also required, as part of his fiscal duties, to submit annually a capital program and capital budget. These will be prepared in the first instance by the City Planning Commission, and will be submitted to the Mayor for submission to Council. However, in submitting the capital program and capital budget as recommended by the Commission, the Mayor is free to indicate the extent to which they are approved by him. Thus final recommendations as to capital fiscal policies are also made the Mayor's responsibility.
  3. The Mayor has the general duty of preventing, except in cases of unforeseeable emergencies, the incurring of deficits in any fiscal year. Periodic reports to him through the Director of Finance will help him keep abreast of City financial developments. Should he see that a deficit is being incurred, he is empowered to require the various agencies of the government to reduce their expenditures to the extent deemed necessary. See Section 8-102.

ANNOTATION

• Sources: Act of June 25, 1919, P.L. 581, Article II, Section 6; the Administrative Code of 1929, Act of April 9, 1929, P.L. 177, Section 701, as amended.

• Purposes:
  1. The Mayor is empowered to initiate the consideration of legislation by the Council through the submission to the Council of messages recommending legislative measures in all fields of concern to the City government. This is an essential attribute of a chief executive under a strong-mayor form of government.
  2. The Mayor is required to keep the public advised on the operation of the City government so that its citizens will be currently informed of the manner in which the chief executive is discharging his duties.

ANNOTATION

• Sources: Act of June 25, 1919, P.L. 581, Article II, Section 6.

• Purposes:
  1. The Mayor is empowered to require Council to meet in special sessions to act upon legislation required by public necessity so that any adjournment or recess of Council cannot serve as an excuse for a failure of legislative action.
  2. The Mayor's veto power over legislation is a traditional attribute of the chief executive.

ANNOTATION

• Sources: Act of June 25, 1919, P.L. 581, Article II, Section 6.

• Purposes: The Mayor is empowered to convene his Cabinet for the review and planning of governmental measures and operations. No particular time for cabinet meetings is fixed because meetings at fixed periods might be unnecessary and burdensome.

ANNOTATION

• Sources: No specific source.

• Purposes: The Mayor is charged specifically with the duty of directing the efforts of the City government towards making the City a better place for its inhabitants. This envisages measures for commercial, industrial, economic and social well-being and development.

ANNOTATION

• Sources: New York City Charter, 1938, Chapter 34.

• Purposes:
  1. Information about the City and its government should be readily available to citizens. To accomplish this, the Mayor is required to establish a public information center in his office.
  2. The information agency is also to serve as the investigating arm of the executive branch. Its function is limited to investigations of the operation of the City government. However, the scope of such inquiries may encompass such matters as poor municipal services, corruption of City officials, and misapplication of City funds or property.

ANNOTATION

• Sources: No specific source.

• Purposes: The office of ceremonial representative is created to relieve a busy Mayor from the necessity of attending those public civic and social functions to which a Mayor is customarily invited. It will thus enable the Mayor to devote his time primarily to the operations of the City government. However, the Mayor will decide the extent to which the City Representative shall be his alter ego at public functions.

ANNOTATION

• Sources: No specific source.

• Purposes: The City Representative is required to publicize the City in order to attract commerce, industry, conventions, visitors and new residents to the City. This coincides with his duties as Director of Commerce. Section 4-500. Since his activities are in the realm of public information, the City Representative will prepare public information bulletins for the Mayor.

1. The Administrative Board shall approve or disapprove:
   1. All rules prescribed by departments, boards and commissions for their internal government;
   2. Those parts of the civil service regulations which deal with the position classification plan, pay plan, hours of work, holidays, and vacation and sick leave;
   3. The establishment of bureaus and divisions by departments, boards and commissions and the number of deputies in the several offices and departments;
   4. The payment of extra compensation for extra services to employees of departments, boards and commissions not in the civil service, all approvals to be certified to the City Controller prior to the rendering of such services;
   5. The transfer of inspection duties from any department, board or commission to the Department of Licenses and Inspections;
   6. Requests for the disposal of City records which are not needed for the current or anticipated future operations of any department, board or commission, and which date back a period of more than four years.

2. The Administrative Board shall determine from time to time:
   1. The hours when offices of the City government shall open and close;
   2. By what officers of the City in addition to those of whom fidelity bonds are required by this charter, and by what members of boards and commissions, and by what employees of the City fidelity bonds shall be given and in what amounts;
   3. Whether and within or above what limits the Procurement Department shall procure insurance covering liability of the City and its officers and employees;
   4. The number and type of automobiles and other vehicles to be purchased by the Procurement Department, acting either on its own behalf or as purchasing agent for any other department, board or commission;
   5. Above what limit proposals for the purchase of equipment, material or supplies must be submitted by the Procurement Department to the Director of Finance for approval.

3. The Administrative Board shall make and promulgate rules governing:
   1. The expenses for which officers and employees may be reimbursed;
   2. The use of City automobiles by officers and employees.

4. The Administrative Board shall from time to time investigate duplication of work of the several departments, boards and commissions, the efficiency of the organization and administration thereof, and the better coordination of the activities of such departments, boards and commissions.

ANNOTATION

• Sources: The Administrative Code of 1929, Act of April 9, 1929, P.L. 177, Section 709, as amended.

• Purposes:
  1. The Administrative Board is generally responsible for the determination of uniform policies to govern the myriad of administrative details of government. Its purpose is to promote efficiency and economy at this level of government.
  2. Rules for the internal government of the various agencies are passed upon by the Administrative Board so that they will be uniform and in conformity with general administrative policy.
  3. The Board is to pass upon phases of the civil service regulations which involve the expenditure of moneys so that the regulations will be financially realistic and in conformity with City fiscal policies.
  4. The Board approves or disapproves the internal organization of departments, boards and commissions so that there will not be more bureaus, divisions and deputies than are necessary, and so that such as are authorized will fit into the established scheme of City government.
  5. The approval or disapproval of the payment of extra compensation for extra services of employees not subject to civil service is required to make certain that the work for which extra compensation is to be paid is necessary and will be accomplished. A further check here is the requirement that all approvals shall be certified to the City Controller before extra services are rendered.
  6. The Board is to approve the transfer of inspection duties to the Department of Licenses and Inspections so that this transfer will take place in an orderly manner and only after the Department of Licenses and Inspections is adequately staffed to handle them.
  7. The Board is required to pass upon requests for the disposal of City records because it will be in a position to know which records are no longer needed from the point of view of over-all City operations.
  8. The Board will determine when City offices are to be opened and closed so that policy in this respect will be as far as is possible uniform and related to the needs of the public and the City.
  9. The Board will determine when fidelity bonds are required other than in the instances specified in the Charter and in what amounts they shall be so that policy in this respect may be uniform and determined on the basis of an over-all view of the need of protecting the City.
  10. The Board will decide when liability insurance shall be procured so that it shall not be procured unnecessarily or in too large amounts.
  11. The Board will determine how many and what kind of vehicles are to be procured for the City and will make rules governing the use of City automobiles so that economies may be achieved both in their acquisition and operation.
  12. The Board is given discretion to determine above what limit proposals for purchases shall require the approval of the Director of Finance so that policy in this respect may remain flexible and be determined by the status of City finances and by general economic conditions.
  13. The Board is to determine by rule the kind of expenditures for which officers and employees shall be reimbursed so that policy in this respect may be uniform and sound from the point of view of the expenditure of City funds.
  14. The Board is charged with the general duty of preventing the duplication of work of the various agencies of the City government and of promoting of efficiency in such work and the improved coordination of the activities of the City agencies. The faithful performance of this duty should effect important economies.
  15. Thus, while the shaping and development of broad City governmental policies remain a function of the Mayor and his Cabinet, the responsibility for controlling and regulating the many administrative details of City government is vested in a small compact Board which by virtue of its membership will be particularly qualified to discharge that responsibility.

1. Legal Advice. It shall furnish legal advice to the Mayor, to the Council and to all officers, departments, boards and commissions concerning any matter or thing arising in connection with the exercise of their official powers or performance of their official duties and except as otherwise expressly provided, shall supervise, direct and control all of the law work of the City.
2. Litigation. The Department shall collect by suit or otherwise all debts, taxes and accounts due the City which shall be placed with it for collection by any officer, department, board or commission, and it shall represent the City and every officer, department, board or commission in all litigation. It shall keep a proper docket, or dockets, duly indexed, in which it shall make and preserve memoranda of all such claims, showing whether they are in litigation and their nature and status.
3. Contracts and Bonds. The Department shall prepare or approve all contracts, bonds and other instruments in writing in which the City is concerned, and shall approve all surety bonds required to be given for the protection of the City. It shall keep a proper registry of all such contracts, bonds and instruments.
4. Investigation and Law Enforcement. With the approval of the Mayor, the Department shall investigate any violation or alleged violation within the City of the statutes of the Commonwealth of Pennsylvania or the ordinances of the City which may come to its notice, and shall take such steps and adopt such means as may be reasonably necessary to enforce within the City such statutes and ordinances.
5. Drafting and Codification of Ordinances. Upon request of the Council or of any councilman, or of the Mayor, the Department shall prepare or assist in preparing any ordinance for introduction into the Council, and within two years after the effective date of this charter, it shall prepare and submit to the Council for its consideration, a comprehensive revision and codification of all the general ordinances of the City which are still in effect.

ANNOTATION

• Sources: Act of June 25, 1919, P.L. 581, Article XIII, Sections 3 and 4; the Administrative Code of 1929, Act of April 9, 1929, P.L. 177, Article IX, as amended.

• Purposes:
  1. The Law Department is to be the legal advisor of the Mayor, the Council and all the agencies of the City government. Its work will be primarily concerned with civil rather than criminal aspects of law enforcement. It will thus handle all City litigation. It will prepare and approve for legal sufficiency all City contracts and bonds. It will assist the Council, the Mayor and City agencies in the preparation of ordinances for introduction into Council.
  2. To the extent that the Mayor approves, the Law Department is empowered to investigate violations within the City of State laws or City ordinances and to take reasonably necessary steps to bring about the enforcement of such statutes or ordinances. This section is not intended to transfer to the Law Department the traditional prosecuting powers of the office of the District Attorney, but it does empower the Law Department, short of exercising such powers, to act in the law enforcement field.
  3. The Law Department is charged with the specific duty of preparing for submission to the Council a comprehensive revision and codification of all the general ordinances of the City which are still in effect. See Annotation to Section 2-304.

ANNOTATION

• Sources: The Administrative Code of 1929, Act of April 9, 1929, P.L. 177, Section 908.

• Purposes: This section is necessary to enable the City Solicitor to perform the duties of his office

1. Promotion of Commerce, Industry and the Port of Philadelphia. It shall promote and develop the City's commerce and industry and encourage the increased use of the Port and airports of Philadelphia and to this end shall make recommendations for the coordination of activities of departments, boards and commissions of the City.
2. Wharf, Dock and Harbor Facilities. The Department shall itself, or by contract, maintain, improve, repair and operate City wharf, dock and harbor facilities; when authorized by the Council, acquire, design and construct additional such facilities; and conduct necessary harbor cleaning, deepening, dredging and ice-breaking operations and maintain and operate equipment for such purposes. The Department may grant leases and licenses for the use of City wharf, dock and harbor facilities.
3. Airport Facilities. The Department shall itself, or by contract, maintain, improve, repair, and operate City airport facilities and equipment and when authorized by the Council acquire, design and construct additional such facilities. The Department may grant leases and licenses for use of City airport facilities.

ANNOTATION

• Sources: Act of June 25, 1919, P.L. 581, Article VI, Section 3, as amended, Article IX.

• Purposes:
  1. A new Department of Commerce is established to foster and promote the commercial and industrial growth of the City and of the Port of Philadelphia.
  2. City wharf, dock, harbor and airport facilities are to be managed by the Department of Commerce because of their relationship to the flow of commerce from and to the City. The utilities were formerly managed by the Department of Wharves, Docks and Ferries and the Department of Public Works.
  3. The general powers and duties of the Department of Commerce relating to wharf, dock and harbor and airport facilities include the maintenance, improvement, repair and operation of such facilities. The Department may itself perform these functions or enter into contracts for their performance. The Department is specifically authorized to grant leases and licenses for the use or operation of commerce facilities. Thus the Department will be able to provide food at City airports by restaurant concession contracts; grant licenses for loading or unloading at City docks; and license the use by commercial airlines of City airport facilities. Expansion of facilities may be undertaken only upon the authorization of Council since it would involve, as a rule, substantial expenditures.

ANNOTATION

• Sources: No specific source.

• Purposes: The Department of Commerce may fix rates and charges for use of its facilities in accordance with whatever general policy Council establishes by ordinance. Recoupment of costs is not required because inter-city competition in attracting commerce may necessitate the furnishing of services and facilities at an operating loss. Cf. Section 5-801. The keeping of separate rate accounts is required so that it will be possible to know whether or not facilities are operating at a loss or a profit, a factor which will influence policy determining rates and charges.

ANNOTATION

• Sources: Ordinance of the City of Philadelphia, December 22, 1932.

• Purposes: The Board of Trade and Conventions replaces the Board of Trustees of the Commercial Museum, Exhibition and Convention Halls. The Board was renamed to indicate more clearly its primary functions which are continued without any substantial change. The Board has been connected with the Department of Commerce because it is concerned primarily with the promotion of activities relating to industry and commerce.

ANNOTATION

• Sources: New York City Charter, 1938, Section 197; Model City Charter (1941) Sections 130 and 131.

• Purposes:
  1. The orderly physical development of a city requires current and long-term planning. A master development plan is an important aid to such planning and the Physical Development Plan will furnish the City with such a plan. The Plan is required to show structures and physical and natural conditions subject to regulation, control or modification by the City and important to the physical development of the City. Development of the City is used in the broad sense to include structures and conditions affecting the housing, distribution, health and welfare of its population.
  2. Since the preparation of the over-all Physical Development Plan is a task of major proportions, provision is made for its preparation in successive parts, according to geographical subdivisions of the City, or by functional subdivisions, such as transportation, housing, water supply, and the like.
  3. It is a duty of the Commission to prepare the Plan and then to submit it and modifications of it to the Mayor and City Council so that both the executive and legislative branches of the government will be apprised of its content when considering any action which may impinge upon it.
  4. While there is no express provision for the Commission to hold hearings on its proposals concerning the Physical Development Plan, such hearings are not precluded and, as a matter of sound procedure and good public relations, should be held.
  5. For the effect of the Physical Development Plan see Sections 2-307, 4-604 and 8-206.

ANNOTATION

• Sources: New York City Charter, 1938, Section 200; Model City Charter (1941) Section 127.

• Purposes:
  1. The zoning laws of a city should be related to its physical development planning. This relationship is to be achieved by having the City Planning Commission prepare proposed zoning ordinances, which as a matter of practice may embody regulations and maps. However, the enactment of proposed zoning ordinances into law is a function of the Council.
  2. For the relationship of zoning legislation and recommendations of the City Planning Commission, see Sections 2-307 and 4-604.

ANNOTATION

• Sources: New York City Charter, 1938, Section 218; Model City Charter (1941) Section 127.

• Purposes:
  1. The capital program and capital budget are vital steps in planned city development. For that reason their initial preparation is a function of the City Planning Commission.
  2. For the relationship between capital program and budget legislation and the recommendations of the City Planning Commission see Sections 2-303 and 4-604.

ANNOTATION

• No specific source.

• Purposes:
  1. The laying out of city streets and the subdivision of city land are integral parts of planned city development. For this reason, regulations governing the subdivision of land, as well as the approval or disapproval of plans of streets and revision of such plans and land subdivision plans, fall within the province of the City Planning commission. The Commission has forty-five days instead of thirty to approve such matters because of their technical nature.
  2. For the relationship between legislation affecting the subject matter of this section and the recommendations of the commission, see Sections 2-307 and 4-604.

ANNOTATION

• Sources: No specific source.

• Purposes:
  1. The recommendations of the City Planning Commission are required on all legislation originating in the Council which affects in any manner any subject matter within the jurisdiction of the Commission so that Council will have an opportunity to be advised of the effect of such proposed legislation on City development. The Commission with its expert knowledge and its facilities for appraising all such legislation is thus required to render technical assistance to the Council to enable the Council to act in a completely informed manner in this area. To assure the Council of necessary freedom on action, the Commission is required to furnish its report to the Council within specified time limits.
  2. Council, after it has received the recommendations of the Commission, or if the Commission fails to act within the required time, remains free to take such action with respect to the proposed legislation as it deems fit. See Section 2-307. It is not required that the Commission's action shall be binding on the Council or that more than a majority vote of the Council shall be necessary to override the Commission's recommendation because experience in other cities indicates that such restrictions are not in the best interests of well-planned city development.
  3. While the Charter does not require public hearings before the Commission on matters upon which the Commission is empowered to act, such hearings are required to be held whenever any matter within the jurisdiction of the Commission reaches the legislative stage. See Section 2-201. The Physical Development Plan is not to be adopted legislatively, but good Commission procedure and public relations will result in the Commission scheduling hearings on important aspects of the Plan. The Commission is not precluded from holding public hearings on other matters within its jurisdiction and here too sound procedure and good public relations should result in hearings being held on important questions.

ANNOTATION

• Sources: Ordinance of the City of Philadelphia, March 12, 1948.

• Purposes:
  1. The powers and duties of the commission on Human Relations are broader in scope than those of the Philadelphia Fair Employment Practices Commission because the essential problem present in the area of prohibiting discrimination because of race, color, creed, or national origin in the employment field is present in many other areas of human relations. The Commission on Human Relations takes over the specific powers and duties of the Philadelphia Fair Employment Practices Commission. But for the reason stated, it is given the larger jurisdiction of administering and enforcing all statutes and ordinances prohibiting discrimination where such jurisdiction is not vested specifically in any other agency. For example, while the Civil Service Commission will hear appeals of civil service employees whose dismissal, demotion or suspension is alleged to have been due to discrimination because of race, color, religion or national origin (See Section 7-201), the Commission on Human Relations will deal with problems of such discrimination arising in the hiring of City employees. For a person discriminated against in the hiring process has no appeal under the Charter to the Civil Service Commission. See Section 7-201.
  2. Because the combating of discriminatory practices is not solely a problem of legally enforceable prohibitions against discrimination, but involves to a very great extent education, the Commission is charged with the duty of instituting and conducting educational programs which will promote equality of right and opportunity where at present such equality is lacking because of discriminatory practices based on race, color, religion or national origin. The promotion of understanding among different peoples is one of the educational functions of the Commission.

ANNOTATION

• Sources: Ordinance of the City of Philadelphia, March 12, 1948.

• Purposes: As a part of its law enforcement and educational program, the Commission is empowered to investigate complaints of or on its own initiative to undertake investigations of discriminatory practices. The exercise of this power is not limited to legally prohibited discriminations. Public hearings and public findings are authorized in the belief that they will promote education, inhibit discriminatory practices, and yield factual data for any necessary action, executive or legislative.

ANNOTATION

• Sources: Ordinance of the City of Philadelphia, December 31, 1894.

• Purposes: The powers and duties of the Board of Trustees of the Free Library of Philadelphia have been continued substantially as at present, subject to other provisions of the Charter of general application, such as those pertaining to civil service and procurement, because no urgent reasons for their modification were presented and because of a desire not to affect otherwise any contractual arrangements whereby the Free Library received funds from private sources for establishing public libraries.