Susan can address that. Susan has committed the rest of her life to this.
Had you 116 11/16/05 - LAW - BILL 040769, ETC. identified yourself for the record previously?
I'm sorry. No, I hadn't. My name is Susan Kretsge. I'm a Deputy Managing Director.
Right now I'm heading the implementation team on this, which involves staff from all of our central agencies, and obviously we're also doing sessions with what I would call user or operating departments. Ultimately --
I assume that once this is all set up and in place and needs to be managed, yes, there will be a centralized unit, perhaps not a whole department, a centralized unit doing this. As you know, the legislation speaks in particular about the Procurement Commissioner having responsibility for this. So that 117 11/16/05 - LAW - BILL 040769, ETC. certainly would seem a possible place for this to be. Right now we have an executive team that has representation from Procurement, Finance, MBEC, Law.
Do you think the Procurement Department is adequately staffed to handle the added responsibilities that they're going to have?
No. I don't think any department at this point, frankly, is adequately staffed, particularly if this continues to grow. So what we have right now is, we have started to have some staff devoted to this. I believe we have plans to add staff to that, and once we have a sense of how large this is going to get somewhat impacted by the new legislation here, we will probably have to add additional staff to it. I think particularly in year one, because this is new, it's new for 118 11/16/05 - LAW - BILL 040769, ETC. City staff, it's new for vendors, there are bound to be lots of questions, there are bound to be lots of things that we have missed that we didn't think about. There's going to be -- year one is going to be hard, and there's going to be need for a lot of resources to help people do this. We will need a resource bureau when people call with IT questions, legal questions, business process questions.
I'm sure we're all going to have to get some training and education in this whole system. I'm sure of that. Good luck. Thank you. Thank you, Mr. Chairman.
Thank you very much. If there are no other questions, thank you for your testimony. Is there anyone else here to testify on these bills? (No response.) 119 11/16/05 - LAW - BILL 040769, ETC.
That will conclude the public hearing of the Law and Government Committee. We will convene the public meeting, and the Chair recognizes Councilman Nutter for the purpose of offering amendments to the various bills.
Thank you, Mr. Chairman. Mr. Chairman, we did circulate a little earlier today what at the time was the best version of any proposed amendments to the bills in front of us. Subsequent to receiving testimony from the Chief of Staff and some of the discussion that ensued during the course of this hearing, there have been other proposed amendments to accommodate a variety of issues and concerns. So a couple of these proposed amendments will not be exactly the same as they were circulated earlier today. What I'd probably try to do, Mr. Chairman, is go in the order of the 120 11/16/05 - LAW - BILL 040769, ETC. hearing list with these. There's a proposed amendment to Bill No. 040769. That is the ballot question, which hopefully will not generate the reaction that the last ballot question generated. It is very short. I think it's very straight-forward. The issue here is, this bill needs to be amended for the date of the election and changed from May 17, 2005 to May 16, 2006. So there is one change in Section 1 and there is one change in Section 4. I would --
I can do that. So that's that. There's a proposed amendment to Bill No. 050014. That is the bill for electronic filing. All of the amendments are on . It incorporates a variety of suggestions that are of concern to the Administration. It adds filings that are 121 11/16/05 - LAW - BILL 040769, ETC. required related to the Secretary of the Commonwealth. Sometimes there are required filings of the City Commissioner. Sometimes there are required filings at the Secretary of the Commonwealth. For flexibility purposes, with regard to the usefulness or user-friendliness, rather, of the information, in Section 2 there is a broader statement that allows the Board to determine other means by which the information can be made user-friendly. In Section 3, the word "treasurers" needed to be added twice, and in Section 2, to address the issue of originally this bill would not have gone into effect until a Board of Ethics was created under the Home Rule Charter. The amendment is to make the bill effective immediately and until such time as a Board of Ethics were to be created, the duties under this bill will be carried out by the Department of Records. 122 11/16/05 - LAW - BILL 040769, ETC. Bill 050613 is the bill related to financial assistance. There are reporting requirements that were the subject of Bill 040772-AA. Similar reporting requirements are inserted into this bill for consistency purposes on , the same on , and there is a period after which financial assistance would have been received where the recipient would have to make ongoing disclosures of campaign contributions and would have to stay within the contribution limits so as to not violate the campaign contribution limits that were established in other legislation. Because of other issues of implementation that were raised, the effective date for this particular bill 20 is proposed to be changed from February 1, 2006 to July 1, 2006 in Section 2. In Bill 050123, the competitive bid contract bill, similar provisions with regard to reporting requirements that are consistent with the previously 123 11/16/05 - LAW - BILL 040769, ETC. passed bill, a change to create an exception for utilization of the cooperative procurement arrangements that was authorized in Section 8-200(4) of the Home Rule Charter, which was a relatively recent Charter change. Again, in addressing the concern of the Administration regarding implementation, the original February 1, 2006 date would be changed to July 1, and in order that there are again no 13 unintended consequences, it would only apply for contracts that have not been advertised for bid as of July 1, 2006. With regard to Bill 051024, the powers and duties of the Board of Ethics, an issue was raised with regard to Council's authority to direct an executive branch employee known as the Inspector General, and for that purpose, on , reference is deleted regarding the Board of Ethics directing the Inspector General to take certain actions. We believe the most the Board 124 11/16/05 - LAW - BILL 040769, ETC. can do is refer alleged violations to the Inspector General, and then what that person does with that information after that is in their discretion. There is consistency, clean-up language on related to competitive bid contracts which are covered by Chapter 17-1300 to ensure that the Board of Ethics has jurisdiction with regard to any violations of misrepresentation or omissions in disclosures, and also giving the Board responsibility with regard to failure to file information as required under Section 20-1006 related to campaign contributions and expenditures. Lastly, the Charter change for the Board of Ethics, which is Resolution 19 No. 040817, on the last page, there is a provision that ensures that not only ordinances related to ethics are enforced by the Board of Ethics but also any provisions of the Home Rule Charter. There is one other change. On , in accordance with the discussion 125 11/16/05 - LAW - BILL 040769, ETC.
that had taken place earlier, it is proposed that the Board of Ethics would, for the first two years of its existence, would have a guaranteed minimum budget of $1 million for the first two years and then subsequently utilizing language that's already in the Home Rule Charter regarding adequate funding for presently the City Controller's office, the Board of Ethics would have the same protection with regard to any failure to appropriately fund the Board of Ethics. They would have recourse to petition the Court of Common Pleas for a mandamus to require the funding that they believe necessary to carry out their duties. That is language that is copied from the Home Rule Charter for the City Controller's office to ensure funding and a certain level of independence. Those are all of the amendments, Mr. Chairman.
Is that a motion to move them? 126 11/16/05 - LAW - BILL 040769, ETC.
Would someone like to make a motion to move the amendments?
I would move that the amendments as read into the record with regard to Bill 040769, Bill 10 050014, 050613, Bill 051023, Bill 051024 and Resolution No. 040817 be adopted. (Duly seconded.)
There are none opposed. The amendments are adopted. The Chair recognizes Councilmember Nutter for a motion on Bill 25 040769. 127 11/16/05 - LAW - BILL 040769, ETC.
Thank you, Mr. Chairman. I move that Bill 040769 as amended be reported out of this Committee with a favorable recommendation and further recommendation that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.)
There are none opposed. Bill No. 040767 as amended reported out of this Committee favorably and a request made for rules suspension to allow first reading at our next Council session. The Chair recognizes Councilman Nutter on the next bill.
Thank you, Mr. Chairman. I move that Bill 050014 as amended be reported out of this Committee with a favorable recommendation and a 128 11/16/05 - LAW - BILL 040769, ETC. further recommendation that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.)
There are none opposed. 050014 as amended reported out of this Committee favorably and a request made for rules suspension to allow first reading at our next Council session. Please proceed.
Thank you, Mr. Chairman. I move that Bill 050613 as amended be reported out of this Committee with a favorable recommendation and a further recommendation that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.)
Moved and 129 11/16/05 - LAW - BILL 040769, ETC. seconded. All in favor? (Aye.)
Hold it. One opposed. Councilman Goode is recorded as voting no. 11 Bill No. 050613 as amended reported out of this Committee favorably and a request made for rules suspension to allow first reading at our next Council session. Please proceed.
Thank you, Mr. Chairman. I move that Bill 051023 as amended be reported out of this Committee with a favorable recommendation and a further recommendation that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.)
Moved and 130 11/16/05 - LAW - BILL 040769, ETC. seconded. All in favor? (Aye.)
Councilman Goode will be recorded as voting no. 10 Bill No. 051023 as amended reported out of this Committee favorably and a request made for rules suspension to allow for first reading at our next Council session. Please proceed.
Thank you, Mr. Chairman. I move that Bill 051024 as amended be reported out of this Committee with a favorable recommendation and a further recommendation that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.)
Moved and seconded. 131 11/16/05 - LAW - BILL 040769, ETC. All in favor? (Aye.)
None. Bill 8 No. 051024 as amended reported out of this Committee favorably and a request made for rules suspension to allow for first reading at our next Council session. The final bill, please -- resolution.
Mr. Chairman, I move that Resolution No. 17 040817 as amended be reported out of this Committee with a favorable recommendation. (Duly seconded.)
There are 132 11/16/05 - LAW - BILL 040769, ETC. none opposed. Resolution No. 040817 as amended reported out of this Committee favorably. That concludes the business of the Law and Government Committee. I'd like to thank Councilman Nutter for all his hard work and the members' attention. Thank you very much.
Thank you all, members. (Committee on Law and Government adjourned at 4:10 p.m.) - - - 133 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on November 16, 2005, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (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.)