The Committee of Seventy
Eight Penn Center
1628 JFK Boulevard
Suite 1002
Philadelphia, PA 19103
p. 215-557-3600
f. 215-557-3608

City Offices in Philadelphia

This section offers some background information on the elected offices in the City of Philadelphia, many localities across Pennsylvania will have numerous offices in common with those listed below. For further information about the offices in your local area, contact your County Board of Elections or municipal government.

Candidates campaigning for city offices face two important restrictions: (1) they may not hold any other elected or appointed paid public office (other than a party position, for example, committeeperson);.12 and (2) they may not campaign for any other public office without first resigning their position.13 Obviously, you need not resign from office in order to run for re-election.14 These restrictions apply to every elected city official except the Register of Wills.15

Prior to the November election, candidates for the office of City Commissioner must be:
1. at least twenty-five years old; and
2. qualified electors and city residents for at least three years.17

Candidates for Register of Wills, Clerk of Quarter Sessions, and Sheriff also must be:
1. at least eighteen years old;18 and
2. residents of the city.19

City Commissioner
All of Pennsylvania's sixty-seven counties were at one time governed by their County Commissioners.20 However, since the adoption of its Home Rule Charter in 1951, Philadelphia has been governed by a Mayor and City Council. The Charter retains the Commissioners, and legislation enacted by City Council requires them to serve as the City's Board of Elections and Registration Commission. In this role, the Commissioners are responsible for the conduct of elections and the registration of voters.21 They receive and file election documents and campaign finance reports, train election officials, certify the official returns, and maintain voter registration records. 22 The Election Code prohibits any party from filling more than two of the three Commissioner positions. 23 Therefore the City Commissioners always form a bipartisan board.24

Current City Commisioner

Register of Wills
The Register of Wills determines whether documents offered for probate should be received as the deceased’s last and final Will. If a Will does not name an executor, the Register determines who should be given that responsibility. 25

Current Register of Wills

Clerk of Quarter Sessions
The Clerk of the Quarter Sessions serves the Criminal Courts of Common Pleas and Municipal Courts, as well as the Juvenile Division of Family Court. The Clerk maintains the records of the court systems, including fine and bail collection, issues subpoenas, and provides information to prisoners, attorneys and judges.26

Current Clerk of Quarter Session

Sheriff
Although the police department is the chief law enforcement agency in the City, the Sheriff's Office serves as the enforcement arm of the courts. In the criminal courts, the Sheriff's deputies guard and transport persons on trial, transport convicted persons to prison, and provide courtroom security.27 In the civil courts, the deputies serve complaints, subpoenas, and court orders; they also carry out court orders, including the seizure and public sale of property, and crowd control for picketing and demonstrations. 28

Current Sheriff

City Controller
The City Controller is the chief auditor of Philadelphia's financial affairs. Philadelphia's Home Rule Charter requires the Controller to conduct annual audits of every city office and agency, and it authorizes him or her to offer recommendations for improving the efficiency and economy of City government.30 Since the Controller is not elected at the same time as the Mayor and City Council, he or she can be an effective independent watchdog over the City's finances.

Current City Controller

District Attorney
The District Attorney serves as the "Attorney for the People" in the criminal courts of Philadelphia. The District Attorney’s staff investigates and prosecutes violations of state law within Philadelphia county boundaries.31 The District Attorney must be a resident of the City for at least one year.32 He or she must also be admitted to practice law for at least two years and a member of the Pennsylvania Supreme or Pennsylvania Superior Court Bar at the time of filing his or her nomination petition for office.33

Current District Attorney

The Mayor and City Council carry out the executive and legislative functions of City government. These officers serve four year terms34 and are elected in the mayoral municipal election (1999, 2003, 2007, etc).

City Councilmember
Similar to the Senate and House of Representatives on the state or federal level, City Council forms the legislative branch of City government.35 City Council creates the ordinances (local laws) that govern the City. City Council's duties include considering and approving: the annual budget, construction projects, tax rates, zoning ordinances, and many other projects and laws. The Mayor is empowered to veto any legislation passed by City Council; however, a two- thirds (2/3) majority vote of all members of Council can override that veto.36

City Council is comprised of ten members representing specific geographic areas (councilmanic districts) and seven "at-large" members elected by and representing the entire City of Philadelphia.37 Each voter has the right to vote for one candidate seeking district council office and for five councilmembers at-large. To guarantee minority party representation on City Council, Philadelphia's Home Rule Charter provides that one political party may not nominate more than five at-large candidates. 38

Councilmembers must meet the following qualifications prior to election:39
1. be at least twenty-five years old; and
2. reside within the City for at least one year. 40
In addition, district councilmembers must reside in their district throughout their term(s) of office.41

Current City Councilmembers

Mayor
The Mayor serves as the chief executive of the City.42 He or she is responsible for the administration of the City and the enforcement of state and local laws within the City's boundaries.43 The Mayor appoints a four member cabinet consisting of the City Solicitor, City Representative, Finance Director, and Managing Director to assist in the governance of the City.44 Through the cabinet, the Mayor prepares city budgets, operates the police and fire departments, collects taxes, and performs countless other city services. As detailed above, the Mayor also fulfills a legislative role with the power to veto bills passed by City Council.45

To serve as Mayor, a citizen must meet the following qualifications prior to the election:
1. be at least twenty-five years old; and
2. reside in the City for at least three years.46

Current Mayor

Judicial Offices

Traffic Court

Philadelphia Traffic Court is a summary court of limited jurisdiction and not a court of record. There are seven elected judges currently sitting as the Traffic Court Judiciary, trained by the Commonwealth specifically to preside over and adjudicate citations issued within the County of Philadelphia, City of Philadelphia, as provided in the Title 75 Vehicle Code, set by the Legislature of the Commonwealth of Pennsylvania. The original police officer that issues citations is not required to be present at the Philadelphia Traffic Court trial of the defendant, however, a liaison officer from the same police department or division thereof shall represent the issuing officer and prosecute in the due process of the trial. Upon appeal, the original officer will be summoned to appear at the appeal process.

The Traffic Court is responsible for the collection of fines resulting from the issuance of citations by the Philadelphia Police Department and other various law enforcement agencies. This court will schedule hearings for these citations and will fairly adjudicate cases according to Title 75 of the Pennsylvania Motor Vehicle Code. This court can issue warrants for unpaid citations and arrest scofflaws with one outstanding violation on record at Philadelphia Traffic Court. Individuals may appeal all Traffic Court cases and receive a trial de novo in the Court of Common Pleas.

Courts of Common Pleas

The Courts of Common Pleas are Pennsylvania's courts of general trial jurisdiction. They have existed since the colonial charter of Pennsylvania, and are incorporated in the Pennsylvania Constitution of 1776. The Court of Common Pleas of Philadelphia County presently consists of ninety (93) judges who are currently assigned as follows: Trial Division, 67; Family Court Division, 20; and Orphans' Court Division, 3.

The Court of Common Pleas is supervised by a President Judge who is elected for a five year term by the Judges of the Court of Common Pleas.

Municipal Court

The Philadelphia Municipal Court is a court of limited jurisdiction with 25 law-trained Judges, and as such is responsible for trying criminal offenses carrying maximum sentences of incarceration of five years or less, civil cases where the amount in controversy is $10,000 or less for Small Claims; unlimited dollar amounts in Landlord and Tenant cases; and $15,000 in real estate and school tax cases. Municipal Court has initial jurisdiction in processing every adult criminal arrest in Philadelphia, and conducts preliminary hearings for most adult felony cases. Because, by statute, an individual does not have the right to a jury trial in Municipal Court, cases may be appealed to the Court of Common Pleas for a trial de novo. The current appeal rate averages approximately 3% or less. The Philadelphia Municipal Court has experienced many changes since its inception. The Court continues its growth towards its goal of excellence in providing timely and equal justice to all persons who have contact with the Court.

12.Note: City officials can generally hold the following positions: notary public, any office in the military or naval service of the United States or the Commonwealth of Pennsylvania, or an ex officio office held by virtue or another office or position. Philadelphia Home Rule Charter, adopted by the electors April 17, 1951, § 8-301. (The Home Rule Charter will be cited hereafter as Phila. H.R.C. § _____. The Charter may also be found at 351 Pa. Code § 1.1-100 et seq.).
13. Phila. H.R.C. § 10-107(5).
14. Phila. H.R.C. § 10-107(5).
15. See Walsh v. Tate, 282 A.2d 284, 289 (1971) (Register of Wills is not an office subject to the Philadelphia Home Rule charter unless Philadelphia votes to change it by referendum).
16. 53 P.S. § 12195 (first class city code)
17. Phila. Code § 2-112(2).
18. Both the Philadelphia Home Rule Charter and the Pennsylvania First Class City Code (53 P.S. §§ 12101, et seq.) are silent as to an age requirement for these offices. However, the County Code, 16 P.S. § 413, provides that the age requirement for holding county office is eighteen; although this Code does not apply to First Class Counties such as Philadelphia (16 P.S. § 102), presumably this would also be the minimum age for holding office in Philadelphia.
19. 53 P.S. § 12195.
20. Phila. H.R.C. § 2-112(4), (5)
21.Phila. Code § 2-112(4).
22. 25 P.S. § 1203.
23. 25 P.S. § 1203(b)(3).
25. Phila. Code § 2-112(1).
25. 20 Pa.C.S. § 901; Register of Wills, www,phila.gov/wills/ (last checked Sept. 6, 2005)
26. Clerk of Quarter Sessions, www.phila.gov/quartersessions/ (last checked Sept. 6, 2005)
27. Though not codified in the Philadelphia Home Rule Charter or First Class Cities Code, these are traditional roles for the Sheriff. See 70 Am. Jur. 2d Sheriffs, Police and Constables §§ 2, 3.
28. See www.phillysheriff.com (last checked Sept. 6, 2005)
29. 53 P.S. §§ 12421, 13152; Phila. H.R.C. § 3-401.
30. Phila. H.R.C. §§6-400 through 6-405; see also 16 P.S. § 7741.
31. 16 P.S. § 9952; see also www.phila.gov/districtattorney/aboutus/index.html
32. 16 P.S. §§ 7701, 7702.
33.16 P.S. §§ 7701, 7702.
34. Phila. H.R.C. §§ 2-100, 3-200
35. Phila. H.R.C. § 1-101.
36. Phila. H.R.C. § 2-202.
37. Phila. H.R.C. § 2-100.
38. Phila. H.R.C. § 2-101.
39. Phila. H.R.C. § 2-101.
40. Phila. H.R.C. § 2-103.
41. Phila. H.R.C. § 2-103.
42. Phila. H.R.C. § 4-100.
43. Phila. H.R.C. § 4-100.
44. Phila. H.R.C. § 3-102.
45. Phila. H.R.C. § 2-202.
46. Phila. H.R.C. § 3-300