TITLE 2.  CITY-COUNTY CONSOLIDATION 1
Chapter 2-100.  City-County Consolidation
   § 2-101.   Declaration of Purpose.
   § 2-102.   Coroner, Coroner's Inquest and Jury.
   § 2-103.   Recorder of Deeds.
   § 2-104.   Board of Inspectors of the Philadelphia County Prison.
   § 2-105.   Clerk of the Court of Quarter Sessions.
   § 2-106.   City Treasurer.
   § 2-107.   Board of Trustees of Philadelphia Prisons.
   § 2-108.   Employees.
   § 2-109.   Recall; Removal.
   § 2-110.   General Provisions.
   § 2-111.   Transfer of Certain Powers and Duties from City Treasurer.
   § 2-112.   City Commissioners.
   § 2-113.   Board of Revision of Taxes.
Chapter 2-200.  Recording of Deeds
   § 2-201.   Definitions.
   § 2-202.   Requirements.
   § 2-203.   Exemptions.
   § 2-204.   Regulations.
   § 2-205.   Non-liability.
   § 2-206.   Real Estate Fraud Victims' Assistance Program.
Chapter 2-300.  Property Assessment
   § 2-301.   Board of Property Assessment Appeals Nominating Panel.
   § 2-302.   Board of Property Assessment Appeals; Composition and Appointment.
   § 2-303.   Board of Property Assessment Appeals; Powers and Duties.
   § 2-304.   Office of Property Assessment; Creation; Principal Officers.
   § 2-305.   Office of Property Assessment; Chief Assessment Officer; Powers and Duties.
   § 2-306.   Provisions of General Applicability.
   § 2-307.   Transfer of Existing Employees.
CHAPTER 2-100.  CITY-COUNTY CONSOLIDATION
§ 2-101.  Declaration of Purpose.
   (1)   The purpose of this Section is to further carry out the intent and purpose of Article XV, Section 1, of the Constitution of Pennsylvania known as the "Home Rule Amendment," Article XIV, Section 8, of the Constitution of Pennsylvania known as the "City-County Consolidation Amendment," and the First Class City Home Rule Act of April 21, 1949, P.L. 665, by abolishing or providing for the appointment of certain elective officers, by abolishing certain offices, boards and commissions and by integrating and merging within the framework of the government of the City certain functions heretofore performed by certain officers, offices, boards, and commissions, so that hereafter all of such functions may be carried out by officers, offices, departments, boards, or commissions of the City under the provisions of the Charter.
§ 2-102.  Coroner, Coroner's Inquest and Jury.
   (1)   The Coroner is abolished and no person shall be elected as such officer.
   (2)   All powers and duties previously exercised and performed by the Coroner relating to inquests shall be exercised and performed by an Examiner to be appointed by the Health Commissioner except that the Coroner's Jury is abolished.
   (3)   All powers and duties previously exercised and performed by the Coroner relating to the investigation of sudden, violent and suspicious deaths and the determination of whether the person or persons responsible shall be charged with crime are transferred to the Examiner.
   (4)   All powers and duties previously exercised and performed by the Coroner relating to the service of process are transferred to the Examiner.
   (5)   All powers and duties previously exercised and performed by the Coroner relating to the determination of the cause of a death and conducting of autopsies are transferred to the Department of Public Health and shall be exercised and performed by an Examiner.
§ 2-103.  Recorder of Deeds.
   (1)   The Recorder of Deeds is abolished and no person shall be elected as such officer. Unless the person serving as Recorder of Deeds is appointed Commissioner of Records, that person shall serve as a Deputy Commissioner of Records until the end of the term for which he was elected and shall continue during the remainder of such term to be compensated as provided by law.
   (2)   All powers and duties previously exercised and performed by the Recorder of Deeds are transferred to the Department of Records.
§ 2-104.  Board of Inspectors of the Philadelphia County Prison.
   (1)   The Board of Inspectors of the Philadelphia County Prison is abolished.
   (2)   All powers and duties previously exercised and performed by the Board of Inspectors of the Philadelphia County Prison are transferred to the Board of Trustees of Philadelphia Prisons.
§ 2-105.  Clerk of the Court of Quarter Sessions. 2
   (1)   The Office of the Clerk of the Court of Quarter Sessions is abolished and all the powers, functions and duties of that Office, or such powers and duties not performed by the First Judicial District by either agreement or court order, shall be exercised and performed by the Department of Records, or such other Department under the authority of the Managing Director as may be designated by the Managing Director.
   (2)   The provisions of Chapter A-1 of the Appendix to the Home Rule Charter shall apply to the changes made by this Section as if the Office of Clerk of Quarter Sessions had been abolished and its functions transferred to the Department of Records by the Home Rule Charter.
§ 2-106.  City Treasurer. 3
   (1)   The City Treasurer shall be appointed by the Director of Finance with the approval of the Mayor.
§ 2-107.  Board of Trustees of Philadelphia Prisons.
   (1)   There is hereby created a Board of Trustees of Philadelphia Prisons which shall be a departmental board attached to the Department of Public Welfare. It shall consist of seven persons appointed by the Mayor and shall be organized and shall function as other departmental boards under the Charter.
   (2)   The Board of Trustees of Philadelphia Prisons shall exercise all the powers and perform all the duties previously exercised and performed by the Board of Inspectors of the Philadelphia County Prisons.
§ 2-108.  Employees.
   (1)   Civil Service. All officers and employees of the officers, offices, boards and commissions created or continued by this Title shall be subject to the civil service provisions of the Charter except:
      (a)   all officers elected by the people and their deputies, but the number of exempt deputies in any office or department except the office of the District Attorney shall not exceed two;
      (b)   City Treasurer;
      (c)   Assistant District Attorneys;
      (d)   the chief detective and ten additional detectives in the office of the District Attorney;
      (e)   members of boards and commissions who are appointed by the Mayor;
      (f)   one secretary or clerk to each elected officer, and one principal assistant or executive director for each board or commission;
      (g)   such other officers and employees as are exempt under the Charter.
   (2)   Compensation. All officers and employees transferred or caused to be transferred by this Title shall continue to be compensated at their present rates of pay until their compensation is changed pursuant to the appropriate provisions of this Charter.
   (3)   Employees Transferred. All officers and employees performing functions transferred or caused to be transferred by this Title to offices, departments, boards or commissions shall become officers or employees of such offices, departments, boards or commissions. Any questions which may arise in connection with any transfer of employees shall be determined by the Administrative Board.
   (4)   Functions Transferred. The departments, offices and boards to which powers and duties are by this Title transferred shall continue to exercise such powers and perform such duties transferred until otherwise provided by law.
§ 2-109.  Recall; Removal.
   (1)   Any person holding an elective office of the City shall be subject to removal from office at a recall election in the manner provided in the Charter. 4 Any appointed officer may be removed at the pleasure of the appointing power.
§ 2-110.  General Provisions.
   (1)   Present Activities and Proceedings Not Affected. All petitions, hearings and other proceedings pending before any officer, office, department, board or commission affected by this Title and all prosecutions, legal or other proceedings and investigations begun by, on behalf of, or against any such officer, office, department, board or commission and not completed shall continue and remain in full force and effect notwithstanding the passage of this Title and may be completed before, by, on behalf of or against the officer, office, department or board which succeeds to the particular rights, powers, duties and obligations of such officer, office, board or commission. All questions arising under this subsection shall be determined by the Mayor or at the Mayor's direction by the Law Department.
   (2)   Orders, Rules and Regulations. All orders, rules and regulations made by any officer, office, department, board or commission affected by this Title shall remain in full force and effect until revoked or modified by the officer, office, department or board succeeding to the particular rights, powers, duties and obligations of such officer, office, board or commission.
   (3)   Existing Contracts. All existing contracts validly made by or with, and all obligations of, any officer, office, department, board or commission affected by this Title shall remain in full force and effect and shall be performed by the officer, office, department, or board succeeding to the particular rights, powers, duties and obligations of such officer, office, board or commission.
   (4)   Reports and Notices. Reports, notices, papers or documents required to be furnished or served upon any officer, office, department, board or commission affected by this Title shall be made, given, furnished or served in the same manner to or upon the officer, office, department or board succeeding to the particular rights, powers, duties and obligations of such officer, office, board or commission and every penalty for failure to do so shall continue in effect.
§ 2-111.  Transfer of Certain Powers and Duties from City Treasurer. 5
   (1)   All licensing powers and duties of the City Treasurer, including but not limited to those conferred by the Acts of the General Assembly listed below are transferred to and shall hereafter be exercised and performed by the Department of Licenses and Inspections.
      (a)   Act of July 2, 1937, (P.L. 2821), pertaining to closing out sales and fire sales licenses;
      (b)   Act of May 2, 1925, (P.L. 448), pertaining to fishing licenses;
      (c)   Act of June 3, 1937, (P.L. 1225), pertaining to hunting licenses;
      (d)   Act of June 24, 1939, (P.L. 872), pertaining to hunting guns permits;
      (e)   Act of April 8, 1967, (P.L. 50), as amended by Act of June 2, 1937, (P.L. 1191), pertaining to disabled veterans vendors' licenses.
§ 2-112.  City Commissioners. 6
   (1)   Composition. There shall continue to be three City Commissioners who shall continue to be elected as now provided by law, of whom not more than two shall be members of the same political party or body. The City Commissioners shall take office on the first Monday in January in the year following their election. The term of office of the City Commissioners presently in office shall continue until the expiration of the term for which they were elected. Vacancies in the office of City Commissioner shall be filled by appointment of the Mayor with the approval of the Council for the unexpired term of the member causing the vacancy. In the event of the death of any person elected as a City Commissioner prior to his taking office, the same shall constitute a vacancy under this Section.
   (2)   Qualifications. A City Commissioner shall be a qualified elector of the City and a resident of the City for at least three years immediately preceding his election and at least 25 years of age prior to his election.
   (3)   Compensation. The City Commissioners shall be compensated as now provided or as may hereafter be provided by ordinance from time to time.
   (4)   Powers, Duties and Functions. All powers, duties and functions of the Registration Commission, including, but not limited to, those relating to the registration of voters are transferred to the City Commissioners. All the powers, duties and functions of the City Commissioners in their capacity as the County Board of Elections relating to the conduct of primaries and elections shall continue to be exercised by the City Commissioners.
   (5)   The following powers, duties and functions of the office of the City Commissioners are transferred as follows:
      (a)   All matters relating to weights and measures, to the Department of Licenses and Inspections;
      (b)   All matters relating to payment to the Commonwealth for the care of prisoners, to the Department of Public Welfare;
      (c)   All matters relating to all other disbursements, including, but not limited to, jury fees, witness fees and disbursements for burial of deceased veterans and their widows, to the Director of Finance.
   (6)   The Registration Commission is abolished.
§ 2-113.  Board of Revision of Taxes. 7
   The Board of Revision of Taxes shall cease to exist after September 30, 2010, and, effective October 1, 2010, all powers, functions and duties previously exercised and performed by the Board of Revision of Taxes shall be exercised and performed by the Board of Property Assessment Appeals and the Office of Property Assessment, all as provided in Chapter 2-300.

 

Notes

1
   Source: 1953 Ordinances, p. 549; 1954 Ordinances, pp. 1 and 733.
2
   Amended, 1970 Ordinances, p. 118; amended, Bill No. 100360 (approved October 12, 2010), effective July 1, 2010.
3
   Charter ref.: § 3-202.
4
   Source: Article IX, Chapter 1 of the Charter. The recall provision of the Charter has been held to be unconstitutional. Citizens Committee to Recall Rizzo v. Bd. of Elections of Philadelphia, 470 Pa. 1, 367 A.2d 233 (1976).
5
   Amended, 1961 Ordinances, p. 1503.
6
   Added, 1965 Ordinances, p. 212.
7
   Added, 1981 Ordinances, p. 248. Note: The Laws of the Commonwealth of Pennsylvania, Act of August 13, 1963, P.L. 795, § 1, 53 P.S. § 13132 (Supp. 1983-84), require that before the duties of the Board of Revision of Taxes may be changed, the question must be voted upon by the electorate. No referendum has to date approved Section 2-113 and, therefore, this Section has no force or effect. Amended, Bill No. 090706 (approved January 23, 2010). Section 2 of Bill No. 090706 provides: "This Ordinance shall be submitted to the qualified electors of the City of Philadelphia for their approval or disapproval at a special election to be held on May 18, 2010, and shall not take effect unless so approved." The voters approved the ordinance at the special election. Thereafter, the Supreme Court of Pennsylvania invalidated the addition of Sections 2-301, 2-302 and 2-303 to the Code, Section 2-307 insofar as it transfers employees of the Board of Revision of Taxes to the Board of Appeals, and such other parts of the ordinance relating to the Board of Property Assessment Appeals; and upheld the ordinance in all other respects. SeeBoard of Revision of Taxes v. City of Philadelphia, No. 98-EM-2010, 2010 WL 3621391, 2010 Pa. LEXIS 2134 (Pa. Sept. 20, 2010).