EXECUTIVE AND ADMINISTRATIVE BRANCH

Philadelphia Home Rule Charter art. VIII, ch. 4

in effect

Philadelphia Home Rule Charter § 8-400 Certain General Provisions to Apply to Certain Officers.

§ 8-400. Certain General Provisions to Apply to Certain Officers. All of the provisions of this charter which apply generally to department heads or departments, boards and commissions shall apply to the Mayor, the Managing Director, the Director of Finance, the City Treasurer, the City Representative, the Insurance Public Advocate, the Public School and Child Advocate, the Victim Advocate, the Chief Public Safety Director, the heads of offices created under this Charter and the Personnel Director and to their offices. ANNOTATION Sources: No specific source. Purposes: Certain provisions of this Charter apply generally to all department heads and to the principal officers of the executive and administrative branch. To avoid listing in each such section the offices of the Mayor, the Managing Director, the Director of Finance, the City Treasurer, the City Representative and the Personnel Director, reference is made generally to department heads, or departments, boards and commissions and such a reference includes the particular officers listed in this section. See, for example, Sections 8-405 and 8-406. The City Controller is regarded as a department head since he is the head of the Auditing Department. Notes 271 | Amended by approval of the voters at the election held on November 4, 2003 and certified on December 1, 2003. See Bill No. 030220 (approved May 15, 2003); Resolution No. 030231 (adopted May 1, 2003). Amended by approval of the voters at the election held on November 6, 2007, and certified on November 26, 2007. See Bill No. 070395 (approved September 20, 2007); Resolution No. 070411 (adopted June 14, 2007). Amended by approval of the voters at the election held on November 3, 2020, and certified on November 23, 2020. See Bill No. 200208 (approved July 1, 2020); Resolution No. 200216 (adopted June 25, 2020). Amended by approval of the voters at the election held on May 16, 2023, and certified on June 5, 2023. See Bill No. 230106 (became law March 23, 2023); Resolution No. 230115-A (adopted March 9, 2023). Amended by approval of the voters at the election held on November 7, 2023, and certified on November 30, 2023. See Bill No. 230411 (approved July 12, 2023); Resolution No. 230430 (adopted June 22, 2023). See Charter subsection A-200(26) for effective date.

Philadelphia Home Rule Charter § 8-401 Coordination of Work.

§ 8-401. Coordination of Work. The several departments, boards and commissions shall devise a practical and working basis for cooperation and coordination of work, eliminating duplication and overlapping of functions, and shall so far as practicable cooperate with each other in the use of employees, land, buildings, quarters, facilities and equipment. The head of any department or any board or commission may empower or require an employee of another department, board or commission, subject to the consent of the head of such department or of such board or commission, to perform any duty which the head of such department, board, or commission, might require of the employees of such department, board or commission. Whenever in this charter power is vested in a department, board or commission to inspect, examine, or secure data or information or to procure assistance from any other department, board or commission, a duty is hereby imposed upon the department, board or commission upon which demand is made to render such power effective. ANNOTATION Sources: The Administrative Code of 1929, Act of April 9, 1929, P.L. 177, Sections 501 and 502. Purposes: 1. Cooperation among the various City agencies and the coordination of their work are necessary for the effective execution of their functions and to effect economies in the cost of their operations. 2. Occasions may frequently arise where economies may be effected by one agency using an employee of another agency on a temporary basis or where a specific task committed to a given agency may be more effectively performed by a particular employee of another agency. In such instances an employee of another agency may be empowered or required to perform such duties as an agency head could require of his own employee, if the head of the other agency consents to his employee's performing the task in question. 3. All agencies are required to furnish information or assistance to other agencies empowered to obtain such information or to request such assistance so that such powers, granted by this Charter, will not be frustrated by the denial of an obligation to comply. Notes 272 | Amended by approval of the voters at the election held on May 17, 2022, and certified on June 6, 2022. See Bill No. 220001 (approved February 25, 2022); Resolution No. 220009 (adopted February 24, 2022).

Philadelphia Home Rule Charter § 8-402 Cooperation with Other Agencies.

§ 8-402. Cooperation with Other Agencies. In the performance of its functions each department, board or commission shall cooperate with private agencies and with agencies of the governments of the United States, the Commonwealth of Pennsylvania and any other state and with any of their political subdivisions, having similar functions. ANNOTATION Sources: No specific source. Purposes: In a number of instances adequate and complete execution of functions may call for cooperation with other governmental or private agencies. Examples include cooperation in public health and police work with state and federal health and police agencies. In such cases City agencies are empowered and required so to cooperate.

Philadelphia Home Rule Charter § 8-403 Departmental Boards and Commissions.

§ 8-403. Departmental Boards and Commissions. Except as otherwise provided in this charter, each board or commission connected with a department shall exercise its powers and perform its duties independently of the departmental head and officers but shall account to the department for the expenditure of money. Each such department shall in all cases have the right to examine the books, records and accounts of its departmental boards or commissions. ANNOTATION Sources: The Administrative Code of 1929, Act of April 9, 1929, P.L. 177, Section 503. Purposes: Certain boards and commissions are connected with various departments for purposes of fiscal administration where a functional relationship exists between them. See Section 3-100 and the Annotation thereto. Unless other provisions of the Charter provide otherwise [e.g. see subsection 5-700(c)], the head of a department with which a board or commission is connected is not to direct how the board or commission shall perform its functions. Such a board or commission must account to the department for the expenditure of money, report periodically to the department on its activities (see Section 8-404), submit all requests for appropriations through the department (see Section 8-103), make available to the department for examination its books, records and accounts, and generally submit all administrative matters requiring action at a higher administrative level (e.g. at the level of the Managing Director or Director of Finance) through the department.

Philadelphia Home Rule Charter § 8-404 Reports.

§ 8-404. Reports. Not later than ninety days after the end of the fiscal year, the head of each department responsible solely to the Mayor and each independent board and commission shall make an annual report in writing to the Mayor and the head of every other department shall make an annual report in writing to the officer who appointed such department head. Each departmental board and commission shall, not later than sixty days after the end of each fiscal year, make an annual report in writing to the head of the department with which such board or commission is connected. All such reports shall be attached as exhibits to the report made by the head of the department to the department head's superior officer. Not later than one hundred and twenty days after the end of the fiscal year, the Managing Director and the Director of Finance shall make their annual reports to the Mayor with recommendations. They shall transmit to the Mayor as appendices to their reports, all reports made to them by department heads. Copies of all reports required by this section shall be filed in the Department of Records. ANNOTATION Sources: The Administrative Code of 1929, Act of April 9, 1929, P.L. 177, Section 504. Purposes: Annual reports are required of all officers and agencies of the City so that the Mayor and the public may be kept informed on a current basis of the operations of all phases of the City government. Such reports are to be channelled up through the administrative structure of the City government to the Mayor. They are to be filed with the Department of Records where they are to be available for public inspection. See Section 5-1104. Notes 273 | Amended by approval of the voters at the election held on May 17, 2022, and certified on June 6, 2022. See Bill No. 220001 (approved February 25, 2022); Resolution No. 220009 (adopted February 24, 2022).

Philadelphia Home Rule Charter § 8-405 Seals.

§ 8-405. Seals. Each department and any board or commission may adopt and use an official seal. A copy of any paper or document on file with any such department, board or commission may be authenticated by any such seal as a true copy of the original. ANNOTATION Sources: The Administrative Code of 1929, Act of April 9, 1929, P.L. 177, Section 505. Purposes: An agency seal may serve many useful purposes in the designation of documents as authentic and official.

Philadelphia Home Rule Charter § 8-406 Rules.

§ 8-406. Rules. Except as otherwise provided in this charter, the heads of all departments and all boards and commissions are hereby empowered to prescribe rules for their internal government. Such rules shall become effective only after approval by the Administrative Board. ANNOTATION Sources: Cf. the Administrative Code of 1929, Act of April 9, 1929, P.L. 177, Section 506. Purposes: The Charter distinguishes between "rules" and "regulations". The term "rules" is used to designate standards for intra- governmental administration. The term "regulations" denotes standards applicable to private persons and organizations. See Section 8-407. This section authorizes City agencies to prescribe rules for their internal government subject to the approval of the Administrative Board. See Section 4-300(1)(a).

Philadelphia Home Rule Charter § 8-407 Regulations.

§ 8-407. Regulations. Except as otherwise specifically provided in this charter, every department, board and commission is hereby empowered to make such reasonable regulations as may be necessary and appropriate in the exercise of its powers and performance of its duties under this charter or under any statute or ordinance. Except as otherwise provided in this charter, in the adoption of regulations, the following procedure shall apply: (a) The department, board or commission promulgating the regulations shall first submit them for approval to the Law Department and upon receiving such approval file them with the Department of Records where they shall be available for public inspection for thirty days; (b) The Department of Records shall give public notice of such filing by advertising in the three daily newspapers of the City having the largest paid circulation the fact that regulations relating to a particular subject have been filed with it, and that any person affected thereby may request a hearing. Council may by ordinance adopted by a vote of two-thirds of all of its members specify different or additional requirements for providing public notice of the filing of regulations and the availability of a hearing, in accordance with applicable law. Any such ordinance may include a requirement that notice be posted on the City's website; 274 (c) If any person affected shall present to the Department of Records a written request therefor, the person shall be afforded a public hearing before the department, board or commission promulgating the regulations and the City Solicitor. A report of the hearing reaffirming the regulations or modifying them with the approval of the Law Department shall be filed by the department, board or commission with the Department of Records. 275 The regulations shall become effective at midnight of the thirtieth day after their filing when no hearing has been requested and at midnight of the tenth day after a report has been filed when a hearing was requested and held. All regulations shall be published and made available for distribution. Amendments to regulations shall be adopted under the same procedure as the regulations which they amend. The requirements of this section may be suspended by the Mayor in writing and temporary regulations promulgated in emergencies affecting the public health or safety but any regulations so put into force shall not remain effective unless the procedures otherwise required by this section are complied with forthwith. ANNOTATION Sources: Cf. the Administrative Code of 1929, Act of April 9, 1929, P.L. 177, Section 506. Purposes: 1. See Annotation to Section 8-406. 2. Administrative agencies may not legislate. However, they may when appropriately authorized by this Charter, or by statute or ordinance, define and apply through administrative regulations standards established by this Charter or by legislation. Thus regulations afford a means for an administrative agency to exercise powers and to perform duties of law administration and enforcement imposed upon and vested in it by this Charter or by statute or ordinance. 3. Since members of the public will be the ones who will be affected by regulations, fairness to them prompts the requirement that they be afforded, as a rule, an opportunity to be heard on proposed regulations. Such hearings are intended to protect persons who will be affected from arbitrary administrative action. They should also serve to bring to the attention of administrative officials facts necessary for the exercise of informed judgment in the promulgation of regulations. 4. Approval by the Law Department of all proposed regulations is required to assure that they are authorized, comply with basic legislation, and do not exceed constitutional limits. 5. Filing with the Department of Records is required since this is the central depository for public documents and the agency where all public records are to be kept available for public use and inspection. See Article 5, Chapter 11. 6. The purpose of the advertising requirement of subsection (b) is to assure adequate notice to members of the public of proposed regulations and of the fact that persons who may be affected may request a hearing. 7. Persons affected by any proposed regulation are entitled upon written request to a public hearing before a representative of the agency promulgating the regulation and a member of the Law Department who will pass on any questions of law raised. After such a hearing the regulation in question may be reaffirmed or modified. A report of the action taken is to be filed with the Department of Records for purposes of public notice. 8. With the exception hereafter noted, regulations can in no event take effect earlier than thirty days after their filing. This period of time should afford affected persons an adequate opportunity to request public hearings should they desire to do so. 9. All regulations must be published and made available for distribution so that members of the public and City officers and employees may obtain copies. 10. The procedure for amending regulations is the same as that for new regulations since amendments may impose new requirements affecting members of the public. 11. Emergencies affecting the public health or safety may require immediate administrative action through regulations. In such instances disaster may be courted if it were required that the regular procedure of this section be followed before regulations become operative. Therefore, this section permits regulations in such emergencies to be put into force immediately by the Mayor suspending in writing the requirements specified. However, for such temporary regulations to remain effective, the steps normally required by this section must immediately be initiated and followed. If they are, the temporary regulations continue in effect while the filing, advertising, waiting period, hearings, etc. take place. Notes 274 | Amended by approval of the voters at the election held on May 19, 2009, and certified on June 3, 2009. See Bill No. 090171 (approved April 1, 2009); Resolution No. 090179 (adopted March 26, 2009). 275 | The phrase "he shall be afforded a public hearing" was changed by the Code editor to read "the person shall be afforded a public hearing" to be gender neutral consistent with the broad Charter change set forth in the May 17, 2022 referendum. See Bill No. 220001 (approved February 25, 2022); Resolution No. 220009 (adopted February 24, 2022).

Philadelphia Home Rule Charter § 8-408 Meetings of Boards and Commissions.

§ 8-408. Meetings of Boards and Commissions. Every board and commission shall hold regular meetings at such times and places as it may by rule designate and in addition shall hold special meetings upon the call of its chair or president at such times and places as the chair or president shall designate. At least three days' notice in writing shall be given of the time, place and purpose of all special meetings, unless such notice is waived in writing by all members. Except as otherwise specifically provided in this charter, a majority of the members of any board or commission shall constitute a quorum. All boards and commissions shall keep minutes of their proceedings. ANNOTATION Sources: The Administrative Code of 1929, Act of April 9, 1929, P.L. 177, Section 518. Purposes: This section establishes minimum uniform requirements for all boards and commissions to follow in the holding of meetings so that all members will be apprised of the time and place of meetings, at least a majority of members will be required for business to be transacted, and a record will be kept of proceedings. Notes 276 | Amended by approval of the voters at the election held on May 17, 2022, and certified on June 6, 2022. See Bill No. 220001 (approved February 25, 2022); Resolution No. 220009 (adopted February 24, 2022).

Philadelphia Home Rule Charter § 8-409 Power to Obtain Attendance of Witnesses and Production of Documents.

§ 8-409. Power to Obtain Attendance of Witnesses and Production of Documents. Every officer, department, board or commission authorized to hold hearings or conduct investigations shall have power to compel the attendance of witnesses and the production of documents and other evidence and for that purpose it may issue subpoenas requiring the attendance of persons and the production of documents and cause them to be served in any part of the City. If any witness shall refuse to testify as to any fact within the witness's knowledge or to produce any documents within the witness's possession or control, the facts relating to such refusal shall forthwith be reported to any one of the Courts of Common Pleas of Philadelphia County and all questions arising upon such refusal and also upon any new evidence not included in the report, which new evidence may be offered either in behalf of or against such witness, shall as promptly as possible be heard by such court. If the court shall determine that the testimony or document required of such witness is legally competent and ought to be given or produced by the witness, the court may make an order commanding such witness to testify or to produce documents or do both and if the witness shall thereafter refuse so to testify or so to produce documents in disobedience of such order of the court, the court may deal with the witness as in other cases. ANNOTATION Sources: Act of June 25, 1919, P.L. 581, Article XVI, Section 8. Purposes: Administrative hearing or investigatory process may at times require the compulsion of a subpoena to be effective. Officers and agencies authorized to hold hearings or conduct investigations are thus empowered to compel the attendance of witnesses and the production of documents and other evidence within the geographical limits of the City, the jurisdiction over which this Charter extends. Since subpoenas for this purpose may be disobeyed and since such disobedience is not punishable by imprisonment and fine unless it continues after a court has ordered compliance, City officers and agencies are authorized to resort through the Law Department (see Section 8-410) to the courts. However, the Charter Commission did not possess any power to require courts to enforce such administrative process or to specify the usual penalty of commitment for contempt until compliance. Cf. Annotation to Section 2-401. Accordingly, the action a court is to take is a matter for its discretion and subject to its customary powers. Notes 277 | Amended by approval of the voters at the election held on May 17, 2022, and certified on June 6, 2022. See Bill No. 220001 (approved February 25, 2022); Resolution No. 220009 (adopted February 24, 2022).

Philadelphia Home Rule Charter § 8-410 Legal Advice and Services.

§ 8-410. Legal Advice and Services. Whenever any officer, department, board or commission shall require legal advice concerning the officer's, department's, board's or commission's official business or whenever any legal question or dispute arises or litigation is commenced or to be commenced in which any officer, department, board or commission is officially concerned or whenever any taxes or other accounts of whatever kind due the City remain overdue and unpaid for a period of ninety days it shall be the duty of such officer, department, board or commission, to refer the same to the Law Department. It shall be the duty of any officer, department, board or commission having requested and received legal advice from the Law Department regarding the official duty of such officer, department, board or commission to follow the same; and when any officer shall follow the advice given such officer in writing by the Law Department such officer shall not be liable in any way for so doing upon the officer's official bond or otherwise. Before the Law Department shall render any opinion interpreting any appropriation ordinance or ordinance authorizing the expenditure of money, it shall notify the City Controller of the question upon which its opinion has been requested and afford the City Controller an opportunity to present the Controller's views upon the question. It shall be unlawful for any officer, department, board or commission to engage any attorney to represent the officer, department, board or commission in any matter or thing relating to the public business of the officer, department, board or commission without the approval in writing of the City Solicitor. ANNOTATION Sources: The Administrative Code of 1929, Act of April 9, 1929, P.L. 177, Section 512; Act of June 25, 1919, P.L. 581, Article XIII, Section 5. Purposes: 1. This section implements Section 4-400. It seeks to prevent the practice of each officer and agency having its own counsel. It thereby makes possible an effective and well organized, central law agency. 2. Officers and agencies requesting and receiving legal advice from the Law Department must follow it. Resort may not be had to other counsel, except with the consent of the City Solicitor, for other advice nor may such other advice even if obtained be followed except at personal risk, a consequence from which an officer or agency is absolved if the advice of the Law Department is followed. 3. Questions involving the interpretation of appropriation ordinances or other ordinances authorizing the expenditure of money must be referred to the City Controller for his views since he is the City's auditor and will ultimately be required to pass upon the propriety of all expenditures of City funds. Notes 278 | Amended by approval of the voters at the election held on May 17, 2022, and certified on June 6, 2022. See Bill No. 220001 (approved February 25, 2022); Resolution No. 220009 (adopted February 24, 2022). The phrase "shall require legal advice concerning his or its official business" in the first paragraph was changed by the Code editor to read "shall require legal advice concerning the officer's, department's, board's or commission's official business" to be gender neutral consistent with the broad Charter change set forth in the May 17, 2022 referendum.

Philadelphia Home Rule Charter § 8-411 Custody of Private Personal Property.

§ 8-411. Custody of Private Personal Property. Every officer and employee, who in the performance of the officer's or employee's duties receives for custodial purposes personal property from any person, shall immediately upon receiving such property issue a receipt to such person and a copy to the City Controller itemizing the property received and stating the circumstances under which it was received, shall keep such property in such place as shall have been designated by the head of the department or the board or commission by which the officer or employee is employed and shall return such property promptly to such person or the person's nominee, or to the person's executor or administrator in case of the person's death, when its retention by the City is no longer warranted by statute or ordinance. ANNOTATION Sources: No specific source. Purposes: Certain officers and employees of the City, such as police officers and hospital employees, are required to or may in the performance of their duties receive for custodial purposes private personal property. This section requires complete accountability for any such property and its return, as soon as it is authorized or required, to the person entitled to it. Notes 279 | Amended by approval of the voters at the election held on May 17, 2022, and certified on June 6, 2022. See Bill No. 220001 (approved February 25, 2022); Resolution No. 220009 (adopted February 24, 2022).

Philadelphia Home Rule Charter § 8-412 Inspections.

§ 8-412. Inspections. Every department, board and commission shall have the power to make such inspections as are incident to or necessary for the performance of its functions except that, with the approval of the Administrative Board, the Mayor may issue an order in writing transferring to the Department of Licenses and Inspections the duty of making inspections incidental to the performance of all or any of the functions of any other department or of any board or commission. After any such order becomes effective, the inspections to which it applies shall be made exclusively by the Department of Licenses and Inspections. ANNOTATION Sources: No specific source. Purposes: See Annotation to Section 5-1002. _______________

Source: City of Philadelphia, The Philadelphia Code and Home Rule Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-265825Fetched: 10/27/2026