Stated Meeting, June 16, 1998

COUNCIL OF THE CITY OF PHILADELPHIA SPECIAL MEETING OF THE COUNCIL Room 400, City Hall Philadelphia, Pennsylvania Tuesday, June 16, 1998 10:20 a.m. Introduction, Consideration and Enactment of a resolution authorizing initiation of a lawsuit by City Council to bring about a resumption of service by the SEPTA City Transit Division, and commencement of round-the-clock negotiations to settle the labor dispute between SEPTA and TWU Local 234. PRESENT: COUNCILMAN JOHN F. STREET, Chair COUNCILWOMAN ANNA C. VERNA, Vice-Chair COUNCILWOMAN HAPPY FERNANDEZ COUNCILMAN JAMES F. KENNEY COUNCILWOMAN AUGUSTA A. CLARK COUNCILMAN DAVID COHEN COUNCILMAN FRANK RIZZO COUNCILMAN ANGEL ORTIZ COUNCILMAN FRANK DiCICCO COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN MICHAEL A. NUTTER COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center Plaza, Suite 600 Philadelphia, PA 19103 SPECIAL MEETING

Good morning, ladies and gentlemen. This is a special session of City Council called for Tuesday, June 16, 1998, at 9 o'clock a.m. (Audience disruption.)

At this time, the Chair recognizes Velma Diaz, who will give us a prayer for our Council session.

I would ask that you all rise. Let's take a moment to meditate, to think of all that God has done for us and given us. Father, we come to you this morning thanking you for having placed each one of us in a nation, Commonwealth, and city where we are free to advocate for the benefits to all groups. We ask of you to bind all that is not from you in this room, in this building, in this city. As a loving father, you care for each in your creation. Make yourself manifest through the wisdom you give to this legislative body as individuals and as a corporate body. Help us to find peace in you and trust you for a speedy and equitable resolution to SPECIAL MEETING the issues brought forth. We thank you for hearing us and answering our pleas. For we ask all these things in the beloved name of your son Jesus, and all say amen. (Applause.)

Will Councilwoman Verna please approach the Chair with the resolution. At this time the clerk will read the notice of the special meeting.

Notice of special meeting. Pursuant to the Rules of the Council of the City of Philadelphia, Chapter 1(2), the President of City Council has issued a call for a Special Meeting of the Council on Tuesday, June 16, 1998, at 9:00 a.m., in the Council chambers. The stated purpose of this meeting is the introduction, consideration, and enactment of a resolution authorizing initiation of a lawsuit by the City Council to bring about a resumption of services by the SEPTA City Transit Division and the commencement of round-the-clock negotiations to SPECIAL MEETING settle the labor dispute between SEPTA and the TWU Local 234.

Thank you very much. At this time the Chair recognizes Councilwoman Verna for the introduction of bills or resolutions.

Thank you, Mr. President. On your behalf, I offer one resolution, which has been cosigned by several members of Council.

The clerk will please read the title of the resolution.

A resolution authorizing the City Council of Philadelphia, on behalf of the citizens and taxpayers of Philadelphia, to file a lawsuit against the Southeastern Pennsylvania Transportation Authority, SEPTA, and the Transport Workers Union, TWU, Local 234, requiring the parties to resume immediately continuous and meaningful collective bargaining until a contract agreement is reached.

This resolution SPECIAL MEETING will be referred to the Council Committee of the Whole. I would like to point out that at the request of Councilmembers, several Councilmembers, the second page of the resolution, the following language has been added. So if all Councilmembers could get out your resolutions. At the end of the, now therefore, the Resolved clause, at the end of it, the following language is added, "i.e., court-ordered supervision until agreement is reached." There was some question in the minds of Councilmembers that the resolution is calling for court-ordered supervision of the negotiations. The Chair has agreed that the amendment will contain that language which satisfies the members of Council who had a concern. The Chair recognizes Councilman Cohen.

I just wanted to suggest, Mr. President -(Applause.)

Councilman Cohen, you are going to suggest that those words be added SPECIAL MEETING to the title?

Yes. (Duly seconded.)

Councilman Cohen, I knew he was going to say that. That is fine. I have no objection to it. We will add that same language to the title of the resolution. So that when it is printed, it is printed with that language in both the title and in the Resolution clause.

That's right, sir. Thank you very much.

Thank you very much. Now, I would like to announce that this resolution has been pre-advertised. A Public Hearing on it will be held on Friday morning at 9:00 a.m. in this Council chamber, at which time the members of the general public and others will be invited to come and to testify on the resolution. I will also note that in our Council caucus, Councilman Nutter made the recommendation SPECIAL MEETING that if negotiations among the parties are not taking place, he recommends that the two negotiating teams come to City Council and listen to the testimony of the people who may have some concern about the strike and what it is doing. And if they are available, we certainly welcome them. At this time the Chair recognizes Councilwoman Fernandez.

Mr. President, could you just read for the record what the revised wording was? Can you just read that last paragraph?

All I you simply do is period at the end, "until agreement is reached." And now at the Resolved clause, "i.e. Court-ordered supervision until agreement is reached." And that same language would be added to the title of the resolution.

Again, where does that go? The last line?

It goes after the last word of the last paragraph on the last page of SPECIAL MEETING the Resolution. And it goes after the last word in the last line in the first paragraph on the first page of the Resolution. The Chair recognizes Councilman Cohen.

Mr. President, I think the Notice of this hearing and the session on Friday marks a three-day period in which, in the language of the day, at least in the basketball language of the day, full court press is required. I think the next three days are vital. And I think it urgent that unless results are reached in the next three days, that we as a public body must put full pressure on another public body, meaning SEPTA, to come and bargain fairly at the table. (Applause.)

Mr. President, tomorrow the Council calendar calls at 9 o'clock for a series of Council actions involving appointments to various Boards. Among those are the SEPTA, Philadelphia SEPTA, appointments. I think it imperative that we get SPECIAL MEETING full agreement from the nominees who represent the City of Philadelphia on the SEPTA Board, we get full support from them to make certain that they do everything possible to see to it that SEPTA stops playing games. (Applause.)

I would urge everybody in the chambers to be present tomorrow, when the Council hearings are held on the appointments of the Philadelphia members of the SEPTA Board, so that we can hear what their position will be on this matter. And I hope that each of us, particularly the President of City Council, representing this body, makes it very, very clear to SEPTA that we want this strike settled on fair terms. And fair -(Applause.)

And fair terms do not include union busting. (Applause.)

The Chair recognizes Councilwoman Blackwell.

Thank you, SPECIAL MEETING Mr. President. With regard to the language just added to the Resolved clause and in the title, the language should read, "Court-ordered Court supervision until an agreement is reached." We would certainly like to amend the language to include, "Court-ordered Court supervision until an agreement is reached."

Does anybody have any objection to that? Councilwoman Blackwell wants to be sure that it is even clearer. She wants to say, "Court-ordered Court supervision." (Applause.)

So now we have, "i.e., Court-ordered Court supervision until agreement is reached." (Applause.)

The Chair recognizes Councilwoman Verna.

Thank you, Mr. President. I move that the special session remain in recess until Friday, the 19th, at noon. SPECIAL MEETING (Duly seconded.)

Thank you very much. All in favor let it be known by saying aye. Those opposed say nay. The Chair recognizes Councilman Nutter.

Thank you, Mr. President. With all the enthusiasm in the room, I want to just remind my colleagues that there was a 10 o'clock Commerce and Economic Development Committee hearing on Resolution 970684. All of the witnesses for that hearing are here. I would just ask my colleagues if they could stay, just to establish a quorum. I would greatly appreciate it. And everyone else who is here, you can stay, as well.

Thank you very much, Councilman. I think some people may be leaving, however.

It is my impression that they didn't come for that hearing. SPECIAL MEETING

This special session of Council stands in recess until Friday, June 19, at 12:00. That has no bearing on our regular session session for Thursday. (Special Meeting adjourned at 10:35 a.m. 1035 a.m.) C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Tuesday, June 16, 1998, were reported fully and accurately by me, and that this is a correct transcript of same. RE: SPECIAL MEETING OF THE COUNCIL _____________________________________ DEBRA A. WHITEHEAD, RPR