Title
Proposing an amendment to the Educational Supplement to the Philadelphia Home Rule Charter relating to the removal of the Members of the Board of Education by establishing a process by which City Council may remove such Members and providing for the submission of the amendment to the electors of Philadelphia.
Body
WHEREAS, Under Article II, Section 7 of the First Class City Public Education Home Rule Act (53 P.S. §13207), amendments to the Educational Supplement to the Philadelphia Home Rule Charter may be made in accordance with the procedures set forth in the First Class City Home Rule Act, Section 6 of which (53 P.S. §13106) provides that Charter amendments may be proposed by a resolution of the Council of the City of Philadelphia adopted with the concurrence of two-thirds of its elected members; and
WHEREAS, City Council, by adoption of this resolution, proposes an amendment to the Educational Supplement to the Philadelphia Home Rule Charter relating to the removal of the Members of the Board of Education; now, therefore, be it
RESOLVED, BY THE COUNCIL OF THE CITY OF PHILADELPHIA, That the following amendment to Article XII of the Educational Supplement to the Philadelphia Home Rule Charter is hereby proposed and shall be submitted to the electors of the City on an election date designated by ordinance:
ARTICLE XII
PUBLIC EDUCATION
* * *
CHAPTER 2
THE BOARD OF EDUCATION
* * *
§ 12-204. Removal of Members of the Board.
[Members of the Board of Education shall serve at the pleasure of the Mayor, except that if later there be an elective Board, elected members may be removed as provided by law. Before removing any appointed member from the Board, the Mayor shall, at least ten (10) days before the date of removal, provide written notice to the Board member, with copies to the President of City Council and the Chief Clerk of City Council, that the Mayor intends to remove the member from the Board and providing the reasons therefor, which reasons shall be stated with specificity and demonstrate the member's unfitness to serve.]
Members of the Board of Education may be removed by:
(a) the Mayor, provided before removing any appointed member from the Board, the Mayor shall, at least ten (10) days before the date of removal, provide written notice to the Board member, with copies to the President of City Council and the Chief Clerk of City Council, that the Mayor intends to remove the member from the Board and providing the reasons therefor, which reasons shall be stated with specificity and demonstrate the member’s unfitness to serve;
(b) a vote of three-fourths of all members of City Council for reasonable cause after due notice and full hearing by said Council. Council specifically reserves the right to hear directly the testimony of any or all witnesses it desires at any time prior to the removal vote and may allow public comment. Judgment in such matter shall not extend further than to the removal of such members from the Board; or
(c) if later there be an elective Board, elected members may be removed as provided by law.
____________________________
Explanation:
Italics indicate new matter added.
[Brackets] indicate matter deleted.
End