Commenters weighing in on recent stories about tax delinquent city workers have questioned the city's authority to deduct up to 20 percent of the salaries of past-due workers. While it is true Philadelphia has no legal authority to deduct tax payments from the paychecks of non-employees, state law appears to give the city the right to do so when it comes to city workers. See the laws cited below:
§ 16084. Cities of first class may deduct delinquent taxes from wages of officers or employees
Any city of the first class shall have the right to collect delinquent taxes due to such city or the school district of such city by any public officer and employe, whose compensation is paid from moneys in the city treasury, by deducting from the salary or compensation of such officer or employe, semi-monthly or periodically, an amount not in excess of twenty per centum of the amount of any current salary or compensation due such officer or employe, as shown by the payroll from which such deduction is made as hereinafter provided.
§ 16086. City controller may certify name of employee to paymaster; payments may be deducted from salaries
The city controller shall have power in his discretion to certify the name of any city or school district officer or employe, whose taxes are delinquent, to the bonded paymaster of any department, board or agency of the city or school district, and direct such paymaster in submitting any subsequent payroll to deduct from the salary or compensation of such officer or employe such amount as the controller shall fix, not, however, exceeding twenty per centum of the amount of such salary or compensation payable at one payroll period, and to submit to the controller for audit a warrant for the salary or compensation of such officer or employe in such reduced amount, and an additional warrant drawn against the appropriation, for the payment of the salary or compensation of such officer or employe in favor of the receiver of taxes, equal to the amount by which such salary or compensation was so reduced. The paymaster shall accompany such warrant in favor of the receiver of taxes with his statement showing against whose delinquent taxes the amount of such warrant shall be credited, and the controller shall note on such statement of the paymaster the allocation of the amount of such warrant which he directs shall be made by the receiver of taxes as between the city and the school district. After audit by the controller, the city treasurer shall make payments to the officer or employe and to the receiver of taxes in accordance with such warrants. The statement of the paymaster and controller shall accompany each such payment to the receiver of taxes.
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I thought so. Good job again Patrick Kerkstra.— CleanupPhilly- So why would Nutter talk out of his behind right out of the box and claim that the city has "legal issues" in garnisheeing city employee wages, and that the unions could have some claim against the city, yadda yadda? It's pretty clear to me that Nutter would rather close libraries, since kids don't vote, than collect property taxes from the staff members of his peers at City Council or any employee in the corrupt Democratic Philly Machine.— CleanupPhilly
- How can Nutter be this weak when the city faces a crisis of this magnitude? He can't just cope with city employee property tax delinquency, he has to go after the whole $425 million owed the city in property taxes on 100,000 properties for more than one year. Or he should approve a state takeover, as was done with the PPA.— CleanupPhilly
- Thanks for the education. It would be nice to have the full cite because state statute and code are never this simple nor are any city ordinances. For example, parts of state code actually impose a time limit for pursuing tax deadbeats where the delinquency is not found to be fraud. Class one cities may have more autonomy than other PA cities it is still only a little more. "§ 16084" does not get anything with any search tool or site (Phila, PA code on-line, PA statutes).— nebulus
- Purdon helps. (Title 53 P.S. §§ 16081 - 16089; Part II, Chapter 43) If you read some of the other pertinent rules you will find that the City Solicitor has to provide the list of officers and employees who are delinquent based on info provided by the Revenue Commissioner. It still comes back to the Executive branch - the mayor - who MUST take the lead in this activity. He has demonstrated repeatedly that he is unwilling or unable to exercise the authority vested in him. You and I know that as a councilmaniac he intervened in tax problems for constituents. He is not going to step on councils' constituent services efforts.— nebulus
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