City Drops Library Appeal, But Nutter Says He Still Has Authority to Close Branches
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City Drops Library Appeal, But Nutter Says He Still Has Authority to Close Branches
Catherine Lucey
Mayor Nutter yesterday dropped his appeal of a ruling that barred the city from closing libraries without City Council approval. But Nutter said today that he still believes he has the authority to shut branches.
Nutter said he "absolutely rejected" the view that council approval is required to shut libraries.
"There is no concession on that particular issue and I fully expect if we have to, based on the numbers we released on Monday, all future decisions about any closures or changing the use or purpose of facilities as far as I’m concerned are still on the table," Nutter said.
The Nutter administration last fall announced plans to shut down 11 libraries as part of a series of budget cuts. But Common Pleas Judge Idee Fox ruled in December that the city could not shut down library branches without council approval. The administration has said the branches will all stay open through June.
Nutter said the appeal was dropped for practical reasons, noting there would likely not be a ruling for many months and the city is now working on their next budget. "We need to move on and get ready for fiscal year 10," Nutter said.
Mayor Nutter is not an attorney, and his view on the law is simply wrong. In the absence of any higher authority ruling to the contrary, the Common Pleas Court decision banning the Mayor from closing libraries without the consent by ordinance of the Philadelphia City Council is binding law. He will not get very far in Common Pleas Court if he attempts to close libraries again without City Council approval.— State Rep. Mark Cohen
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David Gambacorta spent a small eternity writing about cops, drug dealers and serial killers. Now he’s writing about power and politics – which sometimes reminds him of the old crime beat. He joined the Daily News in 2005. And yes, he knows you’re not quite sure how to pronounce his last name. E-mail tips to gambacd@phillynews.com
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Jan Ransom, a native New Yorker, joined the Daily News in 2010 after graduating from Howard University. She has since written about the difficulty of filing police complaints, tax deadbeats and life after violent home invasions. She joined the Daily News City Hall Bureau in 2011 and has plunged headfirst into reporting on administration budget battles and City Council shenanigans. E-mail tips to ransomj@phillynews.com
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Sean Collins Walsh is from Bucks County and went to Northwestern University. He joined the Daily News copy desk in 2012 and now covers the Nutter administration. Before that, he interned at papers including The New York Times, The Dallas Morning News and The Seattle Times. E-mail tips to walshSE@phillynews.com
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