Communication 020460

June 12, 2002 TO THE PRESIDENT AND MEMBERS OF THE COUNCIL OF THE CITY OF PHILADELPHIA: I am returning herewith as disapproved, Bill Number 010695-A. Council passed this bill at its session on May 30, 2002. Bill Number 010695-A would amend the Philadelphia Code to add various requirements and prohibitions relating to students living in the Fourth Council District, and would place additional responsibilities on any college or university for certain violations of the Philadelphia Code. This legislation is overreaching. It creates a discriminatory pattern of enforcement thereby raising issues of fundamental fairness. Moreover, this legislation treats in a punitive way colleges and universities that are valuable members of our community. They contribute billions of dollars to our economy, employ tens of thousands of our fellow residents, and serve as anchors and partners in many of our neighborhoods. This legislation not only imposes vicarious liability for colleges and universities in the Fourth Council District as a way of addressing disruptive behavior of a handful of students, but, also will establish much more expansive liability for any college or university, regardless of where it is located. It establishes vicarious liability for any college or university for any of their students' behavior that takes place in the Fourth District, if that conduct is in violation of provisions of the Philadelphia Code relating to zoning compliance; noise and excessive vibration; property damage, prohibited conduct in public places; and refuse littering, again, regardless of where the institution is located. Consider the implications: * Temple University has 19,330 students enrolled in its undergraduate program. The vast majority are under the age of 23 years and enrolled full-time and thus fall within the reach of this bill. Temple University is responsible for their behavior in the Fourth Council District, even those living with their parents. * Likewise, Army Navy Game activity that takes place in the Fourth District exposes West Point and the Naval Academy to liability. * The University of Pennsylvania has almost 10,000 fulltime undergraduates. Again, under this Bill, Penn is made vicariously liable for the conduct of its students from the Art Museum to Fairmount Park, to Manyunk, West Philadelphia and Wynnfield. Thus, if a Penn student living in the Fourth District fails to shovel snow from in front of the student's home, Penn is liable. * Bill number 010695-A makes all colleges and universities responsible for student behavior at parties along Boat House Row, which just happens to be located in the Fourth District. * As drafted, Bill number 010695-A makes all colleges and universities responsible for student behavior during the Greek Picnic. While some universities have their own security units, pursuant to state law, none has the jurisdiction to permit the college or university to police its students citywide and thereby avoid the liability the bill would impose. Currently, there are approximately a quarter of a million students living in the Philadelphia region, and of that number, nearly 100,000 reside within the City of Philadelphia. During my Administration, significant efforts have been made to reach out to those individuals who choose to come to Philadelphia as students with the hope that they would choose to make Philadelphia their home after they complete their education. The City, in partnership with members of the business community and representatives from local universities, are investing more than $2.5 million in a multi-year initiative to retain students who call Philadelphia their home during their college years. Retaining students not only would have a positive and significant impact on Philadelphia's overall population, it would provide our City's burgeoning technology and knowledge based industries with a highly skilled and available workforce. My Administration has worked with the Pennsylvania Economy League and others to develop strategies that make Philadelphia attractive and inviting to individuals who come to Philadelphia to take advantage of one of our many great educational institutions. This measure would stifle those vital efforts and would make Philadelphia seem insular and uninviting to the very students we are seeking to retain. Let me emphasize that it is not my intention to minimize the concerns that have been raised by neighborhood residents who feel that the student population has negatively affected their quality of life in Philadelphia. Without question, quality of life in our neighborhoods is a central issue for this Administration. All residents - whether they are a student or not - have a responsibility to be good neighbors and respectful of those with whom they share the community. However, reaching practical solutions that allow both our City's long-term residents and our student population to live together with some degree of harmony without imposing severe restrictions on our visiting students is critical, to our long-term success as a vibrant, diverse city. Enactment of an overly broad, administrative web to ensnare students and universities is not the correct approach. By the way, I live in a university community, in fact. For the last 10 years, I have lived within two blocks of Temple University. Students are naturally loud; they tend to be on different time schedules than the working world! They have parked in my driveway; congregated in front of my house; played music I may never understand, with lyrics I abhor. But, they are our children, and our future leaders. I also have three children who have attended universities in other cities for a dozen years. I would like our city to treat other people's children the way I expected my children to be treated; firm but fair. I am confident a balance can be created between the students who choose to make Philadelphia their home while they attend college and the residents who have chosen to make Philadelphia their home long-term. This bill does not strike that important balance, however. I have spoken with Dr. Rodin, from the University of Pennsylvania who has committed to work with area college and university presidents to create a comprehensive program that does not single out just one university or one district of the City. For these reasons, I regretfully must return this bill as disapproved and hope that both members of Council and members of my Administration can work to develop solutions that accommodate students and residents alike while supporting our efforts to retain students as long-term Philadelphians. Respectfully submitted, John F. Street, Esquire Mayor Council President Anna C. Verna Members of City Council June 12, 2002 Page 4 Council President Verna June 13, 2002 Page 2