PHILADELPHIA HOME RULE CHARTER
CHAPTER 2 COUNCILMANIC PROCEDURE
§2-202. Submission of Ordinances to the Mayor.
Every ordinance shall, before it takes effect, be
certified to the Mayor for his approval. The Mayor shall sign the ordinance if
he approves it, whereupon it shall become law. If he disapproves it, he shall
return it to the Council with the reasons for his disapproval at the first
meeting thereof held not less than ten days after he receives it. If the Council
shall pass the bill by a vote of two-thirds of all of its members within seven
days after the bill has been returned with the Mayor's disapproval, it
shall become law without his approval. If the Mayor does not return the
ordinance within the time required, it shall become law without his approval.
The Mayor may disapprove or reduce any item or items of any ordinance making
appropriations, except the items in the annual operating budget ordinance making
appropriations (a) to the Auditing Department for the compensation of auditors
regularly employed by it and (b) for the work of the Personnel Director and the
Civil Service Commission, which shall become law if any part of the ordinance is
approved. Subject only to the foregoing exceptions, the approved part or parts
of any ordinance making an appropriation shall become law, and the part or parts
disapproved shall not become law unless passed by the Council over the
Mayor's veto as provided herein.
ANNOTATION
Sources: Act of June 25, 1919, P.L. 581, Article XVI, Section
6.
Purposes: 1. The approval or inaction of the Mayor is required
before any ordinance enacted by the Council may become law. The Council may
override a veto by the Mayor, as at present, but a vote of two-thirds of its
members is required. Unless the Mayor returns an ordinance with his veto, the
ordinance becomes law without his approval.
2. The Mayor is given the power to veto items in
appropriation ordinances so that he will not be forced to accept appropriation
items, which he deems unwise, because they are tied in with other necessary
appropriation items. He may not veto item appropriations to the Auditing
Department for its auditors or to the Personnel Director in accordance with the
requirement elsewhere in the Charter (Section 2-300) for assuring funds for
their work.