Thank you. 243 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 I appreciate that. So we could save potentially $2.8 million plus the fringe on that $2.8 million?
The 2.8 million -- and Debra will correct me -- I believe is all -- MS. McCULLOUGH: It's all contracted out. The 2.8 million of General Fund goes to --
Okay. MS. McCULLOUGH: 2.4 goes to the Pennsylvania Horticultural Society to carry out our vacant land management program. 350,000 supports our Settlement Assistance Program. And 50,000 goes to Philadelphia VIP for what we call the Tangled Title Program, which is a program to assist people who do not have clear title to their properties to secure that title.
Okay. So essentially, consolidating these agencies 244 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 will bring us more dollars to put to work in housing and community development but not necessarily save us money in the General Fund.
It would seem to make sense. I mean, I think the duplication that you've mentioned is certainly something that bears some analysis and some review.
Thank you. Bear with me one second. I got ahead of myself. OHCD's budget detail indicates several General Fund-paid positions, including a word-processing specialist. (Councilman Greenlee confers off the record with staff member.) Oh, I'm told that's 245 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 grants-funded. I'm sorry. Of the programs that were just mentioned and the money that's coming out of the General Fund, would it be possible -- is there any grant funding within the entire Housing and Community Development grant funding that could be used to offset those General Fund dollars? In other words, tree-planting in commercial districts as part of some grant funding or -- MS. McCULLOUGH: In the case of two of the programs, the Settlement Assistance Program and the Tangled Title Program, we are funding those programs with the General Fund because the restrictions around Community Development Block Grant Funds and some of the federal requirements make it nearly impossible to carry out those programs using federal funds. So that's why, in the case of those two in particular, we chose to charge those to the General Fund. In the case of the Vacant Land 246 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 Management Program, the 2.4 million for PHS, that is an eligible activity under -- not all of it is. A portion of it is an eligible activity under the Community Development Block Grant regulations, and some part of that program could be carried out with Community Development Block Grant Funds, but not all of it. Again, one of the reasons why we're choosing to charge that program to the General Fund is because the General Fund doesn't have some of the same eligibility requirements that our Community Development Block Grant Funds have.
Well, I think -- I appreciate that. So creating efficiencies may free up other funds for at least that portion of the budget, some portion of $2.4 million -- MS. McCULLOUGH: It could.
-- could go to PHS. 247 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 MS. McCULLOUGH: It could.
It could, okay. So, you know, at a time when we're scraping together pennies really, trying to find additional resources in efficiencies in government, I think maybe we ought to look at that. I thank you for your testimony.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Good afternoon. MS. McCULLOUGH: Good afternoon, Councilman.
If you and the Administration decides to do a reorganization, please give us fair warning, because the last time you attempted that, it was pure bedlam both in City Hall and at 1234 Market. So -- 248 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 and I'm assuming that the units representing those employees would also like to have fair warning. So please let us know if you're going to consider that. You reference in your responses to Councilman Green about the contracts that you have as it relates to the General Fund. What contracts do you have? And I hope this is the appropriate time to ask you these questions, 'cause I understand this is about your Operating Budget and not the Comp. Grant, and tell me if this is inappropriate to answer those questions. But with the Community Development Block Grant dollars, do you have contracts with other agencies or entities as a result of those dollars? MS. McCULLOUGH: I'm sorry, I don't understand. Do we have contracts --
With other agencies. MS. McCULLOUGH: -- that are 249 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 General Fund-supported.
That are Comp. Grant dollars. MS. McCULLOUGH: In the case of the Pennsylvania Horticultural Society, it has a contract that is funded with Community Development Block Grant Funds to carry out one set of activities; that's basically the Philadelphia Green Program. And then we have a separate contract funded with the General Fund dollars that carries out the Vacant Land Management Program.
All right. How do we let those contracts? Is there requests for proposals or -- MS. McCULLOUGH: We include PHS in the Consolidated Plan, and that's how PHS is selected to carry out those programs. Then PHS, in turn -- well, actually, we, OHCD, issue an RFP for a --
Well, I want to know, is there an RFP process for 250 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 the contract that PHS has? MS. McCULLOUGH: No, there is not an RFP for that.
And beyond the fact that they have developed an expertise in that, is there a reason why we choose to continue on an annual basis just to renew the contract? MS. McCULLOUGH: It's basically because they -- as you just said, they have the expertise in carrying out the Philadelphia Green Programs that are programs of PHS and expertise in carrying out vacant land management.
Do we know if there are any other entities that could potentially, if not all, a portion provide those services that are currently provided by PHS? MS. McCULLOUGH: I don't know of another entity.
If we put out a solicitation, do you think we could conceivably get a response on somewhat, 251 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 if not all, a portion of that -- MS. McCULLOUGH: Um --
I guess what I'm saying is that -- and I -- frankly speaking, I -- you know, PHS does great work. I just wondered over the years why we never give anybody another shot at that contract. MS. McCULLOUGH: Fundamentally because that's the entity that has carried out the program, that we've developed the Vacant Land Management Program with PHS, and then PHS carries it out by, in turn, contracting with others that do the actual cleaning.
I understand that. I'm asking you about the PHS. MS. McCULLOUGH: Right.
I just -- you know, I mean, I understand that we give it to 'em because we've always given it to 'em. But I just -- you know, a 252 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 lot -- most everything else we do around here is to RFP some things, and, frankly speaking, I don't think they need to be RFP'd, but that seems to be the climate of the Administration, and I wonder why there's no thought. I mean, I know a number of people who do work land management, landscaping, the whole nine yards, in the private sector, and I was just wondering that if we put it out there, that there might be this opportunity if we would get some other entities involved and at a minimum responding to some bid solicitations. MS. McCULLOUGH: I don't know if we would get other entities involved. I mean, PHS is a nonprofit, of course. And so, under the Community Development Block Grant regulations because we have it in our Consolidated Plan --
I understand. MS. McCULLOUGH: -- and lists 253 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 that, then it meets those --
I understand what you put in the consolidated plan, but you -- MS. McCULLOUGH: I understand your questioning, could we put out an RFP? I mean I --
That's just a decision that we have to do. MS. McCULLOUGH: Yes.
All right. I won't belabor that. Do you have any other contracts with other agencies, be it quasi- government or straight government or private-sector? MS. McCULLOUGH: Any other contracts General Fund or just in general? Or anything?
Either. MS. McCULLOUGH: Well, we have 254 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 contracts with the Redevelopment Authority, we have contracts with the Philadelphia Housing Corporation, we have contract with the Energy Coordinating Agency (ECA), we have contracts with the Utility Emergency Services Fund (UESF). We have a range of contracts and a whole set of housing counseling agencies that are -- all of these would be presented when we present the Consolidated Plan list of agencies that we intend to contract with to carry out the services of the Consolidated Plan.
Okay. The entities, particularly the PHDC and the Redevelopment Authority, which are essentially quasi-government to some degree; one, because it has government representatives on its boards; and the other, because it's a state-created agency. With respects to the contractual relationship that we have with those agencies, do we have the 255 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 ability to set parameters on how they function? And I guess my question is, there are certain -- and I'll focus on the Redevelopment Authority since we had a earlier conversation with them. There are certain state statutes that give powers and jurisdiction to the Redevelopment Authority, and my question is: Does your contract with them prohibit certain requirements of them? And I'll cut straight to the chase. There is this issue about land disposition, acquisition, and some of the activities at the Redevelopment Authority. Councilmembers have expressed some concerns privately, publicly, and today, in today's hearing. If OHCD, which is a part of the Administration -- i.e., government -- says that if you're going to enter a contract with the Office of Housing and Community Development, we would like to see you do the following things as it 256 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 relates to the operation, do you have the jurisdiction to do that? MS. McCULLOUGH: Yes.
So to get even further detailed in my cutting to the chase, if the Redevelopment Authority decides to dispose of a significant number of properties that they have heretofore defaulted, therefore not requiring that any disposition come back to Council, if OHCD in this Comp. Grant year has a contractual relationship with the Redevelopment Authority and says all of the properties that are currently under the inventory, which most of those have been acquired either through NTI funds or through Block Grant Funds, say that the disposition of those properties shall be established in the following way, either by resolution, like we do with VPRC, or should be disposed of through Council, so there is a clear and transparent disposition process, do you think that OHCD has the ability to 257 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 require that? MS. McCULLOUGH: Insofar as the properties that you mentioned were acquired with funding that was provided through OHCD?
Correct. MS. McCULLOUGH: Yes. If it was funding that the Redevelopment Authority had separately, that was not, if you will, a part of our contract, we would not.
But any property that has been acquired in prior years that was purchased with dollars from the Block Grant OHCD, you believe that you have the authority to require that they dispose of them in a certain way? MS. McCULLOUGH: Yes. It would be a part of the contact negotiations, yes.
Okay. All right. Thank you. I'm done. Thank you. 258 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117
These contracts -- for example, land management -- what is your oversight to assure that what they're contracted to do is actually occurring? What is your physical oversight of their land management program or these other jumbo contracts that we're hearing about today? How does your office manage those? Are they just on their own to do what they think they have to do? MS. McCULLOUGH: No. In the case of the Vacant Land Management Program, we work with PHS to identify the lots that are to be cleaned or stabilized or greened or whatever activities going to engage in them so that we work with PHS. Essentially, we tell them which lots to clean, and then PHS holds a set of contracts with other landscapers or 259 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 community-based organizations to actually do the cleaning. An example is, they have a contract with Ready, Willing and Able, who cleans X-number of lots. So PHS is responsible for that contract with Ready, Willing and Able, which I'm just using that as an a example, and make sure that they clean it. We have contract monitors that check and make sure that if they said they cleaned the lot -- I mean, it's a spot check to make sure that they did the work. And we receive all of the -- in order to make a payment, PHS has to document that the work was done, that they paid the contractor, and then they seek reimbursement. All of our work is done on a reimbursement basis. So PHS has to make the payment and then get reimbursed through the City.
So then what my colleague said about drawing in other 260 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 contractors, there's an opportunity for them to be subcontractors to that contractor? MS. McCULLOUGH: There would be opportunities. In fact, we just did -- there was just a request for proposal issued just six weeks ago or so for participants in that program in the -- there are two programs. It's called -- Community Land Care is one of them, and the other one is the maintenance and stabilization. So we issued an RFP and contractors -- mostly landscapers, landscape firms, and other firms bid on the work. And then they will hold -- but the contract would be between that entity and PHS.
But the bottom line is that they're getting some work -- MS. McCULLOUGH: Yes.
-- in this public-sector money. 261 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 MS. McCULLOUGH: Yes.
What I would like you to submit is an example of one of these monitor's reports; I would like to see what the monitoring process of that work is. Is there a report that one of these monitors that work for you, I would assume? MS. McCULLOUGH: Yes, mm-hmm.
So if you could provide one of those to the Chair just as an example of how the monitoring of that contract works? MS. McCULLOUGH: Yes. I'd be happy to.
Thank you. Are there any other questions from members of the committee? (No further questions.)
Thank 262 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 you very much. MR. McPHERSON: Our next department is the Mural Arts Department. (Witness Jane Golden comes forward.)
Good afternoon, President Verna and members of City Council. My name is Jane Golden, and I'm the Executive Director of the City of Philadelphia's Mural Arts Program, and I'm here to present the office's request for our Fiscal Year 2011 Operating Budget. 10 COMMITTEE OF THE WHOLE - BILL 100117 communities through a collaborative process rooted in the traditions of mural-making to create art that transforms public spaces and individual lives. Through the inclusive, democratic process of mural-making, we seek to provide public-art projects of unprecedented quality and innovation to all of the Philadelphia communities that we serve. In 2009, we completed our strategic-planning process to determine what steps we should take over the next five years to refine our goals while improving continually the quality of our work and the sustainability of our organization. Our goal is to claim our role on behalf of the City as a national and international model. 10 COMMITTEE OF THE WHOLE - BILL 100117 practice as well as create replicable projects and program models that serve as examples and exemplars for artistic practice, innovation, cultural collaboration, community work, and promotion of social justice. In FY '11, the Mural Arts Program intends to achieve our mission by making considerable strides in the following areas: 1. Jobs and economic development. Mural Arts contributes to the creative economy of Philadelphia by employing more than 300 artists each year. 99 percent of these artists are from Philadelphia, 46 percent are artists of color. Through our successful reentry program, we provide temporary jobs to formerly-incarcerated adults and young people as they enter the workforce. 10 COMMITTEE OF THE WHOLE - BILL 100117 this. Last year, we hosted over 10,000 tourists and residents who come on tours that take people through some of Philadelphia's most diverse neighborhoods. Working in conjunction with the Philadelphia Convention and Visitors Bureau, we are helping to build Philadelphia's international presence and stake its claim among the top-tier cultural destinations. Citizens and delegates from cities all over the world visit to see our work, often with an interest in replicating our program. Recently, we have been focusing a lot of our work on commercial corridors. We work closely with CDCs, trying to do our public-art projects and tying them into their master plans to uplift and inspire the corridors. 10 COMMITTEE OF THE WHOLE - BILL 100117 are one of the top five investments a city can make on a commercial corridor, demonstrating increase in retail sales and real-estate values, as they become transformative symbols, symbols of care and pride and inspiration. Education. This is an area that's dear to our hearts. Each year, Mural Arts free, award-winning art education programs provide close to 2,000 underserved Philadelphia youth at more than 50 sites, with access to quality, very rigorous art-education programs. We have several major programs. The Big Picture Program is for young people ages 10 to 14. The Mural Core Program serves young people 15 through 21. And Art Works serves young people who are at risk and truant. We offer a sequential curriculum that enables students to build on their previous work and nurture deeper connections with their peers, mentors, and communities. 10 COMMITTEE OF THE WHOLE - BILL 100117 In 2009, our Big Picture students worked on the popular recycling truck project; I hope many of you have seen our recycling trucks here in the City. What they did is, they studied Philadelphia at the turn of the century, they worked with the Design Center at Philadelphia University, they learned about recycling, and they turned a fleet of trucks into something beautiful. " They also studied the history of protest walks. These projects are aimed at raising awareness around the importance of art programs for young people.
The Art and Soul Project culminated with an event and rally right here, at City Hall, in which our students presented many of you in City Council with your very own hand-painted sneakers. 10 COMMITTEE OF THE WHOLE - BILL 100117 In public safety, we have done a lot of work over this last year. S. Department of Justice to create a workforce-development program in partnership with the wonderful Youth Violence Reduction Partnership. During this three-year, period Mural Arts has created a three-track program, which will provide young people opportunities and job-training and skill-building, building skills, landscape work, and art and technology. We call this program The Gild, and it builds practical job and life skills. We also have it open to people coming out of the Philadelphia prisons, and we have seen a tremendous growth in our reentry program. The statistics that we have are very good. 10 COMMITTEE OF THE WHOLE - BILL 100117 individuals each year, and we boast a recidivism rate of approximately 4 percent, considerably lower than what 5 we've been reading, which is 66 percent. 6 Our guild and retry programs 7 for probationary individuals and former 8 inmates aim to ease the difficult 9 transition from prison to the outside 10 world and to help them enter the 11 workforce by providing them a range of 12 opportunities beyond art-making. 13 Mural Arts also contributes to public safety through art education and youth-development programs. We work at the Youth Study Center, at St. Gabrielle's hall. We work with the Northeast Treatment Center, we work with the E-3 centers. 10 COMMITTEE OF THE WHOLE - BILL 100117 crimes, formerly-incarcerated young people, and young people living in low-income communities who are just lacking in opportunities around creating art. " We're always thinking of ways that we can reach young people, help transform their lives, and inspire them. Healthy and sustainable communities. Mural Arts advances healthy and sustainable communities through community-based public-arts projects. Coordinated with existing strategies for community development, these projects leverage grassroots social capital to revitalize open spaces to, remove blight, to stabilize abandoned lots, and to build positive momentum among a variety of community advocacy groups. 10 COMMITTEE OF THE WHOLE - BILL 100117 surrounding them, design meetings, paint days, dedication ceremonies often serve as a catalyst, a launching point for further dialogue and a catalyst for social change within these communities. In 2009 alone, we: Created 111 murals; that means murals, ceramics, mosaics, and projects with sculptural elements; Hosted 166 community meetings attended by 1600 people; Held 107 public paint days attended by 2,200 people; and Revitalized and cleaned 400 abandoned lots. Plus we removed lots of properties that had graffiti. We love work with the CLIP Program, and we do our best to be good citizens. 10 COMMITTEE OF THE WHOLE - BILL 100117 at the entire space as a canvas. And what we want to do is change it, make it beautiful. These are large-scale, multi-dimensional, public-art projects at civic spaces. We feel too many schools in the City of Philadelphia look like prisons, and we should create a major transformation. We're pulling up the asphalt, putting in raised beds, planting fruit trees, doing ceramics and mosaics around the entire school, and it's really exciting to see. Innovation. Mural Arts is embracing innovation and considering, What will muralism be in the 21st Century? In the next year, visitors and residents alike will experience extraordinary art work by local, national, and international artists that brighten our city's landscape, emphasize its commitment to great art, and offer tangible symbols of pride and vitality. 10 COMMITTEE OF THE WHOLE - BILL 100117 unveil our first temporary interactive public-art project called "Light Drift" designed by renowned artist (indiscernible).
It will be constructed out of light orbs, and they will float in the river. Imagine the river being a canvas for us. People can program the color from the shore, and there will be a festival where we will be inviting Philadelphians to come to the river. In October, we will also celebrate a new mural by nationally renowned Philadelphia artist Meg Saligman that pays tribute to the importance of the nursing profession. This project, called "The Evolving Face of Nursing," will replace a current mural which has deteriorated. It will include portraits of nurses from throughout the City, and their faces will be illuminated by LED lights that will transform the wall and be a gateway on the Avenue of the Arts North. 10 COMMITTEE OF THE WHOLE - BILL 100117 Initiative -- this is something we're so inspired about -- Mural Arts is partnering with the Department of Behavioral Health to reduce stigma around behavioral-health issues through a series of meaningful and transformative mural process. " Lastly, by 2011, the parking garages at the Philadelphia International Airport will be home to nearly 50,000 square foot mural called "How Philly Moves," and it will feature local dancers photographed in such a way that Philadelphia will be renowned everywhere for its spirit, its diversity, and commitment to the arts. 10 COMMITTEE OF THE WHOLE - BILL 100117 allocation for which I am testifying today. This allocation funds the salaries of employees, including my 5 own; the mural operations crew members; 6 an executive assistant; a reception 7 manager, who also helps manage projects; 8 and two full-time staff muralists. It 9 also supports over 30 large-scale 10 community mural projects. 11 However, we leveraged our City 12 allocation to raise an additional $4 million in private funds from foundations, corporations, individuals; and now, with our successful tour program, we are seeing earned income for the first time. We also are very thankful to the Office of Art and Culture and the Creative Economy. We have been working with them and developing programmatic partnerships and engaging with them as we create new, innovative project. 10 COMMITTEE OF THE WHOLE - BILL 100117 work with them, as we are thrilled to be able to work with the Managing Director's Office. The Mural Arts Program is committed to supporting the Administration's goal of percent 8 minority-, women-, and disabled-owned 9 businesses in participation with City 10 contracting. However, the Mural Arts 11 Program will have no contracting 12 opportunity for FY '11, 'cause there's 13 just one contract. 14 To the Mural Arts advocates, 15 however, this means a lot to us always, 16 and we're always thinking about equity 17 and being very inclusive in everything 18 that we do. 19 In conclusion, I would like to 20 thank City Council. Thank you for your 21 support -- it means so much to us -- and 22 for this opportunity to present our 23 budget for FY '11. And I am now 24 available to answer any questions. 25 Thank you again so much. )
Thank you. Any questions of this witness? Councilwoman Blackwell.
Thank you very much. Jane knows how I feel about her program. The only issue is, when you go in your community, where you will not see Mural Arts, not where you will. I wanted to ask to ensure that we have talked with those people about these cases, Art in City Hall, my age-old since Joan Specter was Councilperson. And we want to let you know that we're close, and we still wanted you to work with us in trying to do student art in cases one time of the year.
Councilwoman Blackwell, thank you for that question. And I ave been working with Gary Stoyer and the office, and I'm really thrilled to say that we have some interesting 278 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 projects planned for student art work. And I'm very excited to say that in the fall, we'll be launching a prison art show here, at City Hall. And thank you for inspiring that.
Thank you. And we're also interested in if, God willing, we ever get our reentry program, Arise, as it's called as of today, Arise Program in place. Certainly, we would like you to be a part of that initiative in my district.
Well, we would be honored. And I have to say what we're seeing with our reentry program and the Youth Violence Reduction Partnership, what I'm saying goes beyond anything we would have expected. We have perfect attendance, people are doing great work. Just last week, we had a few people other employment opportunities in Philadelphia. And I just -- I think that it's because people are involved in doing good 279 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 work. Mural Arts is an organization that cares about people. And because the work they're doing is in the public and is inspiring, people feel transformed by the experience. And we are on a mission to do more of it. So please know you have our total commitment to go into this area (inaudible) --
Thank you, Councilwoman. Miss Golden, again, thank you so much for all of the wonderful work that you've done across the City. Your enthusiasm should be captured by every employee in the City of Philadelphia.
It would be 280 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 a much better place. Real briefly, I just want to put on the record -- I know we've had earlier conversations -- there will be some dollars made available under the Stimulus Program; I believe it's through PWD Workforce Development Corporation. And they are short-term jobs, but they are much-needed jobs. And we are currently looking at opportunities to provide supervisory capacity by agencies, CDCs, nonprofits. And I know your ability to get people up to speed in terms of being employable. Do you think that your agency could play a significant role in when and if these dollars become available?
Well, we would be very interested. The good news about Mural Arts is, there's a waiting list of 2,000 people who want murals. We're also trying to clean lots and remove graffiti when we can, especially when it's near 281 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 projects that we've done. So we would be very interested in building our workforce and providing opportunities to people, absolutely. Also, we're starting to really look at our work as a collection. Over 3,000 murals have been created since 1984; some old are ones in disrepair. And we've been studying with the Getty Museum in Los Angeles, learning preservation techniques that are really interesting. And also, there's many skills involved in that, so it's great for our workforce as well to learn this. So between mural conservation, creating new murals, and keeping sites beautiful and trying to really foster a sense of pride in the neighborhood, there are a lot of opportunities for people. And so, I would welcome any opportunities in that direction. Thank you.
Thank you. 282 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 And we look forward to making sure that you are part of that much-needed process. Any other questions? Councilman Green.
It seems we talk about this every year, and I can't remember whether we've done it during budget sessions, although I've raised it with the Police and with the Managing Director, but we certainly have at different events we've talked about it, and that is the graffiti in Philadelphia and its continuing increased sort of presence. And I just wondered if -- last year, we talked, and you said it had increased significantly. And I guess it's -- there's nobody out there measuring it, so it's just anecdotal, you see more of it. I do the same. I take the train, different trains and, you 283 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 know, els and stuff, and I see a lot more graffiti than I saw four years ago. I'm just -- there used to be a graffiti unit in the Police Department, and you used to work with them.
Well, that was when we were the Anti-Graffiti Network, and there were graffiti police. And we would see tags on the walls, and then we would write them down, and we would confer with the police, and often we would get leads as to who the kids were, you know, where they lived, where they hung out. And we were able to, you know -- actually, it was -- the truth is, we were able to infiltrate that world and recruit kids to sign up for our program and put them to work. And really, I mean, you know -- and I have a meeting tomorrow night with 284 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 Tom Conway. And, you know, I think Tom feels the same way. We would like to work together more. In talking today with Councilman Clarke, Councilman Green, if we could figure out a way to put more people to work, I think that we can strategically start to identify, you know, not just areas that need to cleaned up but learn who are the big-name graffiti writers, who's doing the writing, where do they hang out, who are their followers. I mean, we have to -- you know, graffiti goes in waves. There are going to be years when graffiti is down and then when it goes up again. And I think at this point, I think that we all know as a city that we have to be extremely vigilant. And part of that vigilance comes in trying to transform the way the graffiti writers see the world. And that's what anti-graffiti was very good at doing. 285 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 And in the years that followed, I mean, I think that this city has made, you know, efforts to really combat it that have been very good. However, I do think what's happening now is, graffiti is increasing, and it's a time when we all need to be really aware of it and really creative in our thinking.
Do you know what the cost of remediating graffiti is for the City, by any chance?
Or the, you know, federal and state government or other, you know, private organizations?
That's fair. I just thought you might have an idea. So last year, there were six people still on the police force that were a part of the old graffiti squad; I don't know how many this year. There are several agencies, the 286 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 Inspector General being one, where they have sort of police officers assigned to work with them, sort of through them. And they -- if -- do you think you could have an impact, if you were to get an assignment of graffiti officers that you could work with, to try to impact this issue? And if so, do you think you could leverage some workforce dollars, like Councilman Clarke was talking about?
I think it could be great. I think that we would be very interested and willing to work with the police, absolutely, and to work with young people who are involved in writing on walls. I also was saying to a few people today -- and Councilman Clarke, one of them -- that there are a number of people who used to write on walls in the late '80s -- I believe Councilwoman Blackwell knows some of them -- who are now -- some of them are well-known 287 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 artists. The Love Letters project was created by a well known artist in New York, Steven Powers, who started out in the mid-'80s, tormented people in the City of Philadelphia; he wrote everywhere. But he is willing to come to Philadelphia, and he would be a role model, and he's a draw for kids. We know a number of people from back then who are now leading productive lives -- software engineers, architects, teachers, one guy has a barbershop in North Philly. And they would be an advisory group to us. I think there are ways that we can do it. So I say clean the City; that's great. And let's work with the young people who are writing on walls. Sometimes we need to revisit the practice of years before us, but I think that we've been onto something as a city. We're contacted by cities all over the world. And what -- we think we have 288 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 a graffiti problem in Philadelphia; comparatively speaking, this is a very clean city. So if we could nip this in the bud, I think we'd be on the right track.
Yeah, we continue a lot of programs that we don't even know what they do. And here's a program that worked; and for some reason, it got cancelled. So thank you for this, and we'll see what we can do as the MDO and Police come testify before us about getting you those resources and maybe some of the federal dollars that are available for workforce training.
Thank you. Just let us know. Whatever we can do, we want to help.
Thank you, Councilman. 289 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 Any other questions? (No further questions.)
There being none, Miss Golden, thank you very much for your great work. MR. McPHERSON: Our next office is the Youth Commission. (Youth Commission witnesses Jamira Burley and Tiffany Thompson come forward.)
My name is Jamira Burley, and I am the chairperson for the Philadelphia Youth Commission. The information that I'm about to provide will act as a narrative for the Philadelphia Commission's budget testimony for the Fiscal Year 2011. 10 COMMITTEE OF THE WHOLE - BILL 100117 that not only speaks to youth members' needs and issues but also allows youth to have a voice in City government. We have been working diligently to establish relationships with City officials and nonprofit organizations to create a group of constituents whose main focus is youth issues. We also look to continue to develop youth relationships with elected commissioners and City Councilmembers. Although in our second year in existence, one of our biggest problems continues to be brand recognition and visibility. It has been a difficult task getting youths to understand our core mission and the resources we can provide them within the City. It is our goal to be the umbrella organization to the numerous youth organizations currently in Philadelphia in order to provide and create a unified front in attacking youth-related issues. 10 COMMITTEE OF THE WHOLE - BILL 100117 resource to not only youth in Philadelphia but also to members of City Council should a youth issue arise. Our mission statement proclaims that we are a commission representing the Philadelphia youth in public hearings and to give testimony that reflects youth perspectives. Our purpose and goal is to comment on legislation and policies that impact youth. However, fulfilling that mission statement has been rather difficult due to the lack of youth- related issues addressed in City Council. In turn, we, as a youth commission, have now decided to revamp our whole structure and look at all legislation and try to see how it relates to youth either today or in the future. All legislation related, meaning from ages 12 to 23. 10 COMMITTEE OF THE WHOLE - BILL 100117 for the past two months. We have conducted numerous interviews and now are in the final stages of hiring our next executive director. Thankfully, throughout this process, we have had the help of our part-time coordinator, Tiffany Thompson. Tiffany has been instrumental in helping to coordinate the interviews for the executive director and handling all the day-to-day needs for the Youth Commission in and outside the office. I have to say this hiring process has not only been a learning experience for the Youth Commission, but it's also been another roadblock in attempts to make a difference in Philadelphia. 10 COMMITTEE OF THE WHOLE - BILL 100117 ground running after we complete the final stages of our hiring process. The following is a detailed list of the allocations asked for the appropriations of Fiscal Year 2010: Class 100 was 47,000, which is funds allocated for the executive director position. Class 200 was 50,200, which is funds allocated for office supplies such as business cards, flyers, consultation for our part-time program coordinator, leadership development, youth leadership conference in which many of these commissioners attended, newsletters, and photography. , with the hopes of developing lasting relationships with city and state youth commissions across the United States. 10 COMMITTEE OF THE WHOLE - BILL 100117 scholarship. We also look to create a platform for a five-year youth green economy agenda, as well as some of our local efforts, which is to partner with the School District of Philadelphia with the development of young women's leadership health conference as well as a leadership conference in June. The Philadelphia College Caucus, which is a group of all Philadelphia colleges from across the City of Philadelphia and their efforts to address larger-scale issues such as youth violence and how they can have their impact on that. As well as work with Campus Philly and other state and local officials in regards to the Pennsylvania Youth Commission work with the Youth Promise Act as well as House Bill 529.
10 COMMITTEE OF THE WHOLE - BILL 100117 of our budget for the Fiscal Year 2010.
Thank you. And thank you for your leadership and your good work. I'm a little disappointed to hear that your ability to liaise with City Council to discuss youth-related issues -- and I think they're pretty similar to us old folks-related issues. At the end of the day, we ail want a safe environment and a opportunity for gainful employment and education. Can I ask you what process you used in the past to have some sort of working relationship? I know there was one gentleman who actually represented my district, happened to stop in the office every now and then, but it was not necessarily work-related interaction.
Well, one thing we have been trying to encourage most recently is that these commissioners establish relationships with their respective appointors just so that they 297 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 can be aware what's going on in their own area as well as what's going on in the City, but that has been shackled with a lot of -- for the simple fact that a lot of City Council members may not -- either the City Council member or their staff may not be aware of what the Youth Commission purpose is or who their appointee is. We had a incident where one of these commissioners went to the office of their appointee, and she was kind of laughed at -- not laughed at, but she was kind of told that they didn't know why she was there, and they weren't aware of the Youth Commission, they weren't aware of how she was appointed. And so, it continues to be a roadblock for us going forward with some of our initiatives and trying to establish that relationship. Hopefully, we can work towards that in the next few months.
All right. 298 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 I'd like for you to leave this meeting today with some sense that there will be outreach from Council. Maybe we'll ask some of our younger members -- I see Councilman Green is among that group -- to try and liaise with you all. But I think it's important that you feel that you have the ability to interact with your elected officials. It's obviously very important. What we don't want to do is just focus on the negatives, which happens too often. I mean, you turn on the news, it's about flash mobs and all of these other things. But the reality is, the bulk of our young folks do a lot of good work and are really focused in terms of improving their lives and the lives of the City of Philadelphia. So I would like to, if you can -- if you can kind of fire off a little note to the Council President, and I'm sure she will make sure that there is some sort of a formalized process to put 299 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 together so we can have a interaction on an ongoing base, okay?
Thank you. I'm equal opportunity; I ask questions of everybody, even the Youth Commission. And even though your budget is very, very small, we are picking up pennies off the street. And so, I guess your budget includes 50,000 in Class 200, funding for items like business cards, flyers, conferences, leadership development, and a part-time program coordinator. The budget detail indicates that 11,000 of this amount is for advertising and promotional material. And 38,200 is for professional services. Could you tell me what your contemplating for the 38,200 that's not 300 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 for printed material?
Good afternoon, everyone. My name is Tiffany Thompson; I'm the part-time coordinator for the Philadelphia Youth Commission. That 38,000 that is used is usually for services kind of for the consultation if we're not using that for vouchers or our flyers or in that nature. So you're asking what else would we use that for?
Well, we've used it for website design, newsletter production, and things of that nature.
And have you attempted to use the CTO's Office for website design?
Have you attempted to use the CTO's Office for website design? 301 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117
We just transferred that, and they're reformatting our website now.
Okay. So what would happen to the Youth Commission's mission if we eliminated that 38,000 for professional services?
What would happen to the mission? Hopefully, we would be able to focus specifically on youth- related issues, which, I mentioned a few minutes ago, that that has been shackled due to the relationship with City Council members and their respected appointees.
The Mayor appointed you, okay. Okay. So you're saying, really, there would be no impact if we cut that $38,000.
No, there would 302 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 be an impact if that money was --
Well, seeing as though our budget right now is -- most of it, as you can see, is going towards the ED's salary.
A lot of our money is already eaten up by that. So with the 38,000 already being considered to be taken away, it would kind of --
-- limit us to different things that we can do within the City, kind of like event production, going into different schools, speaking, and kind of just putting on bigger things to showcase our visibility and brand recognition. It would kind of limit us in our field within the City of Philadelphia.
And the one 303 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 thing that you're required to do under the Charter, which is to advise on legislation, have you provided any advice on any piece of legislation to this body?
As of recently, no. And I mentioned it a few minutes ago, and that's because of the lack of youth-related legislation that is addressed in City Council. We're now revamping our whole focus and looking at all legislation and how it can eventually affect youth members. So you will be hearing testimony in regards to any --
-- supposed to be every piece of legislation, not just that related to youth.
Well, it's my understanding that it is supposed to be legislation specifically relating to 304 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 youth between the ages of to 23. 3
Most 4 legislation affects every -- you know, a 5 lot of legislation affects every age 6 population. 7
There's been 9 lots of legislation in that category, and 10 I think it's all legislation, actually, 11 but okay. 12 I hope you're not disappointed if we cut your budget a little bit, but thank you for your testimony.
Thank you. Are there any other questions from members of the committee? (No further questions.)
Thank you. MR. McPHERSON: The Board of Ethics. (Board of Ethics witnesses 305 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 Shane Creamer and Richard Glazer come forward.)
Good afternoon, gentlemen. Thank you for your patience. Kindly identify yourself for the record.
Good afternoon, Council President Verna and members of City Council. My name's Richard Glazer, the Chair of the Philadelphia Board of Ethics. Thank you for the opportunity to speak on the proposed budget for the Philadelphia Board of Education. With me today is Shane Creamer, Executive Director of the Board. We take very seriously our mission to promote public confidence in the integrity and fairness of City government and to promote honesty, integrity, and transparency in City government. All of our efforts aim to create an ethical culture in Philadelphia. 10 COMMITTEE OF THE WHOLE - BILL 100117 toward these goals, since we appeared before you last year, is significant. With a staff of only eight individuals, we are proud of what we've been able to accomplish. In 2009, we again dedicated significant staff time to training. Our staff conducted 27 in-person ethics- training sessions that reached almost 600 City officials, employees, and board and commission members. We have scheduled four more ethics training sessions in the next few weeks to permit almost a hundred City employees, elected officials, and board and commission members who have not already done so to satisfy their mandatory 2009 ethics training requirement. In response to a request from the BRT, our staff will also conduct ethics training for their employees in the near future. 10 COMMITTEE OF THE WHOLE - BILL 100117 Council, we will provide condensed versions of the ethics PowerPoint presentation to attendees of all future ethics-training sessions. Our training efforts are not limited to ethics. We invited over 300 people to attend campaign finance training, and more than 30 people came to three campaign finance training sessions in 2009. We are already planning a new series of eight campaign finance training classes that will begin this summer, well in advance of the November 2011 elections. We will make every effort to reach a broad audience of potential stakeholders, including members of City Council and staff, candidates, committees, and individuals who are affected by the campaign finance law. We will also provide every attendee with a packet of information as a resource on the State and City campaign finance laws. 10 COMMITTEE OF THE WHOLE - BILL 100117 our staff members has been functioning as a regulation working group since the fall of 2009 to prepare a comprehensive campaign finance regulation, well in advance of the 2011 elections. In fact, the Board discussed the first draft of this campaign finance regulation at its meeting last Wednesday. The goal of new regulation 8 is to provide detailed guidance to all candidates and committees concerning the City's campaign finance law. The regulation covers topics such as the public announcement of a candidacy, contribution limits, excess pre-candidacy contributions, retiring campaign debt, and the Single Committee Rule. We are on target to have the regulation adopted by the fall, and there will be ample opportunity for public comment and input. 10 COMMITTEE OF THE WHOLE - BILL 100117 provisions of the Ethics Code and to provide clear guidance on standards of conduct and ethics, the Board adopted three regulations in 2009, and each was intended to clarify a part of the law about which there had been questions. Regulation No. 5, the confidentiality regulation, became effective on November 2, 2009, and is intended to clarify the confidentiality provisions in Code Section 20-606L(i). Under newly-adopted Regulation No. 6, which also became effective on November 2nd, the Board interpreted the application of Section 10-102 of the Charter, which prohibits an interest in a City contract to members of the City's boards and commissions. The new regulation clarifies that only a limited number of individuals on specific boards and commissions are affected by the prohibition. The Board also adopted Regulation No.
10 COMMITTEE OF THE WHOLE - BILL 100117 interpret and clarify the annual ethics training requirement for City employees, officials and board and commission members and to authorize the Board to use additional training methods, including online training. It is always the Board's objective to prevent or reduce violations of the City's public integrity laws. However, when necessary, our responsibility requires that we investigate and, if appropriate, enforce those laws. Therefore, during 2009, we entered into eight settlement agreements concerning violations and approved dismissal of six matters after staff investigations. Further, staff rejected another 11 complaints because they failed to state a violation of the law. We continue to be responsive to all requests for advice. 10 COMMITTEE OF THE WHOLE - BILL 100117 post-employment restrictions, outside employment, and campaign finance restrictions. Our staff responds every day to questions from City employees, officials, and members of the public concerning the City's public integrity laws. There were six formal board opinions, advices of counsel, and 11 responses to more than 60 requests for 12 informal e-mail guidance in 2009. 13 We believe that each response to a request for advice means that an individual observed the ethics rules and avoided a possible violation of the law. The Board's website is an essential educational tool. Staff, therefore, improved, updated, and increased the content of our website, with the result that the total number of page views more than doubled, from 13,556 in 2008 to 33,999 in 2009. 10 COMMITTEE OF THE WHOLE - BILL 100117 receive it each year, several staff members have begun to develop an online ethics training module. We believe this is a significant efficiency measure because our small staff will be able to reach a much wider audience of City employees, officials, and board and commission members in a more convenient fashion. The availability of online training will save City resources because employees and officials will not have to spend time traveling to our office for training. Board and commission members will not have to take time off from their jobs to attend training. Online training will enable our staff to spend more time on other tasks, including improving and expanding the content of ethics training. 10 COMMITTEE OF THE WHOLE - BILL 100117 employees, officials and board and commission members will have access to the online training, and that a record of their training is made To make online training ethics training a reality, our staff spent considerable time this year surveying other jurisdictions and their online ethics training programs and was, therefore, able to review and select very inexpensive off-the-shelf software to prepare ethics training for City employees and board and commission members Of course, we will continue to offer in-person ethics training for new employees and any others who wish to attend. However, we believe that this application of technology is an important achievement for the Board and the City because our online training may serve as a model for other City departments and agencies that must offer training to large numbers of individuals. 10 COMMITTEE OF THE WHOLE - BILL 100117 The Board of Ethics is also responsible for administration of the financial-disclosure requirements that apply to City employees, officials, and board and commission members. The Board spearheaded an effort in 2009 with the help from the Human Resources Department to reach out to City employees and officials who are likely filers of the State financial disclosure form. As a result of the this outreach, we are pleased to report that the total number of disclosure reports filed increased by percent, from 3900 in 16 2008 to 4800 in 2009.
17 Further, the number of City 18 employees and officials who use the 19 online financial disclosure system, 20 available through the Records Department, 21 to prepare their reports increased 22 significantly, from 22 percent in 2008 to 23 55 percent in 2009. 10 COMMITTEE OF THE WHOLE - BILL 100117 staff's time to process the report. A more detailed summary of the proceedings and activities of the Board, a description of the education and training conducted and evaluation of complaints and referrals received and their disposition in the past year will be included in the Board's annual report that will be delivered to the Mayor and City Council in the near future. The Ethics Board has been advised that its proposed Operating Budget for FY '11 will continue at $810,000. This includes: $681,100 for personnel; $110,400 for service; and 18,500 for materials, supplies, and equipment. This appropriation is almost 20 percent less than the $1 million Operating Budget that was guaranteed by the Charter for the Board's first two fiscal years. 10 COMMITTEE OF THE WHOLE - BILL 100117 currently operating with a staff of eight. The Board understands that the current budget situation requires that we adapt to this reduced appropriation, and you have our assurance that we'll do our utmost to maintain the high level of performance the citizens of Philadelphia have come to expect But we wish to emphasize our belief that budget cuts have a disproportionate impact on our small agency, which relies direct person-to- person contacts by our staff with City officials employees, and the public At the FY '11 spending level of $810,000, the Board hopes to preserve its core advice, education, and enforcement mandate. As the budget situation unfolded over the last two years, we were extremely careful in our hiring decisions. 10 COMMITTEE OF THE WHOLE - BILL 100117 never hired staff for two investigative positions. We have, therefore, modified and reallocated the work of our existing staff to adjust to this reduced staff level. At this funding level, which limits our staff resources, the Board will not be able to develop a widespread public outreach program, including outreach to the business community that is mandated by the City Code. Spending on equipment will be all but eliminated FY '11. The 810,000 appropriation will, therefore, have a direct impact on the Board's ability to fulfill its many mandated responsibilities. The Board continues to face legal challenges to its authority. 10 COMMITTEE OF THE WHOLE - BILL 100117 the Board be faced with such an outside legal challenge. While we have had the good fortune to be represented by pro bono counsel in many cases involving collateral attacks on the Board, we are realistic enough to know that such generous volunteer legal services may not always be available, especially in in economy. If forced into court by additional collateral attacks in FY '11 without pro bono counsel, the Board and its mandates will be disadvantaged because we'll be forced to suspend other critical Board activity to permit existing staff to focus only on the litigation. If the Board's budget is cut below the 810,000 funding level, it would eviscerate the Board's ability to meet its core statutory responsibilities. 10 COMMITTEE OF THE WHOLE - BILL 100117 training to some new employees, it would have to make untenable choices between its other competing statutory mandates. It will be forced to reduce or eliminate its efforts to promote compliance with financial-disclosure requirements for City officials and employees and to cut back on the reach of its ethics training activity. This choice is especially problematic at a time when citizens are becoming more aware of the City's emphasis on integrity and transparency in government. Further reduction of the Board's budget would all but eliminate the Board's capacity to conduct investigative and enforcement activity.
We understand Council's concern that City departments and agencies provide contracting opportunities for businesses owned by minorities, women, and the disabled. 10 COMMITTEE OF THE WHOLE - BILL 100117 we will always consider such businesses should such a contracting opportunity arise. The Board of Ethics remains committed to its work to administer and promote the City's public integrity laws. We believe that our efforts in just a few short years have enhanced public confidence in the integrity of City government. The Board and its staff will proudly continue to do everything we can to maximize our resources to make the citizens of Philadelphia proud of their government. Thank you. And I'll take any questions you may have.
Thank you, Mr. Glazier. Because of budgeting constraints, you state that you have not been able to have two investigators or fill a vacancy that occurred this year. What is the vacancy? What is the title 321 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 of the vacancy?
The young man who previously held that responsibility was an investigator and worked with our single other investigator. When he left to go to graduate school, we didn't have the funds to replace him.
I'm Shane Creamer, Executive Director to the Board of Ethics.
The technical name for the position is information specialist, and they do -- they assist in investigations. They also do a lot of other general-office matters, including assisting and training.
So it's two investigators and the 322 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 informational specialist.
Originally, it was guaranteed at $1 million for the first two fiscal years of operation. However, the Board came online, if you will, halfway through its first fiscal year of operation, which was FY '07. The Board was installed on November 27, 2006. And so, this second -- the first fiscal year of operation with a guaranteed budget of a million dollars was FY '07. The Board only had two employees at the end of that fiscal year. And then the second year of the guaranteed million-dollar budget was FY '08. And so, since then, we've not had that guaranteed budget.
Have you had any discussion with the Administration? 323 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117
And we remind them that we are underfunded and that we have been cut but that we are also willing to do our part and go along with what's needed for the City.
Earlier today, the Inspector General testified. Does your office have any interaction with them?
Yes, we do. We refer matters back and forth. I've received a number of referrals from the IG's Office. They also come to us for questions of interpretation of the laws that we oversee, the Ethics Code primarily.
So I guess you assist each other in some fashion?
I think we have a 324 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 professional working relationship where we support each other. We sometimes will meet to discuss investigations. They'll ask us for advice and input on matters. They will refer matters that are within our jurisdiction; say, an Ethics Code violation that they've uncovered in the course of one of their investigations that may also include additional violations that are within their jurisdiction. So we can have overlapping jurisdictions in many of these cases. There may be even criminal jurisdiction overlapping in some of these cases as well.
Thank you. The Chair recognizes Councilman Green.
Good afternoon. 325 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117
I want to assure you that I've asked basically the same questions of every single department that's come before me, so please don't take my questioning personally. Even the Youth Commission --
-- was asked about $38,200. So you say you have eight positions currently filled in your FY '11; budgeted positions, you have nine. Are you intending to hire during the course of FY '11?
We are not. There is a possibility that we could wait halfway through the year and hire somebody. We don't have any plans to do that directly, but we do have that potential.
We couldn't fund that position right now. 326 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117
So you essentially have $17,000 left in your salary compared to -- okay.
And what is the City's response when you say you're not funded up to the level that the Charter requires?
What is the response of the Administration when you say you're not funded up to the level the Charter requires?
I'm not sure that the funding cuts intended to target us specifically but were across the board, 327 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 and we simply fell within the across-the-board reductions that other agencies and departments faced.
Just for the record, I'd like to say that fringe benefits are about 35 percent of the budget. So technically speaking, you are over a million dollars at this moment, and that doesn't include rent or energy, et cetera. So I just -- for the record, you are funded at over a million dollars in City resources overall.
And if I could just add to Richard's answer. The Charter said that we had a guaranteed budget of a million dollars in the first two fiscal years of operation. And the Charter says that thereafter, there shall be a sufficient budget to adequately fund the Ethics Board, and I'm paraphrasing. And if the Board feels that we are underfunded, we have the ability to bring a mandamus action similar to the 328 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 Controller's authority to do so, which he has done --
That office has done that a couple of times over the years. So to say that the million dollars is the standard, I think, is not entirely accurate. We've never really had a conversation about what is adequate funding for the Ethics Board at this point in this young agency's life.
Okay. Well, you know, it's clear in your testimony, you've talked about all you've been able to accomplish over the past year, and it is good. I want to thank you for beginning the process of issuing -- of trying to deal with some of these issues through regulation. I received something this week, and I'm confident that I'll have something to say on April 21st. I don't know whether it's for or against; I haven't had a chance to look at that 329 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 stuff. But I appreciate you following up on that. And thank you for coming in.
Are there any other questions from members of the committee? (No further questions.)
The statement that you made, the Charter requirement, the two-year requirement and Councilman's reference to the fact that you -- including fringe benefits are over a million dollars. 330 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 And then you made note of the fact that the office shall be funded at a level that allows you to effectively operate. And then you said that Council -- I mean that you had the ability, through mandamus, to require us to fund you. What exactly did you mean by that? And maybe I -- I want to make sure I don't take it the wrong way.
Under the Charter, there are two offices that have the ability to essentially challenge on their own, initiate a challenge to their budget levels. The City Controller has always had it.
I think over the past decades, the Controller has sued twice and won both times. I think the first was back in 1984, and I think there 331 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 was another challenge in the early '90s. It's just there. It's -- but we have not contemplated resorting to that at all. Again, we have accepted the budget that we've been given for the moment.
Okay. Maybe I'm taking it wrong. It just sounded like when it was noted that you are currently getting a million dollars if you used the fringe, and then for you to suggest that somehow, that million dollars is not a reasonable threshold.
Let me respond. When this Ethics Board was created, Councilman Nutter spent some time with his Chief of Staff, Julia Chapman, and investigated a number of ethics throughout the United States. The million dollars was not pulled out of the air but reflected 332 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 presumably -- I wasn't there, but presumably the necessary funds to establish and maintain a significant sized municipal ethics board. And one could even argue that the responsibilities that we have contrasted with some other cities, who don't have enforcement responsibilities. Those enforcement responsibilities are with the law departments in many other cities, that perhaps we should have even have greater funds than the million. So I'm not even sure that the million was the low figure but perhaps a figure that started off. And as an ongoing board with increasing responsibilities, certainly the argument could be made that that's not sufficient.
Actually, the original bill did not have the 333 3.22.10 COMMITTEE OF THE WHOLE - BILL 100117 million-dollar provision in it. Instead, it said that the board would be funded by a formula of, I think, or percent of the total personnel costs.