Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of City Firefighters' Association of Philadelphia, Local 22, and Daniel Harrigan, Harry Schmidt, Timothy Tygh, John Cashman, Conrad Jackson, James Lonergan, and John V. Theisen, on their own behalf and on behalf of 2,891 Philadelphia Firefighters, and State Senator Vincent J. Fumo, the duly elected Senator of the First Senatorial District of Pennsylvania, and an official of the Commonwealth of Pennsylvania, in his capacity as Legislator, on behalf of himself, his constituents and all citizens and taxpayers of Philadelphia v. The City of Philadelphia and William J. Green, Mayor of the City of Philadelphia, W. Wilson Goode, Managing Director of the City of Philadelphia, and Joseph R. Rizzo, Fire Commissioner of the City of Philadelphia, No. 2017 April Term, 1980.
Howard J. Casper, Casper and Beavers, for appellants.
Robert J. Simmons, Deputy City Solicitor, with him Kenneth M. Jarin, Deputy City Solicitor, and Alan J. Davis, City Solicitor, for appellees.
President Judge Crumlish, Jr. and Judges Williams, Jr. and MacPhail, sitting as a panel of three. Opinion by President Judge Crumlish, Jr. Judge Palladino did not participate in the decision in this case.
[ 65 Pa. Commw. Page 285]
The City Firefighters' Association of Philadelphia*fn1 appeals a Philadelphia Common Pleas Court decision which sustained the preliminary objections of the City of Philadelphia and its officers.*fn2 We affirm.
In March of 1980 the City laid off 256 members of the Philadelphia Fire Department due to an impending fiscal crisis. The Firefighters assert, based on certain provisions of the Philadelphia Home Rule Charter, that these layoffs are illegal and were not made in good faith.
The Home Rule Charter provides in pertinent part:
Section 4-100 Chief Executive Officer.
The Mayor shall be the chief executive officer of the City. He shall be responsible for the conduct of the executive and administrative work of the City and for law enforcement within its boundaries.
(e) See to it that the City does not, except in case of unforeseeable emergency, incur a ...