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Minutes

Committee Hearing, January 30, 2002

Philadelphia City Council Committee HearingsJan 30, 2002

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Councilman Clarke

Yes. (Unintelligible; Council members talking over each other.)

Councilman Clarke

I made a motion that we temporarily recess the public hearing for the purpose of an administrative motion. That was seconded and we were in the midst of taking -- 45 1/30/02 COMMITTEE OF THE WHOLE - RES. 010672

Councilman Ortiz

I thought we were voting on the confirmation. (Unintelligible; Council members talking over each other.)

Councilman Kenney

I mean, just in my humble opinion, Mr. Diaz is here as a courtesy to us. He has given testimony, we all admire him and want to support him and want to vote for him. This type of maneuver in the midst of his confirmation hearing and potential vote is totally out of order, I believe, and totally insulting to Mr. Diaz. I wish we could simple --

Councilman Clarke

(Inaudible.)

Councilman Kenney

May I finish my point, please? Thank you. I would ask the Chair to allow us, if we're going to vote on Mr. Diaz's appointment, which I am very ready to do, that we do so without embroiling him in some maneuver. Thank you.

Councilman Clarke

Madam Chair?

Councilman Goode

A point of order, Madam Chair.

Council President Verna

Yes, the Chair 46 1/30/02 COMMITTEE OF THE WHOLE - RES. 010672 recognizes Councilman Goode.

Councilman Goode

Councilman Kenney's issue that he raised was not a point of order.

Council President Verna

I'm sorry. The stenographer did not hear you.

Councilman Goode

Councilman Kenney's points were not a point of order.

Councilman Kenney

Point of order again. I'm waiting for the Chair's ruling on my point of order.

Councilman Goode

Excuse me.

Councilman Kenney

As opposed to individual Council members ruling on my point of order.

Councilman Goode

As a matter of procedure, you were going to move from a public hearing into a public meeting. Councilman Mariano asked that we hae a roll call on the movement from a public hearing into a public meeting for the purpose of entertaining this motion.

Councilman Kenney

Which motion?

Councilman Goode

There was a motion on the floor to consider whether to move from a public hearing into a public meeting to entertain this 47 1/30/02 COMMITTEE OF THE WHOLE - RES. 010672 motion that's been distributed to members of Council that -- and I'm calling for the previous question of --

Councilman Ortiz

Madam President, point of order.

Councilman Goode

-- of whether we move into that public meeting or not.

Councilman Ortiz

Point of order, Madam Chair. (Unintelligible; Council members talking over each other.)

Councilman Goode

That is a point of order because there was a previous question --

Councilman Ortiz

Point of order. There was a confirmation hearing going on and --

Councilman Kenney

The point of order is that the original -- (Striking of gavel.)

Council President Verna

I ask that --

Councilman Ortiz

We have a confirmation going on and when you move to move from a public hearing to a public meeting, it usually means to vote on the hearing that you're currently holding.

Councilman Goode

But if there are nine 48 1/30/02 COMMITTEE OF THE WHOLE - RES. 010672 people -- if there are nine people who are -- (Unintelligible; Council 0members talking over each other.)

Councilman Ortiz

And to present a resolution and put it on my desk at this point with an issue that was decided yesterday by the Mayor --

Councilman Goode

If the Chair is going to entertain a motion -- (Unintelligible; Council members talking over each other.)

Councilman Ortiz

It's underhanded and -- (Striking of gavel.)

Council President Verna

Please.

Councilman Ortiz

It's underhanded.

Councilman Goode

Like yesterday.

Councilman Kenney

I apologize to Mr. Diaz.

Councilman Clarke

I respectfully apologize to Mr. Diaz also, but we have business that we need to take care of.

Council President Verna

Councilman Clarke, the purpose of your motion was so that we could consider the resolution.

Councilman Clarke

No, Council President, 49 1/30/02 COMMITTEE OF THE WHOLE - RES. 010672 that was not the purpose of --

Council President Verna

To take it to the public meeting?

Councilman Clarke

The purpose was to recess temporarily this public hearing and go into a public meeting. I did not indicate --

Council President Verna

And for the purpose of the public meeting would be, I assume, to consider the resolution.

Councilman Clarke

No. 12

Council President Verna

No? What was the purpose of the public meeting?

Councilman Clarke

The purpose of that was to present a motion that required a scheduling of a hearing on Bill No. 010529 so Council can promptly consider amendments in order to adopt a compromised redistricting plan.

Council President Verna

We don't have a copy of that motion. And this is -- I thought you were referring to the bill that we were -- the resolution that we were considering.

Councilman Clarke

No. 24

Councilman Ortiz

Madam Chair, there was a point of order as to procedure. I think the 50 1/30/02 COMMITTEE OF THE WHOLE - RES. 010672 introduction of resolutions -- and I'd like Rick and the parliamentary to judge on this. I think the passing of -- the introduction of resolutions are done within a scheduled Council hearing. This is not a scheduled Council hearing; this is a hearing on, one, the confirmation of Mr. Diaz and on the tax plan of Mr. Saidel. Resolutions, bills, and ordinances are introduced within scheduled Council hearings. There will be a scheduled Council hearing on Tuesday. At that point, we will take on the issue to either override or to not override the veto of the redistricting issue, and then we should be able to take on the issue of introduction of new bills to be able to deal with redistricting.

Council President Verna

Our attorneys are conferring.

Councilman Clarke

Madam President, respectfully, I did not introduce a resolution; I made a motion on the floor. This is a Committee of the Whole. Based on the laws of Council, I am able to do that. This is not a resolution that is required to be circulated 24 hours before this particular Committee of the Whole. 51 1/30/02 COMMITTEE OF THE WHOLE - RES. 010672 (Unintelligible; Council members talking over each other.)

Councilman Clarke

This is a motion on the floor that was duly seconded. We had a voice vote, we have now requested a roll-call vote.

Councilman Goode

Point of order, Madam President.

Council President Verna

Excuse me just a moment, please.

Councilman Cohen

I didn't hear the exact words. (Unintelligible; Council members talking over each other.)

Councilman Cohen

I assumed the motion was a motion to go into the public meeting. That's what --

Council President Verna

I assumed that it was for the purpose of considering the resolution of confirmation, and I'm sorry that I was distracted.

Councilman Cohen

We can't hae a committee hearing unless it's been advertised in advance.

Councilman Clarke

That's not true, 52 1/30/02 COMMITTEE OF THE WHOLE - RES. 010672 Councilman. A member can make a motion at any time in a public hearing.

Council President Verna

Would you be able to address this, Rick?

Councilman Nutter

Can I have a point of information, please. Could any of the members make reference -- there's been reference made to the rules. Can someone point out what particular rule they're talking about with regard to this proposed procedure? It would be helpful if we could just read it. What is the --

Councilman Clarke

Councilman, it is a right of a member to make a motion in the Committee of the Whole in a public hearing.

Councilman Nutter

I understand that, Councilman, I'm not disputing that. I'm just asking, could someone point out to me in the rules the issue that's being raised and the procedure that's being utilized. I'd just like to understand that.

Councilman Clarke

Well, I'm not raising that issue and then I have to talk to other Council members.

Councilman Nutter

Can someone point out 53 1/30/02 COMMITTEE OF THE WHOLE - RES. 010672 the -- or could you, Councilman, point out in the rules what it is that you're referring to by way of the making of the motion in the Committee of the Whole. What rule is being utilized?

Councilman Clarke

Councilman, I made a motion; I am able to make a motion in the Committee of the Whole.

Councilman Nutter

I appreciate that.

Councilman Clarke

I did not question that motion.

Councilman Nutter

I hae to apologize.

Councilman Clarke

If other Councilmembers question that motion, it is there responsibility to -- COUNCILMAN NUTTER? What was the motion?

Councilman Clarke

I'm sorry?

Councilman Nutter

I apologize. I was not here for the motion, and when I came in, I thought we were voting on the Solicitor. What was the motion?

Councilman Clarke

I made a motion, it was duly seconded to --

Council President Verna

There's a point of order on the floor. 54 1/30/02 COMMITTEE OF THE WHOLE - RES. 010672 Councilman Goode?

Councilman Goode

Madam President, I have infinite confidence in your ability to maintain order in this Council, and I was making a point of order. I think where we're at is where you said, Let's move into a public meeting from a public hearing.

Council President Verna

But I assumed that it was regarding the resolution for Mr. Diaz that we were considering.

Councilman Goode

At that point, Councilman Mariano said, Let's hae a roll call. If someone wants to clarify his motion or he wants to clarify his motion that we move into a public meeting from a public hearing for the purpose of entertaining this motion, not a resolution, but his motion, that's fine. If someone wants to make a motion again, I'll make a motion that we move from a public hearing to a public meeting for the purpose of entertaining his motion that's been distributed to all members of Council that are present if someone will second it. (Duly seconded.)

Councilman Goode

And having been moved 55 1/30/02 COMMITTEE OF THE WHOLE - RES. 010672 and seconded, the issue is whether you want to call for a question a roll-call vote on whether we will move from a public hearing into a public meeting to entertain this motion. There are nine people, as their signatures indicate, that want to move into a public meeting from a public hearing, that's that.

Council President Verna

Councilman Clarke, can I see you please. (Councilmembers confer privately among themselves off the record.) - - - 56 1/30/02 - WHOLE - PUBLIC MEETING (Striking of gavel.)

Council President Verna

We are now back into our public meeting. Someone wants to be recognized? The Chair recognizes Councilman Nutter

Councilman Nutter

Thank you, Madam President. Madam President, I've had an opportunity to talk with Councilman Clarke about the issue at hand and the concern about having a hearing scheduled on a particular bill. By way of the conversation between myself and the Councilman, and I think there's still good faith between the two of us, Madam President, I am asking if you would make an announcement with regard to the scheduling of a hearing on Thursday, February, 7th, at 10 o'clock a.m. here in Council chambers with regard to Bill 19 No. 010529; and further ask that you would direct the Chief Clerk and any other parties to take the necessary steps to schedule such a hearing. And it's my understanding, Madam President, that with your making that announcement in the hearing, based upon that announcement, Councilman Clarke will have some comments 57 1/30/02 - WHOLE - PUBLIC MEETING subsequent to your announcement.

Council President Verna

Thank you. We did have this discussion earlier, and I have just asked for our formal request list for a public hearing that Bill No. 010529 will be scheduled for a public hearing on Thursday, February 7th, at a.m. It is being delivered to 9 the Chief Clerk. 10

Councilman Clarke

Madam President, thank you ery much. And may I say, I'd like to, first of all, apologize to Mr. Diaz for his discomfort during all of this. As you know in this particular chamber, there has been numerous times when things didn't go necessarily as scripted, and I just want to reiterate to you, Madam Council President, that there was no intention to embarrass neither you or this illustrious body, and want to thank you for that. And I also would like to formally withdraw the motion that I had put on the floor earlier.

Council President Verna

Thank you very much. Anyone else have any statements? 58 1/30/02 - WHOLE - PUBLIC MEETING (No response.)

Council President Verna

Seeing none, this concludes our public meeting. We will now return to our public hearing regarding Resolution 6 No. 010672. - - - 59 1/30/02 - WHOLE - PUBLIC MEETING Mr. Diaz, I apologize to you from the bottom of my heart. I am sorry that this all had to happen while you were testifying. So if you will continue, I believe there -- were there any other -- I believe there were other lights on at the time, and people were not recognized to ask questions or make comments of Mr. Diaz. Does anyone have any questions or comments?

Councilman Ortiz

Madam Chair?

Council President Verna

The lights are not going on.

Councilman Ortiz

Madam Chair, I move for the approval --

Council President Verna

Excuse me. I believe Councilwoman Blackwell, your light's not on either.

Councilwoman Blackwell

Thank you, Madam President. I would like to say that I have known and worked with Mr. Diaz for more years than I suppose either of us can remember -- certainly Lucien Blackwell before me. We commend him for not only the work that he did in Washington with HUD, but 60 1/30/02 - WHOLE - PUBLIC MEETING for the work that he has done throughout the City for the total community, the Latino community, the African-American community, and the total community. His has been a lifetime of service and it does us great. It is an honor for us to be a part of his confirmation hearing today and we look forward to working with him in eery way. Thank you.

Council President Verna

Thank you. The Chair recognizes Councilman Ortiz.

Councilman Ortiz

Madam Chair, I move that we confirm Nelson Diaz as City Solicitor. (Duly seconded.)

Council President Verna

All in favor will say aye. Those opposed? The ayes have it and confirmation has been voted on. (Standing ovation.)

Council President Verna

Resolution No. 23 (inaudible) will be continued to another date, so this concludes the public hearing of the Committee of the Whole. Thank you all very much. 61 1/30/02 - WHOLE - PUBLIC MEETING (Proceeding ends at 4:12 p.m.) - - - 62 CERTIFICATE I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia's meeting of the Council Committee of Wednesday, January 30, 2002, are contained fully and accurately in the stenographic notes taken by me upon, and that this is a true and correct transcript of same. RE: Resolution No. 010672 _______________________________, Josephine Cardillo Registered Professional Reporter and 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.)