COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE OF THE WHOLE3 Einstein Medical Center6 Gouley Auditorium 5501 Old York Road7 Philadelphia, Pennsylvania Tuesday, September 6, 20118 7:10 p.m. 9 10 PRESENT: COUNCIL PRESIDENT ANNA C. VERNA11 COUNCILMAN WILLIAM K. GREENLEE COUNCILWOMAN DONNA REED MILLER12 COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN MARIAN B. TASCO13 14 RESOLUTION 110523 - Resolution calling on City Council's Committee of the Whole to hold15 public hearings to educate and inform citizens on the redistricting process for City Council16 Districts in order to create an open and transparent process and opportunity for public17 engagement and input for City Council's consideration.18 19 - - -20 21 22 23 24 25 2 1
Good2 evening, everyone, and welcome. We're3 really brave souls to be out in this4 weather.5 This is a hearing of the6 Council's Committee of the Whole and the7 third of four hearings that will focus8 exclusively on the matter of councilmanic9 redistricting.10 I would like to acknowledge my11 colleagues who are here tonight. To my12 extreme right is Councilman Bill13 Greenlee. Next to him is Councilwoman14 Tasco, and to my left Councilwoman15 Miller, who are hosting this evening's16 events, and I will turn the proceedings17 over to them. However, before doing so,18 I would like to conclude with some brief19 remarks.20 The 1951 Home Rule Charter21 states, and I quote, "It shall be the22 mandatory duty of the Council to23 redistrict the City within six months24 after the publication of the United25 3 9/6/11 - WHOLE - RES. 1105231 States Census Bureau of the population of2 the City." In other words, every ten3 years it becomes Council's duty to redraw4 the boundaries of the City's ten5 councilmanic districts. Before we carry6 out that responsibility, we want to7 provide you, the public, with an8 opportunity to weigh in. We have a big9 task before us and we welcome your input.10 This year's redistricting11 process begins at a difficult starting12 point. Although the City's total13 population has not changed really14 significantly in the last ten years,15 there has been dramatic shifts in the16 population of many districts. The main17 challenge that we face is that four18 districts that have lost significant19 population - the 3rd, 4th, 8th and 9th -20 are all located on the west side of the21 City and are adjacent to each other.22 Likewise, the three districts that have23 gained significant population - the 1st,24 6th and 7th - are located on the east25 4 9/6/11 - WHOLE - RES. 1105231 side of the City. That means that2 redistricting cannot be accomplished3 simply by tweaking a few voting divisions4 here and there. Some significant5 redrawing of the map is inevitable.6 The law concerning7 redistricting is quite complicated. For8 example, it isn't only to have districts9 that are nearly equal in population, but10 other goals serve well. Courts have11 permitted some deviation from the ideal12 population to further those goals. Other13 factors to consider include maintaining14 neighborhoods, encouraging adequate15 representation of minority populations16 and preserving core areas of districts.17 I have been asked to clarify18 the deadline under which we are working.19 The six-month clock started ticking on20 March 9th, 2011, so the deadline for21 redistricting is September 9th, 2011. If22 there is no plan by then -- it's the23 29th, I believe, isn't it? The 29th?24
If2 there's no plan by then, Councilmembers3 will not, will not receive their salary4 until Council passes a redistricting5 ordinance and either the Mayor approves6 it or it becomes law without the Mayor's7 approval. Our expectation is to8 introduce proposed redistricting9 legislation at Council's September 8th10 session, hopefully. That legislation,11 like all other bills, will be scheduled12 for a hearing, at which members of the13 public will have every opportunity to14 testify. If all goes well, on September15 22nd, Council will approve the final16 version of the bill and the Mayor will17 sign it.18 So with these considerations in19 mind, our job this evening is to listen20 to you and to learn your concerns. We21 truly welcome any suggestions you may22 have.23 Councilwoman Tasco and24 Councilwoman Miller, the floor is now25 6 9/6/11 - WHOLE - RES. 1105231 yours. Thank you.2 And may I just acknowledge3 Councilwoman Maria Sanchez has just4 walked in. She's the Councilwoman to my5 extreme left.6 Councilwoman Tasco.7
Thank you,8 Madam President.9 Good evening, everyone. Good10 evening. You weathered this storm to11 come here, and we really appreciate that12 you have taken time out of your schedules13 to come this evening to listen to the14 testimony and/or testify yourself on what15 you think the boundaries might look like.16 I know that there's been some17 concern because people wanted to respond18 to maps, but we want to get input from19 those who have an interest in the20 redistricting issue, and then as we21 deliberate, take those considerations --22 take those issues into consideration.23 As President said, once we draw24 the boundaries, there will be a bill25 7 9/6/11 - WHOLE - RES. 1105231 introduced into Council and then there2 will be a public hearing and you will3 have an opportunity to see what has been4 drawn and have your comments included in5 the public record. And, as you know, we6 do have what you call a public forum.7 Once the bill is introduced and is on the8 Calendar, you have the opportunity to9 come forth and express not only at the10 hearing but prior to passage, there are11 other opportunities to voice your opinion12 about the process.13 I'd like to thank the Einstein14 Medical Center for allowing us to use15 their facility again. Einstein Medical16 Center is in the 9th Councilmanic17 District across the street from the 8th.18 We work together. They're very19 cooperative, and we have used this20 facility on any number of occasions, for21 public meetings, for the debates that22 were held in 2007 and the community23 activities. They're a good neighbor and24 we enjoy working with them in this25 8 9/6/11 - WHOLE - RES. 1105231 community. Leroy Howell is our contact2 here and I think he's trying to get --3 there he is. Thank you, Leroy, for4 helping us arrange to have this hearing5 here this evening.6 I'd like to thank my colleagues7 for coming out. And now I will ask8 Councilwoman Miller if she has any9 remarks, to please go forth.10
Hi. I11 too would like to thank everyone for12 coming out. The weather is just so bad,13 so stormy, and we're glad to see that14 people actually came. I also would like15 to thank Einstein.16 This is an opportunity for17 people to voice their issues and concerns18 and probably learn a few things about the19 redistricting that happens in this city20 and cities across the country every ten21 years. So with that, I guess that's22 about it.23 Thank you.24
Let me25 9 9/6/11 - WHOLE - RES. 1105231 also recognize J. Whyatt Mondesire,2 President of the statewide NAACP, as well3 as Philadelphia NAACP and the National4 NAACP. He's a member of the Board and5 certainly has been instrumental in6 encouraging us to have these public7 hearings. Their agenda is a national8 agenda to make sure that the boundaries9 and the process -- the boundaries are10 fair and the process is fair. So, Jerry,11 thank you so much.12 Okay. Now we call Mr. Joe13 Garcia, our first witness, who is here.14 Is Mr. Jose Oyola here?15
Just you?17 Okay. Thank you.18 (Witness approached witness19 table.)20
Oh, excuse21 me. Derek is going to read the title of22 the resolution.23
Resolution No.24 110523, calling on City Council's25 10 9/6/11 - WHOLE - RES. 1105231 Committee of the Whole to hold public2 hearings to educate and inform citizens3 on the redistricting process for City4 Council districts in order to create an5 open and transparent process and6 opportunity for public engagement and7 input for City Council's consideration.8
Good evening,11 ladies and gentlemen. Good evening, all.12 I'm Joe Garcia for LatinoLines, former13 marine. My family and I live in the 7th14 Councilmanic District. My wife and I are15 raising our family there and our children16 go to the schools there, too.17 LatinoLines' detailed nuts and18 bolts testimony is already on the record,19 so tonight is a summation of all our20 points and the movement we're involved21 in, one man, one vote, a free society of22 fair and equal opportunities, the23 movement that gave us the Voting Rights24 Act of 1965. The movement begun right25 11 9/6/11 - WHOLE - RES. 1105231 here in Philadelphia in 1776 that we cite2 today on our own behalf.3 We also fully understand the4 pressures on you, the City Council. It's5 a difficult task for fairness. Yet still6 the record shows the Council never showed7 us any details and had us all testify8 anyway. The good news is the record is9 now more clear than ever and the jury of10 public opinion is in.11 In her testimony during the12 Council's first hearing, Mayor Nutter's13 Chief of Staff, Suzanne Biemiller, called14 for City Council to, quote, "slay the15 gerrymander and make districts that are16 compact and make sense." Among other17 references to the 7th District, she also18 said, "The Administration urges City19 Council to maintain communities of20 interest," end quotes.21 We are grateful and22 appreciative of the Mayor's support. We23 are heartened by the support and24 leadership of Councilwoman25 12 9/6/11 - WHOLE - RES. 1105231 Quinones-Sanchez.2 LatinoLines is extremely3 pleased to see the Mayor's Office, the4 press and other leaders joining us in our5 assessment and concern for the health and6 viability of the 7th Councilmanic7 District.8 In the very least, the snaking9 tail and jug handle have got to go. We10 have heard talk about some plans.11 Let us be very clear. Any12 scenario where the 7th District goes13 above Cottman Avenue is unacceptable and14 we will call on the Mayor to veto such15 plans.16 Our votes must no longer be17 diluted. No more threats of takeover in18 possible scenarios reminiscent of the19 tales of Civil War-era carpetbaggers.20 It's 2011 and we will have our district21 back and our neighbors back in our22 district.23 The 60 percent Latino voting24 population we have recommended for the25 13 9/6/11 - WHOLE - RES. 1105231 7th District is fair and reflects the2 realty of the 7th District's residents.3 That 60 percent gives us a Citizens of4 Voting Age number of 50 percent, proper5 and fair.6 You may have noticed that in7 the two prior hearings we were8 accompanied by lawyers from Latino9 Justice of New York. Juan Cartagena is a10 nationally respected civil rights11 litigator. He came in from New York, as12 did his colleague, Jose Perez, Esquire,13 at the first hearing. There have been14 numerous conferences and we have numerous15 legal options at this time.16 We feel hopeful because so many17 people agree with us that the 7th18 District must be brought into compliance19 with the laws of the land, specifically20 the Voting Rights Act of 1965.21 While we are hopeful, we are22 also prepared to do what is necessary to23 secure fair voting districts in24 Philadelphia.25 14 9/6/11 - WHOLE - RES. 1105231 We look forward to seeing the2 Council's maps and plans. We look3 forward to testifying again at that time.4 Thank you, Madam Chair, Madam5 President, Councilwoman Quinones-Sanchez6 and all esteemed Councilmembers. Thank7 you.8
Thank you14 very much for your testimony.15 Mr. Jerry Vattamala.16 (No response.)17
Next we18 have -- we're going to call on these19 three people before we call the panel up.20 Ms. Gwendolyn Davis.21
I'm sorry.24 (Witness approached witness25 15 9/6/11 - WHOLE - RES. 1105231 table.)2
Thank you very much3 for this. My name is Jordan Gwendolyn4 Davis. I currently live in the Carroll5 Park section of West Philadelphia, and I6 would like to first thank you all for7 having these hearings, because everyone8 who spoke here has the right to complain9 for the next ten years if something10 doesn't go right.11 Anyway, I'm not here to speak12 necessarily about West Philadelphia. I'm13 here to speak about a neighborhood that14 is close to my heart and where I receive15 services and often play, the gayborhood.16 I think that Kenyatta Johnson, who will17 be representing the 2nd District -- the18 gayborhood is currently in the 1st19 District -- would be a better choice for20 the gayborhood. As someone who has seen21 the Liberty City Candidates nights, I22 think that Kenyatta Johnson has the23 perfect combination of LGBT competence,24 as well as like understanding the poverty25 16 9/6/11 - WHOLE - RES. 1105231 issues that affect so many in the2 community, including us trans people,3 that I think he would be a better idea.4 And I just do not think Mark Squilla just5 has any idea of the issue.6 Now, true, both districts are7 very diverse, but I just want to8 reiterate that it would be -- that9 Kenyatta Johnson is right next door to10 the neighborhood and he should be pushed11 in in exchange. One idea would be also12 to push Squilla into the 26th Ward,13 because that's more of an ethnic white14 ward and I think that will just be a15 better match. It just is a win-win16 situation for everyone.17 Thank you.18
Thank you19 very much for your testimony.20 Adam Bonin of JSPAN.21 (Witness approached witness22 table.)23
Thank you very24 much, Councilwoman President Verna and25 17 9/6/11 - WHOLE - RES. 1105231 all the members who are here. My name is2 Adam Bonin. 18 Given the hour, given the third19 public hearing and given that the rain20 might ultimately end, I'm going to try to21 keep our remarks brief. You have our22 written testimony, and I'm going to skip23 certain parts of it, but I have to start24 at the beginning, which is my own25 18 9/6/11 - WHOLE - RES. 12 Then I got to law school, and13 while I was at Chicago, I took a seminar14 on election law with a gifted young15 professor who taught me to think about16 things differently. 24 My election law professor was Barack25 19 9/6/11 - WHOLE - RES. 4 Number one is to respect5 communities of interest. 14 Number two is that these15 districts be compact, contiguous and16 clear. There has been much talk in the17 media about wards being the building18 blocks of districts, but wards are a19 political insider's game that have no20 natural constituency. Look at21 Philadelphia the way that its citizens22 do, not by what ward they live in but23 what neighborhood they live in, their24 police district, their school attendance25 20 9/6/11 - WHOLE - RES. 1105231 zone, the civic organizations that build2 up this city, the youth sports leagues,3 the parishes, all the different small4 communities that build up this city and5 through which Philadelphians define6 themselves. These are the relationships7 which build community and reflect the8 development of community. 12 The ideal plan should not reach13 beyond being lawful, but should reflect14 existing and growing community structures15 and facilitating their growth. 19 The third point -- actually,20 the third point we can skip, because21 there will be public hearings once the22 map is introduced. 24 The fourth and final thing is25 21 9/6/11 - WHOLE - RES. 1105231 to take an opportunity to rethink this2 process going forward. It is a little3 bit odd. I mean, look, it's odd in the4 beginning that you have this decennial5 process through which representatives6 choose their constituents. That's odd in7 and of itself. It is even odder when you8 have the timing situation which we have9 here in which certain members of Council10 will be remaining in this process for11 another election and others will not. It12 would be more fair if all members of13 Council were in the same boat and looking14 at the map. 19 Best of all would be a map drawn by an20 appointed neutral commission, which21 Council could adopt or reject but not22 tinker with. Such a change would require23 a Charter revision, which could also24 introduce inquiries into whether the25 22 9/6/11 - WHOLE - RES. 1105231 current size and composition of Council2 should change to ensure a representative3 and effective Council. Chicago has 504 aldermen to our 17 councilors, with a5 population that's not even twice our6 size. 11 JSPAN doesn't take a position12 on these questions, but we aren't afraid13 to have them asked. 19
Thank you20 very much for your testimony. Thank you.21 Karen Bojar. Am I saying this22 right?23 (Witness approached witness24 table.)25 23 9/6/11 - WHOLE - RES. 1105231
When you5 finish, would you give it to the6 stenographer, please.7
My name is Karen10 Bojar and I am a Board member of11 Americans for Democratic Action. I'm12 here tonight representing the Chair of13 ADA, Glenavie Norton, who unfortunately14 could not make it.15 ADA calls upon City Council to16 adopt the following principles for this17 year's redistricting:18 One, democracy. The proposed19 map should be made public in ample time20 for public comment and there should be21 multiple, convenient public hearings22 opportunities after the new Council map23 is made available to the public.24 Two, transparency. The public25 24 9/6/11 - WHOLE - RES. 1105231 should be informed of the content of any2 communications between the redistricting3 task force and individual members of4 Council.5 Three, communities of interest.6 Consistent with constitutional and Voting7 Rights Act requirements for equal8 rights - one person, one vote;9 majority/minority districts; contiguous10 districts, et cetera - districts should11 reflect recognizable communities of12 interest.13 Next, compactness. Consistent14 with constitutional and Voting Rights Act15 requirements, districts should be16 geographically compact. If the Council17 redistricting process does not meet the18 highest principles of democracy,19 Americans for Democratic Actions calls20 upon Mayor Michael Nutter to veto any21 Council district map that is politically22 gerrymandered or does not reflect23 adequate opportunity for public input and24 comment.25 25 9/6/11 - WHOLE - RES. 1105231 Finally, Americans for2 Democratic Action calls upon City Council3 to begin work on an amendment to the Home4 Rule Charter to provide for ample public5 hearings and an independent body for6 future redistricting.7 So thank you for your8 consideration.9
Thank you10 very much for your testimony.11 We want to present the12 FixPhillyDistricts.com presentation, but13 before we do that, so we let them be the14 last group, is there anyone else here to15 testify before we go to FixPhilly.com?16 (Witness approached witness17 table.)18
Good. My name is24 Matthew Wolf. I'm from West25 26 9/6/11 - WHOLE - RES. 1105231 Philadelphia, and the only thing that I2 wanted to impart to you is that I think3 that it goes to the core of what it means4 to be a representative democracy that5 when you're doing this -- and this is6 obviously -- there's politics involved,7 there's a wide variety of factors to8 consider, but there is no factor as9 important as having the districts be as10 close as possible in size. It goes to11 one man, one vote. And while I have12 heard in the media that a 10 percent13 variance is allowed by law and I've14 looked at those cases, I wouldn't be so15 sure that that is necessarily going to16 hold up, considering some evolution in17 the law recently, particularly some18 language in the Third Circuit decision19 ten years ago involving Pennsylvania's20 congressional reapportionment. And I do21 understand that the law has drawn a line22 between congressional reapportionment and23 local reapportionment, but the language24 in there talking about the changes in25 27 9/6/11 - WHOLE - RES. 1105231 technology and such that allow the2 map-makers to do this with more precision3 is something that will likely be tested4 if there's a wide variance in the5 population of the districts this time.6 That's really all I had to say.7 Thank you very much for your time.8
Thank you.9 Thank you. We appreciate your testimony.10 We now call on11 FixPhillyDistrict.com, Robert Cheetham.12 Mark, are you testifying?13 REPRESENTATIVE COHEN: Yes.14
You're15 going to testify?16 STATE REPRESENTATIVE COHEN:17 Yes.18
State23 Representative Mark Cohen.24 (Witness approached witness25 28 9/6/11 - WHOLE - RES. 1105231 table.)2 REPRESENTATIVE COHEN: Thank3 you.4
Whose5 district is -- part of his district is in6 the 9th District.7 REPRESENTATIVE COHEN: That's8 right. Well, I'd like to welcome you to9 the 202nd Legislative District, part of10 the 9th Council District and the 1st11 Congressional District and Shirley12 Kitchen's Senate district and all sorts13 of other good things.14 I have no prepared testimony,15 as you see. I would like to just make a16 series of very, very brief17 recommendations, Madam Chair.18 First, I would support a19 greater Latino percentage in the district20 now represented by Councilwoman21 Quinones-Sanchez. I think that would be22 very popular in the Latino community, and23 I think it would also be popular in24 Northeast Philadelphia, many of whose25 29 9/6/11 - WHOLE - RES. 1105231 residents would very much like not to be2 in that district.3 Secondly, I remember ten years4 ago the great struggles the UN threw. My5 father was a part of those struggles, and6 I would hope it would not be necessary to7 go through those same struggles again. I8 think Councilman Ortiz, Councilman9 Mariano both suffered greatly from those10 struggles and the image of City Council11 also suffered as a whole, and you have12 now -- there's no election scheduled13 until 2015 and there will be six new14 Councilpeople elected next year. There's15 nothing stopping the new members of City16 Council, if they so choose, from joining17 with the other members and revising18 whatever you do. I would urge that you19 pass a plan rather than holding out for20 the most perfect plan for an extended21 period of time.22 Beyond those recommendations, I23 would -- I commend you for holding these24 public hearings, and I think that you25 30 9/6/11 - WHOLE - RES. 1105231 ought to be aware that the State2 Legislature has a deviation of under 63 percent. That's the standard deviation4 at the Legislature, who has dealt with it5 now for about 40 years, and the Supreme6 Court has repeatedly upheld that. I7 don't know what the chances are, if any,8 the Pennsylvania courts would uphold a9 challenge to a deviation somewhere10 between 6 and 10 percent. Ten percent is11 the federal minimum, but you should know12 that certainly up to 6 percent you would13 be very safe.14 I do not envy your task. You15 have the same problem the State16 Legislature has in coming up with17 districts, that some parts of the City18 have gained population and other parts19 have lost population, and so the20 districts have to be stretched to21 accommodate that.22 I appreciate the invitation.23 If there are any questions, I'll be glad24 to answer them. Thank you.25 31 9/6/11 - WHOLE - RES. 1105231
I'm4 sorry. Did you say the State Legislature5 is looking for deviations under 66 percent?7 REPRESENTATIVE COHEN: Under 68 percent.9
That's for10 the state boundaries, legislative11 boundaries.12 REPRESENTATIVE COHEN: That's13 correct. Justice McEwen has said that he14 will not support -- Justice McEwen is the15 swing member of the Legislative16 Reapportionment Commission in the cycle,17 and he said he will not support any18 deviation of 6 percent or higher, but he19 could support a deviation of 5.8 percent20 or 5.9 percent. So presumably he speaks21 for the Supreme Court in that since he's22 been appointed by the Pennsylvania State23 Supreme Court.24
Thank25 32 9/6/11 - WHOLE - RES. 1105231 you.2 REPRESENTATIVE COHEN: Thank3 you. Thank you for having this.4 COUNCILWOMAN TASCO:5 Councilwoman Quinones.6
Yes.7 Can you explain a little bit about how he8 plays a role in the state legislative9 drawing process? Because one would argue10 that the state legislative maps are11 almost worse than the Council ones. So I12 wonder how the deviation is the only13 thing that's allowed to sit, and are they14 not looking at compactness?15 REPRESENTATIVE COHEN: I think16 they're looking at compactness, but I17 think the main issue is compliance with18 the Voting Rights Act. There will be a19 serious attempt made by both political20 parties in the Legislature to guarantee21 that there will be two districts with22 Latino majorities this time for the first23 time. In addition, the Voting Rights Act24 requires that we maintain the districts25 33 9/6/11 - WHOLE - RES. 1105231 with black incumbents. And I think we2 have persuaded the republican party that3 there should be no democrat from4 Philadelphia who is without a district.5 The republican party had talked about6 getting rid of one of the democrats7 because there will be two democratic8 vacancies in all likelihood with the9 election sheriff of Jewell Williams, the10 election Councilman of Kenyatta Johnson.11 But my understanding now is that the12 republicans are in agreement that we13 should keep all 24 democratic House seats14 from Philadelphia, and I'm sure that will15 happen.16 I think compactness is the17 secondary goal. It's not required by the18 federal Constitution. And under state19 decisions for the State Legislature, it20 clearly is subordinate to the questions21 of equality of population and compliance22 with the Voting Rights Act. And so I23 expect that there will be districts that24 will not meet ideal standards of25 34 9/6/11 - WHOLE - RES. 1105231 compactness.2
In order3 to reach the other two goals, which is --4 REPRESENTATIVE COHEN: In order5 to reach the other two goals. And also,6 Philadelphia is a very difficult city in7 which to meet compactness standards8 because the City itself is not compact.9 There are plenty of borderline zigs and10 zags in the City's borderline itself.11 The City would be a lot more compact if12 Cheltenham Township would be a part of13 the City, if Bucks County didn't sink14 down so that -- and go a long way down15 the right side of Northeast Philadelphia,16 if Lower Merion was part of Philadelphia.17 I mean, one could redraw Southeastern18 Pennsylvania and create a more compact19 city. If we had a more compact city,20 there would be more compact districts21 much more easily. But we have to deal22 with the city that we have and the23 boundaries we have, and there's no24 appetite whatsoever to start25 35 9/6/11 - WHOLE - RES. 1105231 redistricting counties to meet standards2 of compactness. Districts reflect the3 difficulties within the City.4
Thank5 you.6 REPRESENTATIVE COHEN: Anything7 else?8 COUNCILWOMAN TASCO:9 Councilwoman Miller.10 REPRESENTATIVE COHEN: Yes,11 Councilwoman Miller.12 COUNCILWOMAN MILLER:13 Representative Cohen, when does your14 process start and do you have a deadline15 for ending?16 REPRESENTATIVE COHEN: Our17 process started in -- our process is18 somewhat ongoing, and it started really19 at the beginning of this year when we20 tried to reach agreement as to who the21 fifth person was. And then I guess in22 May, the Supreme Court ruled that the23 fifth -- because there was no agreement24 among the legislative leaders, the25 36 9/6/11 - WHOLE - RES. 1105231 Supreme Court ruled that the fifth person2 would be Senior Judge Stephen McEwen of3 Delaware County, who has a long judicial4 record, most recently serving on the5 Superior Court of Pennsylvania.6 The process started in terms of7 population count when on August 17th the8 panel said the figures are good enough9 for us to proceed. They're still not10 perfect. There's still some minor errors11 in tabulation despite the advances in12 computer technology. It still depends an13 enormous amount on a hand tabulation of14 figuring out what person is in what15 precinct and what census block.16 So they're operating on the17 assumption that it starts on August 17th,18 and they have under the state19 Constitution at least 90 days -- they20 have maximum, I'm sorry, maximum of 9021 days to draw districts, which would take22 us to about November 17th. The goal --23 and then they have 30 days for public24 hearings on the plan, which would take us25 37 9/6/11 - WHOLE - RES. 1105231 to December 17th. And then they've got2 30 days to come up with a plan after3 that, which would take us to January4 17th, and that's right around -- that's5 getting uncomfortably close to the filing6 deadline for the Legislature.7 In addition, the tradition is8 that the congressional redistricting is9 not done until after the legislative10 redistricting is completed. So an awful11 lot of people are getting a little antsy12 about how they're going to know what13 their district is in time to file a14 nominating petition, so there's going to15 be some effort to try to speed up the16 process, but the mandatory end would be17 around January 17th, and hopefully it18 will end quicker so that everybody knows19 where they live and what district they're20 in.21
And you22 have, what, a population of about 50 -- I23 think years ago it was 58,000.24 REPRESENTATIVE COHEN: It's25 38 9/6/11 - WHOLE - RES. 1105231 creeping up now.2
It's3 creeping up?4 REPRESENTATIVE COHEN: The5 minimum population is 61,900, is the6 figure we're operating under. I think7 the maximum is something like 62,523 --8 I'm sorry. That's the average. And the9 maximum would be something like 64,000.10 So basically between 61,000 and 64,00011 would be the size of the district. The12 minimum/maximum figures are based on a13 5.9 percent deviation. They're -- let me14 correct that. They're based on a 5.515 percent deviation. There will be a16 slightly bigger difference if they go up17 to 5.9 percent.18
Will they19 hold public hearings in Philadelphia?20 REPRESENTATIVE COHEN: Yes.21 They'll hold a public hearing, one.22 There would be a public hearing held at23 St. Joseph's University after the --24
I don't25 39 9/6/11 - WHOLE - RES. 1105231 know why we don't have ten.2 REPRESENTATIVE COHEN: City3 Council people are welcome to come and4 make demands. Justice -- it's a big5 state and it's tough to get around, and6 Justice McEwen was not thrilled at the7 idea of a lot of public hearings. He's8 close to 80 years old and he's not really9 interested in touring the State of10 Pennsylvania for public hearings. So11 there will be --12
Two from13 the Senate, two from the House DNR and14 then the judge. That's their committee15 of five.16 REPRESENTATIVE COHEN: That's17 correct. And each of the leaders of the18 respective party caucuses are the members19 of the committee.20
And21 that's written into law, that structure?22 REPRESENTATIVE COHEN: The23 structure is written into law. The24 appointments of the members of the25 40 9/6/11 - WHOLE - RES. 1105231 committee are made by the leaders.2 Generally in the past the leaders have3 appointed themselves. They've not always4 appointed themselves. And this will be5 the second time we have a retired judge6 in this role. Once we had a future7 judge, a leading lawyer in Pittsburgh,8 and twice we had deans of the University9 of Pennsylvania Law School in this role.10
Thank you11 very much. Thank you.12 Any more questions or comments?13 (No response.)14
Okay. I18 guess now we're ready for you. Thank you19 so much for your patience. Why don't you20 state your name for the record. You're21 going to testify.22
My name is23 Robert Cheetham. com contest and --25 41 9/6/11 - WHOLE - RES. 7 I'm going to do a brief8 introduction of the contest. Some of you9 have already heard this before, so I beg10 your indulgence, but for the other11 members of Council who weren't at last12 week's hearing, I'll walk through it very13 briefly again. com, the Daily News and the Penn25 42 9/6/11 - WHOLE - RES. 1105231 Project for Civic Engagement. It ran for2 about three and a half weeks. We had3 almost 500 people who participated in the4 competition. 8 The basic rules that Council is9 bound by that we used in the contest,10 people had to come up with ten districts11 in their plan. Those districts had to be12 contiguous, had to follow the equal13 population rules. 20 These were translated into21 three different scores. One was equal22 population, the second was compactness,23 and the third was the number of ward24 splits. And, finally, respecting25 43 9/6/11 - WHOLE - RES. 4 We asked each of the people who5 submitted to the contest to write down a6 narrative of what sort of values they7 considered when they were creating their8 plans. 22 I'm now going to walk through a23 few of the people. We gave awards to24 seven plans. We are not necessarily --25 44 9/6/11 - WHOLE - RES. 1105231 none of the partners here were out to2 endorse any given plan. We think all3 seven of these plans are very good. 13 The plans that we're going to14 present here in some cases in each of the15 three categories were the highest scoring16 ones. We also gave an overall prize and17 we have three honorable mentions. 23 711. We had people from not only the24 Philadelphia area but from outside the25 45 9/6/11 - WHOLE - RES. 1105231 region as well. 11 So he began with that. He got it down to12 a total deviation of only 161 people. 16 Some of the districts in his17 particular plan are modeled on state18 Senate districts or groupings of state19 House districts. 22 My knowledge of these allowed23 for the development of majority/minority24 districts and the groupings of25 46 9/6/11 - WHOLE - RES. 1105231 communities of interest. There are2 distinct districts for South Philly,3 Southwest Philly, West Philly, Center4 City/University City, Roxborough/Chestnut5 Hill, Germantown/Mt. 9 I did not have any knowledge of10 incumbent home addresses, so I was not11 attempting to consider this. 17 I think it combines the best balance of18 equitable population, contiguity,19 compactness and preserving communities of20 interest. 24 So that was an honorable25 47 9/6/11 - WHOLE - RES. 1105231 mention. The next plan is Plan No. 2 This was submitted by a team in North3 Carolina. They actually created dozens4 and dozens of plans. 17 Each district population is18 within two and a half percent of the19 ideal. 21 The plan is particularly good at22 preserving minority voting rights. It23 has four African American majority24 districts, one strong Hispanic district25 48 9/6/11 - WHOLE - RES. 1105231 greater than 40 percent and a mixed2 minority/majority district of African3 American, Hispanic and Asian. 8 The plan also respects natural9 boundaries, which the district boundaries10 tend to follow. 23 I used two computer tools to24 help me design dozens of very good plans25 49 9/6/11 - WHOLE - RES. 1105231 rather quickly. One tool is the2 iRedistrict software package, which is3 based on computational optimization4 algorithms to quickly design plans5 according to a set of criteria. 10 I strongly feel that given the11 right tools, anyone can participate and12 make important contributions to the13 redistricting process. I wish to thank14 the FixPhillyDistricts competition15 organizers and sponsors for promoting16 public participation and to thank members17 of Council for allowing me to present18 this tonight. 19 That was 1175. Plan No. 25 50 9/6/11 - WHOLE - RES. 1105231
Good evening, Council5 President Verna and members of City6 Council. My name is Andrew Toy and I'm7 here as a member of Asian Pacific8 Americans for Progress, or APAP, the9 Philadelphia Chapter. I also serve on10 the Boards of the Philadelphia Chinatown11 Development Corporation and the Americans12 for Democratic Action. Thank you for the13 opportunity to speak today to address the14 community concerns with the anticipated15 City Council redistricting. 23 One of the reasons I ran for24 City Council was to give a voice to many25 51 9/6/11 - WHOLE - RES. 1105231 who felt left out of the decisions that2 can either move our city forward or hold3 us back. 14 I also forgot to before mention15 Harris Sokoloff and Chris Ditullo. Thank16 you for putting this together. S. Congress19 has also recognized the need for more20 openness in introducing the Redistricting21 Transparency Act of 2010, HR 4918. In22 particular, as an Asian American, I am23 concerned that Asian American, Latino and24 other minority voices are not shut out25 52 9/6/11 - WHOLE - RES. 1105231 through a bad remapping process. 8 It is also clear that there is9 court precedent to mandate that these10 communities of interest not be split to11 dilute their voices. I know that there12 are many within the Asian American13 community who do not want their14 communities to be split into many15 districts. They are looking forward to16 continuing and growing the relationship17 with their District Councilperson with a18 more unified voice. 23 The APAP redistricting map was24 an effort that came about within the25 53 9/6/11 - WHOLE - RES. 1105231 context of the constant2 underrepresentation of the Asian American3 communities in Philadelphia. 25 54 9/6/11 - WHOLE - RES. 5 The Schuylkill River was one place we6 tried not to cross, so we started by7 unifying the 3rd Council District to8 include Southwest Philadelphia. 18 Finally, in examining the Asian19 American and Latino communities of20 interest in addition to the 3rd District,21 we found there were natural groupings of22 Latinos around the 7th District, of23 course, and significant groupings of24 Asian Americans in the 9th around East25 55 9/6/11 - WHOLE - RES. 1105231 Oak Lane, Olney, Logan, Lower Northeast,2 Chinatown and South Philly. In3 particular, the 9th District if drawn4 compactly has the highest Asian American5 percentage of any at 14 percent. There6 were 12 percent in the 1st District,7 which keeps Chinatown and South8 Philadelphia east of Broad together, and9 there were almost 9 percent in the 2nd10 District. 14 Other than those goals, we did15 not have any other goals to try to16 protect certain existing districts from17 change. 20 There are sure to be many other21 variations, but it is clear that there22 are strong communities of interest that23 can be kept whole without sacrificing24 compactness and the equal distribution of25 56 9/6/11 - WHOLE - RES. 3
Thank you, Andy.5 The next person is Plan No.6 1243. This is by Steve Horton. Is Steve7 here this evening?8 (Witness approached witness9 table.)10
Good evening,13 President and members of Council. 18 As a longtime activist and19 organizer working with many of you, and20 many community residents are here today21 and others are not, my approach here was22 really to reduce the fragmentation to23 really, in essence, as reflected in my24 remarks, as one garners the support and25 57 9/6/11 - WHOLE - RES. 1105231 activism of various issues that affect2 all our lives. 9 So one of the things I wanted10 to really stress tonight in this whole11 process is to really say, in essence,12 organizing and making sure that13 jurisdictions reflect the essence of the14 neighborhoods, their natural neighborhood15 boundaries, their natural ways in which a16 lot of community residents are brought17 together, civic groups, business groups,18 many of whom I have worked with actively,19 play a very key role in that. This20 process, which I certainly welcome and I21 certainly congratulate all the sponsors22 of this whole process, have been23 absolutely invaluable. Of the hundreds24 of people that participate, I25 58 9/6/11 - WHOLE - RES. 1105231 congratulate every one of them for2 participating in this. And this3 particular plan tried to basically4 simplify and manage in a way that is a5 bit different than the way we've done6 that. All one has to do is look at the7 Committee of Seventy list of8 jurisdictions and quickly you realize9 that many of our fragmented wards have10 really come together in such a way that11 you're wondering how do I best get my12 issues across. 15 During that time that I've been16 involved in that, the challenges have17 been extensive. We all know that certain18 pockets that have been mentioned by other19 speakers like, for example, the east side20 of the City, there's been a lot of growth21 and development. So finding the proper22 balance of population was really23 challenging, to say the least. And in24 this variation of that, the idea of being25 59 9/6/11 - WHOLE - RES. 8 I think as you look more9 carefully at the map itself, while there10 are some variations and there's some11 elements of that, let me give you one12 example of a challenge that I faced. 18 However, because of population challenges19 and because of the fact that we were20 trying to stay within the confines of21 balance here, we ended up trying to find22 ways that we could essentially23 incorporate the elements of that into the24 district. Certainly making sure that all25 60 9/6/11 - WHOLE - RES. 1105231 of the communities, every one of us -- as2 they say, we're all better when we3 participate, and in many ways, government4 works better when each and every one of5 us participate in our own way. It can be6 as simply as voting. 18 I spent a lot of my career and19 a lot of my personal life working in20 economic development. When I'm working21 with the small businesses and22 neighborhoods across the way, how do I23 get them organized, how do I build a24 business association, how do I get them25 61 9/6/11 - WHOLE - RES. 11 So I would again like to thank12 all the sponsors of this wonderful13 project. I think it was a great exercise14 for many of us. I mean, the fact that15 nearly 500 of us participated in this16 effort says a lot. 25 62 9/6/11 - WHOLE - RES. 3
Thank you,7 Steve.8 Steve was the ward splits9 winner. He was in a six-way tie for10 plans that managed to split zero wards.11 The next person up was the12 equipopulation winner, Chris Aguilar,13 Plan No. 1000.14
Correct me if19 I'm incorrect. It looks like you created20 District 5 to be that much-talked-about,21 much-rumored-about Center City district,22 which I know a lot of residents want to23 live in that area. What's the top24 boundary? What's that northern boundary25 63 9/6/11 - WHOLE - RES. 1105231 and the southern boundary?2
I believe that's3 Glenwood Avenue, and then you have Lehigh4 Avenue and then you come down 33rd5 Street. It's a lot of Strawberry6 Mansion. It takes in -- one of the7 things, for example, that I can just give8 you an example of that we talked about is9 obviously coming down, you do take the10 west side of Center City, but on the east11 side, again, being as it was in the 1st12 District and much of -- again, we were13 talking earlier, there's the14 consolidation of everything from the15 natural boundaries of Broad Street, and16 indeed what you also do is, you have17 Yorktown, which also incorporates into18 District 5.19 So there were some natural20 connections there, along the Uptown21 Theatre, Susquehanna NAC, a lot of the22 communities like that. So the attempt23 here was to indeed have a district that24 represents largely North Philadelphia,25 64 9/6/11 - WHOLE - RES. 1105231 with the connection with the areas south2 of Market Street, where indeed the3 Council district has been very active as4 well. So the attempt here was not in any5 way just have a single district. It was6 to use a lot of the North Philadelphia7 areas of that district and connect it to8 some of the redevelopment that's9 happening more in Center City.10
And the11 straight line across the bottom is what12 street?13
Is Mr. Aguilar16 here?17 (Witness approached witness18 table.)19
When I began this20 endeavor, my chief objective was to21 create a map that was both simpler and22 fairer than the present one. I tried to23 divide in an arbitrary, haphazard manner24 on the present map I hope to make whole25 65 9/6/11 - WHOLE - RES. 1105231 again. Some cases I found this practical2 to divide districts along natural3 boundaries. For example, the 7th4 District has been bounded by Broad Street5 in the west on this map and the Tacony6 Creek in the east. This district far7 more compact than the incumbent 7th8 includes within it the predominantly9 Latino neighborhoods of Hunting Park,10 Juniata Park, Feltonville, West11 Kensington, among others.12 A major part of this exercise,13 however, was to resolve the problem of14 how to accommodate the gradual consistent15 eastward shift of the City's population16 in recent years, in addition to more17 localized growth spurts such as has18 occurred in Center City and around Center19 City.20 This map has relieved some of21 that population pressure by reorienting22 the 9th District towards the Northeast.23 It is worth noting, however, that this24 reoriented 9th District would retain a25 66 9/6/11 - WHOLE - RES. 1105231 majority/minority voting age population.2 Another radical alteration that3 is made is in the 1st District, which is4 redesigned to encompass all of Center5 City, as well as the near river wards and6 Kensington, and it follows Spring Garden7 Street to the west across the Schuylkill8 River to 40th Street and thereby9 incorporates Powelton Village as well.10 In the south of the City you11 can see that the 2nd District has become12 one and the same with South Philadelphia.13 Meanwhile, the border between the 3rd and14 4th District of West Philadelphia has15 been pushed southward. The 5th District,16 which has subtracted territory in Center17 City, has widened to reach 40th Street in18 Mantua and crept northward to encompass19 neighborhoods of Tioga and Logan. And20 I'll note on this map where we are now21 would be the 5th District.22 Looking to the northwest, the23 8th District has retained its general24 character, bound in the east by Broad25 67 9/6/11 - WHOLE - RES. 1105231 Street and the south by the Wissahickon2 Park, and it has added West Oak Lane to3 the north, which allows it to grow in4 total population.5 The 4th District, which6 includes neighborhoods of Roxborough,7 Manayunk and East Falls, at least as far8 as the northwest section, has essentially9 retained its present configuration in10 this map.11 In conclusion, this map has12 aspired to fulfill the following13 objectives:14 One, offer a valid means toward15 resolving the present confusion of16 wayward district boundaries in the17 Northeast.18 Two, unify communities of19 interest in South Philadelphia, North20 Philadelphia and Center City.21 Three, prevent the division of22 communities in the Northwest, the region23 of the City that has lost the most24 residents.25 68 9/6/11 - WHOLE - RES. 1105231 And, of course, thank you for2 this remarkable opportunity and thank you3 to Azavea which made a remarkable4 experience out of this contest with its5 amazing software.6 So I'd be happy to answer any7 questions.8
Thank you9 very much. We appreciate it.10 AUDIENCE MEMBER: This is for11 Mr. Aguilar. Would you please define for12 me where the western boundary for the 9th13 Councilmanic District is under your plan?14
Where the western15 boundary for the 9th? That's Broad16 Street.17 AUDIENCE MEMBER: The street18 that separates the 8th from the 9th?19 Yes, right there.20
You're2 gone. We're gone. We're not in this.3 We're out. They just took us right on4 out.5
That was done for6 the purpose of the Northeast and making7 the Northeast contain three districts,8 which the population there requires9 essentially.10
Did you11 take into consideration community12 interests?13
Well, this is one14 possible solution. It's not perfect,15 obviously. I didn't say it was perfect,16 but it's one solution.17
Thank you.18 Thank you very much. Thank you for19 participating.20
The21 second-to-last winner is Fred Murphy.22 Fred Murphy represents a team of folks at23 Temple University and perhaps some other24 places, and Fred was the compactness25 70 9/6/11 - WHOLE - RES. 1105231 winner and is going to present his plan.2 (Witness approached witness3 table.)4
I'm the5 mathematician; Steve Kimbrough is a Ph.D.6 in philosophy; Ram Gopalan, Ph.D. in7 operations research; and Nick Quintas is8 looking for a job. He's our geographer9 and knows how to run the geographic10 information system we used.11 This plan is one that we12 developed using some analytic tools. We13 used a combination of hinature (ph)14 programming and a Darwinian approach to15 breeding solutions, and we then did a16 bunch of hand edits to produce a17 solution. This is a terrible plan.18
I agree.22 Matter of fact, I agree that all of them23 are terrible plans because they've X'd me24 right on out of them.25 71 9/6/11 - WHOLE - RES. 1105231
And why we did2 this is, we focused on the contest, which3 was to come up with a plan that had the4 most compact districts by one of the5 definitions of compactness. And if you6 look at the literature on this, there's a7 whole literature on definitions of8 compactness of districts and voter9 districting analytics. 16 Okay? 18 So what the lesson of this map19 is is that you cannot just rely on20 quantitative measures. Gerrymandering is21 like pornography. 24 And so we did such things -- if25 72 9/6/11 - WHOLE - RES. 1105231 you look at the boundary between2 Districts 5 and 6, we had to get as3 straight a line as possible and have the4 population quantities there, which meant5 we moved it over to, I guess, about 17th,6 18th Street, and in the process, we take,7 say, the 8th Ward and we wound up8 splitting it among three districts. And9 that's not the only one. 12 So this is not a map that I13 would recommend. It was a map designed14 to win a contest. But it's a starting15 point. So that, for example, if you move16 the boundary between the 5th and 6th17 Districts to Broad Street, say, south of18 roughly Federal Street and then move the19 boundary -- leave the boundary at 18th20 Street and then on South Street cut over21 to the Schuylkill, you do the population22 run and you create districts that begin23 to be more compatible with the24 population -- the interest of the25 73 9/6/11 - WHOLE - RES. 6 Now, one of the things that we7 did, by the way, is that we bred using a8 genetic algorithm called total Darwinian9 solutions here. We bred 116 different10 maps that kept the wards compact. 21 So in the process of doing22 this, we actually developed some23 interesting technology that may have24 commercial value for districting, because25 74 9/6/11 - WHOLE - RES. 3 Nevertheless, don't use this4 map. And what we learned is some very5 simple lessons. If you rigidly adhere to6 a single criterion for what is a good7 map, you're not going to wind up with8 reasonable districts. Human intervention9 is necessary. Yet we can use our10 analytic techniques to generate a lot of11 baseline starting points that you12 wouldn't have thought of. 21 And so it is possible to have a22 process that involves the community where23 we generate a lot of baselines that are24 reasonable. Community members can maybe25 75 9/6/11 - WHOLE - RES. 1105231 vote on them and express their opinions,2 because we're hearing opinions from the3 audience of people that don't like their4 neighborhoods by these other plans. 8 But in the end, a redistricting9 plan has to be a negotiated outcome. It10 can't satisfy everyone. 23 We all had fun. We all got excited. And24 in our case, we developed some25 76 9/6/11 - WHOLE - RES. 3 That's why we're professors. But one of4 the key aspects of this is, this contest5 generated a huge amount of interest and a6 huge amount of activity, and we have a7 lot of problems in this city, nuts and8 bolts problems, like closing or opening9 firehouses, designing police districts,10 developing citizen-government11 communication technologies. 17 And companies are doing this. Netflix18 ran a competition for how to decide what19 films to recommend based on what films20 you took out from them or downloaded from21 them, and they had a multi-million-dollar22 prize. I don't expect to get that kind23 of money in this kind of contest here,24 but they wound up with some winners that25 77 9/6/11 - WHOLE - RES. 1105231 they implemented and have improved their2 business. 4
I have a7 question. One of the things that came up8 in the last hearing a lot, and I haven't9 heard it that much here, is around ward10 splits and the geography of the wards.11 You said there were 66 wards. There's12 actually 69, because they're A and B.13 Did you find that to be a big detriment?14
Actually, when15 doing the edits, the hand edits to get16 things straight, it was really quite17 obvious that -- even the subdivisions18 within the district, all those boundaries19 make no sense, especially in the20 neighborhoods I knew. And so using the21 districts as a proxy for this -- or the22 wards as a proxy was a good idea, but23 what we really need are a better set of24 districts that better reflect the25 78 9/6/11 - WHOLE - RES. 1105231 neighborhoods, and the subdivisions2 within the districts should be defined3 that way as well. It's a very, very4 higgly-piggly pattern here that makes no5 sense. And so we could do a lot better.6 And an improved governance -- because why7 wards are important is that the ward8 leaders communicate with the residents9 and they can communicate with10 Councilpeople, if you have sensible ward11 leaders.12
Jeff, you13 have a question of this gentleman?14 AUDIENCE MEMBER: In your15 software, did it take into consideration16 the short-term resident and collegiate17 people and the population of the prison18 people in the districts that you counted?19
I don't know. We20 just took the numbers that Robert posted21 and used those, and I don't know what22 they contain. It all depends on what the23 Census defines.24 AUDIENCE MEMBER: If included,25 79 9/6/11 - WHOLE - RES. 1105231 it would be an imbalance, and if2 excluded, it would be an imbalance in3 your numbers.4
You have to make a5 choice, and there are arguments both6 ways. Students in many ways are7 temporary residents, but I teach at8 Temple and a lot of those students are9 long-term residents, so they deserve10 citizenship rights. But if someone going11 to Wharton and going to become an12 investment banker in New York, is that13 someone who deserves voting rights? You14 know, that's a political question.15 AUDIENCE MEMBER: Okay.16
But it17 is a challenge that we've identified.18 For instance, when you look at the wards19 around -- the divisions around Temple,20 some of those divisions have 650 people.21 There are 650 students in one building.22 But because the students were allowed to23 self-identify where they wanted to be24 counted. So if they were counted at25 80 9/6/11 - WHOLE - RES. 1105231 home, they weren't counted here. And the2 same is the case -- I have three prisons3 in my district. All of those people had4 a choice to identify in the prison or at5 home.6
Well, in New7 Haven, Connecticut a Yale student became8 a City Council member because he signed9 up all his students.10
Well, we11 certainly thank you. Certainly we have12 to look at how we engage the talents and13 skills from our local universities. So14 you may be hearing from us.15
Thank you very18 much, Fred.19 Fred was the winner of the20 compactness score item. And one of the21 things we noticed was what Fred pointed22 out, that paying attention to any single23 one of these produced plans that were not24 optimal. Balancing them all is a very25 81 9/6/11 - WHOLE - RES. 1105231 major challenge.2 And the last person who is here3 this evening was given the award for the4 overall winner, and it is Mr. John5 Attanasio, and this is his plan.6 (Witness approached witness7 table.)8
Thank you for9 the opportunity to present this10 testimony. My name is John Attanasio. I11 live in Center City. 22 I think I first learned about23 gerrymandering when I was in seventh24 grade. That was a very long time ago,25 82 9/6/11 - WHOLE - RES. 1105231 but I remember being outraged by the2 practice then, and I remain outraged3 today. Even ignoring the most egregious4 examples of this form of election5 rigging, the very idea that incumbent6 politicians should be allowed to define7 their own electoral districts, especially8 without mandated, objective, guiding9 principles, should outrage every person10 who believes in democracy. 20 In creating my plan, I21 considered Philadelphia's geographical22 constraints and neighborhood boundaries23 and attempted to create compact districts24 that fit naturally within them. With25 83 9/6/11 - WHOLE - RES. 4 What I did not consider in5 developing my plan are the current6 district boundaries or the home address7 of any incumbent or nominated City8 Council member. Those factors can serve9 only to give an incumbent or a party an10 undeserved electoral advantage. I don't11 believe these are legitimate goals of12 redistricting, and I doubt that any13 member of Council would publicly disagree14 with that point of view. A redistricting15 plan should be based on politically16 neutral and objectively measurable17 criteria. 22 District covers the river wards,23 District covers South Philadelphia,24 District covers Southwest Philadelphia,25 84 9/6/11 - WHOLE - RES. 1105231 et cetera. 3 While respecting natural4 geographic and neighborhood boundaries, I5 also sought to avoid splitting racial and6 ethnic communities. My plan thus7 contains one district that is majority8 Hispanic by voting age population. It9 also contains four districts that are10 majority black. These results are11 consistent with the fact that the voting12 age population of Philadelphia as a whole13 is slightly more than one-tenth Hispanic14 and almost exactly four-tenths black. No15 gerrymandering was required to achieve16 these results. 20 Although my plan is just one of21 many possible plans that could adhere22 closely to good redistricting principles,23 the one characteristic that every24 principled plan would share is that it25 85 9/6/11 - WHOLE - RES. 21
I24 like my district here.25 86 9/6/11 - WHOLE - RES. 1105231
The 8th2 is -- we'd have to take you out, Cindy.3 You didn't take into -- one of4 the factors in doing the redistricting is5 consideration of the incumbents, where6 they live.7
In court10 it has been used as one of the factors,11 not a primary factor. At the federal12 level it doesn't have to be, because13 federal congressional folks don't have to14 live in their districts.15
And16 Councilmembers have to live in their17 district.18
But it's19 a rule of running for office, you have to20 live in that district, if you're a21 district rep, District Councilperson.22
I understand23 that, but there's no rule that the new24 district --25 87 9/6/11 - WHOLE - RES. 1105231
So unless2 you change the rule, that's what we have3 to live by.4 AUDIENCE MEMBER: With all due5 respect, Councilwoman, is there a part of6 the City Charter that mandates that in7 redistricting the incumbent's location8 has to be taken into consideration?9
Otherwise12 you would have nobody in the 9th.13 Is there anyone else here to14 testify?15 Jerry.16
Come up to19 the mike so the lady can hear you, the20 stenographer.21 (Witness approached witness22 table.)23
This is just an24 observation, because, as you said, the25 88 9/6/11 - WHOLE - RES. 1105231 NAACP, we're looking at this across the2 entire country, and there were quite a3 few comments about the fact that you4 incumbents are doing this. Well, just so5 the audience knows, in Arizona the6 citizens of the entire state voted for7 this elaborate eminent commission, two8 D's, two R's, with this eminent judge,9 who like our judge has been around10 forever, so everybody is supposed to like11 him or her. It turns out it is a woman.12 They haven't even started. They've been13 in business ten days and already they've14 gotten 17 lawsuits.15 So there is no magic thing16 about having outsiders do this, just like17 there's nothing inherently wrong with18 having you do it. What I think I've19 enjoyed -- and I think everybody would20 agree -- it's so much better if all of us21 can watch you do it. So show us a little22 more by Thursday.23
You want24 us in this big room doing it, right?25 89 9/6/11 - WHOLE - RES. 1105231 Okay. We'll think about that.2 Certainly we appreciate your3 coming out. It's been nice, the4 exchange, and we appreciate Robert for5 making your presentations here of the6 winners of your contest. I do think it7 has been interesting and engaging and8 informational, and we will certainly move9 forward and hopefully we'll come up with10 something really good.11 Thank you all very much.12 Let me recognize that we have13 Theresa here. Theresa is representing14 Councilman Rizzo here tonight.15 Thank you very much. This16 meeting will stand adjourned until the17 call of the Chair.18 (Committee of the Whole19 adjourned at 8:40 p.m.)20 - - -21 22 23 24 25 90 1 CERTIFICATE2 I HEREBY CERTIFY that the3 proceedings, evidence and objections are4 contained fully and accurately in the5 stenographic notes taken by me upon the6 foregoing matter on September 6, 2011, and7 that this is a true and correct transcript of8 same.9 10 11 12 13 --------------------14 MICHELE L. MURPHY15 RPR-Notary Public16 17 18 19 (The foregoing certification of this20 transcript does not apply to any reproduction21 of the same by any means, unless under the22 direct control and/or supervision of the23 certifying reporter.)24 25