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Back to search resultsCOMMUNICATION 200644

November 10, 2020 TO THE PRESIDENT AND MEMBERS OF THE COUNCIL OF THE CITY OF PHILADELPHIA: I am hereby returning with my signature Bill No. 200538, which was passed by Council at its session on October 29, 2020. This bill requires that the Police Department have a written policy prohibiting officers from using "less lethal force," such as tear gas and rubber bullets, against individuals lawfully exercising their First Amendment rights. The Law Department identified a potential legal issue regarding enforceability of the bill due to the separation of powers. The Home Rule Charter vests all executive powers in the Mayor, and therefore City Council has no authority to direct the manner in which the Police Department carries out its duties. However, this issue is moot due to my Administration's long-standing agreement with such a policy. That is why the Police Department's policy already prohibits the use of force on individuals engaged in peaceful, constitutionally protected First...

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File details

Status
Placed On File
Type
COMMUNICATION
Introduced
November 12, 2020

Full Bill

End

Timeline

File history

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  1. Council ActionCITY COUNCIL

    READ AND FILED

    Other recorded action without a published tally.

    Official action detail

    This COMMUNICATION was READ AND FILED.

    Source: LegislationDetail.aspx · gridLegislation