COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON LABOR AND CIVIL SERVICE - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, May 17, 2006 10:30 a.m. - - - PRESENT: COUNCILMAN JUAN RAMOS, CHAIR COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILMAN BRIAN J. O'NEILL BILLS 050795, 051066, 060244, 060265 and 060289 - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2
Good morning, everyone. This is the Committee of Labor and Civil Service. I am Councilman Juan Ramos, Chairman of this Committee. Please note also in attendance is the Vice-Chairman of this Committee, Councilman W. Wilson Goode, Jr., along with Councilmen Jack Kelly and Jim Kenney and Councilman O'Neill. I would like to ask the Clerk to please read the title of the first bill.
Bill 060289, an ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by adding a new chapter entitled "Sheet Metal Technician," requiring certain licensing of persons performing duct work used in HVAC systems, under certain terms and conditions.
I would like to call this morning to the witness table Mr. Otis Haigler from License and 3 5/17/06 - LABOR - BILL 050795, ETC. Inspection.
Good day, Councilman Ramos and members of the Committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today I'm here to provide testimony on Bill 060289, which, if enacted, will add a new chapter to Title 9 of The Philadelphia Code to regulate persons who install and perform work on ducts that are used in conjunction with HVAC, heating, ventilation, air conditioning, systems. The proposed bill that is under consideration mirrors requirements currently in force by the Department under Chapter 9-2500 related to persons who perform work on fire suppression systems. Those requirements were enacted into law on December 19, 2001 through the passage of Bill 010498-A. Since that time, we have issued 1,012 licenses to fire suppression system workers and 246 4 5/17/06 - LABOR - BILL 050795, ETC. apprentice permits to persons meeting the qualifying requirements. In much the same way that we have processed applications and approved licenses and apprentice permits in the past for fire suppression system workers, we will do the same should Bill 060289 related to sheet metal workers is enacted into law. We believe that Bill 060289 will provide uniformity to the process of duct work installation especially in commercial buildings due to the complexity of installing duct work in these types of buildings. The main intent of the bill is to ensure that persons who perform such work are knowledgeable of the laws and regulations governing such installation and that such person possess the necessary credentials identifying him or her as one who has received training and is experienced for this type of work. Should Bill 060289 be enacted 5 5/17/06 - LABOR - BILL 050795, ETC. into law, the Department will seek to have a certification examination developed by a nationally recognized organization similar to the one used for fire suppression system workers which we will accept as evidence that persons successfully passing this examination are competent to perform duct installations and other related work and are, therefore, eligible to receive a license. I want to add a caveat to that. It's not just the passage of the examination. As you know, there's also some other requirements, such as having gone through an apprenticeship program. That's all in the bill. I just wanted to add a caveat to that, that passing an examination doesn't mean competence. In closing, we would like to offer one minor amendment to the bill to replace the word "revoke" as found on , No. 5, second line, with the word "suspend," and we do have an amendment that we're offering in conjunction with 6 5/17/06 - LABOR - BILL 050795, ETC. this testimony. It doesn't replace the word "revoke." It just adds the word "suspend or revoke," and that will be more in line with our current processes as we deal with licenses. We thank you for the opportunity to provide the Department's testimony on Bill 060289. I will be happy to answer any questions at this time.
Thank you, Mr. Haigler. Any questions from this Committee to the gentleman? (No response.)
Thank you, Mr. Haigler, for testifying and we'll take up that amendment when we go into our second session.
To the witness stand I will call Mr. Joe Sellers and whoever is accompanying Mr. Sellers. Mr. Sellers, please state your 7 5/17/06 - LABOR - BILL 050795, ETC. name for the purpose of the record.
Good morning, Mr. Chairman, Councilmembers. My name is Joe Sellers, Jr. I'm the President and Business Manager of Sheet Metal Workers Local 19. I'm here in support of the sheet metal certification bill. Local represents 14 approximately 2,400 members in the 15 Philadelphia area, the vicinity of 16 Philadelphia. We also have 4,500 members 17 throughout our jurisdiction. 18 With me today is Gerald Waites, 19 who is counsel. He will not be testifying today, but is here to answer any technical questions with regards to the bill. Also with me is Pastor Robert Paul, who is a member of Local 19. He is also our recruitment officer for Local 8 5/17/06 - LABOR - BILL 050795, ETC. 19. He's an executive board member and has been a member for many, many years. Duct systems and HVAC systems that are not properly installed can cause public safety and public health issues, when we come from an area where not too long ago the postal facility in Bellmawr, New Jersey where anthrax shut down that facility for well over a year, and there's going to be several regulations that modify HVAC systems. Also going back several years, we come from an area where Legionnaires disease hit the Bellevue Stratford and caused fatalities in that facility. And going back to that particular problem, there was an outbreak of bacteria that somehow got into the systems and was disseminated or was spread through the building, and bacteria caused the outbreak of sickness and death in many cases. Today, we individuals spend an enormous amount of time indoors, and coming from the Philadelphia area, many 9 5/17/06 - LABOR - BILL 050795, ETC. of those buildings and places where we spend sometimes 80 or 90 percent of our time at, windows don't open. So indoor air quality is a very important item to us. We see even in recent times that asthma has increased. You go back several years ago, asthma wasn't identified as much as it is today, and other toxins that are in the system. So indoor air quality to us is a very important item, whether we're in our homes, whether we're in our offices or our shops or whether our children are in their schools. There are other jurisdictions that have created similar bills for sheet metal worker/sheet metal licensing. We did a recent search, and there's 11 states that have it and 12 cities that have it, and we provided some supporting material to go along with that. Our industry impacts everyday life, whether we're at work or at home or 10 5/17/06 - LABOR - BILL 050795, ETC. at play. Good training won't guarantee that there will be a cure for potential problems, but it will be the first line of defense. It will create a quality control on protecting the quality of air that we breathe through a large amount of time that we spend indoors. We support this ordinance. The bill will create a minimum standard, a minimum standard for training, testing, the qualifications that go along with the installation of HVAC systems. Individuals who install and service HVAC duct work need to be properly educated to the codes. They need to know blueprint reading. They need to know the proper installation and the maintenance of such systems so that when we enter that building, we have a sense of security and deserve the quality of air that we have. The standards of the bill are similar to The Philadelphia Code on plumbing and fire suppression. So there's already similar bills within the 11 5/17/06 - LABOR - BILL 050795, ETC. City of Philadelphia. To put into perspective, almost all buildings have HVAC systems, as you can imagine. There's not many buildings that we walk in today that don't have a system that controls the heating or the cooling conveyance through a hot air or a cool air system. They also can carry not only toxins, as I indicated earlier, mold. Duct work in a moist environment will harbor mold and other bacteria, and the proper installation of that will certainly help prevent that long-term effect to those related issues.
Our sheet metal industry provides a standard. Engineers and specifications across the world use a standard, Smackton standards. I was in a recent trip to, I guess it was, Chicago and they had standards met -- standards created, standards kept. So when there is a standard, that standard should be upheld. So the design and the rigorous training that we put our apprentices and 12 5/17/06 - LABOR - BILL 050795, ETC. our journeypersons through to help ensure that the proper installation is done. I have with me, as I indicated, Pastor Bob Paul. He will explain the mentoring program that we have and the outreach that we have to ensure our future and the future training that our industry can provide to the City and the surrounding areas.
Thank you, Mr. Sellers. Mr. Paul, you can proceed with your testimony.
Yes. My name is Pastor Robert H. Paul, Pining Grove Baptist Church, also a sheet metal worker, Union Local 19. Good morning, sir, and to this entire committee. Sir, my responsibility, one of my responsibilities, is to get 13 5/17/06 - LABOR - BILL 050795, ETC. opportunity. We recognize the fact that there are many young people that need opportunity to get a career in the sheet metal industry. For the past eight, nine years, we've been going out to every public, parochial, private, charter school, wherever we can get an open door, to tell young people, primarily juniors and seniors, about the opportunity in the sheet metal industry. We have a four-and-a-half-year apprenticeship program. Now, how do you get everyone aware of the opportunity to have a four-and-a-half-year career? We do recognize the fact that college is probably one of the best institutions in America for higher education. However, there are some people that do not have a desire to go to college. Therefore, in the sheet metal industry, we give you a very good, stable, solid career. One rule that we do at our church is that we have a community center adjacent to our church where we have 14 5/17/06 - LABOR - BILL 050795, ETC. grassroot people going out, telling them about the opportunity, male and female, to have a career in the sheet metal industry. What we do is, sir, and to this committee, is that we take grassroot people who under normal circumstances would not have access or even aware of the opportunity in the building trades and the sheet metal industry. We go out -- I've gone to every school, every church, every community center that I can to tell them about the opportunity. They come into our community center that's adjacent to the church two nights a week. We give them a tutorial program, help to raise up their math skill, raise up their English skill to get them through that entrance examination. There's a standard that's already set. We don't ask the union to lower the standard. We try to raise up the standards of the individual, that once they get into the trades, the trades 15 5/17/06 - LABOR - BILL 050795, ETC. will then give them that systemic power to stay in there by learning and the various tutors that they have in the industry. One other thing that we do, sir, and to this committee, is that not only do we go out to the schools, but we go out to whosoever would like to have an opportunity in this building trade. You got to forgive me if I'm just a little bit nervous, just because I'm before the Committee, but nevertheless, I believe very strongly in what we're doing. There was a time when I came into this industry where it was very difficult to get in. Now the opportunity is wide open. We're not asking no one to lower the standard. We said that we will raise up our standard, and what we're doing is raising up the integrity of our people. Many times we think that we just can't do, but we instill through mentoring, we instill the confidence, we 16 5/17/06 - LABOR - BILL 050795, ETC. instill into them that the opportunity is here and it's accessible. You can obtain it. You bring something to the table, we will show you your opportunity to get into the building trades.
Thank you, Mr. Paul. Any questions for Mr. Paul or Mr. Sellers from this Committee? (No response.)
Seeing none, thank you so much for taking time out to testify on behalf of this bill.
You're welcome. Is there anyone else who wishes to testify on this bill? (No response.)
Seeing none, then I will ask the Clerk to read the 17 5/17/06 - LABOR - BILL 050795, ETC. title of the next bill.
Bill 050795, an ordinance amending Title of The 5 Philadelphia Code, entitled "Officers and 6 Employees," by creating a new Chapter 7 20-1100, entitled "Employee Benefits," to 8 provide for certain benefits for City 9 employees on military leave of absence, 10 all under certain terms and conditions. 11
I will call 12 to the witness table James Lanigan and 13 Gene Jones. 14 Good morning, gentlemen. 15 Please proceed with your testimony. 16 Please state your name. 17 OFFICER LANIGAN: Good morning. 18 My name is James Lanigan. I'm a 19 Philadelphia police officer and also a 20 member of the Air Force Reserve assigned to McGuire Air Force Base. OFFICER JONES: Good morning, members of Council. I'm a Philadelphia police officer and also a first sergeant in the Army National Guard. 18 5/17/06 - LABOR - BILL 050795, ETC.
Welcome. Please proceed. OFFICER LANIGAN: Thank you, sir. First I'd like to -- the first question I want to answer is why do we need more paid military leave. The current Civil Service regulations allow for days of paid military leave, and I 10 believe this is outdated. I believe it 11 was made during the time for City 12 employees or employees that worked a 13 Monday through Friday job, had the 14 weekends off, and the 15 days were 15 initially meant to cover your annual duty, your two weeks annual tour that you had to do every year. Unfortunately, City employees, such as Police, Fire and other City departments that work on a rotating basis in order to provide services to the community, we have rotating schedules. We don't always have our weekends off, and when we do have them, very rarely do they ever fall on our scheduled unit 19 5/17/06 - LABOR - BILL 050795, ETC. training assemblies. Now, what I'd like to tell you IS what the minimum requirements of a reservist and a guardsman are, are 6 weekends a month, which totals 24 days, 7 plus 15 days of annual tour. This comes 8 up to 39 days. This is the absolute bare 9 minimum that we have to do. 10 If you notice on the 11 commercials, they don't tell that anymore 12 when they have the commercials for the Reserves, just one weekend a month and two weeks in the summer. It's kind of drifted away. And the reason is, I believe is, one of them, is not only are our roles and responsibilities increasing, but also as you stay in the military, as you progress, we need you to stay in because we need that experience, but you have to start going to professional development. Not only as you get promoted do you have to go to technical training, but you have to become a better supervisor, better 20 5/17/06 - LABOR - BILL 050795, ETC. sergeant or a better officer. These are all trainings that are required, that you have to do every few years, and they eat away at our time. Also, depending on your assignment, wherever you're at, may require you to do double or more time. Gene and myself are both first sergeants, and as a requirement, we have to put in a lot more time. My specific assignment at McGuire, I'm a first sergeant at a personnel squadron. There are too many reservists on McGuire to all train on one weekend, so we have to split it on what we call an A and B weekend. Because the personnel and medical and flying squadrons have to support both weekends, my people have to be there both weekends; therefore, I do. So me personally, I'm doing 48 days, plus another 15 days minimum, not including any additional training that I have to do. And as we know, as the federal 21 5/17/06 - LABOR - BILL 050795, ETC. government reduces the active-duty force, a lot of those roles and responsibilities are being placed on the reservists in order to make up the difference. What's resulting in this is police, firemen, any City employee that's a military reservist or a guardsman after you use their days are required to use 10 your vacation time. Me personally, I 11 used up my 15 days two weekends ago. So 12 starting with this coming weekend, I have 13 to use my vacation and holiday time. 14 I've been a member of the 15 military for 18 years, a member of the Reserves for nine years. So for the last nine years, I can't accrue any vacation time. Currently, as of today, I have 19 hours' vacation time accrued. After 20 that, I have to use holiday time. I projected myself that by November, I'm going to have to go no-paid status for November and December in order to perform my requirements in the military. 22 5/17/06 - LABOR - BILL 050795, ETC. What happens is, we're left serving our community, serving our country, but not having the opportunity of having vacation time to relax and to spend with our families. There are some unknown facts, misunderstandings about the military. A lot of people think that we're collecting double pay.
Although we are collecting pay from both areas, the military pay is far less than what we receive here in the City. A sergeant, just a basic E-5 sergeant, for a weekend receives $332. Although that sounds a lot, that's for four periods. That's basically four days' pay that they're getting for a weekend, and the reason you're getting four days' pay is, you're four 12-hour periods. You're obligated to the military for 48 hours. If you take that four days, just two days for the police salary is $382. So it's less than 50 percent of what we would get here. So we're not in it for the 23 5/17/06 - LABOR - BILL 050795, ETC. money. We're not in it for the retirement. If you do 30 years of Reserves, strictly Reserves, you're looking at a percent pension, and 6 that's not much, and you can't even 7 collect it until you're age 60. If you 8 come in the service at the age of 18, at 9 33 years you're pushed out of the 10 service, period. So as early as age 51, 11 you're given a handshake, say, Thank you 12 very much for your service, and wait nine 13 years for your pension. 14 So these are men and women that 15 are not in this for the money, not in it for the benefits. They're in it to serve our country and community. And the last thing I'd like to say is in comparison to other states and cities, and I took up two, New Jersey and New York City. New Jersey currently has a Civil Service regulation that provides 90 days paid leave for all military, whether it's municipal or state, whether it's training or active duty, and that's 24 5/17/06 - LABOR - BILL 050795, ETC. just a benefit that they've provided to their members. The City of New York provides for 30 days paid military leave. Now, Pennsylvania State Civil Service regulation or the Commission has tried to come close to that. They've given days additional leave. 9 Unfortunately, it's only for 10 mobilization, and that doesn't really 11 help the typical reservists or guardsmen, 12 because it's only an extra two weeks if 13 you're deployed or mobilized. 14 And that's basically it. I 15 appreciate the time for testifying. If you have any questions.
Thank you, Officer. Please proceed. OFFICER JONES: Our purpose here today is to inform you that citizen soldiers, like myself, who have chosen to serve our country as well as our communities need specific legislation changes in the military leave bill that 25 5/17/06 - LABOR - BILL 050795, ETC. would help us meet our military commitment. Reserve soldiers are no 4 longer weekend warriors. In the past few years, we have been called upon to serve our communities, our country and the world in ways that are historically unprecedented. With the current military leave bill, we have been forced to use vacation time accrued from our jobs for military-related purposes. This has caused hardships, such as lack of vacation time left to spend quality time with our families, as well as not having the option of taking vacation time to meet with any other life obligations. In some cases, members of the military have run out of allotted military time as well as vacation time and have been forced to leave the payrolls of their current jobs. The pay received from military obligations does not meet the needs of the average reserve soldier. This has caused severe financial hardship on 5/17/06 - LABOR - BILL 050795, ETC. families. We are proposing that the Civil Service Committee move forward with a plan based on the plans that have been implemented in New York City and New Jersey. We would like for the City of Philadelphia employees, such as Police and Fire Departments, to be informed of Bill 050795 so that members of the military can serve their communities and their country without the hardships that loss of accrued vacation time may cause and that all information regarding military leave Bill 050795 be distributed to all appropriate departments. Failure to change the policy will result in forcing more City employees to exit the military. The policy has prevented interested City employees from joining military Reserve units. It goes without stating that our homeland security will be suffering as a result of the dwindling number of 27 5/17/06 - LABOR - BILL 050795, ETC. military Reserve soldiers. Since 9/11/2001, we are often notified for service with very limited notice. National Guard soldiers have been deployed to state bridges, tunnels, nuclear plants and airports as part of Homeland Security in a direct effort to maintain high levels of security. The National Guard has provided more than just mere manpower to the state agencies that need their services. From a Department of Defense article dated May 13, 2006, Army Lieutenant General H. Steven Blum, Chief of the National Guard Bureau, stated that guardsmen are in about 40 countries around the globe. 75,000 citizen soldiers are deployed around the world, serving in Afghanistan, Iraq and Kuwait. The National Guard has taken over entire missions in Bosnia, Herzegovina, Kosovo, and the counter-terrorism activities in the Horn of Africa and peacekeeping missions in the Sinai between Egypt and 28 5/17/06 - LABOR - BILL 050795, ETC. Israel. While the National Guard was providing support during the aftermath of Hurricane Katrina, the National Guard was fighting floods in New Hampshire and Vermont, fighting forest fires in Idaho and Montana, severe blizzard conditions in North Dakota, dealing with issues on the southwest border of the United States and guarding critical infrastructures in New York City. On May 15, 2006, the federal government has called for 6,000 soldiers to support our borders. As our deployment has increased, no one has taken into account that average deployment spans 12 to 17 months, not to include time needed for 18 specialized training for the deployment. Due to the fact that little or no notice is given for these deployments, additional vacation time must be utilized by military Reserve officers just to spend time with their families prior to deployment and handle personal business. It is my recommendation that 29 5/17/06 - LABOR - BILL 050795, ETC.
the State of Pennsylvania increase the mandatory number of military leave days from to 45 days. This is a suggestion 5 due to the increased specialized training 6 directly related to the increased 7 deployment of military Reserve soldiers. 8
Thank you, 9 soldier, for your very informative 10 testimony. 11 Any questions for these 12 witnesses from the Committee? 13 Councilman Kenney. 14
Thank you 15 very much and good morning and thank you for your testimony. Since you gentlemen are involved in this issue and have been researching and I'm sure knowledgeable about the subject, do you have any idea how many employees of the City are involved or would be affected by the increase in paid military leave? OFFICER LANIGAN: Councilman, I don't know for sure. I recall around 30 5/17/06 - LABOR - BILL 050795, ETC. 9/11 there was a news article indicating approximately 450 City employees.
So certainly less than a thousand, probably no more than 500. OFFICER LANIGAN: I don't know for sure. I wish I knew how to find that out, but I don't have the --
In my last research relative to the bill we did on exempting the City wage tax from active military pay, it was difficult -- I forget which branch it was, but it was easier to find out from either the Guard or the Reserve the number of people that they have. Either the Guard or Reserve was somewhat -- not secretive, but wanted to hold on to the numbers for strategic reasons and it was difficult to really find out, but I think it was around 500 total. Do you have any idea what the average need is for paid military leave? For example, we're looking at changing 31 5/17/06 - LABOR - BILL 050795, ETC. this to 30, but you're up into 32, I guess, or so already. OFFICER LANIGAN: Yes. Actually, it's 39 days, is what our total commitment is annually. That is the bare minimum. That would be the best scenario. The reason we picked 30 is because New York is at 30, and we're not trying to -- we don't want to go too far, in all honesty. We're not trying to ask for a huge package. We'd like to take a step in the right direction, and if it means getting 30 now and hopefully later on maybe increase it.
What I'd be interested in doing is certainly putting this bill out of Committee today and supporting it on the floor, and I would make a request to the Chair, if we can find out as best we can the number of people involved and the average number. I see a reason to go to 30. I see no reason why we couldn't go to 40 or 45 if that's what the average number is. 32 5/17/06 - LABOR - BILL 050795, ETC. Rather than having you eat any of this, we might as well just find out what the average is. Certainly pass this as soon as we can, but then maybe amend it down the road, shortly down the road, to figure out what it is that covers it. Is it 45? Is it 50? Is it 60? Whatever the number is. So you're saying bare minimum of just your minimum requirements, not in addition to your training and your development and all the other stuff. OFFICER LANIGAN: Exactly.
So if the Chair would -- and maybe I could have my staff also be involved in trying to find out just what the number is. OFFICER LANIGAN: I believe that the best -- I would think that the best person would be either the Finance or the Personnel Department of the City. I would hope that they would know how many people are in the military, because I thought it was -- I know in the Police 33 5/17/06 - LABOR - BILL 050795, ETC. Department we're required to let our chain of command know that we're in the service.
The other issue relative to your service in Reserves or the Guard and whether active or non-active duty, does it affect your seniority? OFFICER LANIGAN: It's not supposed to. We've had instances where the Fire Department when they came back off of active duty, some of their members didn't receive promotions and they ended up having to go to federal court in order to get their promotion and back date it. By federal law, it's not supposed to affect our seniority. We still have the same payroll number. We still have the same seniority. However, what does happen is, when you come off the payroll for any reason, whether it's a day or a year, you're that much further behind retirement.
You're 34 5/17/06 - LABOR - BILL 050795, ETC. frozen basically in time. And then it also affects issues relative to test taking. So if you're active in a way during the course of the time that a promotional exam is given, can you come back and take it or do you have to wait for the next go-around? OFFICER LANIGAN: We're supposed to be able to take it. In reality, we basically have to fight for it. We have to go to arbitration, and in all honesty, by the time that happens, it could be the next test.
One of the issues that Council has dealt with and continues to deal with is the kind of reinvigoration or reestablishment of the Veterans Advisory Commission that the Council created and is under the Council's purview. We have talked with various representatives of military organizations, Vietnam veterans and other people, to kind of get that board reestablished and reinvigorated, because 35 5/17/06 - LABOR - BILL 050795, ETC. in order to have this information available to us, you're certainly bringing it to us, but to have a commission that's under the auspices of the City, who researches these things and kind of guides us in what we need to do from a personnel standpoint, from a Civil Service standpoint and everything else to treat you fairly, I think we're going to need to reestablish that board quickly, especially in light of the fact that we have the post Gulf War people that are dealing with issues. We're going to have the Iraq people that are coming back dealing with issues, those people in Afghanistan. So it's almost as if we're back in the Vietnam era of the needs of our employees, and I'm looking forward to getting that board reestablished. As a matter of fact, I'm going to talk to the Council President today and see if we can't work out some appointment process so that we can get that board up and running and have it funded so that they 36 5/17/06 - LABOR - BILL 050795, ETC. can do the research and make the recommendations to Council for legislative changes that are necessary to assist you in your service. OFFICER LANIGAN: Thank you.
Yes. Let the record reflect that this Committee will find out from the Administration the number of employees that are in this category of military service.
Yes. Thank you, Mr. Chairman. Officer, I just have one question. What is the state policy 37 5/17/06 - LABOR - BILL 050795, ETC. regarding military leave? Could you tell me that? OFFICER LANIGAN: Sir, the state policy is similar to our City Civil Service regulations, days of paid 7 military leave for military duty, whether 8 it's training or mobilization. It was 9 recently just upgraded, last November I 10 believe, to include an additional 15 11 days, but that's only if you're 12 mobilized. It doesn't include your 13 annual training. 14
Was that a 15 bill? OFFICER LANIGAN: It was a bill, yes. It was passed last November.
And now -- OFFICER LANIGAN: But it only pertains to state employees.
State employees? OFFICER LANIGAN: That's correct. Not municipal.
But it was 38 5/17/06 - LABOR - BILL 050795, ETC. increased by days? OFFICER LANIGAN: That's correct.
Any further 9 questions for these witnesses? 10 (No response.) 11
Seeing none, 12 thank you so much, officers and soldiers, 13 for testifying this morning. 14 OFFICER LANIGAN: Thank you. 15
I'll ask the Clerk to present the next bill, please. Anyone else that wishes to testify on the bill that we just heard? (No response.)
Seeing none, the Clerk will please state the number of the bill coming up next.
Bill 051066, an ordinance amending Title 22 of The Philadelphia Code, entitled "Public 39 5/17/06 - LABOR - BILL 050795, ETC. Employees Retirement Code," by amending Section 22-105 relating to the definition of "compensation," and repealing a previous ordinance that added the language now to be deleted, all under certain terms and conditions.
I would like to call to testify on Bill No. 051066 Gwendolyn Bell and Evan Myers. Good morning. Please proceed. Please state your name for the purpose of the record.
Good morning, Councilman Ramos and members of the Committee on Labor and Civil Service. My name is Gwendolyn Bell. I'm Executive Director of the Board of Pension and Retirements. With me today is Evan Myers, senior attorney from the Solicitor's office and James Kidwell, Deputy Director of the Board of Pensions.
Bill 051066 is being 40 5/17/06 - LABOR - BILL 050795, ETC. recommended for amendment of The Philadelphia Code under Title by 4 amending Section 22-105(9) relative to 5 the definition of "compensation," and 6 repealing a previous ordinance that added 7 the language now to be deleted. 8 The proposed ordinance was 9 reviewed and approved by the Law 10 Department in October 2005 after a vote 11 of the Board of Pensions and Retirement 12 in May of 2004. It's been the practice 13 of the Board for more than 20 years to 14 allow pension service credit for mandamus 15 fees up until April of 2004, at which 16 time a legal opinion advised the Board 17 that service credit was not authorized 18 under the Retirement Code. 19 There are 89 eligible court 20 reporters, and we've gotten a petition 21 from 50 of them to be allowed to purchase 22 these fees, and we ask you to vote favorably on this recommendation.
Thank you, Ms. Bell. 41 5/17/06 - LABOR - BILL 050795, ETC. Any other person at the witness table care to testify on this bill? If so, please proceed. If not, any questions from this Committee? (No response.)
Seeing none, thank you so much for your testimony this morning. Anyone else who is here to testify on behalf or opposed to Bill No. 13 051066, please come forward. Please proceed. Please state your name for the purpose of the record.
My name is Edna Donovan, D-O-N-O-V-A-N, and with me is Kimberly Horsley, H-O-R-S-L-E-Y, and Thomas Campbell, C-A-M-P-B-E-L-L. Good morning.
My name is Edna Donovan and I am President of the Philadelphia Official Court Reporters 42 5/17/06 - LABOR - BILL 050795, ETC. Association, which is an organization consisting of 70 members, all of whom are official court reporters employed by the City of Philadelphia. I am here today along with other officers of the Executive Board to urge Council to vote in favor of Bill No. 051066. It has been a longstanding practice of the Pension Board to allow court reporters to add their transcript income to their pensions. This practice began in the late 1970s as a result of a class action suit, Newhouse versus Board of Pensions, a suit brought by retired court reporters against the Pension Board for the Pension Board's failure to add their transcript income to their pensions. The Commonwealth Court at that time held that transcript fees were to be included as compensation in calculating the retirement benefits of court reporters. Subsequently, in March of 1981, 43 5/17/06 - LABOR - BILL 050795, ETC. Bill No. 612 was passed by City Council excluding transcript fees from pensionable income, but shortly thereafter, in March 1982, the Commonwealth Court, in Bradley versus Board of Pensions and Retirement, held that since the City, pursuant to statute, is required to pay transcript fees to official court reporters, the Pension Board was to compute retirement benefits on the basis of both salary and transcript fees. As a result of these Court decisions, for the past years the 16 Pension Board has continued to allow 17 court reporters to add their transcripts 18 to their pensions and continued to accept 19 contributions therefor. 20 Recently, however, without 21 prior notice to the court reporters, the 22 Pension Board voted to allow only those 23 reporters who were already voluntarily 24 making contributions on their transcript 25 fees to continue the practice and voted 44 5/17/06 - LABOR - BILL 050795, ETC. not to permit any new requests from court reporters, and it is this decision of the Pension Board that brings us before Council today. Compensation to court reporters, by statute, comprises both a salary and transcript fees, the fees arising from business connected with the Court or ordered by the presiding Judge. These transcripts are mandated by the Courts, governed by the rules of Court and are billed to the City on mandamus. Both functions of recording stenographic notes and producing a transcript are inherent to the position of official