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Minutes

Stated Meeting, March 23, 2006

Philadelphia City CouncilMar 23, 2006

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Organizations mentioned

Council President Verna

I'm sorry. We can't hear you.

Councilwoman Tasco

We're in the middle of a roll call, but I just read this amendment. I wanted to ask Councilman Clarke: Are we amending the charter?

Councilman Clarke

Actually, yes. Thank you, councilwoman.

Councilwoman Tasco

I'm sorry.

Councilman Clarke

Madam President, I was trying to get your attention when you made the reference to the change in the charter. This is somewhat confusing. We had this discussion in the course of the public hearing. Unfortunately, under the rules of the charter we are required in order to get a referendum, although this one is 3/23/06 - STATED - 2ND READING a nonbinding referendum, you must amend the charter to allow for a referendum to be on the ballot. It technically says it changes the charter, but it doesn't actually change the charter because there is a nonbinding referendum. I don't like that process. Unfortunately, we don't have the ability to get anything on it as a ballot question unless you use that process. That came up in a public hearing and we explained it at the time. It's not something that I set up. It's the only way we have of getting a referendum on the ballot.

Councilwoman Tasco

What would go on the ballot?

Councilman Clarke

The ballot question would essentially ask the citizens of the City of Philadelphia if they were interested in the affirmative, that they support the use of video surveillance cameras to fight crime. The systems that would be implemented would 3/23/06 - STATED - 2ND READING be based on a series of discussions between elected officials, community organizations. The ultimate implementation would helpfully be a part of a process that assured that individual's privacy was in fact protected. In all of the other municipalities where it has been implemented, there was no referendum. There was no citizen participation. Law enforcement just simply implemented the system. I thought it was appropriate because of the nature of this issue and the sensitive nature of the issue that the citizens should have a buy into it and have an opportunity to state their case, if they vote in the affirmative, that this is something that they would be interested in doing. I think all of us should work on a process that helps us fight crime and enhance the Police Department's ability to fight crime but make sure that 3/23/06 - STATED - 2ND READING individual's privacy rights are protected.

Councilwoman Tasco

What is confusing to me, Madam President, is the wording of this resolution. Does it become a part of the charter once we pass this resolution?

Councilman Clarke

Yes.

Councilwoman Tasco

Is there any possible way that we could change the wording that would not change the charter but provide a resolution to put the question on the ballot?

Council President Verna

To the best of my knowledge, there is not. Is there, Mr. Auerbach? Mr. Auerbach is nodding his head no.

Councilwoman Tasco

I was going to vote for it, I wanted you to know that, until I read it, and I'm not really comfortable with the way it reads. So I'm going to vote no.

Council President Verna

So 3/23/06 - STATED - 2ND READING how are you voting?

Councilwoman Tasco

I'm voting no.

Council President Verna

No?

Councilwoman Tasco

It is only because of the process. It is not the issue, but I'm very concerned about the --

Council President Verna

You're concerned about the verbiage in the resolution?

Councilwoman Tasco

And changing the charter. That is my question. That is my problem.

Council President Verna

And according to what I'm gathering from Mr. Auerbach, that's the verbiage that has to be used. Councilman Rizzo.

Councilman Rizzo

Could someone explain -- I just heard what Councilman Clarke said. It's a technical strategy to get the ballot question on the ballot. What exactly would remain 3/23/06 - STATED - 2ND READING after the ballot question has been voted upon? What would change in the charter? If we could get the lawyers to please tell us because I don't think it is a big deal if it is just a process and it would be unfortunate to not have clear information and that affects people's vote.

Council President Verna

Councilman Clarke, do you want Mr. Auerbach -

Councilman Kenney

Madam President, point of order.

Council President Verna

Oh, I'm sorry. Councilman Kenney.

Councilman Kenney

And I don't mean in any way to be disrespectful to anyone who is asking questions because I think they are legitimate questions, but we are in the middle a roll call vote after we had the bill brought out from committee with a lot of discussion. And I recognize questions come up at the last minute, but I have already cast my vote 3/23/06 - STATED - 2ND READING and many others have also. And, again, I understand the questions are legitimate but perhaps should have been asked at a different time, and I don't know what we are doing procedurewise if we're interrupting a roll call vote to debate and get legal advice on a bill.

Council President Verna

Thank you. The Chair recognizes Councilman Clarke.

Councilman Clarke

Madam President, if there was a process that allowed us to have it on the ballot without amending the charter, we clearly would have used it, particularly given the fact that this is a nonbinding resolution, but there is no other process, and I simply had to use the tools which were provided to us.

Council President Verna

Very well. Thank you. Councilwoman Tasco. 3/23/06 - STATED - 2ND READING

Councilwoman Tasco

Madam President, I do respect Councilman Kenney. I was not on the committee and I did not have the benefit of the discussion, and I actually just read this. And what I just want to know is does this become a part of the charter in the future? That's the question.

Council President Verna

Councilman Clarke.

Councilman Clarke

Madam President, my understanding, according to Mr. Auerbach, it does, but there are two issues before us: One, it is a nonbinding resolution; two, the Philadelphia Police Department already have the authority to implement video surveillance systems, so if tomorrow Sylvester Johnson was able to find money in his budget or solicit money from Homeland Security, he can do that without a vote of the citizens or without a vote of Council. I thought it was appropriate, 3/23/06 - STATED - 2ND READING given the sensitive nature of this issue, to have citizens buy in if, in fact, we do do this. So it is not an issue regardless of what is in the charter that will prohibit the Police Commissioner from doing this. They can do it now. They have the authority to do it as we speak.

Councilwoman Tasco

Madam President, I do not disagree with having the voters make their voices heard. That is not my issue. The issue here is that we are changing the charter and this goes into the charter and I just want to know what that means. I'm not clear about it. The issue of the surveillance cameras, having the citizens of Philadelphia make their voices heard, I think is a fine idea. I do not disagree with that, and that is not my issue, or the merits of what he's talking about.

Council President Verna

Thank you.

Councilwoman Tasco

I want my 3/23/06 - STATED - 2ND READING vote to be understood. I'm not clear on the resolution and therefore I will be voting no.

Council President Verna

Thank you. I would suggest that the Chief Clerk continue to call the roll.

Chief Clerk

Councilwoman Tasco voting no. Council President Verna.

Council President Verna

Aye. The ayes are 13; the nays are two. Two-thirds of all the members of Council having voted in the affirmative, the resolution is adopted. I would now ask the Chief Clerk to please read the title of Bill No. 060092.

Chief Clerk

An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to Article VIII, Chapter 5, of the Philadelphia Home Rule Charter, entitled "Referenda 3/23/06 - STATED - 2ND READING Approved By the Voters" by adding a new section calling on the City to fight crime and violence through the use of video surveillance, which shall be implemented in a manner that protects civil liberties and legitimate privacy interests; fixing the date of a special election for such purpose; prescribing the form of ballot questions to be voted on; and authorizing the appropriate officers to publish notice and to make arrangements for the special election.

Council President Verna

This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

COUNCILMAN 3/23/06 - STATED - 2ND READING DiCICCO. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode voting no. Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 14; the nays are 1. The majority of all members having voted in the affirmative, the bill passes. That concludes our calendar for today. Are there speeches on the part the minority? Are there speeches on the part off the majority? The Chair recognizes Councilman Ramos.

Councilman Ramos

Madam President, at this moment I want to of my staff, Mr. Vincent Thompson, as my chief of staff. He spent many years over there in the press box with The Philadelphia Tribune, with WRTI, WHYY, and recently as a spokesperson for the School District of Philadelphia. I welcome him on behalf of my staff to City Council. (Applause.)

Council President Verna

Welcome. Welcome. Are there any other speeches on the part of the majority? Seeing none, the Chair recognizes Councilwoman Tasco for a motion to adjourn.

Councilwoman Tasco

Madam President, I move that Council stand adjourned until Thursday, March 30, at 10 a.m. (Duly seconded.)

Council President Verna

It has been moved and seconded that Council stand adjourned until Thursday, March 30, 10:00 a.m. All in favor will say aye (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the motion carries. Thank you. (Stated Meeting adjourned at 11:35 a.m.) CERTIFICATE I HEREBY CERTIFY that the proceedings of the Stated Meeting of the Council of the City of Philadelphia are contained fully and accurately in the stenographic notes taken by me on Thursday, March 23, 2006, and that this is a true and correct transcript of same. ______________________________ Cynthia A. Whyte, RPR (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)