If the budget is approved, it would be approved by this Council; would it not? 102 6/12/07 - LAW & GOV'T - BILL 070459, ETC.
It would be approved by the Council of the City of Philadelphia, yes, sir.
Now, would that require you to come before this Council each year or something to ask for additional appropriations, as the Controller does, as everyone else does?
Again, I'm not an expert. My good friend, Mr. Goode, who I've known since high school, is, of course, an expert on this, but I would assume that the Mayor would set the budget, there would be a hearing before Council for Council then to approve or make adjustments to whatever they saw fit based upon testimony you might hear from the department head, the Inspector General or whomever. But I think that's important. But as it is currently, the way the Executive Order was created and the practice is in place, when we need more paper clips, if we need more paper, if we 103 6/12/07 - LAW & GOV'T - BILL 070459, ETC. need more business cards or training for our staff, it requires an e-mail or a letter or a memo from me to the Mayor's Office. And I'm sure they have many other things that may be on top of that pile or below that pile and sometimes things might not get to it as quickly as we might need and we might go without some things. So I say that even if the budget, that total number of X, will remain the same, it would be important for future Inspector Generals to have control of their own budget so that other people can't, if they don't like their investigation, say, No more paper for you.
If the Mayor doesn't like you, you'll have to use those No. 2 pencils all the way down, and then you'll have to go buy your own.
Point of information. 104 6/12/07 - LAW & GOV'T - BILL 070459, ETC. I'm a bit confused. You just said that the Mayor would set your budget. If the Mayor wanted to lowball your office and give you insufficient amount of money to do what you need, don't you think the Inspector General should develop a budget and present that to Council? Because if you get a Mayor that doesn't particularly want to be cooperative, they could not appropriately fund your office.
That's correct, and I believe in one of the most recent amendments presented or prepared by Councilwoman Campbell's staff, it includes language that would allow the Inspector General to petition the Court of Common Pleas for an adjustment if they thought that there was some sort of a political hoodwinking, if you were, to lowball the budget to eliminate the potential to conduct investigations appropriately.
Thank you. 105 6/12/07 - LAW & GOV'T - BILL 070459, ETC. Thank you, Mr. Chairman, for that point of information.
I agree with the comments of the City Controller. I agree with the comments of the Mayor's Chief of Staff and I agree with the comments of my colleague, Jack Kelly. I'm just not sure how much that affects what decision we should make today, because what needs to be detailed needs to be detailed by future ordinance. It's not something that's going to change the Charter change question for November. It's not something that's going to change what generally goes into the City Charter. It's something that should be detailed by a separate ordinance that would go into The Philadelphia Code. So 106 6/12/07 - LAW & GOV'T - BILL 070459, ETC. I don't think it really affects the decision we need to make today.
Thank you very much. And, again, if any constituents call your offices and they make you aware of any corruption, fraud or waste, please call us at 686-1770. And, again, thank you for this opportunity and I'd like to thank Ms. Campbell.
Thank you, Mr. Williams. Is there anyone else here to testify on this bill and resolution? (No response.)
Seeing none, that will conclude our hearing. We're going to go into a public meeting, and I would ask everybody's indulgence for about two minutes while we confer for 107 6/12/07 - LAW & GOV'T - BILL 070459, ETC. a minute. Thank you. (Short recess.)
We're finally ready. This is the meeting of the Committee on Law and Government. First dealing with Resolution 8 No. 070474, first I recognize Councilman Goode for the purpose of an amendment. And maybe you could explain those amendments, Councilman.
No problem, Mr. Chairman. Mr. Chairman, I offer an amendment to Resolution No. 070474. It's been circulated to all members of the Committee and discussed. The resolution 17 reads on as amended, Letter L, "Council shall have the power by ordinance to further detail the powers and duties of the Inspector General in a manner not inconsistent with the provisions of this Section." Further down the page on of the amendment under Chapter A-4, under Inspector General, No. 1, it says, "The amendment 108 6/12/07 - LAW & GOV'T - BILL 070459, ETC. to the Charter creating the Office of the Inspector General shall become effective January 7, 2008." I move for the adoption of this amendment. (Duly seconded.)
All in favor of the adoption of Councilman Goode's amendment please say aye. (Aye.)
I now recognize Councilwoman Campbell for additional amendments to Resolution No. 17 070474.
This is proposed amendments to Resolution No. 20 070474. Proposed deletions and proposed additions in bold, and I can go ahead and I can read it. "Every ordinance shall, before it takes effect, be certified to the Mayor for his approval. The Mayor shall sign the ordinance if he approves 109 6/12/07 - LAW & GOV'T - BILL 070459, ETC. it, whereupon it shall become law. If he disapproves it, he shall return it to the Council with the reason for his disapproval at the first meeting thereof held not less than ten days after he receives it. If the Council shall pass the bill by a vote of two-thirds of all of its members within seven days after the bill has been returned with the Mayor's disapproval, it shall become law without his approval. If the Mayor does not return the ordinance within the time required, it shall become law without his approval. The Mayor may disapprove or reduce any item or items of any ordinance 17 making appropriations, except the items in the annual operating budget ordinance 19 making appropriations to the Auditing Department for the compensation of auditors regularly employed by it, and for the work of the Personnel Director and the Civil Service Commission."
Point of order, Councilwoman. Just one second. 110 6/12/07 - LAW & GOV'T - BILL 070459, ETC. (Off-the-record discussion.)
"And for the work of the Inspector General, which shall become law if any part of the ordinance is approved. Subject only to the foregoing exceptions, the approved part or parts of any ordinance making an appropriation shall become law, and the part or parts disapproved shall not become law unless passed by the Council over the Mayor's veto as provided therein." "For the first two fiscal years, immediately following the effective date of this subsection, at least $1 million; and for all subsequent fiscal years, an amount adequate to enable the Office of Inspector General to perform the functions assigned to it by this Charter, shall be appropriated for the work of the Inspector General. Should the Council fail to make an adequate appropriation to the Inspector General, the Inspector General may 111 6/12/07 - LAW & GOV'T - BILL 070459, ETC. petition any Court of Common Pleas of Philadelphia County for a mandamus to the Council to perform its duty under this section." Let me put on the record that we are deleting certain terms of office. I believe it's and . I move for the adoption. (Duly seconded.)
It's been moved and seconded that the amendments to Resolution 070474 as read by Councilwoman Campbell be adopted. All in favor please say aye. (Aye.)
The amendments are adopted. I now recognize Councilman Goode regarding Resolution No. 070474 as amended.
Thank you, Mr. Chairman. I move that Resolution No. 112 6/12/07 - LAW & GOV'T - BILL 070459, ETC. 070474 as amended by both amendments be reported out of Committee with a favorable recommendation. (Duly seconded.)
It's been moved and seconded that Resolution 070474 be reported out of this Committee with a favorable recommendation. All those in favor please say aye. (Aye.)
The Chair now recognizes Councilman Goode regarding Bill No. 070459.
Thank you, Mr. Chairman. I move that Bill No. 20 070459 be reported out of Committee with a favorable recommendation and that the rules of Council be suspended so as to permit first reading at our next Council session. (Duly seconded.) 113 6/12/07 - LAW & GOV'T - BILL 070459, ETC.
It's been moved and seconded that Bill No. 070459 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended to allow for first reading at the next session of Council. All in favor please say aye. (Aye.)
The motion carries. Let me just add for the record that as it was talked about during the hearing, there will be an additional bill 18 introduced at some point by City Council to further define the roles and the rules of the Inspector General. Any other comments by any members of this Committee? (No response.)
Seeing none, that concludes the hearing of the 114 6/12/07 - LAW & GOV'T - BILL 070459, ETC. Committee on Law and Government. Thank you very much. (Committee on Law and Government adjourned at 4:05 p.m.) - - - 115 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on June 12, 2007, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)