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Source: LegislationDetail.aspx · gridLegislation
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WHEREAS, Bill No. 100212, which was enacted into law on April 22, 2010, was intended to substantially decrease the compensation for all members of the Board of Revision of Taxes; and
WHEREAS, City Council voted to enact Bill No. 100212 based on the assumption that members of the Board of Revision of Taxes were not public officials under the Pennsylvania Constitution, and that their salaries would be reduced immediately upon passage of legislation; and
WHEREAS, Bill No. 100212 was passed in reliance on the laws that existed on April 22, 2010, that would have abolished the Board of Revision of Taxes and eliminated all duties of the members of the Board as of October 1, 2010; and
WHEREAS, After the enactment of Bill No. 100212, the Pennsylvania Courts found the ordinance, approved by the voters of Philadelphia, that purported to abolish the Board of Revision of Taxes to be unconstitutional in part, so that the Board remains in existence to date, fulfilling its appellate responsibilities; and
WHEREAS, The Pennsylvania Courts subsequently held that Bill No. 100212 was also unconstitutional if applied as intended, and therefore, the compensation of the sitting members of the Board was not immediately reduced as intended; and
WHEREAS, It was never the intent of Bill No. 100212 to apply the compensation reductions solely to future terms of members of the Board of Revision of Taxes; now, therefore
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. In reliance on the Commonwealth Court decision, issued on March 20, 2013, (
Meade, et al v. City of Philadelphia
, 65 A.3d 1031), affirming the ruling of the Philadelphia Court of Common Pleas decision that provisions in Bill No. 100212 violated the Pennsylvania Constitution, Article III, § 27, by attempting to reduce the compensation of members of the Board of Revision of Taxes during their term of office, Council hereby amends Section 20-304(7) of The Philadelphia Code by repealing and abrogating Bill No. 100212, and reverting to the compensation as set forth in Section 20-304(7) immediately preceding April 22, 2010.
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