PHILADELPHIA HOME RULE CHARTER
CHAPTER 4 LAW DEPARTMENT
§4-400. Functions.
The Law Department shall have the power and its duty
shall be to perform the following functions:
(a) Legal Advice. It shall
furnish legal advice to the Mayor, to the Council and to all officers,
departments, boards and commissions concerning any matter or thing arising in
connection with the exercise of their official powers or performance of their
official duties and except as otherwise expressly provided, shall supervise,
direct and control all of the law work of the City.
(b) Litigation. The
Department shall collect by suit or otherwise all debts, taxes and accounts due
the City which shall be placed with it for collection by any officer,
department, board or commission, and it shall represent the City and every
officer, department, board or commission in all litigation. It shall keep a
proper docket, or dockets, duly indexed, in which it shall make and preserve
memoranda of all such claims, showing whether they are in litigation and their
nature and status.
(c) Contracts and Bonds. The Department shall
prepare or approve all contracts, bonds and other instruments in writing in
which the City is concerned, and shall approve all surety bonds required to be
given for the protection of the City. It shall keep a proper registry of all
such contracts, bonds and instruments.
(d) Investigation and Law
Enforcement. With the approval of the Mayor, the Department shall investigate
any violation or alleged violation within the City of the statutes of the
Commonwealth of Pennsylvania or the ordinances of the City which may come to its
notice, and shall take such steps and adopt such means as may be reasonably
necessary to enforce within the City such statutes and
ordinances.
(e) Drafting and Codification of Ordinances. Upon request
of the Council or of any councilman, or of the Mayor, the Department shall
prepare or assist in preparing any ordinance for introduction into the Council,
and within two years after the effective date of this charter, it shall prepare
and submit to the Council for its consideration, a comprehensive revision and
codification of all the general ordinances of the City which are still in
effect.
ANNOTATION
Sources: Act of June 25, 1919, P.L. 581, Article XIII,
Sections 3 and 4; the Administrative Code of 1929, Act of April 9, 1929, P.L.
177, Article IX, as amended.
Purposes: 1. The Law Department is to be the legal advisor of
the Mayor, the Council and all the agencies of the City government. Its work
will be primarily concerned with civil rather than criminal aspects of law
enforcement. It will thus handle all City litigation. It will prepare and
approve for legal sufficiency all City contracts and bonds. It will assist the
Council, the Mayor and City agencies in the preparation of ordinances for
introduction into Council.
2. To the extent that the Mayor approves, the Law Department
is empowered to investigate violations within the City of State laws or City
ordinances and to take reasonably necessary steps to bring about the enforcement
of such statutes or ordinances. This section is not intended to transfer to the
Law Department the traditional prosecuting powers of the office of the District
Attorney, but it does empower the Law Department, short of exercising such
powers, to act in the law enforcement field.
3. The Law Department is charged with the specific duty of
preparing for submission to the Council a comprehensive revision and
codification of all the general ordinances of the City which are still in
effect. See Annotation to Section 2-304.