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November 15, 2007
TO THE PRESIDENT AND MEMBERS OF THE
COUNCIL OF THE CITY OF PHILADELPHIA:
I am returning herewith as disapproved Bill No. 070275-A, passed by City Council on October 25, 2007. This Bill would amend Title 6 of the Philadelphia Code, the Health Code, to require that the City provide its firefighters with hearing protection when the firefighters are subject to sound in excess of 85 decibels when riding fire-fighting apparatus or when near power tools to other loud equipment place certain requirements on the city with respect to equipment provided to firefighters and place certain requirements on City firefighters with respect to use of that equipment.
I wholly support the goals of this legislation, however, the City Solicitor has returned the Bill unsigned. Council's attempts to direct the work of departments of the City Administration violates the separation of powers set forth in the Home Rule Charter. The Mayor and the agencies of the Administrative and Executive branches are vested with executive and administrative powers of government. The Home Rule Charter, specifically, designates to the Fire Department, the authority to equip and supervise and discipline the City's firefighters. Charter Sec. 5-400(d).
In addition, the lump sum budgeting provisions of Section 2-300(2) of the Charter prohibit Council from making appropriations for purposes more narrow than certain specifically enumerated categories or [s]uch additional classes as the Mayor shall recommend in his proposed annual operating budget ordinance. As such, the Charter prohibits Council from directing the Administration as to how City agencies should carry out their Charter-established powers and duties and how the Administration should spend appropriated funds.
For the above reasons, I cannot support Bill 070275-A.
Respectfully submitted,
John F. Street
Mayor
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