PHILADELPHIA HOME RULE CHARTER
CHAPTER 7 BUREAUS AND DIVISIONS; DEPUTIES; OTHER EMPLOYEES
§3-701. Deputies.
The head of any department, the Managing Director, the
Director of Finance, the City Treasurer, and the Personnel Director shall have
the power with the approval of his appointing officer or commission, or if he is
an elective officer, on his own responsibility, to appoint and fix the
compensation of a deputy or such number of deputies as the Administrative Board
shall approve. The deputies may be called assistants if the Administrative Board
so determines. Deputies, in the absence of the heads of their respective
departments, or of the officers for whom they are deputies, shall have the right
to exercise all the powers and perform all the duties vested in and imposed upon
such department heads or officers, except the power to appoint officers or
employees, and may at any time exercise such of the powers and perform such of
the duties of the head of the department or officer as may be prescribed by such
head or officer.
Whenever there shall be a vacancy in the office of the
head of any department or any other office to which this section applies, such
deputy as shall be designated in writing by the appointing power or in the case
of an elective department head or officer, by the Mayor, shall exercise the
powers and perform the duties of the department head or officer until the
vacancy is filled. With the approval of the Mayor in writing, the Managing
Director, the City Controller, the City Treasurer, the City Solicitor, the
Director of Finance, the Director of Commerce or the Personnel Director, and
with the approval of the Managing Director in writing, any other department head
may authorize any deputy to serve in his stead on any board or
commission.
ANNOTATION
Sources: The Administrative Code of 1929, Act of April 9,
1929, P.L. 177, Section 213, as amended.
Purposes: 1. The designation of deputies and the determination
of their compensation are made an administrative rather than a legislative
function because the problem is one peculiarly within the concern, competence
and experience of the administrative branch of the government. The number of
deputies appointed is made subject to the approval of the Administrative Board
so that the number will remain within reason and within need. The compensation
of deputies, while an administrative decision, will be limited by the amount of
money appropriated by the Council to a department for salaries and other
non-civil service officers and employees. All such appropriations must be lump
sum appropriations.
2. Deputies are empowered to act in place of superior
officers under appropriate circumstances. Thus, whenever there is a vacancy in
the office of a head of a department, a deputy authorized to do so, may exercise
the powers of that office, pending the appointment of a new department head.
This makes possible the uninterrupted continuity of the work of the department,
adequate supervision and direction. Deputies are authorized to serve on boards
and commissions for their superior officers so that such officers will be free
to attend to their many other duties.