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Minutes

Stated Meeting, January 5, 2004

Philadelphia City CouncilJan 5, 2004

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

COUNCIL OF THE CITY OF PHILADELPHIA INVESTITURE OF CITY COUNCIL ORGANIZATION OF CITY COUNCIL INAUGURATION OF HONORABLE JOHN F. m. PRESENT: COUNCILWOMAN JANNIE L. BLACKWELL, Chair COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK. J. DI CICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS-BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO COUNCIL PRESIDENT ANNA C. VERNA V A R A L L O INCORPORATED Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 P R O C E E D I N G S ANNOUNCER: Ladies and gentlemen, welcome to the investiture to the Members of Council, the organization of City Council, the inauguration of the Honorable John F. Street as Mayor, and the investiture of members of the judiciary, Clerk of Quarter Sessions Court, City Commissioners, Register of Wills, Sheriff, and judges of Traffic Court. We ask that you please turn off all pagers and cellular phones for the remainder of the ceremony. Thank you. We would like to acknowledge WPVI, Channel 6 for the live broadcast of this ceremony. Ladies and gentlemen, please rise and bow your heads for the invocation given by His Eminence Justin Cardinal Rigali, Archbishop of Philadelphia. CARDINAL RIGALI: I am very pleased to participate today in the inauguration of Mayor Street and the investiture of the City Council - 1/5/04 Members of City Council during these initial months as the new Archbishop of Philadelphia. It is a wonderful opportunity for us to raise our minds and hearts to God, and ask His blessings on the Mayor, City Council, the judges, and other public servants of this historic and beloved City, our City, The City of Philadelphia. Dear friends, let us place ourselves in the presence of God and ask His help. God, our Creator and Father, look upon us all gathered together this morning. We ask Your abundant blessings upon our Mayor and the Members of City Council, these public servants, who are committed to the well being of the City of Philadelphia, and to the harmony, peace, and advancement of all the citizens of this community. We ask You to give these public servants a sharing in Your spirit. Make them generous, courageous, and creative in the important work entrusted to them. Let them work perseveringly and City Council - 1/5/04 harmoniously, with unstinted honesty and integrity, to accomplish the lofty mission committed to them. May they always see the great dignity of their role and their empowerment for service to the whole community. May they work together in open and respectful collaboration with one another and with all others, always being inspired by the immense amount of good they can accomplish, always aiming to assist their fellow citizens, always professing the equality of human dignity of every brother and sister in the eyes of God. May their contribution to the City become a dynamic factor of our history. May their service recognize the primacy of God in society, and promote and advance God's plan for the unity and harmony of people of all races, all religious, and all ethnic backgrounds. We thank You, Almighty God, for the readiness and resolve of our Mayor and City Council and public officials to face the City Council - 1/5/04 ever-present and developing challenges of our City, with its enormous needs. We thank You for their commitment to our people of all backgrounds, and for their willingness to serve generously and with personal effort because the cause is great. We ask You, Lord, to stir up new enthusiasm in all of us, to be conscious of the great calling of our City, to be a beacon of harmony and justice, a sign of truth and love in our nation.

We ask You, Lord, to give us all your peace, peace in our hearts and in our homes, peace in our neighborhoods, peace throughout this great and noble City of Philadelphia, peace as we work together for the well-being of all your people, our brothers and sisters, and for the glory of Your Holy Name. Amen. ANNOUNCER: And now, ladies and gentlemen, please remain standing as the Philadelphia Police and Fire Departments present the colors, and the Pine Forge City Council - 1/5/04 Academy Choir leads us in singing our National Anthem. ) ANNOUNCER: And now, ladies and gentlemen, please be seated, as we call to the podium City Council President Anna C. Verna. )

Council President Verna

Thank you. Thank you. Thank you very much, and good morning. It is my pleasure to welcome you to the inaugural proceedings for the investiture of City Council Members, the inauguration of the Mayor, and the induction of the judiciary and elected officials. I am delighted to recognize special guests joining us on stage today. And I would request that you refrain from applauding until all have been recognized. With us we have, as you know, His Eminence, City Council - 1/5/04 Justin Cardinal Rigali; Bishop Ernest Morris; Rabbi Solomon Isaacson; former Mayor, Reverend W. Wilson Good, Sr.; Mrs. Carmella Rizzo, wife of the late Mayor Frank Rizzo; former Mayor William Green; members of the Philadelphia Congressional delegation: Chaka Fattah, Bob Brady and Joe Hoeffel; Pennsylvania Supreme Court Justice Russell Nigro; Pennsylvania Supreme Court Justice Sandra Shultz Newman; Lieutenant Governor Catherine Baker Knoll; Auditor General Robert Casey, Jr.; State Treasurer Barbara Hafer; City Controller Jonathan Saidel; District Attorney Lynn Abraham; Chairman of the Republican City Committee, Michael Meehan; and Members of the Inaugural Committee. Thank you all so very much for joining us. (Applause.) At this time I would like to acknowledge the First Lady of our City, Ms. Naomi Post. And I would also like to recognize my husband, Sevy Verna. City Council - 1/5/04 (Applause.)

Council President Verna

At this time I request Councilwoman Krajewski please make a presentation of flowers to Ms. Post. (Flowers presented to Ms. Post.) (Applause.)

Council President Verna

At this time the Philadelphia Boys Choir will sing The Battle Hymn of the Republic. (Singing of Battle Hymn of the Republic.)

Council President Verna

Beautiful. (Applause.)

Council President Verna

I understand that we have two other elected officials with us who have not been recognized. And at this time I would ask the Speaker of the House of Representatives, John Perzel, to please stand, along with State Representative Dwight Evans. Please stand to be recognized. (Applause.) City Council - 1/5/04

Council President Verna

Thank you. This being the day fixed by the Philadelphia Home Rule Charter for the Organization of the Council of the City of Philadelphia, the hour has arrived, and we will now proceed with the organization of Council and the investiture of Council Members. Our first order of business will be the election of a temporary chairperson. Nominations are now in order, and the Chair recognizes Councilwoman Miller.

Councilwoman Miller

Thank you, Madam President. I nominate Councilwoman Blackwell.

Council President Verna

The Chair recognizes Councilman Clark.

Councilman Clark

Madam President, I second that nomination.

Council President Verna

Are there any further nominations? (No response.)

Council President Verna

Hearing none, the Chair recognizes Councilman City Council - 1/5/04 DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move that the nominations be closed.

Council President Verna

The Chair thanks the gentleman. The Chair recognizes Councilman Mariano.

Councilman Mariano

Madam President, I second the motion.

Council President Verna

All in favor of the motion will indicate by saying "aye." (Chorus of "ayes.")

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. And the nominations are closed. There being no further nominations, all in favor of the election of Councilwoman Blackwell as temporary chairperson will please say "aye." City Council - 1/5/04 (Chorus of "ayes.")

Council President Verna

Those opposed "nay." (No response.)

Council President Verna

The ayes have it, and Councilwoman Blackwell has been duly elected temporary chairperson, and to her I relinquish this gavel.

Councilwoman Blackwell

Thank you. As the first order of business, I appoint Mrs. Patricia Rafferty temporary Clerk. The next order of business is the filing of the certificates of election. The Clerk will call the roll. I direct the Clerk to call the roll, beginning with the Councilpersons-at-large in alphabetical order, and then to proceed with the district Councilpersons in order of their district, beginning with the First District.

The Clerk

Mr. David Cohen?

Councilman Cohen

Present.

The Clerk

Mr. W. Wilson Goode, Jr. City Council - 1/5/04

Councilman Goode

Present.

The Clerk

Mr. Jack Kelly.

Councilman Kelly

Present.

The Clerk

Mr. James F. Kenney.

Councilman Kenney

Present.

The Clerk

Mr. Juan Ramos.

Councilman Ramos

Present.

The Clerk

Ms. Blondell Reynolds Brown.

Councilwoman Reynolds Brown

Present.

The Clerk

Mr. Frank Rizzo.

Councilman Rizzo

Present.

The Clerk

Mr. Frank DiCicco. COUNCILMAN DiCICCO: Present.

The Clerk

Mrs. Anna C. Verna.

Council President Verna

Present.

The Clerk

Mrs. Jannie Blackwell.

Councilwoman Blackwell

Present.

The Clerk

Mr. Michael A. Nutter.

Councilman Nutter

Present.

The Clerk

Mr. Darrell Clarke.

Councilman Clarke

Present.

The Clerk

Ms. Joan Krajewski. City Council - 1/5/04

Councilwoman Krajewski

Present.

The Clerk

Mr. Richard Mariano.

Councilman Mariano

Present.

The Clerk

Ms. Donna Miller.

Councilwoman Miller

Present.

The Clerk

Ms. Marian B. Tasco.

Councilwoman Tasco

Present.

The Clerk

Mr. Brian O'Neill.

Councilman O'Neill

Present.

The Clerk

Councilwoman Blackwell, a quorum of the members-elect is present, and I have in my possession certificates of election signed by Mary Colins, acting chairwoman, Margaret McKeown, acting Commissioner, and Eugene Maier, acting Commissioner, acting as the County Board of Elections in Philadelphia, indicating their election of November 4, 2003, for a term of four years, commencing the first Monday of January, AD 2004.

Councilwoman Blackwell

The investiture of Members of Council will now proceed. The members-elect will rise to take City Council - 1/5/04 the oath of office, which will be administered by the Honorable Frederica Massiah-Jackson, President Judge of the Court of Common Pleas.

President Judge Massiah-Jackson

Will each member about to be sworn place your left hand on the Bible, and raise your right hand. Repeat after me. I do solemnly swear... ALL COUNCIL MEMBERS: I do solemnly swear...

President Judge Massiah-Jackson

...that I will support, obey, and defend... ALL COUNCIL MEMBERS: ...that I will support, obey, and defend...

President Judge Massiah-Jackson

...the Constitution of the United States... ALL COUNCIL MEMBERS: ...the Constitution of the United States...

President Judge Massiah-Jackson

...the Constitution of the Commonwealth of Pennsylvania... ALL COUNCIL MEMBERS: ...the Constitution of the Commonwealth of City Council - 1/5/04 Pennsylvania...

President Judge Massiah-Jackson

...and the Philadelphia Home Rule Charter.... ALL COUNCIL MEMBERS: ...and the Philadelphia Home Rule Charter.

President Judge Massiah-Jackson

...and that I will discharge the duties of my office with fidelity. ALL COUNCIL MEMBERS: ...and I will discharge the duties of my office with fidelity.

President Judge Massiah-Jackson

Thank you. (Applause.)

Councilwoman Blackwell

The next order of business is the introduction of a Resolution providing Rules for the government of the Council of the City of Philadelphia, and the Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam Chair. I offer the following Resolution.

Councilwoman Blackwell

The Chief City Council - 1/5/04 Clerk will read the title of the resolution. THE

Chief Clerk

A Resolution to provide for the government of the Council of the City of Philadelphia.

Councilwoman Blackwell

The Chair recognizes Councilman Clarke.

Councilman Clarke

Madam Chair, move the adoption of the Resolution.

Councilwoman Blackwell

The Chair thanks the gentleman. The Chair recognizes Councilman Mariano.

Councilman Mariano

Madam Chair, I second the motion.

Councilwoman Blackwell

All in favor will say "aye".

Councilman Nutter

Madam Chair.

Councilwoman Blackwell

Yes.

Councilman Nutter

I wish to speak on the Resolution.

Councilwoman Blackwell

I don't know who's speaking.

Councilman Mariano

Councilman City Council - 1/5/04 Nutter.

Councilwoman Blackwell

Councilman Nutter, you wish to speak on the Resolution? The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam Chair. Madam Chair, there has been limited opportunity and discussion about this particular Resolution. In my previous three inaugurations, the Resolution providing for the Rules of Council have been offered on a temporary basis. I did not hear, when the Councilman made the offer of the Resolution, that that would be the case. That has been the practice in the past, and I have not... do not recall any discussion with regard to the Rules, that they will be adopted on a permanent basis. All of the Rules that I have previously indicate that they have automatically been referred to the Committee of the Whole, adopted temporarily City Council - 1/5/04 by this Council. I think we're all aware that there have been a number of significant proposed changes to the Rules that we have operated under, at least for myself for 12 years and many other Members for the last 16 years. I would ask through the Chair, are the Rules being offered on a temporary basis or will there be discussion of the particular provisions which radically change the rules of governance of this Council that we have operated under for the last 16 years?

Councilwoman Blackwell

The Chair notes that at the previous Council, certainly at the last -- at our last investiture, we adopted temporary rules. But before that time -- And I've been here since the days of Frank Rizzo -permanent rules were adopted at this session; they were distributed, as these were, before then, with any changes noted. And when we came to the service of investiture today, those permanent rules City Council - 1/5/04 were adopted.

Councilman Cohen

Madam President.

Councilwoman Blackwell

Mr. Cohen. The Chair recognizes Councilman Cohen.

Councilman Cohen

I wanted to speak in support of the material spoken about by Councilman Nutter. Ever since 1988, this Council has adopted temporary rules, and nothing ever happened thereafter. Each Member was entitled at any Meeting of City Council to introduce a Resolution calling for an amendment of the Rules, but none did. This new set of Rules contains a number of changes. We have not had the opportunity to find out the basis for the changes, what motivated them, who felt wrongly treated by the old Rules, or what the cause is for the desirability of the new Rules. I think it would be timely and orderly to have discussions of the meaning of the changes, what they portend, why City Council - 1/5/04 they're being presented. And the time is not present, when we have many guests here waiting anxiously for the investiture of their family members, either in the judiciary or the row offices. Therefore, I would like to suggest that it would be very good if we followed the precedent that was set in 1988 and continuously followed thereafter, to have a temporary set of Rules so that we can have a full discussion in the greater order of business. Thank you, Madam Chair.

Councilwoman Blackwell

Thank you. Thank you for your remarks, Councilman Cohen. The Chair notes that when the Rules were changed previously, I would like to note that the late Lucien Blackwell changed those Rules. Rules were distributed before Council met, and were voted on. I would also like to note that this Council met, during which time, in an unofficial capacity, since we know the City Council - 1/5/04 official meeting is here and the official election of officers is here today... And the Chair notes that we met to deal with the Rules of Council, as well as the officers of Council, at a previous meeting, and that all those here voted. So, if there was no discussion, then obviously then there would have been a question about who voted. The Chair notes that that meeting took place in the presence of the Members of City Council, in spite of the remarks that the gentleman makes this morning. COUNCILMAN DiCICCO: Madam Chair.

Councilman Kenney

Madam Chair.

Councilwoman Blackwell

Councilman DiCicco is next. COUNCILMAN DiCICCO: Thank you, Madam Chair. You mentioned that a meeting took place, and I think you're referring to the meeting that was held in Council President Verna's office last Tuesday.

Councilwoman Blackwell

Council City Council - 1/5/04 DiCicco, would you speak closer to your mike. COUNCILMAN DiCICCO: Thank you, Madam Chair. You speak of a meeting that took place, and I suspect you're talking about the meeting that occurred in Council President's office last Tuesday. I don't recall a vote being taken on the Rules change. The only vote that I recall being taken were on the positions of the President, the Chairs, the minority leader of each party and majority and minority whips. At that same meeting, many questions were being asked as to the reasons why the Rules were being changed. And my recollection -- I recall that there really was no answer to that given at the time. I also recall... I think it was Councilman Kenney, when he kept pressing the issue as to who was the author of these bills, why were they being changed -- We wanted to be able to at least go to either City Council - 1/5/04 the Law Department, the Solicitor's Office, the tech staff and speak to those folks, whoever they were who made these Rules, because we had some technical issues. I believe it was Councilman Mariano who indicated at that time that the Rules actually were drafted by the Mayor. I haven't had any conversations with the Mayor since last Tuesday. So, I am not ready to vote on these Bills, and I would respectfully request that the motion -- I believe it's in the form of a motion of Councilman Nutter -- that these be adopted as temporary Rules.

Councilwoman Blackwell

The Chair will note that Councilman Kenney wanted to make remarks before the Chair rules.

Councilman Mariano

Point of information, Madam Chairwoman.

Councilwoman Blackwell

Yes. Councilman Mariano.

Councilman Mariano

I'm sorry, Councilman. I didn't say the Mayor said it. I said I wrote it. I'm not the Mayor. City Council - 1/5/04 COUNCILMAN DiCICCO: Councilman... Councilman, you're speaking -(Laughter.)

Councilman Mariano

Through the Chair? Through the Chair, Councilman DiCicco. You just noted that I said that the Mayor wrote the Rules. And I said then and I say now, I did not write -- he did not write the Rules; I wrote them. COUNCILMAN DiCICCO: Madam Chair, the Councilman is somewhat correct. At one point during that meeting -VOICE IN THE AUDIENCE: Liar. COUNCILMAN DiCICCO: At one point during that meeting -VOICE IN THE AUDIENCE: Boo. COUNCILMAN DiCICCO: -- he indicated that he wrote the Rules. And then, as he was questioned a little bit more, he said that each of the 11 people who were voting in favor of the Rules wrote a page. I indicated there were 19 pages, so City Council - 1/5/04 if 11 wrote, who wrote the other 8? He then said, well, I wrote 2 and some others wrote 2. Councilman Kenney kept pressing because we knew that Councilman Mariano did not write the Rules. We understand that he didn't write them. He actually admitted it later, and then said, you want to know who wrote them? The guy on the second floor. And I know the guy on the second floor is the Honorable Mayor, John Street.

Councilwoman Blackwell

I was at the meeting, sir, and I do not recall anyone saying that the, quote unquote, guy on the second floor -COUNCILMAN DiCICCO: Well, Councilman Mariano -

Councilwoman Blackwell

-- wrote the rules. COUNCILMAN DiCICCO: -- and I always have a problem -

Councilwoman Blackwell

-- and I was there. COUNCILMAN DiCICCO: -- with who City Council - 1/5/04 said what and when.

Councilwoman Blackwell

Thank you. (Applause.)

Councilwoman Blackwell

The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam Chair. I apologize for the weakness of my voice. I would like to reiterate Councilman Nutter's issues and Councilman Cohen's issues, relative to the fact that the number of questions that were asked were not answered, not only were not answered satisfactorily but were not answered at all. There were about five or six major points of contention, relative to the proposed changes in the Rules. And those questions -- There were issues raised as a result of what would happen in certain scenarios. None of those answers were given satisfactorily to me, and in some cases answers were refused to be given at all. Again, I would urge that we adopt City Council - 1/5/04 temporary Rules and have a full-blown discussion in public, with the public in attendance, at our Committee of the Whole, to discuss each and every one of these proposed changes. They are significant changes that will change the composition of Council totally, and will change Council's role in the running of this government. It will allow the minority party in the City to have a role in picking chairmen, Democratic chairmen of committees. It will allow the minority party in the City to pick members of committees. Even the United States Congress, the House of Representatives, and the Senate of Pennsylvania, Republicans do not pick committee chairs. They pick chair people of their own party. There's this and a number of issues that we need to discuss, and it really needs to be discussed in a forum where the public can come and hear and have an opinion expressed. So I would respectfully City Council - 1/5/04 iterate that point. (Applause and cheers.)

Councilwoman Blackwell

Thank you, Councilman. The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Thank you very much, Madam Chair. I do support the fact that we need to have further discussion about these Rules. The first meeting we had when the Rules were presented, we were told there were 11 votes for it. And there was no discussion. Attempts were made to have a discussion about the Rules, and the extent to which they would have an impact on this City. And particularly, I care about what happens to my District. And there was no substantive discussion about why the major, drastic changes were being made to these Rules. I've been on this Council since City Council - 1/5/04 1988. We have operated under the same Rules. It seems to me that the Rules have been proposed to change behavior, not to provide a Democratic process for us to execute our duties. So, I would call for an opportunity to have full disclosure, because it not only impacts the Rules of the operations of this Council, but how it impacts on all the people who live in the City of Philadelphia, because how we conduct our business serves as a way we end up dealing with legislation that impacts on us all in the City of Philadelphia. They should not be done in the dark of night, without full discussion, and without full disclosure. (Applause and cheers.)

Councilwoman Blackwell

The Chair thanks the Councilwoman for her remarks.

Councilman Goode

Point of order.

Councilwoman Blackwell

The Chair likewise notes there is a point of order. Councilman Goode, point of order. City Council - 1/5/04

Councilman Goode

Thank you, Madam Chair. I believe Councilman Clarke made a motion that was seconded by Councilman Mariano. I move for the previous question. VOICE IN THE AUDIENCE: Shame, Wilson; shame.

Councilwoman Blackwell

All in favor?

Councilman Nutter

Madam Chair, point of order.

Councilwoman Blackwell

Point of order.

Councilman Nutter

I would move for a ten-minute recess. (Laughter.) VOICE IN THE AUDIENCE: Shame, Wilson; shame.

Councilwoman Blackwell

The Chair does not wish that we have a ten-minute recess. We have a motion on the floor. We have been moved the previous question.

Councilman Nutter

I understand that. City Council - 1/5/04 VOICE IN THE AUDIENCE: Shame.

Councilman Nutter

Madam Chairman...

Councilwoman Blackwell

And the Chair will say all in favor -

Councilman Nutter

Madam Chairman...

Councilwoman Blackwell

-- of the motion will say "aye." VOICE IN THE AUDIENCE: Shame.

Councilman Nutter

Madam Chair, I would point out that the motion for a temporary recess takes precedence over the previous question motion. It is merely to give us an opportunity possibly to resolve this particular matter in as dignified a fashion as possible. We do not wish to delay these proceedings. (Applause.)

Councilman Nutter

I do not wish to delay these proceedings.

Councilwoman Blackwell

We will call -City Council - 1/5/04

Councilman Nutter

Councilman Cohen is absolutely correct.

Councilwoman Blackwell

The Chair rules that we will call for a call.

Councilman Nutter

I do not have a copy, Madam Chair... For instance, I do not have a copy of the final Rules.

Councilwoman Blackwell

The Chair rules -

Councilman Nutter

I do not have a copy of the Resolution that was introduced. The motion that I made takes precedence over the other motions on the floor, Madam Chair.

Councilwoman Blackwell

The Chair then will call for a vote with regard to your request for a ten-minute recess. And the Chair will ask the Clerk to take the vote. Thank you. VOICE IN THE AUDIENCE: Disgraceful.

The Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

No.

The Clerk

Councilman Clarke.

Councilman Clarke

No. City Council - 1/5/04

The Clerk

Councilman Cohen.

Councilman Cohen

Aye.

The Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

The Clerk

Councilman Goode.

Councilman Goode

No.

The Clerk

Councilman Kelly

Councilman Kelly

Aye. I'm sorry. No. (Laughter and applause.)

Councilman Kelly

First day on the job. This is the first day.

The Clerk

Councilman Kelly?

Councilman Kelly

No.

The Clerk

Councilman Kenney.

Councilman Kenney

Aye.

The Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

No.

The Clerk

Councilman Mariano.

Councilman Mariano

No.

The Clerk

Councilwoman Miller.

Councilwoman Miller

No.

The Clerk

Councilman Nutter.

Councilman Nutter

Aye. City Council - 1/5/04

The Clerk

Councilman O'Neill.

Councilman O'Neill

No.

The Clerk

Councilman Ramos.

Councilman Ramos

No.

The Clerk

Councilwoman Reynolds-Brown.

Councilwoman Reynolds-Brown

No.

The Clerk

Councilman Rizzo.

Councilman Rizzo

No.

The Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

The Clerk

Council President Verna.

Council President Verna

Aye.

The Clerk

The nos are 11, the ayes are 6. (Applause.)

Councilwoman Blackwell

Thank you. As has been read; therefore, the motion fails.

Councilman Nutter

Madam Chair -

Councilwoman Blackwell

The motion fails.

Councilman Nutter

-- I appreciate the vote. City Council - 1/5/04

Councilwoman Blackwell

Therefore, we have a question on the floor with regard to the adoption of temporary Rules. And again, the Chair will ask the Clerk to call the roll.

The Clerk

Councilwoman Blackwell.

Councilwoman Tasco

Point of order. What are we voting on?

Councilwoman Blackwell

Let me correct myself. We are now voting on permanent Rules for the City Council. Again, we will ask the Clerk to call the roll.

Councilman Nutter

Madam Chair, I'd like to ask through the Chair at least one question prior to the vote. There is a technical issue on of the Rules that were handed out at the last meeting. VOICES IN THE AUDIENCE: Boo.

Councilman Nutter

May the Chair -

Councilman Nutter

Are we to understand -City Council - 1/5/04

Councilwoman Blackwell

May the Chair note that the Councilman just said you didn't discuss them, and now you want to refer to a specific page and section. (Applause.)

Councilman Nutter

Madam Chair...

Councilwoman Blackwell

The Chair notes -

Councilman Nutter

Madam Chair...

Councilwoman Blackwell

-- there was full discussion -

Councilman Nutter

Madam Chair, I did not say that there was no discussion.

Councilwoman Blackwell

The Chair has been around every day, and not -

Councilman Nutter

Madam Chair -

Councilwoman Blackwell

-- taken one day off.

Councilman Nutter

Madam Chair -

Councilwoman Blackwell

No holidays. The Chair has been there -

Councilman Nutter

Madam Chair -

Councilwoman Blackwell

-- and there has been full discussion. City Council - 1/5/04 (Applause.)

Councilman Nutter

I've been at the office every day as well, Madam Chair. (Applause and cheers.)

Councilman Nutter

Madam Chair, it just seems -

Councilwoman Blackwell

The vote is what it is, sir.

Councilman Nutter

Madam Chair, I seek to ask a question with regard to the change in the provision regarding removal of the President. The change is that our Rules were changed from a term -

Councilwoman Blackwell

And I believe you asked this question -

Councilman Nutter

-- serving at the majority.

Councilwoman Blackwell

-- at that meeting, but we are happy to entertain it again.

Councilman Nutter

I was at that meeting. The questioned was not answered, Madam Chair. City Council - 1/5/04 (Applause.)

Councilman Nutter

The questioned was not answered, Madam Chair, at that meeting.

Councilwoman Blackwell

I think it was, sir.

Councilman Nutter

I would only wish to ask the question if there is an explanation as to why the change is being made from a full term for the Council President to serving at the will of the majority.

Councilwoman Blackwell

Let me say, sir, that the Rules are written before you. Certainly, this is not a forum, and this is not a place where we question -(Applause and cheers.)

Councilwoman Blackwell

-- the whole Constitution, the City Charter, the Rules of Council. They are written, and it is our job and our responsibility to formally vote on them today.

Councilman Nutter

I did with City Council - 1/5/04 respect to the Chair.

Councilwoman Blackwell

We have moved to the previous question -

Councilman Nutter

This would be the appropriate forum.