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November 15, 2007 TO THE PRESIDENT AND MEMBERS OF THE COUNCIL OF THE CITY OF PHILADELPHIA: I am returning herewith as disapproved Bill No. 070275-A, passed by City Council on October 25, 2007. This Bill would amend Title 6 of the Philadelphia Code, the Health Code, to require that the City provide its firefighters with hearing protection when the firefighters are subject to sound in excess of 85 decibels when riding fire-fighting apparatus or when near power tools to other loud equipment place certain requirements on the city with respect to equipment provided to firefighters and place certain requirements on City firefighters with respect to use of that equipment. I wholly support the goals of this legislation, however, the City Solicitor has returned the Bill unsigned. Council's attempts to direct the work of departments of the City Administration violates the separation of powers set forth in the Home Rule Charter. The Mayor and the agencies of...

AI summary

This communication reports the Mayor’s disapproval of Bill 070275-A, a proposal that would have required the City to provide Philadelphia firefighters with hearing protection when exposed to sound above 85 decibels while riding fire apparatus or working near power tools and other loud equipment. The proposal also would have set requirements for the City and firefighters regarding the equipment’s use; the communication was placed on file and does not enact those requirements.

File details

Status
PLACED ON FILE
Introduced
November 15, 2007
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Full text

Title

November 15, 2007

TO THE PRESIDENT AND MEMBERS OF THE

COUNCIL OF THE CITY OF PHILADELPHIA:

I am returning herewith as disapproved Bill No. 070275-A, passed by City Council on October 25, 2007. This Bill would amend Title 6 of the Philadelphia Code, the Health Code, to require that the City provide its firefighters with hearing protection when the firefighters are subject to sound in excess of 85 decibels when riding fire-fighting apparatus or when near power tools to other loud equipment place certain requirements on the city with respect to equipment provided to firefighters and place certain requirements on City firefighters with respect to use of that equipment.

I wholly support the goals of this legislation, however, the City Solicitor has returned the Bill unsigned. Council's attempts to direct the work of departments of the City Administration violates the separation of powers set forth in the Home Rule Charter. The Mayor and the agencies of the Administrative and Executive branches are vested with executive and administrative powers of government. The Home Rule Charter, specifically, designates to the Fire Department, the authority to “equip” and “supervise and discipline” the City's firefighters. Charter Sec. 5-400(d).

In addition, the lump sum budgeting provisions of Section 2-300(2) of the Charter prohibit Council from making appropriations for purposes more narrow than certain specifically enumerated categories or “[s]uch additional classes as the Mayor shall recommend in his proposed annual operating budget ordinance.” As such, the Charter prohibits Council from directing the Administration as to how City agencies should carry out their Charter-established powers and duties and how the Administration should spend appropriated funds.

For the above reasons, I cannot support Bill 070275-A.

Respectfully submitted,

John F. Street

Mayor

End

File history

Sometimes city council's record keeping is not complete. This timeline reflects the information on the council's legistar website.
  1. Council actionCITY COUNCIL

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