Philly City Council advances public safety director plan over Kenney administration’s objection

Philadelphia City Council on Wednesday advanced a plan to add a cabinet-level position overseeing public safety despite objections by the mayor’s administration, which asked to delay the legislation because officials have not had enough time to assess its potential impact.

Council’s Committee on Law and Government unanimously passed legislation that would create a chief public safety director who would report directly to the mayor and would oversee the police, fire, prisons, recreation, and emergency management departments. It could be considered by the full Council this month.

Outgoing Council President Darrell L. Clarke is championing the plan, which was introduced in mid-February. He says it will foster better collaboration among agencies that coordinate the city’s public -safety response amid a gun violence crisis. Clarke referenced written testimony the administration circulated that asked to delay the proposal, but said, “The sense of urgency is here.”

“I don’t think the citizens of Philadelphia want to delay anything that’s going to allow us to move the needle forward,” Clarke said.

Officials in Mayor Jim Kenney’s administration have expressed concern that the legislation could limit future mayors’ ability to craft the structure of their own cabinet.

The legislation grants Council an unusual amount of power over the mayor, including allowing lawmakers to dictate the qualifications and job responsibilities of the person who holds the chief public safety director role. The bill requires that the person be a former law enforcement agency head, and says the mayor’s appointee must be confirmed by a majority of Council members.

» READ MORE: Philly City Council is proposing a new public safety director role. Is it a needed change, or a power grab?

Creating the new position requires a change to the Philadelphia Home Rule Charter, a document akin to a constitution. Voters have to approve charter changes through a ballot question, which could go to voters as early as the May primary election.

The administration wrote in written testimony that a charter change with specific provisions about qualifications, compensation, and affected departments should not be advanced “on such an expedited timeline.” Officials also expressed concern that the addition “could create the opposite of the intended effect and lead to a more complicated reporting structure, actually decreasing clear lines of authority and accountability.”

The administration’s public safety response is currently coordinated by Managing Director Tumar Alexander and his deputy, Erica Atwood, who also work closely with police brass. The letter says the managing director’s office is also finalizing a plan to bring on a new senior adviser focused on gun violence intervention initiatives.

Kenney is term-limited and will be replaced in January, so the proposed change will likely only affect his successor.

Under current city law, mayors have great freedom to structure their administrations. For example, while a deputy managing director for public safety currently reports to Alexander, former Mayor Michael A. Nutter had a deputy mayor who oversaw public safety issues and reported directly to him.

Clarke said during the hearing that codifying such a structure is a needed measure that demonstrates the city’s commitment to public safety.

“One of the challenges is these mayors change various things, and they should have the wherewithal to do that,” Clarke said, “[but] somebody has to report directly to the mayor on something as serious as gun violence.”

Councilmember Mark Squilla, who represents the city’s 1st District, said that while “nobody wants to see multiple layers of government to be added,” the proposal creates a structure for accountability that’s more clear.

“The sad part is that we’re looking to actually do this because we believe that there isn’t collaboration and coordination that’s happening now,” he said. “At times these challenges have to be met with different ideas on how to address them.”