Here's what's been going on at the Free Library of Philadelphia since November, in a nutshell. Notice no where during this process has the Director of the Free Library had any say-so in the matter...
By Alfred Lubrano
Inquirer Staff Writer
In an apparent attempt to retain strong mayoral authority, the Nutter administration will file a motion today to dismiss the original lawsuit that stopped the city from closing 11 libraries.
It's an effort by an administration that is fighting to keep mayoral prerogative - allowing Mayor Nutter to close any facility he chooses, such as a library, without being compelled to consult City Council.
The administration has thus placed itself in the unusual position of asking a judge to dismiss a lawsuit after she has already ruled against the administration in that same suit.
The complex legal fight breaks down this way:
Late last year, the administration decided to close 11 libraries to tighten a budget gap for fiscal year 2009.
A group of residents and three City Council members sued the administration to halt the closures. At the heart of their suit was a city ordinance written 20 years ago that states in part, "No city-owned facility shall be closed . . . without specific approval" from City Council.
City Solicitor Shelley Smith argued that the ordinance is invalid because it runs contrary to the City Charter. Smith said the charter gives the mayor authority to close libraries if he deems it necessary. Council overstepped its charter-granted powers 20 years ago simply by writing the ordinance, Smith argued.
Common Pleas Court Judge Idee C. Fox disagreed. In strong language, the judge ruled that the mayor must be guided by the ordinance and has to ask Council's approval to close city buildings. The 11 libraries, she said, must remain open.
The city appealed. Then, in the midst of the appeals process, the city announced that it would not close any libraries through June 30, the end of the fiscal year.
On Tuesday, the administration withdrew its appeal of the ruling, saying it was a moot point.
"To have an appeal, you have to have two parties in conflict," Nutter spokesman Doug Oliver said last night. Since the city has decided to keep open all libraries until June 30, no conflict exists, Oliver said.
But even with the appeal withdrawn, an issue remained for the administration.
"What does the mayor have the authority to do? Only a motion to dismiss the case would address this issue embedded in the lawsuit. That is why we are filing," Oliver said.
He added that with potential library closures looming in the 2010 budget, the mayor is concerned with "the all-important issue of the City Charter, what it allows, and how it delineates authority between the Council and the mayor."
Bill Green, one of the three Council members who sued the administration over the library closures, said yesterday that he was puzzled.
"I really don't understand how the administration can take an action like the motion to dismiss," he said. "It disrespects the judicial system. I can't begin to guess what their rationale is. The judge already ruled that the ordinance was valid."
Regarding a statement Tuesday by Smith in which she indicated that the city would not be precluded from closing libraries in fiscal 2010, Green said last night, "She is entirely incorrect."
Oliver said he disagreed and added that the city was not disrespecting the system but working within it.
Amy Dougherty, executive director of the Friends of the Free Library, said last night that she would not comment on legal issues.
Similarly, Irv Ackelsberg, the lawyer who brought the original suit in December, would not address the administration's latest move.
Asked to render an opinion on the city's motion to dismiss, an attorney close to the case who requested anonymity simply said last night, "I am mystified."