Communication 060563

June 8, 2006 TO THE PRESIDENT AND MEMBERS OF THE CITY COUNCIL OF PHILADELPHJIA: I am herewith returning to you as disapproved, Bill Number 050795, which amends Title 20 of the Philadelphia Code to provide up to thirty days paid leave of absence in a calendar year to City employees who are called for military training or service in the National Guard. However, in deference to Council's vote I will initiate action to amend the Civil Service regulations to be consistent with the terms of Bill 050795. Generally, the determination of employee benefits is expressly vested in the Executive branch under the Home Rule Charter. Specifically, Section 3-702 of the Charter provides that the Administration, and not City Council, sets the compensation for most City employees, including all civil service employees and mot exempt employees. Section 7j-401(R) of the Charter further states that the Civil Service Regulations are to provide for "special leaves of absence in the various classes of positions in the civil service." Civil Service Commission Regulation 22.088 currently grants fifteen days of paid leave for military servicemen and National Guard reservists. I wholeheartedly support paid leave(s) of absence for those brave military men and women who protect our country. However, insofar as a military leave of absence is currently provided for under the Civil Service regulations, and the power to extend such leave is solely within the power of the Administration, this legislation is outside of City Council authority. For the aforementioned reasons, I cannot support this legislation Sincerely, John F. Street, Esquire Mayor - City of Philadelphia