Those opposed? (No response.) Stated Meeting May 16, 2019
We'll be back. (Recess from 12:39 p.m. to 1:58 p.m.)
Good afternoon. Council will now reconvene. Prior to us going back to public comment, I would like to recognize Councilman Squilla.
Thank you, Mr. President. I move for special rules to introduce another bill at this time. (Duly seconded.)
Thank you. It's been moved and properly seconded. All those in favor? (Aye.)
The ayes have it. The motion carries. And Councilman Squilla has introduced one Stated Meeting May 16, 2019 will be referred to committee.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Tasker Street, 4th Street, Porter Street, and 9th Street.
Thank you. Referred to committee. And I'd like to recognize a good friend from Harrisburg. I believe he came here to get some sanity. I'm sorry. I'm sorry. I digress. State Representative Kinsey. Thank you for being here today. (Applause.)
I know I'm going to hear about that. Thank you. The Chair recognizes Councilman Green.
Thank you, Council President. I was going to acknowledge Representative Kinsey, who is Stated Meeting May 16, 2019 also Chair of the Pennsylvania Legislative Black Caucus. So thank you for joining us this afternoon, Representative Kinsey.
Thank you, Councilman. We're going to continue our public comment. Mr. Decker, call the next name on the list.
Commenting on 190195 are Cecelia Reyes and Modesto Rodriguez. Please approach the podium. (Witness approached podium.)
Good afternoon, City Council and Council President Clarke. Thank you for the opportunity to speak today. I'm here today to support the confirming Council's agreement to propose the budget for the House Trust Fund related to affordable housing. Having a budget is an important part of City Council's responsibility, and as a small business owner, we have Stated Meeting May 16, 2019 that in common. However, unlike the City, I am forced to deal with the budget I have. Sometimes more than half of my operating costs for sweetened beverages is going to tax. I would like to take this opportunity to thank Councilwoman Sanchez as well as the others that are supporting the repealing of this tax, which is devastating my business and the community. Instantly I was expanding my business and hiring of new workers for my business. I'm fighting just to keep my doors open. For those who have not yet chosen to support the legislation, please reconsider, and thank you very much for your time. (Applause.) (Witness approached podium.)
My name is Modesto Rodriguez. I'm from NRC Media Market on the street of Ninth, Cherelle Parker. Good afternoon, City Council and City Council President Clarke. I'm here today in support of the resolution confirming Council agreement for proposal budget intended for the Housing Trust Fund related to affordable housing. I have owned the business NRC Media Market for four years. We have three employees. So we not hard store. Every day I work in my store. I have help to be close to the retirement, but because of the high taxes, specifically the beverage tax, my business is to take out more and more of my time. I want to be spending more of my time and to spend with my family, but I cannot do that. Affordable to the City are getting worse, and hard taxes like the sweetened beverage tax are making those into work or about my business and the other resident of the City. Stated Meeting May 16, 2019 Thank you for your time, and, Councilwoman Parker, please consider supporting this regulation to repeal beverage tax. Thank you.
Commenting on 170408, Esther Joseph, Elaine Johnson, CC Philly, and Melissa Blatz. (Witness approached podium.)
My name is Esther Joseph and I am an early childhood educator here today representing Rising Sun Children's Center, a program under the Korean Community Center and a proud participant in the City of Philadelphia's PHLpreK preschool program.
Stated Meeting May 16, 2019 You're talking about school suspension?
Yes. The bill that I am in support of today addresses the elimination of the suspension of elementary school-aged students from grades one to five, but I would like to take it a step further and include preschool-aged children under that umbrella. With the impending vote for Philadelphia leaders approaching, I'd like to address the Council and everyone participating in this session to remind you all how vital preschool programs are for student retention and children's future educational success. The soda tax grants children the access to Philly pre-K, and I thank the Councilmembers who recognize that. Access to quality preschool programs gives children an advantage when it comes to the formation of critical self-regulation skills and interpersonal skills, skills that are essential at the Stated Meeting May 16, 2019 elementary level in terms of being able to acclimate, accept change, build positive relationships, and resolve conflicts and, most importantly, remain in school. It's critical that the City of Philadelphia invest in our students in the early years now, and not a second later, to provide our children with the tools that they need. The soda tax is a wise investment that has had a more than worthy return. I know this because I see it every day when my preschoolers overcome challenges and gain new skills. I see it with the diverse families that I work with, the parents who do not qualify for state subsidized childcare who are now able to go to work knowing that their children are spending time in an enriching environment, and also the parents who come back and share their successes. The soda tax has allowed about 4,000 preschool children to receive Stated Meeting May 16, 2019 high-quality education. Imagine how many more can be reached. I thank those Councilmembers who recognize the importance of the soda tax to continue to fund Philadelphia preschool programs, and I strongly urge those who do not to reconsider. Thank you for your time. (Applause.)
CC Philly, commenting on 170408. (Witness approached podium.)
Hello. I'm CC Philly, 98.5 FM radio. I came today to talk about the illegal gentrification that's happening on Broad and Huntington Park, but since that's not on the list, I picked something to speak about, and it's about the children's suspension. Stated Meeting May 16, 2019 So schools are meant to stimulate and encourage children physically, intelligently, and social growth. These suspensions will lead to children being suspended later on in life. That's what the study showed in, I think it was, in Louisiana. It teaches children that there's a way out instead of dealing with their problems properly and so forth. When they have a day off, most of the time children are left unattended at home and are forced to be with people that don't want them. These children are less likely -- right. Stand up for DHS, the parents of DHS too. These children are also less likely to be referred to services, less likely to be referred to services and support later on in life. You're also labeling children. Children need a chance. You have to teach children the right way in order for them to learn. By throwing Stated Meeting May 16, 2019 them off to parents that have to work, it causes other problems at home. So I basically feel as though that you should look deeply more into it, because it says that 25 percent of the children that are suspended are African American males, which we know that our race, our culture suffers from aggression from other people and different things like that. We need to have behavioral health specialists, mental health specialists in these schools instead of throwing these children to the wayside. That's all. (Applause.)
Good afternoon. My name is Melissa Blatz. I am the Executive Director of Beautiful Stated Meeting May 16, 2019 Beginnings Childcare Center. We have two locations in Northeast Philadelphia, one in Rhawnhurst and one in Holmesburg. Every child in Philadelphia deserves high-quality early childhood education regardless of parents' working status, income level, race, or ethnicity. PHLpreK ensures that every Philadelphia child has a strong foundation for academic success. Who is PHLpreK? I want to talk numbers for a second. 2,250 children enrolled this year alone. At my program we have 35 children. 70 parents are able to work - three are School District teachers, two are Philadelphia police officers, one is U.S. military, two mail carriers, three hospital employees, two self-employed small business owners, one student, and many more. Seven children currently have an individual education plan for special education. Three children are foster children whose foster families do not Stated Meeting May 16, 2019 qualify for state subsidy. 241 PHLpreK teachers will be unemployed without this program funded by the sweetened beverage tax. Please consider all these numbers when signing on to bills that will directly impact these City residents and employees. Thank you, Bobby Henon, Kenyatta Johnson, Cherelle Parker, and all other members of City Council for your support of the sweetened beverage tax and all the programs it has impacted. Thank you for not co-sponsoring the recently introduced Bill No. 190183. Your support is truly making a difference in our great city. Please consider who you are impacting when considering which bill to co-sponsor. The sweetened beverage tax is the only option that will continue to create a beautiful beginning to every child's future. Thank you. (Applause.) Stated Meeting May 16, 2019
Good morning, everyone. Ogbonna Hagins, 58, make Philly great. I want to talk about -- I was going to talk about another resolution, but I'm going to talk about the resolution authorizing the establishment of a Special Committee on Child Separation in Philadelphia to investigate child separations -(Applause.)
-- in Philadelphia's child welfare system and develop recommendations to ensure compliance with State Child Protective Services Law to protect children and due process rights to families and prevent the unnecessary break-up of families. Councilman Oh, thank you. Councilman Oh, thank you. (Applause.)
Thank you, Stated Meeting May 16, 2019 Councilwoman Bass, who signed on to this, but, you know, you're looking out for black people. You're looking out for black people, and we thank you. The African American community thanks you for looking out for black people. (Applause.)
Nobody else in City Council that I see -- and, look, look at you guys. You're not even looking at me. You're not even looking at the people who are speaking to you. You have to show respect to the people that you're supposed to represent. (Applause.)
This is really indicative of this campaign season. Something that I've noticed is these commercials. What city are these commercials being produced in? I mean, you guys -- I mean, look, I'm telling you, you're very nice. You look nice and everything like that, but you're faking the people out. Stated Meeting May 16, 2019 (Applause.)
You have these commercials with African Americans smiling? Really? What is there to smile about when every other block has potholes? What is there to smile about when six out of ten children in Philadelphia can't read, write, or do math on the high school level?
Yo, you guys need to be ashamed of buying the people. I got three minutes, right?
-- you're lying to Stated Meeting May 16, 2019 the people. The commercials -
Thank you. Thank you for your testimony. (Applause.) (No response.)
Hold on. Hold on. Folks, can we have a little quiet, please. Thank you.
And I am here today to express my support for the fair district resolution that was introduced Stated Meeting May 16, 2019 earlier by Councilman Jones and to thank him for his leadership in introducing it. Over the last several months, Fair District PA supporters have conducted constituent visits with Councilmembers to discuss this resolution. We also just conducted a legislative briefing on April 29th. Gerrymandering is when voting districts are drawn to give an unfair advantage to political parties and to particular legislators. Current law allows Pennsylvania legislators to draw the districts in which they and members of their party seek election. This direct conflict of interest has led to Pennsylvania becoming one of the most gerrymandered states in the entire country. The fundamental problem with gerrymandering is that it allows legislators to choose their voters instead of the other way around. This is undemocratic. Regardless of which party Stated Meeting May 16, 2019 is manipulating voting districts -- and they both do -- there are serious consequences for Philadelphians, including diminished electoral competition, governance divided by gridlock instead of problem-solving, and voter disenfranchisement. The long-term solution for ending gerrymandering is an independent citizens' commission for state legislative and congressional redistricting that must follow strict rules for fairness and transparency. The resolution introduced today affirms this. While only the Pennsylvania General Assembly can legislate state-level redistricting reform, municipalities nevertheless have a vital role to play in pressing for it. To date, 307 other municipalities have passed a fair district resolution like the one being introduced today -- or that was introduced. Their governing bodies, which comprise both republican and Stated Meeting May 16, 2019 democratic majorities, represent 56 percent of the state's population. It's time for Philadelphia City Council to pass a fair districts resolution too. Thank you. (Applause.)
Good afternoon. My name is Sara Stroman, a volunteer and advocate for fair districts and other issues. I'm here today because I'm sick and tired of dysfunction in our PA Legislature and Congress. It's frustrating and wrong that practically all the decisions that are made in our State Legislature are made by a handful in leadership. It's sickening that gerrymandering is a legal practice whereby it is legal to disenfranchise Stated Meeting May 16, 2019 voters. We know there are multiple ways of disenfranchising voters, and this is one of them. Our elected officials should not be drawing the lines for the districts in which they are running for election. The voters should decide who holds elected office, not the politicians. I am frustrated for my Representative who goes to work every day trying to do what we ask her to do and her voice is effectively and sometimes literally squashed. Thereby my voice is squashed and the issues I care about don't get addressed. No one deserves to be demonized and ignored due to their party affiliation alone. I want to be proud of my State Legislature, and right now largely due to gerrymandering and the extremes it promotes, we are the least productive full-time state legislature in the country, aside from Congress, which Stated Meeting May 16, 2019 suffers the same ills. This is nothing to be proud of. I am deeply grateful to Councilman Jones for introducing the redistricting resolution today so that the people of Philadelphia can send a strong message to Harrisburg that we have had enough. (Applause.)
Best for last again. This is an official decree of the people in writ of mandamus quo warranto and, as such, requires immediate action and remedy. Every week, Council, Mayor, Governor, and others transfer private property to the government, probably illegally. Duty doesn't give a damn if you're having a bad day. Duty doesn't give a damn if you don't feel like it. Stated Meeting May 16, 2019 Gettysburg, Arlington, and countless other cemeteries are filled with people who performed their known duty or task. Would people volunteer to serve overseas if they knew their government was stealing their neighbor's home? Officials avoiding their known duty or task must be prosecuted to prove that the government honors veterans' sacrifices. Why hasn't the Attorney General investigated and prosecuted the numerous complaints filed by me? Why hasn't the Sheriff, the Police, or the State Police in this very room arrested any official for the theft of my home and theft of my just compensation? The constitutions require immediate remedy of this breach of law, breach of close, breach of fiduciary duty. Your oath of office requires you to act or face prison. 42 USC 1982, 1983, 1985, 1986, Stated Meeting May 16, 2019 1987; 18 USC 241, 242, 2381, 2384; PA Constitution, Article I, Sections 1 through 28; 26 PA CSA 703, 705, 708, 709, 711, 712, 713, 716, 902, and other laws listed in SCOTUS 15-8965 appear violated. I call on the federal and Commonwealth governments to perform their constitutional obligations to investigate and prosecute all involved in the theft and illegal deed transfer of my home, 1038 West Wyoming Avenue. The denial of God-given 42 USC 1982 property rights for 25 years is egregious, extraordinary, oath-violating, and requires immediate remedy. A just government must obey the rule of law.
I remind Council, it takes a lot of cooperation to create and allow all of this monumental corruption.
Stated Meeting May 16, 2019 your testimony, sir. (Applause.)
There are no other speakers on the public comment list, Mr. President.
Thank you very much. We will now move to our Calendar. We will now consider today's Bill Consent Agenda. I would ask the Clerk to read the titles of all of the bills on the Consent Agenda. After each title is read, any member may object to the inclusion of the bill on the Consent Agenda. Upon such an objection and without debate, the bill will be immediately removed from the Consent Agenda and placed on our regular Final Passage Calendar. Mr. Decker, if you will now read the titles of the bills on the Consent Agenda.
Bill No. 190353, Stated Meeting May 16, 2019 "An ordinance authorizing the City of Philadelphia Department of Public Health, on behalf of the City, to enter into an intergovernmental agreement with the Commonwealth of Pennsylvania, Department of Human Services, whereby additional funds can be made available to City Federally Qualified Health Centers"; and Bill No. 180950, entitled "An ordinance amending Section 12-905 of The Philadelphia Code, entitled 'Permits for Curb Loading Zones,' to exempt businesses on streets with designated bicycle lanes from any fee for designation of a curb loading zone"; and Bill No. 181009, entitled "An ordinance establishing no truck parking and tow-away regulations on both sides of Decatur Road from Red Lion Road to Comly Road"; and Bill No. 181046, entitled "An ordinance revising parking regulations for South Street, from 21st Street to Stated Meeting May 16, 2019 27th Street"; and Bill No. 190085, entitled "An ordinance granting permission to a licensed tour vehicle operator to operate, on the west sidewalk of South Independence Mall West (formerly Sixth Street) between Ranstead and Chestnut Streets, the location formerly operated by 'Ride the Ducks' sightseeing tours, an existing prefabricated metal ticket booth and merchandising kiosk with signage"; and Bill No. 190103, entitled "An ordinance establishing no truck parking and tow-away regulations on both sides of McNulty Road from Southampton Road to Townsend Road"; and Bill No. 190104, entitled "An ordinance establishing no truck parking and tow-away regulations on Townsend Road"; and Bill No. 190105, entitled "An ordinance establishing parking regulations in the vicinity of: Ritner Stated Meeting May 16, 2019 12th Street; Camac Street and Moore Street; South 11th Street and Tasker Street; South 12th Street and Tasker Street; Morris Street and South 9th Street; Morris Street and South 6th Street; Morris Street and South 11th Street"; and Bill No. 190121, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 194 by striking from the City Plan the southerly ten feet wide portion of Berks Street from Howard Street to Hope Street"; and Bill No. 190184, entitled "An ordinance adding a new Chapter 12-3400 of The Philadelphia Code, entitled 'Use of An Automated Speed Enforcement System to Improve Safety on Roosevelt Boulevard,' to provide for the use of automated cameras to determine speeding violations on Roosevelt Boulevard and to establish a system of enforcement and administration"; and Stated Meeting May 16, 2019 190209, entitled "An ordinance amending Section 9-205 of The Philadelphia Code, entitled 'Sidewalk Sales,' by prohibiting vending on City Avenue between Haverford Avenue and 77th Street"; and Bill No. 190210, entitled "An ordinance authorizing Fox Television Stations to install, own and maintain planters at 330 Market Street, all under certain terms and conditions."
These bills having been read on two different days, the question for each bill now is shall the bill pass finally. The Clerk shall call the roll, and upon being called, each Councilmember shall vote aye on each of the bills, nay on each of the bills, or indicate those bills for which the member is voting aye and those bills for which the member is voting nay. Mr. Decker, please call the roll. Stated Meeting May 16, 2019
Aye on all bills. Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING
Aye on all bills. A majority of all members having voted in the affirmative for each of the bills, the bills on the Consent Agenda are passed. Thank you. We will now consider the bills and resolutions on the regular Second Reading and Final Passage Calendar. Yes, Councilman.
Mr. President, I'd like to be recorded as aye on all the bills on the Consent Agenda. Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING
The record shall reflect that Councilman O'Neill voted aye on all bills on the Consent Agenda. Mr. Decker, 190242.
A resolution condemning the Trump administration's proposal to eliminate funding for the Special Olympics, introduced by Councilman Green.
The Chair recognizes Councilwoman Quinones-Sanchez.
Thank you, Council President. I move that this bill be placed on the Suspension Calendar, that the rules of Council be suspended to allow for it to be moved to the Suspension Calendar. (Duly seconded.)
It's Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING been moved and properly seconded. All those in favor say aye. (Aye.)
The ayes have it. Resolution No. 190242 will be placed on the Suspension Calendar. Mr. Decker, please read the title of 190346-A.
A resolution authorizing the establishment of a "Special Committee on Child Separation in Philadelphia" to investigate child separation in Philadelphia's child welfare system and develop recommendations to ensure compliance with State Child Protective Services Law to protect children and due process rights of families and prevent the unnecessary break-up of families.
The Chair recognizes Councilman Greenlee. Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING
Thank you, Mr. President. Mr. President, the issue of child separation is obviously a serious issue. I think we all would agree on that. And it's certainly something that should be looked at in a very intense manner. I would argue, respectfully, this is not the right approach as proposed by this resolution to set up a special committee. We already have two standing committees that could address this issue, and I think, most importantly, we have a task force that was set up, I believe, last June that is dealing with the various issues of DHS, including this, and they include the all-important entities, including DHS, including the School District, and that would seem to be -- at least one of those places would seem to be the appropriate place to deal with this particular issue. I understand that task force, Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING again, has met at least a dozen times. I think we need to show a consistent approach to this issue. We already have -- it's already being looked into. To have another special committee set up and have them crisscrossing into each other I think is the wrong approach. I think it sends the wrong message to all of those concerned, including the state, who will be looking at what we're doing. So while I'm going -- while I would argue that we do not approve this resolution, I want to be clear, we are not rejecting the issue of child separation. We are rejecting this particular method of addressing it, and I think we all want to --
Folks, you had an opportunity at public comment. Now we're going to have the vote and we're going to have information from the members. Councilman, I'm sorry.
Thank Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING you, Mr. President. Again, I want to repeat, we are not rejecting this issue of child separation. We all agree it's an important issue, but I think we should reject this particular approach and deal with the entities and the committees that are already set forth and all work together to try to address, again, this very important issue. So I would ask members to vote no on this resolution. Thank you very much, Mr. President. (Audience members yelling out.)
Folks, folks, folks, we're not going to do that today. Okay? We're not doing that today. All right? (Audience members yelling out.)
Folks, just calm down. (Audience members yelling out.)
I'm telling you, folks, you have had your Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING opportunity for your public comment, and we will have a vote. (Audience members yelling out.)
I'm telling you, listen to me -(Audience members yelling out.)
We're going to have a vote today on the resolution. Okay? There will be a vote on the resolution. (Applause.)
Folks, we're not going to do this. I'm telling you, we're going to have a vote on the resolution. (Audience members yelling out.)
Councilman Oh, did you want to be recognized? You had your -- you changed your mind?
I thought it was time to make a motion, but I think there's -
No. Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING It's time for speeches like we do every week. You had your light on. Do you not want to be recognized?
I got you. I'm sorry. The Chair recognizes Councilwoman Reynolds Brown.
Thank you, Mr. President. I do have a point of information. And it is clear by the anguish and the pain that we hear in the voices of these parents, it's absolutely heart-wrenching. The point of information is, in many ways I'm going to punctuate what Councilman Bill Greenlee has already articulated. To be sure, we have the Committee on Health and Human Services, which is one place where we can go for Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING parents and those who care about the life chances of our children to have a voice, to have a say and often times their way. We also have the Committee on Children and Youth where parents and those of us who care about our children get a chance to have their say and in many times get their way. I learned in doing some homework this morning that we also have a task force that has been convened under the leadership of Councilwoman Gym and Councilman Kenyatta Johnson. So for me, it would be very, very, very useful to get an update on where they are, and tackling every single issue that is articulated in this resolution needs to be examined, needs to be looked at with a laser beam. The point of information I'm asking is, of these issues introduced in this resolution, are they being captured in the task force that is currently already convened by Councilwoman Gym and Councilman Kenyatta Johnson? That's the Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING point of information I need. Secondly, are we slicing hairs here? Are we slicing hairs? Are we able to achieve everything this resolution requires? And, yes, we do need to look at the issue. Are we able to achieve everything in the resolution by way of a task force that has been in place for X number of months? So it would be very, very helpful for me to hear an update on the task force at this hour prior to calling on a vote.
Folks, folks, come on. So the task force was convened. Who is going to be the person that's going to respond?
The Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING Chair recognizes -- hey, folks, seriously, we really need you all to be quiet, please, so we can conduct the business. The Chair recognizes Councilwoman Gym.
Thank you very much, Council President. First of all, I want to absolutely acknowledge the people who are in this room, many of whom have pushed us to go this far. In June, this Council convened and established a task force to take a look at the issue of youth in residential treatment facilities. Obviously many of them are separated from their families, but the issue has gone quite broad as well. We are looking at issues of separation but, more importantly, also issues of what we need to do to bring families back to health and healing. Since we established the task force, the task force started meeting. We have multiple members of the task Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING force. They include the School District of Philadelphia, the District Attorney's Office, CBH, DBH, City agencies, Councilmember offices, and our advocates, the Defenders Association, Education Law Center, and others who have -- Juvenile Law Center, who are taking a serious look and reducing on the front end and also ensuring the safety of young people in these treatment facilities. We started meeting in November. We've met over 14 times, including a town hall that brought out 150 families, showing us how we both need to do better and how we can do better. This is -(Audience members yelling out.)
There are parents who are represented on the task force as well as young people, and we will commit to doing -- we have committed already doing another town hall on this Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING very issue for which we will invite people, including members of the task force to be available. We are moving towards recommendations that will see a significant reduction around youth in these facilities. They include -- we expect to have those recommendations hopefully as early as September, but we would like to see that move towards fruition and invite members of those who are interested in the special committee to join us on the task force and be part of that solution that we are creating, the recommendations that we have. I understand the pain that a lot of people in this room are facing. We also have a big systemic problem, and we need all people at the table to try and get this under control. I'm committed to it. I'm in my first term, and we've already seen things move. And for those of us who are on Council, we are taking this issue very seriously and Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING certainly invite other Councilmembers to be part of that process. (Audience members yelling out.)
The Chair recognizes Councilman Oh. Folks, listen, time out. Folks, if all cannot participate in this way in a civil manner and let the Councilmembers speak, you're going to have to leave. You're going to have to leave. We can't have people hollering out from the audience. We gave you a chance to speak. You can't keep hollering out from the audience. All right? It's your choice. It's your choice. (Audience members yelling out.)
Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING Folks, can we have quiet, please.
The Committee on Health and Human Services chaired by Councilwoman Bass held a hearing based on a resolution that was passed in this body. It particularly had to do with DHS and whether the City agency, despite the good work that it does, its good mission, whether or not it was complying with state law. The issue is whether or not DHS as an organization routinely, routinely and intentionally violates state law, the Child Protective Services Law. And from what I've seen, it does, it has, and it justifies it. DHS is also the entity that educates mandated reporters in this city, and it routinely violates the law. So under those circumstances, I think it is important to focus specifically on DHS. The mothers that are here today and the many, many mothers who have contacted my office and brought proof to Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING my office have been going to their elected officials for years. This is not the first time that they've come to City Hall. I'm not the first elected official that they've been to. But they have come continuously, and they have no confidence in this current system, because despite all the evidence that they have presented that I've seen, medical records, photographs, videotape, testimony, all of those things, they have not been able to get a response, an appropriate response, to their complaints. There is something wrong with DHS. (Applause.)
The biggest problem that I have with DHS is that DHS tells us there's absolutely nothing wrong with them. And in the course of pursuing this, there have been threats made, threats intimated that there will be retaliation, that there will be political consequences, all types of threats, and I Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING wonder why, why is that, when all that we're doing is our duty to provide an oversight to an administrative agency that is responsible for protecting children. Why the threats? Why the problems? What I want to look at in this committee and not whitewash it, sugar coat it, hide it, or persecute it, I want to look and see whether or not the agency is in compliance with the law. I will say that I have in looking at the evidence -- and I have about 50 mothers, mothers who have voluntarily been videotaped. They said, videotape me. We videotape them. We have that. They're not being videotaped and presenting evidence because they're hiding something. They are mostly not-at-fault mothers, which means they were never accused of doing anything wrong. They were never accused of being abusive or negligent. In most cases that they have come forward, it was determined Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING by DHS that the allegations were unfounded, yet they have been denied their children for years. Their children are being placed in multiple foster care situations where they are abused, they have run away, they are depressed, they're medicated, they're sexually violated. And it continues. And then when not-at-fault mothers -- and no one has said they've done anything harmful to their children -- comply with DHS, get a GED, get a job, do everything they want, two years later DHS tells them, But we are putting your child up for permanent legal custody. It happens too much. There's something definitely wrong. And, finally, some of the facts that I've seen and confirmed are horrendous. S. Attorney's Office. I have tried to give it to our District Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING Attorney. And it is because DHS has placed a five-year-old child who has been raped by a boyfriend, tried to place that child with the boyfriend, claiming to the judge that this was the paternal father when that was not the paternal father. DHS then places the child with the girlfriend of that person. That five-year-old child provided a medical report, corroborated by her ten-year-old brother, of two years of rape, and DHS determined that the case was unfounded. There's no police investigation. That person, the rapist, is on the street. But DHS came to the grandmother's home and took the third grandchild without a court order, and that's on videotape. No court order. They handed a piece of paper, and when it was opened after taking the child in front of a police lieutenant and six police officers, that piece of paper was not a court order. Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING Now, the judge receiving a document from DHS signed an order that the grandmother is to have no interaction with her three grandchildren, and now they have brought allegations against the grandmother as being mentally ill. This is not something that I think is just a general handling of this matter. I think these type of cases -and I'm clearly not saying this is routine. Obviously not. What I am saying is, these type of situations appear to occur in a system that is not complying with the law. It does a lot of good things, but we cannot ignore the complaints of constituents all over our city, who have brought evidence and continue to bring evidence to their elected representatives seeking help. I would ask all of the Councilmembers to believe the women who are here today. The evidence will come out.
Without an appropriate and proper committee to look specifically at this Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING problem, despite whatever threats are being made, we will not get to the bottom of this. DHS cannot investigate itself. Thank you. )
I have to come down off the podium for a second. (Pause.)
Thank you. Mr. Decker, after the spirited debate, can you read the title one more time of 190346-A.
I did not get an answer to my question on clarity, and it is -- Councilman Oh did say and we all agree that DHS cannot investigate itself. My question on clarity was, given the heart-wrenching instances that Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING Councilman Oh just spoke about, can they, are they, should they be addressed in the current task force currently in place to look at these very specific type of ugly circumstances? I need an answer from the sponsor of the bill. Is there a level of confidence that these issues will be addressed in the current task force that exists, which includes all the systems across the board that interface in trying to make a difference in the lives of children?
My answer is no, because that task force is looking at a very broad range of things, as it should, and this is a very narrow thing that we're looking at and very specific.
So I would respectfully disagree. If the net is wide, then every instance that one can think of that touches the lives of Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING children should be discussed, debated, figured out in that task force. We have multiple systems, if you will. We have multiple pathways to try to make a difference in the lives of children. We have the Committee on Human Services, we have the Committee on Children and Youth, and we have a task force in place that has all of the players who lead those agencies at the table as we speak. And so I remain confused about why we are slicing the hair to achieve the very same end. Thank you, Mr. President.
Well, we're not slicing hairs. What happens is, people can look at environmental issues and then they can look specifically at air pollution. People can look at issues of crime or they can look specifically at heroin/opioid or specifically gun Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING violence among young people. You can look at crime. It will take a long time. It's important to do, but in light of the urgency of this situation, I would say a specific task force to look specifically at DHS and whether or not it is complying with state law and the other issues that involve violation of the law by DHS itself.
Just a point of information. Is there an actual motion on the floor at this time?
Well, there was going to be a motion by Councilman Oh. There's not a motion at this moment, but I think the Councilman is not only going to ask for a motion, he's going to ask for a roll call vote.
Okay. Just for clarity for the rest of the members. Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING
Thank you very much. I move for the adoption of the resolution. I ask for a roll call vote. (Duly seconded.)
It's been moved and properly seconded on Resolution 190346-A. Mr. Decker, call the roll.
No. Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING
Councilman Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING Squilla.
No. The ayes are seven; the nays are nine. The resolution is defeated. Mr. Decker -- I'm sorry; ten nays, seven ayes. (Audience members yelling out.)
The Chair recognizes Council President Clarke. (Audience members yelling out.)
Council President, you may proceed. (Audience members yelling out.)
Thank you. Thank you, Mr. Chair. I'm not really interested in being dramatic, Stated Meeting May 16, 2019 5/16/19 - STATED - 2ND READING but I'm not able to speak up at the podium. I just want to say one thing as we move ahead. (Audience member yelling out.)
All right. So let me -(Audience member yelling out.)