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September 6, 2013
To The President and Members of
The Council of the City of Philadelphia:
For the reasons discussed below, I am returning Bill No. 120143 (passed June 13, 2013) to your Honorable Body without my signature.
Bill No. 120143 would require the Managing Director to adopt a procedure for developing an annual information technology strategic plan, including a summary and evaluation of the City's current telecommunications and information technology infrastructure, and the costs and benefits of such future planned technology for the next five fiscal years. The strategic plan as set forth in the bill would require assessments of how the City plans to make information technology systems more effective and efficient, reduce costs, make public records available on the internet, and ensure electronic options for all transactions between the City and its employees and its citizens. The bill requires the Finance Director to submit the strategic plan to Council along with the Mayor's proposed annual operating budget ordinance beginning with the proposed Fiscal Year 2014 budget.
I share the basic goal of this bill. Ongoing strategic planning for the City's deployment and use of telecommunications and information technology is a basic necessity for good governance. Citizens have come to expect government to interact with them in a technologically-able manner, and the appropriate use of technology facilitates better stewardship of public resources. Indeed, my Administration is committed to realizing a vision much like that advanced by this bill.
The reason I am unable to return this bill with my signature is because, as the Law Department has advised, it is not consistent with the structure and powers of City government as set forth in the Home Rule Charter. Indeed, it goes beyond the mandate of the recent Charter amendment authorizing Council to request cost-benefit information regarding specific functions, since it goes beyond merely imposing a reporting requirement to dictating aspects of executive branch policy. While Council's powers are broad under the Charter, the task of setting policy regarding the manner in which the executive branch operates is assigned by the Charter to the Administration, and to the Administration alone.
This bill would reallocate discretion over the specifics of strategic planning for IT and telecommunications resources to Council. Whether to make certain aspects of the strategic plan mandatory, or how particular goals are framed and prioritized are, respectfully, matters to be determined by the executive branch.
My Administration will remain open to discussion and collaboration with Council on strategic planning and other issues related to information technology and telecommunications. Indeed, we will report to Council on the particular issues raised in the bill, should Council desire it.
As discussed above, this bill does not fit within the scheme of government laid out by the Charter, but I do recognize that its goal is proper, and its intent laudable. Therefore, I will not disapprove the bill, but am instead returning it to you without my signature.
Respectfully,
Michael A. Nutter
Mayor
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