COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE OF THE WHOLE - - - Room 400, City Hall4 Philadelphia, Pennsylvania Wednesday, March 30, 2011, 10:10 a.m.5 - - - RES. 110161 - Five-Year Plan BILL 110135, Capital Program 2012 through 2017 BILL 110136 - FY 2012 Capital Budget BILL 110137 - FY 2012 Operating Budget BILL 110138 - Wage Tax Bill 12 COMMITTEE MEMBERS PRESENT: Anna C. Verna, Chair Marian B. Tasco, Co-Chair15 Jannie C. Blackwell Blondell Reynolds-Brown16 Darrell L. Clarke W. Wilson Goode, Jr.17 William K. Greenlee Curtis Jones, Jr.18 James F. Kenney Frank Rizzo19 20 - - -21 22 23 24 25 2 3/30/11 COMM. OF THE WHOLE - BILL 1101371
Good2 morning, everyone. This is a continued3 public hearing of the Committee of the4 Whole.5 The Chair recognizes6 Mr. McPherson.7 MR. McPHERSON: This is a8 continuation hearing on Resolution9 110161, the City's Five-Year Plan; Bill10 No. 110135, Capital Program 2012 through11 2017; Bill No. 110136, the Capital Budget12 for Fiscal Year 2012; Bill No. 110137,13 the Operating Budget for Fiscal 2012;14 Bill No. 110138, the wage tax bill.15 And today, we are taking16 testimony on Bill No. 110137, the17 Operating Budget for Fiscal 2012, and the18 first department is the City Controller.19 (Witnesses come forward.)20
Good21 morning and welcome.22 CITY CONTROLLER BUTKOVITZ:23 Good morning.24 COUNCIL PRESIDENT VERNA:25 3 3/30/11 COMM. OF THE WHOLE - BILL 1101371 Please identify yourself for the record2 and proceed with your testimony.3 CITY CONTROLLER BUTKOVITZ:4 Yes. Good morning, Madam President and5 members of Council. I'm City Controller6 Alan Butkowitz, and I'm joined today by7 Deputy City Controller Harvey Rice;8 Deputy Controller Gerry Micciulla, and9 this is his first budget as the Post10 Audit Deputy, Al Scaparetta having11 retired.12 COUNCIL PRESIDENT VERNA:13 Welcome.14 CITY CONTROLLER BUTKOVITZ: And15 also Deputy Controller John Thomas, as16 well as our Administrative Services17 Director Andrea Rose.18 Should I proceed now?19 COUNCIL PRESIDENT VERNA:20 Please.21 CITY CONTROLLER BUTKOVITZ:22 Some of the more pleasant aspects of my23 job as City Controller are opportunities24 like these to work with members of25 4 3/30/11 COMM. OF THE WHOLE - BILL 1101371 Council under the leadership of President2 Verna, I would like to publicly3 acknowledge and thank you for your many4 years of dedicated service to the5 citizens of Philadelphia.6
8 CITY CONTROLLER BUTKOVITZ: The9 Mayor's proposed Fiscal Year 201210 Operating Budget for the City11 Controller's Office includes a General12 Fund appropriation of $7,556,052. 22 Again, I would like to publicly23 thank all of my employees who continue to24 provide professional and needed service25 5 3/30/11 COMM. OF THE WHOLE - BILL 1101371 to the citizens of Philadelphia. 5 I believe this clearly6 demonstrates that City employees are7 hardworking and dedicated individuals who8 are willing to do whatever it takes to9 keep our city running smoothly during our10 current financial crisis. 24 In those reports, we made 13925 6 3/30/11 COMM. OF THE WHOLE - BILL 1101371 new recommendations to safeguard assets,2 enhance financial management, strengthen3 internal accounting controls, and improve4 operating economies and efficiencies. 16 Last January, we took the17 unprecedented step of withholding from18 employees' paychecks for those who owed19 delinquent taxes. 24 Since the inception of the25 7 3/30/11 COMM. OF THE WHOLE - BILL 1101371 Controller's withholding initiative, it2 has generated $3 million for the City,3 $750,000 directly from payroll4 withholdings. 15 Currently, there are 650 City employees16 owing more than $1 million in court17 fines, fees, and bail costs. 23 Both of these withholding24 programs will bring in over $5 million to25 8 3/30/11 COMM. OF THE WHOLE - BILL 1101371 the City treasury. 6 Along with aggressively7 collecting owed money to the City, we8 identified $64 million in unnecessary9 costs in our review of the City's Risk10 Management Division. 21 I would like to publicly thank22 you, the Council, and the Mayor for23 giving us the supplemental appropriation24 so that we were in a position to hire a25 9 3/30/11 COMM. 24 We also continue to report on25 10 3/30/11 COMM. OF THE WHOLE - BILL 1101371 prior-year findings until corrections or2 recommended changes are made. Our3 Preaudit Unit provided oversight for more4 than 215 capital projects, an increase of5 90 projects over last year, totaling more6 than $860 million. 10 This past August, my Preaudit11 Unit identified a contractor at the12 Philadelphia Airport who was not13 compliance in with minority participation14 requirements of his contract. We found15 that the contractor failed to utilize his16 minority subcontractor for approximately17 $4 million. 24 The Fraud Unit worked on more25 11 3/30/11 COMM. 5 In addition, we conducted a6 review of the BigBelly sole-source7 contract, where we identified8 questionable practices in the purchase of9 the $3700-apiece trash units. 18 The "Bank On" promise is also19 working with financial institutions and20 community organizations to promote21 financial literacy within our City's22 schools. We developed a youth education23 portal through the Bank On Philadelphia24 website that allows teachers, parents,25 12 3/30/11 COMM. 4 We have accomplished all of5 this despite being short positions since6 I took office a little over five years7 ago. 24 My goal for the current year is25 13 3/30/11 COMM. 17 I appreciate this opportunity18 to present testimony, and I thank Madam19 President and the members of Council for20 your cooperation. 24
Thank25 14 3/30/11 COMM. OF THE WHOLE - BILL 1101371 you.2 The Chair recognizes Councilman3 Goode.4
Thank you,5 Madam President.6 Good morning, Mr. Controller.7 CITY CONTROLLER BUTKOVITZ:8 Good morning.9
Let me first10 salute you for the work you've done on11 minority participation.12 During these hearings, I've13 been asking questions about the largest14 contracts that each department has and15 whether they are renewable.16 I am actually interested in17 finding out your opinion on whether18 renewable contracts actually helps or19 hurts minority participation, with the20 thought that if the goals are not reached21 within the first year, as a contract goes22 into a second or third or fourth year,23 whether there's an opportunity for more24 participation or whether it will stay25 15 3/30/11 COMM. OF THE WHOLE - BILL 1101371 level.2 So my question is just twofold.3 One, do you have to sign off on renewable4 contracts? And then, two, how do you5 think it impacts minority participation?6 CITY CONTROLLER BUTKOVITZ:7 Well, I sign off on own contracts. And8 my experience happens on it happens to be9 with the largest that we've awarded,10 which is the one that's going on right11 now on the Sheriff's audit.12 And that gave us an opportunity13 for a 25 percent minority participation14 in that contract. It really helped15 improve our numbers overall, and I can16 tell from the way the interview went that17 no matter how you sliced it, whether it18 was -- you know, when it's renewable, you19 don't have to go through this process20 every year of interacting with the21 contractor.22 So you really only get one shot23 at 'em over four years. And it's that24 interaction that really communicates the25 16 3/30/11 COMM. OF THE WHOLE - BILL 1101371 seriousness of purpose that you expect2 there to be responsiveness on that.3 So I'd say that the more often4 they have to come in and be interviewed5 and make a pitch for the contract, the6 greater a chance of success at achieving7 the minority goals.8
Okay, thank9 you.10 Thank you, Madam President.11 COUNCIL PRESIDENT VERNA:12 You're welcome.13 The Chair recognizes Councilman14 Jones.15
First of16 all, I still read all of your audit17 reports, and I appreciate what you're18 doing.19 What I would like to get a20 sense of is: Have you heard any update21 about the analysis of the Gas Works and22 where we should be with that asset?23 CITY CONTROLLER BUTKOVITZ: It24 hasn't been performed formally. I've25 17 3/30/11 COMM. OF THE WHOLE - BILL 1101371 only heard, you know, offshore, informal2 kinds of comments. And just as we3 suspected at the beginning, there's going4 to be a cross pressure in terms of5 different goals that the City has.6 There's a very strong goal to7 try to get this liability, open-ended8 liability, off the City books. And9 there's also a strong commitment to10 preserving all sorts of protections for11 low-income ratepayers and so on.12 And those two goals -- and what13 I'm getting is that it's kind of14 difficult for better -- anybody who was15 going to pick up a utility with a minus16 $1 billion value expects to be able to17 make that money back either by raising18 rates or firing workers; they're not19 going to give us charity.20 And I don't think that the City21 policy leaders have -- it's a very22 difficult issue for them to digest23 because we have a very large impoverished24 population in the City, and I don't think25 18 3/30/11 COMM. OF THE WHOLE - BILL 1101371 the City has -- you know, the Mayor has2 made it pretty clear that he's just not3 willing to just write off a lot of the4 protections that have been embedded.5 So my judgment's going to be6 very, very hard to spin this off to a7 private owner.8
Well, I9 reserve opinion about whether to spin it10 off, whether to keep it, but I would like11 your considerable intellectual staff over12 there to probably weigh in on the13 interaction between what potentially14 could be the Governor's role within this15 utility in light of the Marcellus Shale.16 CITY CONTROLLER BUTKOVITZ:17 Well --18
Now, hear me19 out, hear me out.20 The potential for a hometown21 discount, whether we ferret gas up, and22 then because we are a prin -- we23 actually -- Philadelphia still is a part24 of the Commonwealth of Pennsylvania --25 19 3/30/11 COMM. OF THE WHOLE - BILL 1101371 and in some way, be able to get some type2 of discount or some type of help or3 relief from that debt to take that asset4 from being a negative and a burden and5 debt-ridden to at least being able to6 fend for itself in the private market so7 that it is an asset.8 We can't force them to do that,9 but if there was some type of extraction10 tax or some type of formula to assist11 this and other municipalities, because12 this is a considerable fine, it has13 considerable drawbacks by way of the14 environment potentially, but there is15 some economic value to finding that much16 gas underground for 200 million years.17 But what benefit, if any, is it18 to the City of Philadelphia? And it19 would seem as, though, you know, you have20 so many intellectual properties over21 there to help us out to figure that out.22 CITY CONTROLLER BUTKOVITZ:23 Well, I think you have really taken a24 leading role on that issue in25 20 3/30/11 COMM. OF THE WHOLE - BILL 1101371 Philadelphia, and I think you're singing2 to the choir.3 The problem is that Governor4 Corbett has been unequivocal. Even as5 many other Republicans in the legislature6 and even as the industry has a7 willingness to the tax, he made a8 campaign promise that he wasn't going to9 raise taxes, and doesn't matter what the10 details are.11 So I'm not sure -- I'd be happy12 if you could figure out a way that we can13 help you flesh out that argument, but it14 seems to me that this is just the15 first -- there's definitely been a change16 in the tenancy in the Governor's mansion,17 and this and the treatment of the18 Philadelphia schools and all of our19 relationship with Harrisburg are going to20 be on a downward trend for a while.21
I've lived22 long enough to a great Republican, George23 Bush, say, "Read my lips, no new taxes"24 and then raise taxes. So anything is25 21 3/30/11 COMM. OF THE WHOLE - BILL 1101371 possible.2 But what I would like us to do3 is be prepared that if in some4 eventuality, that the economy and the5 resources all collided at once, and they6 say, Okay, Well, what do you want? that7 we're prepared to at least make the ask.8 Even if the answer is no, to be able to9 make the ask.10 CITY CONTROLLER BUTKOVITZ:11 Okay.12
And I would13 ask that your department help us out with14 that analysis.15 CITY CONTROLLER BUTKOVITZ:16 Sure.17
Thank you,18 Madam Chair.19 COUNCIL PRESIDENT VERNA:20 You're welcome.21 The Chair recognizes Councilman22 Clarke.23
Thank you,24 Madam President.25 22 3/30/11 COMM. OF THE WHOLE - BILL 1101371 Good morning.2 CITY CONTROLLER BUTKOVITZ:3 Good morning, Councilman.4
First, I'd5 like to thank you and your staff for your6 hard work on the NTI audit and review.7 We're finally starting to spend money,8 and I think it's good for us to have9 $60 million available to help stimulate10 local development. So I just want to11 thank you for the good job you've done.12 I wish you had actually been on13 it from day one; you would have gotten it14 done a lot quicker.15 CITY CONTROLLER BUTKOVITZ:16 Well, also, I mean, you pushed this more17 than anybody. So I appreciate your work18 on this.19
Yeah.20 Well, we understand the importance of21 having that money available.22 Just real quick. You know, as23 I listened to your testimony, it24 continues to remind me of the broad array25 23 3/30/11 COMM. OF THE WHOLE - BILL 1101371 of activities you have in oversight as it2 relates to waste, corruption, things that3 aren't appropriate for City employees.4 In the last couple of years,5 given the expansion of the Mayor's Office6 as it relates to the Integrity Officer7 and the Inspector General, have you seen8 any overlap in responsibilities or duties9 or duplication of services or authority10 as it relates to your ability to do your11 job?12 CITY CONTROLLER BUTKOVITZ:13 Well, I mean, we're certainly -- there is14 so much work to be done in that area.15 We're certainly willing to divide the16 world and allow them to be involved in17 things that are -- not allow them, but be18 happy with them being involved in things19 that may be an individual case or not20 systemic.21 The area where I'm frustrated22 is that we can't get the Inspector23 General's Office to recognize our role in24 this and to help us in our role to bring25 24 3/30/11 COMM. OF THE WHOLE - BILL 1101371 about systemic change.2 So what happens repeatedly is3 that they will get involved in an4 investigation, they'll bring federal5 authorities in, then they're under this6 vow of silence, then they won't tell us7 anything about the case and then they8 won't tell us anything about the basic9 architecture of the problem so that we10 can try to develop a better system. And11 they just stiff-arm us on those requests12 for information.13 And the problem is that fraud14 is a -- it's a large-scale, prevalent15 kind of problem. The fact that you catch16 a perpetrator doesn't end the story; it17 probably teaches you a couple more tricks18 or a couple of gaps in the protections.19
Right.20 CITY CONTROLLER BUTKOVITZ: So21 we need to be able to mesh better on22 that.23 But we have routinely asked for24 the final results of everything they've25 25 3/30/11 COMM. OF THE WHOLE - BILL 1101371 done, and they simply haven't provided us2 with anything. So that is a problem.3 The second area would be to the4 extent it becomes a competition for5 funding. I mean, the thing that -- the6 forensic audit that's occurring in the7 Sheriff's Office is kind of precedent-8 setting; it's never been done in9 Philadelphia history. It's a half a10 million dollars to look for problems in11 accounting for over $50 million. It's12 been $700 million that have gone through13 those accounts in ten years.14 Now, you know for the15 expenditure of a half a million dollars,16 you're really going to be scratching the17 surface looking for the easiest or the18 lowest-hanging fruit. And yet, if you19 are not on that kind of problem on a20 constant basis, it's going to be popping21 out all over the place in city22 government.23 So that's a very good24 investment, and it's why we thank the25 26 3/30/11 COMM. OF THE WHOLE - BILL 1101371 Council and the Mayor for helping us on2 that.3 But once that -- even once that4 phase of the Sheriff's audit is over,5 that doesn't mean it's done even in that6 office, and it doesn't mean it's done in7 City government.8 And what happens between the9 Inspector General's Office and us is that10 they've identified a pool of money that11 is for that kind of review. And it's as12 if we're both pulling at it for our own13 priorities.14
Right.15 CITY CONTROLLER BUTKOVITZ: The16 pot of money for fraud investigations or17 for controls of that type is not growing.18 And you got to -- you have a $4 billion19 budget.20
If21 anything, it's shrinking.22 CITY CONTROLLER BUTKOVITZ:23 Right, right. I mean, as I've pointed24 out, we've lost auditors. And we're in25 27 3/30/11 COMM. OF THE WHOLE - BILL 1101371 the business of "gotcha" and trying to2 find this. And yet, we still have to3 show the people of Philadelphia that if4 everybody else is taking a cut, we're5 taking a cut. But in taking the cut,6 we're hurting our ability to catch that7 kind of activity.8 And so, the more people that9 you have wearing the title of the10 "anti-fraud director" wouldn't bother me11 at all if it didn't divide the money and12 the resources that are available for us.13
Right,14 okay. Thank you.15 CITY CONTROLLER BUTKOVITZ:16 Okay.17
Thank you,18 Madam President.19 COUNCIL PRESIDENT VERNA:20 You're welcome.21 The Chair recognizes22 Councilwoman Blackwell.23
Thank24 you, Madam President.25 28 3/30/11 COMM. OF THE WHOLE - BILL 1101371 Thank you, Controller and2 office, for all that you do. We3 obviously appreciated working with you on4 projects like divestment from the Sudan5 and others and your willingness to be6 involved in those issues.7 I only hope that as you look at8 the Fleet Management contract -- our old9 cars break all the time; consider that.10 I need my car, and if we don't have them11 to work all of the time, I don't know12 what we'd do. Obviously, I don't know13 the rest of it.14 But basically, we want to thank15 you for what you do.16 CITY CONTROLLER BUTKOVITZ:17 Thanks, Councilwoman. And thank you for18 what you do.19
Thank.20 CITY CONTROLLER BUTKOVITZ: I21 mean, you are one person who's always on22 duty for the poor and the people who23 don't have any voice in this city, and we24 appreciate that.25 29 3/30/11 COMM. OF THE WHOLE - BILL 1101371
Thank2 you.3 Thank you, Madam President.4 COUNCIL PRESIDENT VERNA:5 You're welcome.6 The Chair recognizes Councilman7 Greenlee.8
Thank9 you, Madam President.10 Good morning, everyone.11 Just real quickly. This is12 kind of a follow-up to what Councilman13 Clarke said. You kind of said this, but14 I guess it's more of an observation than15 a question.16 I mean, you are a Charter-17 mandated agency, correct?18 CITY CONTROLLER BUTKOVITZ: Yes.19
So I20 guess that it kind of makes sense that if21 there's a problem here, you should be not22 only in the loop but one of the -- sort23 of the leaders of it, if you will.24 CITY CONTROLLER BUTKOVITZ: I25 30 3/30/11 COMM. OF THE WHOLE - BILL 1101371 think so, yeah.2
And, you3 know, nothing against other agencies, but4 they are set up through the Mayor, and5 that's fine. But, I mean, you are6 Charter-mandated, so I would think, just7 to kind of back up what you said, it8 would seem that that's a key aspect here,9 that you should know that kind of10 information.11 CITY CONTROLLER BUTKOVITZ:12 Well, I would say, also, we're an elected13 position.14
Right,15 right.16 CITY CONTROLLER BUTKOVITZ: And17 also, if you look at it abstractly,18 there's kind of a conflict of interest19 between managing and auditing.20
Mm-hmm.21 CITY CONTROLLER BUTKOVITZ:22 Because I -- you know, one of the things23 that I said in a press conference about24 the Mayor a few months ago is that I25 31 3/30/11 COMM. OF THE WHOLE - BILL 1101371 think he deserves an A+ on these2 corruption and ethics issues.3
Right.4 CITY CONTROLLER BUTKOVITZ: He5 personally has really moved the dial on6 that. But when you talk about7 organization charts and institution, that8 changes.9
Right.10 CITY CONTROLLER BUTKOVITZ:11 Some day, he personally will not occupy12 that office.13
Right.14 CITY CONTROLLER BUTKOVITZ: And15 if you're looking at it as a separation-16 of-powers issue, you can't have -- you17 can't police your own management. You've18 got to choose whether you're doing19 management or whether you're doing20 auditing. And --21
And the22 Controller is elected to do that.23 CITY CONTROLLER BUTKOVITZ:24 Right.25 32 3/30/11 COMM. OF THE WHOLE - BILL 1101371
Right,2 okay. We agree. I thought we'd agree.3 CITY CONTROLLER BUTKOVITZ:4 Thank you.5
Thank8 you.9 The Chair recognizes Councilman10 Rizzo.11
Thank you,12 Madam Chair.13 Likewise, I want to thank you14 for you and your organization's good15 work. The reports that you provide are16 very, very helpful for me to understand17 what is going on, especially the18 executive summaries.19 So all I can say is that we20 appreciate all of your hard work, and I'm21 pleased to be able to support some22 additional funding for that good work.23 Thank you.24 CITY CONTROLLER BUTKOVITZ:25 33 3/30/11 COMM. OF THE WHOLE - BILL 1101371 Well, thank you, thanks.2
Thank you,3 Madam Chair.4 CITY CONTROLLER BUTKOVITZ: You5 know, if you'd like to give us an extra 26 to $500,000 --7 (Laughter.)8 CITY CONTROLLER BUTKOVITZ: --9 I'm sure it would be put to good work.10
It11 will be.12 Thank you for all of the13 wonderful work you do. We appreciate it.14 CITY CONTROLLER BUTKOVITZ:15 Thank you, Madam President.16
Thank17 you.18 MR. McPHERSON: The next19 department is the Register of Wills.20 (Witnesses come forward.)21
Good morning.24 Good morning, Council President and25 34 3/30/11 COMM. OF THE WHOLE - BILL 1101371 members of City Council.2
Good3 morning. Please identify yourself for4 the record and proceed with your5 testimony.6
Ronald R.7 Donatucci, the Register of Wills. And to8 my right is my Chief Deputy Ralph Wynder.9
And Anthony11 DeRose, my Finance Director.12 I submitted approximately a13 week ago or a week-and-a-half ago a14 three-page letter highlighting -- for15 time, maybe I could just highlight the16 issues, Council President.17 Basically, our request this18 year is the same as last year.19
22 In my letter, you'll see that23 again, once again, we will be turning in24 another profit back to the City. If I25 35 3/30/11 COMM. 2 For this fiscal year, we're3 projecting over a half a million-dollar4 profit, which part of that profit -- and5 which we're very proud of. Part of that6 is that we're going to be turning7 approximately back about $143,000 in Our8 Class 100, in our personnel, which we9 will not be utilizing. 11 And our revenue should be even12 higher this year, so keep our fingers13 crossed. 16 As I stated in past testimony17 in years prior, we're constantly being18 mandated to do additional duties. And19 when I first became Register of Wills a20 few years ago, approximately 31-and-a-21 half years ago, I seem to recall -- not22 recall, but it was -- I think we had in23 excess of 80 full-time employees. 25 36 3/30/11 COMM. OF THE WHOLE - BILL 1101371 And if you recall my prior2 testimony, one function that we took over3 alone in the number last number of years,4 approximately twenty-some years ago, was5 the inheritance tax collection, which was6 six full-time state employees. 14 We've spoken to the15 Councilman's office, we've spoken To the16 President Judge, you know, our17 safeguards, and I think we have it pretty18 well implemented in the sense of the19 computer program, which City Council was20 very helpful to help us fund, which I21 would like to point out, our program for22 computerization of our office -- and I've23 been led to -- I've been told by the24 Register of Wills Association that it's a25 37 3/30/11 COMM. 11 And I'd like to point out there12 was an -- one of the favorable articles13 not long ago, one of the few about14 this -- about our office was that we're15 one of the -- I think we're the --16 probably the only City -- I believe17 there's a few other. 20 And that's the spirit of21 cooperating in our office, Council22 President. 24 But instead of paying overtime, they'll25 38 3/30/11 COMM. 2 And there's no bitching or griping. They3 do it because we're the only office, I4 believe, in the five counties that has5 the Marriage License Bureau open on6 Wednesdays. 11 We have employees that go out in our12 speakers bureau sometimes at night. We13 just give 'em straight -- we match14 whatever hour it is, no time-and-a-half;15 it's hour-for-hour. 18 And I'm proud to say19 approximately -- I believe it was last20 year or the year before, when our budget21 was really difficult, we were, I believe,22 the only City office that wasn't asked,23 but every one of my employees gave a day24 of their pay back to the City. And they25 39 3/30/11 COMM. 5 And every so often, we get a shot, but6 they're good people in the office. And I7 just have to go out of my way to just8 acknowledge my employees. 12
And I13 will tell you that I have not heard one14 criticism about the Register of Wills15 Office. I understand that you and your16 employees go the extra mile to help17 people in need, and you're really to be18 commended for the excellent job that you19 do, and I applaud you for that.20
Thank you.21 COUNCIL PRESIDENT VERNA:22 Councilwoman Blackwell.23
Thank24 you, Madam Chair.25 40 3/30/11 COMM. OF THE WHOLE - BILL 1101371 I certainly echo your comments.2 I've never heard a complaint, and we get3 so many who come into the office for so4 many complaints and don't know what to do5 and didn't know their will to be6 probated. And forget marriage licenses.7 People who need their license to verify8 information for income, all kinds of9 things.10 And no problem's ever been too11 hard and no issue's never been too small12 and that your office hasn't done a great13 job. We thank you all and applaud you14 all for the excellent work that you do.15 PANEL MEMBERS: Thank you.16
Thank21 you, Madam President.22 I think this is the only group23 of people that come in every year, and we24 don't ask them questions; we tell them25 41 3/30/11 COMM. OF THE WHOLE - BILL 1101371 the good stuff you do.2
Now,3 see, if he were really smart, he would4 tell us about the amount of people he5 really needs to continue on with the good6 work.7
Yeah.9 But then be in trouble and we'd have to10 find the money for that, so he's being11 nice to us.12 I just was glad Mr. Donatucci13 mentioned the fraudulent conveyance, and14 I think that is very important. And he15 mentioned the -- you mentioned the16 cooperation that you -- you've talked to17 our office. You know, I know you've18 talked to other people.19 And a problem that vast, I20 think, is -- when everybody works21 together, that's how you get solutions.22 And this is just a little,23 minor jab: I wish another department24 would be as cooperative in that issue.25 42 3/30/11 COMM. OF THE WHOLE - BILL 1101371 But, again, we -- I also just2 want to thank you for everything you do.3 And as far as jabbing the4 press, we feel your pain; we get that5 every now and then.6
I just wanted10 to acknowledge the employees because I11 know the pain when you see different12 stories about eliminating the office, and13 I know how they step to the plate. I14 mean, really, it's just commendable.15 We don't have voice mail, we16 answer the phone by our first name. You17 know, we just try -- and, you know, I'm18 just so proud -- you know, I'm just very19 proud to have 'em, you know.20 And they take their job to21 heart. And some of them of are active in22 the evenings, doing other things, but23 they don't do it during the day other24 than being nice to people.25 43 3/30/11 COMM. OF THE WHOLE - BILL 1101371 And they understand, when2 somebody comes in the office, they're3 bereaved, and you just don't need4 somebody that's going to be nasty. And5 they understand because -- some of them6 understand 'cause a lot of 'em are7 involved in their own community, so they8 understand the importance of being nice9 to people.10
Thank11 you.12 The Chair recognizes Councilman13 Rizzo.14
You took the15 words right out of my mouth,16 Mr. Donatucci. I've sent a lot of people17 down not saying that Councilman Rizzo or18 another Council office sent them your19 way, but they come back up and say,20 "Thank you. They resolved my problem."21 And so, that's a good thing,22 and I want to thank you for that -- the23 compassionate part of what you do in24 understanding people's needs. Thanks.25 44 3/30/11 COMM. OF THE WHOLE - BILL 1101371 Thanks, Madam Chair.2
Thank3 you.4 Are there any other questions5 or comments from members of the6 committee?7 (No further questions.)8 COUNCIL PRESIDENT VERNA:9 Seeing none, I thank you. And continue10 to do the marvelous work you do.11
All17 right. We will now hear from the18 Sheriff's Office.19 (Witnesses come forward.)20
Good21 morning. Welcome. 25 45 3/30/11 COMM. OF THE WHOLE - BILL 1101371 My name is Barbara Deeley. 4 Council President Verna,5 members of the City Council Committee of6 the Whole, I am Barbara A. Deeley,7 Sheriff of the City and County of8 Philadelphia. 10 Much has happened in the eleven11 weeks since I took office as Sheriff of12 the City of Philadelphia. 24 Working with the Mayor's25 46 3/30/11 COMM. 6 On March 15th, we conducted our7 first Sheriff's sale without a hitch,8 working with the City's Department of9 Technology and the First Judicial10 District. 15 Today I am announcing the16 signing of a Sheriff's directive that17 applies the City's new ethics executive18 orders to Sheriff's Office employees not19 currently covered by them. While we are20 moving to form stronger alliances with21 the Mayor's Office and the City's Finance22 Department, let me make one point clear:23 The Sheriff is an independent24 elected office established in the25 47 3/30/11 COMM. OF THE WHOLE - BILL 1101371 Constitution of the Commonwealth of2 Pennsylvania and the Philadelphia Home3 Rule Charter. Since 1772, the citizens4 of Philadelphia have elected their5 sheriff. 22 While we intend to do more with23 less in many areas, this is one area24 where to do more requires more. Our25 48 3/30/11 COMM. 5 At present, we are approaching6 dangerously low levels of sheriff7 staffing in our courtrooms, while the8 number of facilities at which the9 Sheriff's Office provides security10 increased to seven. 13 The danger that unprotected14 courtrooms and their surroundings pose to15 the men and women who are at work and the16 citizens of Philadelphia is not17 hypothetically. 20 While we pride ourselves in the21 training and professionalism of our22 deputy sheriffs, we simply can no longer23 turn the other way as gaps in courtroom24 staffing continue to expand. I implore25 49 3/30/11 COMM. 6 Let me conclude by saying that7 I am honored to be the first woman to8 lead Philadelphia's Sheriff's Office. 19 To tell the story of a20 Sheriff's Office that has led the nation21 in showing compassion for victims of22 foreclosure, an office that continues to23 work with homeowners to educate and24 inform them on the ways to avoid25 50 3/30/11 COMM. 15
Thank16 you.17 Now, in your testimony, I see18 that you're asking for an increase in19 your budget of $2.8 million; is that20 correct?21 SHERIFF DEELEY: Yes, Council22 President.23
And24 is that to hire the 32 deputy sheriffs?25 51 3/30/11 COMM. OF THE WHOLE - BILL 1101371 SHERIFF DEELEY: Yes, Council2 President.3
Also,4 as I looked at your Operating Budget5 Summary, is most of the money that you're6 asking for also an additional, what is7 it, $1 million? Is that for overtime?8 SHERIFF DEELEY: There -- there9 is a transfer ordinance for Fiscal 2011,10 a transfer ordinance for a million11 dollars, yes, for overtime.12
So if13 you were to receive an increase so that14 you would be able to hire more deputies,15 would you need that type of money for16 overtime?17 SHERIFF DEELEY: Well, for this18 past year, I believe so, yes, although I19 have cut the overtime by a million20 dollars last year. But for 2012, no, we21 will not need the extra money for22 overtime.23
Very24 well.25 52 3/30/11 COMM. OF THE WHOLE - BILL 1101371 The Chair recognizes Councilman2 Jones.3
Thank you,4 Madam President.5 For the record, on television6 now -- and I hope Connie Little is7 looking -- I want to thank you for, even8 before you were a sheriff, always being9 responsive to not only my staff but to me10 in reference to constituents that run11 into problems.12 There has never been a time13 when you didn't get back to me --14 sometimes angrily, but you've always15 gotten back to me.16 And I wanted to say that on the17 record, in light of the fact that you18 came into this responsibility under a19 great deal of controversy and conviction20 and courage, I want to publicly thank you21 as a public servant for taking it on.22 It's tough work but someone has to do it.23 So I want to say that on the24 record.25 53 3/30/11 COMM. OF THE WHOLE - BILL 1101371 SHERIFF DEELEY: Thank you,2 Councilman.3 And I want to thank each and4 every Councilperson in here because from5 the day I did take office, every6 Councilperson was so very nice to me.7 And Councilwoman Blackwell and8 yourself, when I wanted to postpone the9 Sheriff sales, you were right there,10 fighting along with me.11 I really want to thank everyone12 here for being so helpful to me over13 these couple of months. They really14 have.15
Thank16 you.17 The Chair recognizes Councilman18 Rizzo.19
Thank you.20 Sheriff, I want to concur with21 what you said earlier. This week, I had22 an opportunity to be in one of our23 courtrooms with Judge Dembe, and it was24 reassuring. Even though it was not a25 54 3/30/11 COMM. OF THE WHOLE - BILL 1101371 criminal case, it was comforting to look2 around and see the presence of the deputy3 sheriffs and the professionalism and how4 they handle people coming in.5 And so, I think that presence6 in the courtroom is so very important,7 and people need to realize that one body8 isn't enough --9 SHERIFF DEELEY: No, it's not.10
-- to have11 in each courtroom. And you never know12 when something is going to occur, as you13 pointed out.14 So, again, just this week,15 personal experience of the need of having16 that staff there. Thanks.17 SHERIFF DEELEY: Thank you,18 Councilman.19
Thank20 you.21 The Chair recognizes22 Councilwoman Blackwell.23
Thank24 you, Madam President.25 55 3/30/11 COMM. OF THE WHOLE - BILL 1101371 I want to echo the comments of2 my colleagues with regard to our sheriff3 and her always getting back to you and4 all that her department has done.5 I don't pretend that I6 understand what parts the court plays7 with the Sheriff's Office until December,8 but I guess -- i guess we'll let that go9 since it still has existed and the fact10 that we have no real role in that, so I11 guess there isn't too much we can do12 about that, I suppose, at this point.13 But suffice it to say thank14 you, and thank you for willingness to15 take care of the issues that I mentioned16 today and for still advertising in17 neighborhood papers as well.18 Thank you.19 SHERIFF DEELEY: Thank you.20
Thank21 you.22 The Chair recognizes Councilman23 Greenlee.24
Thank25 56 3/30/11 COMM. OF THE WHOLE - BILL 1101371 you, Madam President.2 Ms. Deeley, I echo what every3 other Councilmember said about the4 service you've provided certainly over5 these past few months.6 As far as the 32 deputy7 sheriffs, now, are you talking about -- I8 shouldn't say "just," but is that9 primarily courtroom supervision? I10 know -- now, they also deal with11 transportation of prisoners too.12 SHERIFF DEELEY: Yes. That's13 everything, yes.14
Okay,15 that's everything, okay.16 SHERIFF DEELEY: Yes.17
Now,18 because of this cutback, have you -- has19 that affected the transportation issue?20 SHERIFF DEELEY: No.21
I guess22 you have to keep people doing that,23 right?24 SHERIFF DEELEY: No, it has25 57 3/30/11 COMM. OF THE WHOLE - BILL 1101371 not.2
All3 right, okay. And you say the number of4 facilities which the Sheriff's Office5 provides security has increased to seven.6 I mean, you don't have to run 'em off7 right now, but can you just tell us --8 SHERIFF DEELEY: No problem.9
Okay.10 SHERIFF DEELEY: Well, of11 course, the Criminal Justice Center.12
Okay.20 SHERIFF DEELEY: Administrative21 Adjudication, which is the branch of the22 Parking Authority.23
Mm-hmm.24 SHERIFF DEELEY: City Hall and25 58 3/30/11 COMM. OF THE WHOLE - BILL 1101371 Community Court.2
Okay. So3 I would guess at least Administrative4 Adjudication and Community Court's been5 one of those increases that you've had6 over the more recent years.7 SHERIFF DEELEY: More recently8 the Parking Authority was the most9 recent.10
Okay,11 thank you.12 SHERIFF DEELEY: Oh, by the13 way, Councilman, happy birthday.14
Thank you,19 Madam President.20 We did the round of niceties21 'cause we -- they were sincere, but let22 me ask you this question.23
(Inaudible;24 off-mic.)25 59 3/30/11 COMM. OF THE WHOLE - BILL 1101371
Oh, you're2 not done? Well, I'm going to let you go3 ahead first, and you can do that.4
Just5 quickly, Madam President.6 COUNCIL PRESIDENT VERNA:7 Councilman Kenney.8
Thank you.9 Thank you, Councilman Jones,10 for allowing me to say some nice things11 about the Sheriff.12 I mean, I think it's important,13 Madam President, that every now and then14 we have a love fest in here occasionally15 instead of what we're generally doing,16 but today seems to be a love fest day.17 So you know how I feel about18 you and the job you're doing and the19 relationship we've had all these years.20 And I just want to say one21 thing about elected office. There's been22 this kind of drumbeat by folks who want23 to see the elections taken away from the24 public and put into someone's appointed25 60 3/30/11 COMM. OF THE WHOLE - BILL 1101371 hands. We could argue the efficacy of2 that one way or the other.3 But despite how difficult4 elections can be, it is a true test of5 the public's will. And usually, people6 who are complaining about elections and7 are wanting to get rid of elected8 officers are folks that either don't live9 in the City or couldn't get elected10 themselves to anything.11 So, you know, I am an elected12 person as you are -- as we are -- you're13 still in that role for the next person14 who's going to be elected. But I think15 that the will of the people really should16 weigh in on these issues and not just17 someone's opinion who drives in from18 Montgomery County every day to tell us19 how we should run our government.20 So thanks for all your hard21 work, and I wish you were staying22 forever, but...23 SHERIFF DEELEY: Thank you,24 Councilman.25 61 3/30/11 COMM. OF THE WHOLE - BILL 1101371
There's a5 warm feeling in this chamber that I don't6 often feel.7 But let me ask you this: Is8 there -- and without impeding upon any9 investigations or anything that10 internally is proprietary to the office,11 it's my understanding that there may --12 is there -- are there lawsuits developing13 about the process?14 And it was my understanding15 that there was an increased amount of16 legal exposures, lawsuits, plaintiffs17 that lost properties and weren't18 receiving money differentials owed to the19 bank or people find it, and then a20 discrepancy on how much was owed to them.21 Is that something that the22 Sheriff's Office, under your interim23 control, is experiencing?24 SHERIFF DEELEY: One lawsuit.25 62 3/30/11 COMM. OF THE WHOLE - BILL 1101371
All right.7 And that's not a class action or anything8 like that?9 SHERIFF DEELEY: Yes, it is.10
It is?11 Okay, all right. So one lawsuit being a12 class action.13 So can you, for the record,14 tell us what's going on with that?15 SHERIFF DEELEY: Well --16
Without17 jeopardizing anything?18 And who's the --19 SHERIFF DEELEY: It was just20 filed.21
And who's22 the handsome gentleman back there?23 SHERIFF DEELEY: Okay. I'll24 introduce him.25 63 3/30/11 COMM. OF THE WHOLE - BILL 1101371
He should2 come to the mic. He's been in this3 chamber before.4 SHERIFF DEELEY: I'm sure5 everyone knows Joseph Vignola, who is my6 Chief Deputy of Finance and7 Accountability for the Sheriff's Office.8 And also, he's a lawyer so he tells me9 what I can say and what I can't say10 legally, legally.11 Okay. So, okay, Joe, would you12 mind answering that?13
Madam Chairwoman,15 a lawsuit was filed recently; they have16 to get class action status. And it deals17 with the distribution of excess funds to,18 you know, to the defendants.19 Right now, that's -- you know,20 that's -- you know, that's all we know.21 It's been referred to the Law Department22 who is representing us in-house, and we23 will be guided by the recommendations of24 the Law Department in that matter.25 64 3/30/11 COMM. OF THE WHOLE - BILL 1101371
Again, this2 is a difficult time. It precedes you, I3 got it, I understood all of that.4 But as a fellow government5 entity, we're concerned about that6 because, you know, we get calls to our7 office about that kind of concern. And8 it came to our office that they are, in9 fact, a part of a lawsuit because of10 differentials and what they believe to be11 compensated to them after sale.12 And so, I just wanted to kind13 of get a sense of that. And the14 resolution of it will obviously be in the15 courts?16
Well, we -- Madam17 Chairwoman, we hope not that it will be18 in the courts. We hope that we will be19 able to, you know, resolve it.20 What the Sheriff has been doing21 in the three months that she's been there22 roughly is to get a lot of deeds filed,23 get a lot of distribution policies up.24 But, again, the nature of25 65 3/30/11 COMM. OF THE WHOLE - BILL 1101371 ensuring that the proper defendant is2 getting the proper amount has been3 difficult, and Sheriff Deeley is4 beginning the process of putting in, and5 has in put in, the necessary internal6 controls to ensure the integrity of the7 process so that the wrong person isn't8 paid or the wrong amount is not paid to9 the proper person. And both are10 unacceptable to the Sheriff.11 SHERIFF DEELEY: But if I may12 tell you something, Councilman, there13 are -- I guess there are some people out14 there who prey on these homeowners,15 previous homeowners, who have lost their16 home at sheriff's sale and possibly have17 money coming to them.18 And they prey on them and say,19 Well, look, we could get you that money20 back; just sign over to us the power-of-21 attorney, and we'll -- and then they22 charge them an astronomical fee.23 But they don't have to do that.24 They could call our office, and we have a25 66 3/30/11 COMM. OF THE WHOLE - BILL 1101371 unit that deals specifically for that.2 But they do a thorough3 investigation to make sure it's, if I4 may, "Curtis Jones" who has that money5 coming to Curtis Johnson and make sure6 that it is you.7 And there's no fee for that.8 Where these other entities, they actually9 charge these people a fee.10
So they've11 made a cottage industry out of this12 misery.13 SHERIFF DEELEY: Yeah. I call14 them "bounty hunters."15
Thank18 you.19 Are there any other questions20 for the witness?21 (No further questions.)22 COUNCIL PRESIDENT VERNA:23 Seeing no one, thank you very much.24 SHERIFF DEELEY: Thank you,25 67 3/30/11 COMM. OF THE WHOLE - BILL 1101371 Madam President. And I wish you lots of2 luck and God bless you.3
Thank4 you. Same to you, dear.5 We will stand in recess until6 12 noon. Thank you.7 (Short break taken.)8 (Proceedings resume.)9
Good10 afternoon. This is a continued public11 hearing of the Committee of the Whole.12 We will now hear from the Human13 Relations Commission.14 (Witnesses come forward.)15
Good16 afternoon. Welcome. Please identify17 yourself for the record.18
Thank you. Good19 afternoon, Council President Verna.20 Do you want to go first?21 MS. DeSHIELDS: Good afternoon.22 I'm Angela DeShields.23
And my name is Kay Yu.24 I chair the Commission.25 68 3/30/11 COMM. OF THE WHOLE - BILL 1101371 COUNCIL PRESIDENT VERNA:2 Welcome.3
4 And good afternoon, Council5 President Verna and members of City6 Council. 15 In particular, the Commission16 enforces the Philadelphia Fair Practices17 Ordinance, Chapter 9-1100 of the18 Philadelphia Code, which prohibits19 discrimination in employment, housing,20 use of public accommodations, and the21 delivery of City services. 25 69 3/30/11 COMM. OF THE WHOLE - BILL 1101371 Through our Compliance2 Division, the Commission investigates3 claims of unlawful discrimination. 16 Finally, the PCHR staffs the17 Fair Housing Commission, which is charged18 with enforcing the Fair Housing19 ordinance, Chapter 9-800 of the20 Philadelphia Code. 24 The Commission has the power to25 70 3/30/11 COMM. 20 Like many other agencies, we21 have received budget cuts during the22 recession. In July 2010, our Class 10023 was reduced by $80,691, causing us to lay24 off one staff member. In addition, Class25 71 3/30/11 COMM. 8 The Commission's Chair, Kay Yu,9 plays an integral role in the operation10 of the Commission and, due to the fiscal11 crisis, she had to forego her salary for12 her first two years as Chair. 15 Even with our small staff, we16 have continued to work efficiently and17 effectively. We have focused on18 streamlining our work to maximize our19 capacity. 21 Between January and November of22 2010, the PCHR held a series of public23 hearings on intergroup conflict and24 school violence. The goal was to hear25 72 3/30/11 COMM. 6 This month, we issued a7 comprehensive report detailing our8 findings and recommendations to the9 School District. The report has been10 very well received by community-based11 organizations, individual experts on12 school violence, and the School District13 itself. 17 We are continuing our outreach18 efforts with this report, speaking to19 student groups as well as advocacy and20 community-based organizations, holding21 one-on-one conversations with school22 principals, and using our translated23 versions of the report to meet with24 parents and students in some of25 73 3/30/11 COMM. 14 The new law increases the fines15 and penalties for violations of the16 ordinance to the maximum of $2,000 per17 violation. 25 74 3/30/11 COMM. 7 In FY '10, we received $108,0508 from that contract. So far, in FY '11,9 we have received $223,600, which includes10 back payments of $117,700 from 2007,11 $9,900 from 2008, and $1400 for travel12 reimbursement for that year. 15 In addition, we are also16 continuing to seek a work-sharing17 contract with HUD to receive18 reimbursement for the housing19 discrimination cases we investigate. 24 Until now, our fair practices25 75 3/30/11 COMM. 13 I believe these major14 initiatives demonstrate that the15 Commission is quickly moving in the right16 direction. 23 Employees in our Community Relations24 Division have taken on larger territories25 76 3/30/11 COMM. OF THE WHOLE - BILL 1101371 in response to the layoff of a2 staffperson in that division. Overall3 the CRD's caseload has continued to4 remain steady but with increased5 individual caseloads6 Moreover, we continue to hold7 monthly meetings of our interagency Civil8 Rights Task Force that brings together9 local, state, and federal law enforcement10 agencies, city departments, and11 community-based organizations that work12 on the prevention of intergroup tension13 and bias and hate crimes. 23 In Compliance, in FY '11, we24 instituted a new case closing and case25 77 3/30/11 COMM. OF THE WHOLE - BILL 1101371 prioritization system that will allow us2 to close even more cases. 11 Finally, the Fair Housing12 Commission has introduced new forms and13 modified hearing procedures to increase14 efficiencies. 18 That concludes my budget19 testimony. 22 And should any of you wish to23 discuss any of these matters further, my24 staff and I would be happy to meet with25 78 3/30/11 COMM. 2
Thank3 you very much.4 Miss Yu, nice seeing you. Did5 I understand the testimony that you6 worked for two years without any7 compensation?8
I did hold the9 position as Chairperson of the Commission10 for two years, since March of 2009. And11 during that period of time, I -- that's12 correct, I have not -- I have not13 received that salary during that period14 of time.15
Well,16 my dear, I want to congratulate you.17 (Council President Verna hugs18 Ms. Yu.)19 There aren't too many people20 that would do that. You're on a real21 mission. Thank you.22
No, I'm23 not following suit.24 (Laughter.)25 79 3/30/11 COMM. OF THE WHOLE - BILL 1101371
Okay.2 The Chair recognizes Councilman Greenlee.3
Thank4 you, Madam President.5 And I didn't know about that --6 about you, Kay, either. So, again, thank7 you for your service. And thanks to all8 of the folks -- to Rue and everybody --9 in the Human Relations Commission for all10 do you.11 And in keeping in the spirit of12 today where we say good things about13 everybody here, I first want to14 congratulate you on the report on -- on15 the work you did on school violence.16 That is actually a report I actually17 read.18 I can't say I read everything19 that comes to us, but you really made20 some great suggestions there, and it21 showed that you were extremely thorough22 in all that you did.23 And, obviously, on the fair24 practices law, which I was happy to work25 80 3/30/11 COMM. OF THE WHOLE - BILL 1101371 with you on, that was a painstakingly2 long process maybe, but I think, in the3 end, it came out right, and I think it's4 to the Beth of everybody.5 Just one question. On your --6 you talk about the bias incidents, hate7 crimes, that kind of thing. How much of8 that has been involving recent immigrants9 to the City? And is there one particular10 group of immigrants that seem to have had11 particularly problems in this area?12
First of all, I13 want to speak very highly of the Victim14 Services Unit at the Police Department.15 We work very closely with Captain Blum16 and his team. They're a relatively new17 crew who are dealing with all of the bias18 incidents and hate crimes.19 And they're keeping stats of20 bias incidents to make sure they're21 looking at trends, things that don't rise22 to the actual level of crimes, but23 they're trying to follow trends that are24 happening in the City.25 81 3/30/11 COMM. OF THE WHOLE - BILL 1101371 They're also reaching out to2 all of the detective divisions in the3 City to make sure that the crimes that4 should be reported as hate crimes are5 getting reported to them. And it's --6 their work is really proving to be7 effective.8 It's unclear what's getting9 reported and what's not. We hear a lot10 stories from community-based11 organizations who are dealing with the12 immigrant groups about things that are13 happening. And then we hear of more14 official things that are coming through15 the Police Department.16 There is definitely some17 concerns of some things that are18 happening in the Mexican community, the19 new immigrants. And there are certain20 other new Asian immigrants as well who21 are -- who have reported things, again,22 usually through a community-based23 organization, or often, they reach out to24 the organization that helped to settle25 82 3/30/11 COMM. OF THE WHOLE - BILL 1101371 them here.2
Okay.3 And I guess you raise a good point: Just4 getting people to report it is5 oftentimes, I guess, an issue, right?6 'Cause maybe -- particularly more recent7 immigrants are maybe more reluctant to8 deal with the government for whatever9 reason -- maybe because of where they10 came from or whatever.11
You're right.12 There absolutely is a fear of reporting.13 And I think that, you know, the Police14 Department is doing outreach on this.15
And I think17 Everett Gillison works on this very well18 too, to make sure that people are19 stepping forward, particularly victims20 and witnesses of crimes. It's really21 important that the Police Department22 knows what's going on.23
But there is a25 83 3/30/11 COMM. OF THE WHOLE - BILL 1101371 level of trust that they have to build.2
And they're4 working on it and all of us are working5 on it.6 Our Community Relations7 Division works very closely with all of8 the police districts -- the group is9 split up by police districts -- and10 really helps to broker that relationship11 between the new-immigrant communities and12 the Police Department.13
That's14 great, that's great. Well, again, thanks15 for all you do.16 Thank you, Madam President.17
Thank18 you.19 The Chair recognizes Councilman20 Jones.21
Thank you,22 Madam President.23 This is a lot of love today.24 We've been giving out hugs and accolades.25 84 3/30/11 COMM. OF THE WHOLE - BILL 1101371 I don't know what's going on. It must be2 an election year or something.3 (Laughter.)4
I also want5 to join in the chorus and thank you for6 what you do under difficult7 circumstances. And for you to forego two8 years of salary is a dangerous precedent9 that we may get asked in Council to do by10 your example, but we are truly thankful11 that you have done that.12 The question I would have is,13 you have three major divisions. If you14 were to break down your caseload, how15 many in each division? Is there one16 that's more busy than others? I mean,17 which ones gives you --18
They all do19 completely different work, so you can't20 measure the amount of cases they have --21
-- versus the type24 of work they have. And also, you also25 85 3/30/11 COMM. OF THE WHOLE - BILL 1101371 can't measure the number of cases they2 have to the difficulty of that case.3 We've resolved, you know,4 intergroup community tension that can5 take a year to resolve, and it's one6 case, with the staff member also having7 the rest of his or her caseload on the8 side.9 The same with our Compliance10 Division and our discrimination cases.11 But we have held pretty steady12 over the years. They have pretty high13 caseloads, and, you know, we just get14 through 'em as quickly as possible.15
Under your16 case-closing system, the new one, can you17 describe how you're doing that?18
There is a couple23 of things.24 One, we've changed the form --25 86 3/30/11 COMM. OF THE WHOLE - BILL 1101371 the actual format that we use in order2 to -- after you investigate a case of3 discrimination, the staff writes up a4 case closing, and those case closings go5 in front of the Commissioners to approve6 or reject the staff's recommendations for7 the case closing.8 In the past, we've written a9 lot. Even when the case would be, you10 know, administratively closed, for11 example, maybe the complainant decided to12 take her case to federal court, we wrote13 very long case closings.14 We now have a new format -- I15 finally have a lawyer on staff, which is16 just wonderful, and she's created just17 forms and systems that are remarkable.18 We have a new case-closing19 format that's actually far closer to20 making it much more concise. It's a21 summary, much more of a summary, and it's22 very clear in questions of the law that23 are answered for our case closings.24
Are your25 87 3/30/11 COMM. OF THE WHOLE - BILL 1101371 cases synonymous on the same time line as2 the federal?3
Or is it8 graduated -- they start with you and then9 go there?10
So long as it's a11 basis that's covered in the -- through12 our law and the federal law. So, for13 example, race is covered by both laws.14 Sexual orientation is not covered by both15 laws.16 If you come in and you want to17 file on -- and one of your bases can be18 filed with the feds as well, when you19 file with us, you are automatically20 dual-filing with the EEOC.21 The EEOC has such a backlog;22 they have actually have a holding tank23 for their cases, that they wait months24 before they can even hand it to an25 88 3/30/11 COMM. OF THE WHOLE - BILL 1101371 investigator.2 You get much quicker, and3 faster more efficient service if they4 file with us. And, in fact, if you go to5 the EEOC and you're from Philadelphia,6 they usually -- they're only up at Eighth7 and Market. They say walk down the8 street and go to the PCHR.9
Well, that's10 good to know that we're first at11 something, and we want to put that on the12 record.13 We have invited you to14 participate in the Aging in a New Age15 Summit dealing with the whole paradigm of16 people getting grayer or older.17
What I would19 ask you is, are there any cases of20 discrimination based on age that you see?21 And is it in housing or employment or22 what?23
We've gotten -24 have employment cases on aging -- based25 89 3/30/11 COMM. OF THE WHOLE - BILL 1101371 on age.2 Our numbers didn't increase as3 much as the Pennsylvania Commission's did4 in the past year. We think that was the5 fear for the recession. As soon as the6 financial crisis is hitting, people7 expected a lot of age claims.8 The Pennsylvania Commission got9 a very large increase in cases, and ours10 styed relatively steady.11
So if I were12 to stereotype why they happen, is it13 because the more mature employee has been14 there, a longer tenure, and commands a15 higher salary, and the corporate decision16 to downsize is one where you get a newer17 employee at a lower rate?18
There's various19 reasons -- yeah, we see all sorts of20 cases, and that is definitely a scenario21 we've seen in the past for our age cases.22 But, again, we didn't have as23 high an increase in those cases as the24 Pennsylvania Commission did.25 90 3/30/11 COMM. OF THE WHOLE - BILL 1101371
Well, we2 would hope you and the Commission be a3 part of that Aging in a New Age --4
-- and will6 give us the best of your thinking.7 One of the outcomes of this8 daylong conference will be to set a9 legislative agenda at the local level,10 state level, and federal level from the11 findings and trends that we may ferret12 out from this conference.13 So if you're seeing something,14 we need to know about it. And if it's a15 pattern that can be addressed16 legislatively, we'd like to do that.17
Absolutely.18 That's on my calendar, and I will look19 into all of our cases before I get there.20
All of these21 questions was to get you to confirm it on22 the record.23
And you've got my24 commitment.25 91 3/30/11 COMM. OF THE WHOLE - BILL 1101371
Thank you,2 Madam Chair.3 COUNCIL PRESIDENT VERNA:4 You're welcome.5 Are there any other questions6 or comments from the committee?7 (No further questions.)8 COUNCIL PRESIDENT VERNA:9 Seeing none, I thank you for your10 patience; you waited quite a while. And11 I do want to applaud you for all the12 wonderful work you do.13 Thank you again.14
This17 committee will stand in recess until18 Monday, April the 4th, at 10 a.m.19 Thank you all very much.20 (Proceedings end at 12:35 p.m.)21 * * *22 23 24 25 92 C E R T I F I C A T E2 I HEREBY CERTIFY that the4 proceedings of the City of Philadelphia5 Council Committee of the Whole are contained6 fully and accurately in the stenographic notes7 taken by me on Wednesday, March 30, 2011, and8 that this is a true and correct statement of9 same.10 11 12 13 _________________________________ 14 JOSEPHINE CARDILLO Registered Professional Reporter15 (The foregoing certification of21 this transcript does not apply to any22 reproduction of the same by any means, unless23 under the direct control and/or supervision of24 the certifying reporter.)25