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ResolutionADOPTED

Resolution 130861

Proposing an amendment to The Philadelphia Home Rule Charter to provide that Council approval is required for certain contracts for one year or less for the purpose of providing legal representation and related services for indigent persons, including but not limited to parents and children who are subjects of dependency proceedings; criminal defendants; persons in juvenile justice proceedings; persons involved in behavioral health proceedings; and indigent persons involved in other proceedings where legal representation is required as a matter of law or by court order; and to provide that Council approval is also required for renewals or extensions of such contracts; and providing for the submission of the amendment to the electors of Philadelphia.

Introduced Nov 14, 2013Committee on Law and GovernmentOfficial record: City of Philadelphia via Legistar

Introduced by

Councilmember O'BrienCouncilmember Greenlee

From the floor

Passages in the official transcripts that cite this file number. Every quote links to its exact place in the record.

  1. “Thank you, Mr. President, members of Council. The right to counsel is a fundamental procedural safeguard guaranteed under the Bill of Rights to all persons accused of a crime who are unable to afford a lawyer. com) 2/5/15 - STATED - 2ND READING versus Wainwright, the United States Supreme Court recognized the fundamental role that legal representation plays in a fair criminal justice system. In November of 2013, I in…”

    Councilman O'Brien · Stated Meeting, February 5, 2015 · Feb 5, 2015 · official transcript, this passage

  2. “Thank you, Mr. Decker. Resolution 130861 2/20/14 - STATED - 2ND READING is a proposed amendment to the Home Rule Charter, so we will require a two-thirds vote. The Chair recognizes Councilman O'Brien.”

    Council President Clarke · Stated Meeting, February 20, 2014 · Feb 20, 2014 · official transcript, this passage

  3. “Thank you, Mr. President. The right to counsel is a fundamental procedural safeguard guaranteed under the Bill of Rights to all persons accused of a crime who are unable to afford a lawyer. S. Supreme Court recognized the fundamental role that legal representation plays in a fair criminal 2/20/14 - STATED - 2ND READING justice system. On November 14th, 2013, I introduced with co-sponsor Councilman Greenlee a three-pi…”

    Councilman O'Brien · Stated Meeting, February 20, 2014 · Feb 20, 2014 · official transcript, this passage

  4. “To the President and members of the Council of the City of Philadelphia, the Committee on Law and Government, to which was referred Bill No. 130851, entitled "An ordinance providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a Resolution approved by Council proposing an amendment of The Philadelphia Home Rule Charter to provide that Council approval is requir…”

    Chief Clerk · Stated Meeting, February 6, 2014 · Feb 6, 2014 · official transcript, this passage

  5. “The ayes have it, and these bills will be placed on our First Reading Calendar for today. Resolution No. 130861 will be placed on the Final Passage Calendar at our next session of Council. The Chair now recognizes”

    Council President Clarke · Stated Meeting, February 6, 2014 · Feb 6, 2014 · official transcript, this passage

Status timeline

  1. Nov 14, 2013Introduced and Referred · CITY COUNCIL
  2. Feb 4, 2014HEARING NOTICES SENT · Committee on Law and Government
  3. Feb 4, 2014HEARING HELD · Committee on Law and Government
  4. Feb 4, 2014REPORTED FAVORABLY · Committee on Law and Government
  5. Feb 6, 2014ORDERED PLACED ON FINAL PASSAGE CALENDAR FOR NEXT MEETING. · CITY COUNCIL
  6. Feb 20, 2014ADOPTED · CITY COUNCIL
  7. Feb 20, 2014MOTION · CITY COUNCIL

Official documents

Documents open on the City of Philadelphia’s legislative site.

Full text

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..Title Proposing an amendment to The Philadelphia Home Rule Charter to provide that Council approval is required for certain contracts for one year or less for the purpose of providing legal representation and related services for indigent persons, including but not limited to parents and children who are subjects of dependency proceedings; criminal defendants; persons in juvenile justice proceedings; persons involved in behavioral health proceedings; and indigent persons involved in other proceedings where legal representation is required as a matter of law or by court order; and to provide that Council approval is also required for renewals or extensions of such contracts; and providing for the submission of the amendment to the electors of Philadelphia. ..Body WHEREAS, Under Section 6 of the First Class City Home Rule Act (53 P.S. §13106), an amendment to The Philadelphia Home Rule Charter may be proposed by a resolution of the Council of the City of Philadelphia adopted with the concurrence of two-thirds of its elected members; now, therefore RESOLVED, BY THE COUNCIL OF THE CITY OF PHILADELPHIA, That the following amendment to The Philadelphia Home Rule Charter is hereby proposed and shall be submitted to the electors of the City on an election date designated by Ordinance: Bold italics indicates matter added by this amendment. ARTICLE II LEGISLATIVE BRANCH The Council - Its Election, Organization, Powers and Duties CHAPTER 3 LEGISLATION * * * Section 2-309. Leases and Contracts. * * * (6) Contracts for a period of one year or less, and renewals or extensions of such contracts. (a) The following contracts, renewals and extensions may be made only when permitted by Ordinance: (.1) Contracts for the rendering of services over a period of one year or less that involve an expenditure of more than one hundred thousand dollars ($100,000) for the purpose of providing legal representation and related services for indigent persons, including but not limited to parents and children who are subjects of dependency proceedings; criminal defendants; persons in juvenile justice proceedings; persons involved in behavioral health proceedings; and indigent persons involved in other proceedings where legal representation is required as a matter of law or by court order. (.2) Any renewal or extension of the term of a contract described in subsection (.1), including the renewal or extension of the term of a contract entered into prior to the effective date of this subsection (6). (b) Exemptions. (.1) Council may by Ordinance exempt from the requirements of subsection (6)(a) any contract, including any renewal or extension, that would otherwise be subject to those requirements. (.2) Any contract, including any renewal or extension, with the following organizations that would otherwise be subject to the requirements of subsection (6)(a) shall be exempt from those requirements unless Council provides by Ordinance to the contrary: the Defender Association of Philadelphia, the Support Center for Child Advocates, and Community Legal Services. (c) The requirements of this subsection (6) are in addition to any requirements imposed by other provisions of this Charter. ..End