(Wisdom, J., dissenting). See also the opinion of Honorable Edward Becker in Comprehensive Group Health Services et al. v. Temple University of Commonwealth, System of Higher Ed., 363 F. Supp. 1069 (1973). Hence, we find it unnecessary to consider the remaining jurisdictional allegations of the complaint.
FAILURE TO EXHAUST THE ADMINISTRATIVE REMEDIES
The defendants contend that the plaintiffs have failed to exhaust their administrative remedies before OEO and that the proceeding is, therefore, not ripe for judicial intervention. The principle of exhaustion of administrative remedies does not, however, have any application to the situation before us. Plaintiffs do not seek review of an administrative decision, nor can they obtain an administrative ruling since OEO has no administrative procedures to review issues such as those presented herein. See Rosado v. Wyman, 397 U.S. 397, 406, 90 S. Ct. 1207, 25 L. Ed. 2d 442 (1970). See also the opinion of Honorable Edward Becker in Comprehensive Group Health Services et al. v. Temple University of Commonwealth, System of Higher Ed., supra.
STANDING TO SUE
The Court finds that the plaintiffs have standing to press the claim that the defendants have failed to act in accordance with law in firing Mr. Hardy as the Executive Director of PAAC and in refusing to renew the contract of Mr. Crippins as General Counsel. As the previous Executive Director and General Counsel of PAAC, Mr. Hardy and Mr. Crippins are at least arguably within the zone of interests to be protected and have a personal stake and interest that impart the concrete adverseness required by Article III. Association of Data Processing Service v. Camp, 397 U.S. 150, 90 S. Ct. 827, 25 L. Ed. 2d 184 (1970); Barlow v. Collins, 397 U.S. 159, 90 S. Ct. 832, 25 L. Ed. 2d 192 (1970).
DISTINCTION BETWEEN A "COMMUNITY ACTION AGENCY" ADMINISTERED BY A "COMMUNITY ACTION BOARD" AND A "COMMUNITY ACTION AGENCY" ADMINISTERED BY A "GOVERNING BOARD"
In order to determine whether it is the Mayor of the City of Philadelphia or the Board of PAAC which has the power to fire the Executive Director and refuse to renew the contract of the General Counsel, we must examine the two distinct types of community action agencies and their respective powers and functions recognized in the OEO Act. Section 211(a) of the Act and OEO Community Action Program Memorandum 81 delineate the two types of community action agencies as: (1) a state or political subdivision of a state, administering its program through a "community action board" and (2) a public or private non-profit agency designated by a state, administered by a "governing board."
The OEO Act and OEO Community Action Program Memorandum 81, interpreting the Act, make it clear that in a community action agency which is a state or political subdivision of a state, administered by a "community action board" the top elected or duly appointed officials of the state or subdivision who collectively possess the power to adopt or carry out local laws or ordinances have the power to appoint the Executive Director of the agency, as well as the power to appoint the General Counsel, unless these powers are delegated to the "community action board." It is also clear that in a community action agency which is a public or private non-profit agency designated by a state or political subdivision of a state, the "governing board" has the power to appoint the Executive Director as well as the power to appoint the General Counsel.
It now becomes necessary to examine PAAC to determine whether it is a political subdivision of the City of Philadelphia administered by a "community action board" or whether it is a public or private non-profit agency administered by a "governing board."
IS PAAC A POLITICAL SUBDIVISION ADMINISTERED BY A COMMUNITY ACTION BOARD?
On February 22, 1965 the Honorable James H. J. Tate, then Mayor of the City of Philadelphia, signed an Executive Order creating the Philadelphia Anti-Poverty Action Commission, pursuant to Section 3-100(h) of the Philadelphia Home Rule Charter, which states that the executive and administrative work of the City shall be performed by ". . . such additional advisory boards as the Mayor may appoint." On December 27, 1967 the City Council of Philadelphia passed Bill No. 2846 as Title 21-800 of the Philadelphia Code. The ordinance provides, inter alia :
Section 21-801(1) Creation of Commission. The Philadelphia Anti-Poverty Action Commission is hereby created. It shall be composed of an uneven number of members, not less than 31 nor more than 45 in number. All of the members of the Commission shall serve without compensation. The initial number of members of the Commission shall be 35 members and there shall be no change in the number of members of the Commission at any time unless two-thirds of the members appointed to the Board approve the change in membership. The members of the Commission shall select a chairman from among themselves. The term for which any member of the Commission shall serve shall be for a period of one year and until their successors are appointed and qualify.