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This charter shall become effective on the first Monday of January, 1952, except in the following particulars:
(1) The Mayor and the members of the Council shall be elected in 1951 under the provisions of this charter, and for that purpose Section 2-100, Section 2-101, Section 2-102, Section 2-103, Section 3-200, and Section 3-300 shall become effective immediately upon the adoption of this charter by the electors.
(2) If the electors in adopting this charter shall vote in the affirmative on Question No. 3, a Revenue Commissioner (heretofore called "Receiver of Taxes") shall not be elected in 1951. If the electors shall vote in the negative on Question No. 3, Section 3-100(a) shall, insofar as it changes the title of "Receiver of Taxes" to "Revenue Commissioner", become effective upon the adoption of this charter so as to permit a Revenue Commissioner to be elected in 1951, but the Receiver of Taxes may continue to use that title until the first Monday of January, 1952.
(3) All appropriations made in the budget ordinance for the year 1952 shall be made to the then existing offices, departments, boards and commissions of the City or their successors under this charter. Provision shall also be made in the budget ordinance for the year 1952, for any offices, departments, boards or commissions created by this charter to exercise new functions and any such provision may be increased in 1952 notwithstanding Sections 2-300 and 2-301 of this charter.
(4) The Mayor shall appoint promptly upon taking office in 1952 all officers and department heads which this charter authorizes him to appoint; the Managing Director and Director of Finance shall promptly upon taking office appoint the officers whom this charter authorizes them to appoint; and the Civil Service Commission shall promptly upon taking office appoint Personnel Director. Insofar as possible, the new officers and new department heads shall immediately assume charge of the functions over which this charter gives them jurisdiction but in cases in which the functions of abolished departments, boards or commissions are divided among several departments, boards or commissions, reorganization under this charter shall proceed as promptly as possible, but in such a way as not to disrupt the continuous conduct of the City's business. The old departments may be continued until the new departments are ready to function, and the Mayor may designate any of the new department heads to serve as acting heads of one or more of the old departments until the reorganization is completed. The reorganization shall in all cases be completed and the old departments shall cease to exist not later than July 1, 1952.
(5) Appropriations to the Personnel Director and to the Civil Service Commission shall be made in the budget ordinance for the year 1952 as required by this charter.
(7) The amendment to Section 3-800 of this Charter providing for the composition of the City Planning Commission shall take effect January 7, 2008. Members of the Planning Commission who hold office on January 6, 2008 shall continue to hold office until their successors have been appointed, provided that the Mayor may reappoint any such member who meets one of the required categories of membership set forth in amended Section 3-800. 190
(8) Merger of Powers and Duties of Fairmount Park Commission and Department of Recreation. 191
(a) Effective July 1, 2009, the new Department of Parks and Recreation and the new Commission on Parks and Recreation shall assume all of their respective powers and duties, as set forth in this Charter, and the Fairmount Park Commission and the Department of Recreation shall cease to exist. Any administrative implementation issues regarding the absorption by the Department of Parks and Recreation of the former powers and duties of the Department of Recreation or the Fairmount Park Commission shall be completed no later than July 1, 2010.
(b) All provisions of Chapter A-1 relating to the abolition of an agency by this charter shall apply with respect to the merger of the powers and duties of the Fairmount Park Commission and the Department of Recreation into the Department of Parks and Recreation.
(c) On and after July 1, 2009, the Parks and Recreation Commissioner:
(.1) Shall serve as the successor trustee of all money and property donated to, or otherwise held by, the Fairmount Park Commission in trust; and shall administer those trusts strictly for their respective trust purposes; and
(.2) Shall serve as the successor custodian of all money and property held by the Fairmount Park Commission in any custodial account; and shall use funds in any of those accounts strictly for the purposes of those accounts.
Upon approval by the voters of the amendment adding this subsection to this charter, the City Solicitor shall forthwith take all actions the City Solicitor believes necessary to effectuate this provision.
(10) The amendments to this Charter relating to the Office of Sustainability shall take effect July 1, 2015. 193
(11) The amendments to the Charter related to the Department of Prisons and the Prisons Commissioner shall be effective July 1, 2015, provided that, until such time as the Mayor shall make the initial appointments to the Board of Trustees of Philadelphia Prisons provided for in Section 3-916 194 of this Charter, the appointed members of the former Board of Trustees of House of Correction, in service at the time of the adoption of the amendment adding this subsection to the Charter, shall serve as appointed members of the Board of Trustees of Philadelphia Prisons. 195
(12) The amendments to this Charter relating to Language Access Plans set forth in Section 8-600 shall take effect June 1, 2015. All agencies shall certify compliance with subsection 8-600(1)(b) to the Office of the Managing Director by June 1, 2016. The first reports required pursuant to subsection 8-600(1)(c) shall be filed by December 1, 2015. 196
(13) The amendments to this Charter relating to the Office of LGBT Affairs shall take effect July 1, 2016. 197
(14) Creation of the Department of Planning and Development and related amendments. 198
(a) The amendment creating a new Department of Planning and Development and making certain related changes to other City agencies (the "DPD Amendment") shall take effect July 1, 2017.
(b) The DPD Amendment shall not be construed to have abolished and re-constituted the City Planning Commission, the Zoning Board of Adjustment, the Art Commission or the Historical Commission (as referenced in Section 14-1003 of The Philadelphia Code), but only to have continued the existence of those agencies as departmental boards or commissions placed within the Department of Planning and Development as of the effective date of the DPD Amendment. All proceedings pending before those agencies when the DPD Amendment takes effect shall continue and remain in full force and effect, notwithstanding the passage of the DPD Amendment.
(c) A City employee serving, as of June 1, 2015, in a position in the Office of the Mayor exempt from civil service dedicated to housing development or related activities may, within six months after the effective date of the DPD amendment, be transferred by the Director of Planning and Development, with the consent of the Mayor, to a civil service position in the Division of Housing and Community Development of the Department of Planning and Development approved by the Civil Service Commission and may be continued in such position, without the need for such employee to take an examination prescribed by the Personnel Director and approved by the Civil Service Commission. Nothing herein shall preclude the reclassification or reallocation as provided by civil service regulations of any position held by any such employee.
(15) The amendments to this Charter relating to the Philadelphia Community Reinvestment Commission shall take effect July 1, 2017. 199
(16) The amendments to this Charter relating to the Office of Immigrant Affairs shall take effect July 1, 2019. 200
(17) Public Safety Enforcement Officers. 201
(a) The first job classifications regarding Public Safety Enforcement Officers pursuant to Section 7-401(v) shall be established, and examinations created and administered for such number of positions established pursuant to Section 5-103 ("Public Safety Enforcement Officers"), within one year of adoption by the voters of the amendment adding Section 5-103 to the Charter.
(b) The first Public Safety Enforcement Officers shall be appointed no later than two months after establishment of the first eligible list for appointments.
(18) Creation of the Department of Labor. 202
(a) The amendments to this Charter relating to the Department of Labor and the Board of Labor Standards shall take effect July 1, 2020.
(b) A City employee serving, as of June 30, 2020, in a position in the Office of the Mayor exempt from civil service under the Office of Labor may, within six months after the effective date set forth in paragraph (a), be transferred by the Director of Labor, with the consent of the Mayor, to a civil service position in that Department approved by the Civil Service Commission and may be continued in such position, without the need for such employee to take a Civil Service examination. Nothing herein shall preclude the reclassification or reallocation as provided by civil service regulations of any position held by any such employee.
Sources: No specific source.
Purposes: 1. While this Charter becomes effective for the most part in 1952, certain of its provisions must necessarily become operative before that time.
2. Thus as a Mayor and Council are to be elected to take office in January 1952 as provided by this Charter, provisions pertaining to their election had to become effective immediately upon adoption of the Charter [subsection (1)].
3. Likewise, appropriations must be made in 1951 for 1952 operations of officers and agencies under this Charter. If such appropriations are made to agencies under the 1919 Charter, as they may be made, the funds appropriated are to be allocated administratively to the new agencies under this Charter upon their establishment in 1952, according to functions transferred. Thus an appropriation in 1951 for 1952 to the Department of Public Safety will be divided in 1952 among the Police Department, Fire Department, Department of Streets, etc. Since it will not be possible to predict with complete accuracy the amount of funds which will be needed for new agencies exercising new functions, appropriations made in 1951 may be increased in 1952; the prohibition of Sections 2-300 and 2-301 will not be applicable in this instance.
4. Subsection (4) stresses the intention that this Charter shall be promptly and completely put into effect in 1952 and therefore places an ultimate time limit for completing the reorganization required by July 1, 1952.
5. The appropriation in 1951 for the Personnel Director's and Civil Service Commission's operations in 1952 must be an amount equal to at least one-half of one percent of the aggregate of all appropriations for compensation to City employees who will be subject to civil service in 1952. See Section 2-300(4)(a).
Resolution No. 140035 referenced Section 3-917; cross-reference corrected by Code editor.