COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE OF THE WHOLE3 Room 400, City Hall6 Philadelphia, Pennsylvania Tuesday, December 7, 20107 12:00 p.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA10 COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN W. WILSON GOODE, JR.11 COUNCILMAN BILL GREEN COUNCILMAN CURTIS JONES, JR.12 COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL13 COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN14 COUNCILMAN FRANK RIZZO, JR. COUNCILWOMAN MARIAN B. TASCO15 RESOLUTION 100799 - Resolution confirming the appointment of William H. Brown III as a17 member of the Board of Ethics... RESOLUTION 100800 - Resolution confirming the appointment of Sanjuanita Gonzalez as a member19 of the Board of Ethics... RESOLUTION 100801 - Resolution confirming the appointment of Sister Mary Scullion as a21 member of the Board of Ethics... - - -23 2
Good2 morning, everyone. This is a public3 hearing of the Committee of the Whole4 regarding Resolution Nos. 100799, 1008005 and 100801.6 Mr. McPherson, please read the7 resolutions.8 MR. McPHERSON: Resolution9 100799, confirming the appointment of10 William H. Brown III as a member of the11 Board of Ethics, to serve in the term12 ending November 16, 2014.13 Resolution 100800, confirming14 the appointment of Sanjuanita Gonzalez as15 a member of the Board of Ethics, to serve16 in the term ending November 16, 2013.17 Resolution 100801, confirming18 the appointment of Sister Mary Scullion19 as a member of the Board of Ethics, to20 serve in the term ending November 16,21 2015.22
Thank23 you. That's Sister Mary Scullion.24 Is Mr. Brown here?25 12/7/10 - WHOLE - BILLS 100799, 800 & 8011
Yes.2 COUNCIL PRESIDENT VERNA:3 Please approach the witness table, sir.4 (Witness approached witness5 table.)6
Do10 you have a statement you would like to11 provide?12
Yes, I do.13 COUNCIL PRESIDENT VERNA:14 Please identify yourself for the record15 and proceed.16
I am William H.17 Brown, III, and I'm Senior Counsel to the18 law firm of Schnader Harrison Segal and19 Lewis.20 Good morning, Council President21 Verna, members of City Council. As I22 have indicated, I am William H. Brown,23 III, currently Senior Counsel to the law24 firm of Schnader Harrison Segal and25 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 Lewis. I am indeed honored to be a2 nominee for the Philadelphia Board of3 Ethics, and welcome the opportunity to4 testify before City Council in connection5 with my qualifications to serve in this6 position.7 I will now provide City Council8 with information about my background and9 my motivation for wanting to serve on the10 Philadelphia Board of Ethics.11 I have been engaged in public12 service in Washington, DC and13 Philadelphia for most of my career.14 I have been practicing law for15 more than 50 years. After graduating16 from Temple University and then receiving17 my law degree from the University of18 Pennsylvania Law School, I began practice19 in the private sector with a group of20 other African American lawyers to form21 what is considered to be Philadelphia's22 first African American law firm, Norris,23 Schmidt, Green, Harris and Higginbotham,24 later called Norris Brown and Hall. That25 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 experience is one of the highlights of my2 career, as several members of that3 groundbreaking firm went on to achieve4 great prominence in the legal field.5 Seven members became federal or state6 court judges.7 Later in my career, I served8 some time as the Chief of the Fraud Unit9 and as a Deputy District Attorney for the10 City of Philadelphia. I left11 Philadelphia for Washington, DC when I12 was appointed by President Lyndon Johnson13 and later President Nixon to serve as the14 Chairman of the U.S. Equal Employment15 Opportunity Commission.16 I have been active in the civil17 rights area of employment, housing,18 healthcare for the disadvantaged in19 Philadelphia. I voluntarily served as20 legal counsel to individuals filing21 lawsuits concerning employment22 discrimination and worked with the Urban23 Coalition towards obtaining better jobs24 and housing for the less fortunate in our25 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 city. As President of the Board of2 Directors of Mercy Douglass Hospital, I3 was instrumental in providing health4 facilities in one of the underprivileged5 areas of the City. I have chaired or was6 an officer of numerous legal and civil7 organizations. I also chaired the8 Philadelphia Special Investigation9 Commission that investigated the MOVE10 tragedy in 1985. I served on the UPS11 Board of Directors for years, and12 during that time, I was also a member of13 the UPS Audit Committee, and for the last14 five years of my service on the Board, I15 was the Chair of that Committee.16 Over the years, I have served17 as a mediator and arbitrator in many18 disputes and, if approved, would feel19 comfortable in fulfilling the duties of a20 member of the Board of Ethics. I have21 experience with alternative dispute22 resolution and I am a mediator for the23 Federal District Court for the Eastern24 District of Pennsylvania. I have also25 7 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 represented many clients in connection2 with legal issues involving labor and3 employment practices.4 In closing, I would like to5 thank Mayor Nutter for his nomination and6 the members of this City Council for7 considering my qualifications for service8 on the Ethics Board. If confirmed, I9 pledge to follow the law and regulations10 applicable and to do all in my power to11 make the ethics rules, which are so12 important to government, fair, clear and13 understandable for all the citizens of14 this city.15 I am pleased to answer any16 questions that you may have, and I thank17 you.18
Thank19 you, Mr. Brown. You certainly have a20 wonderful background.21
The23 Chair recognizes Councilwoman Blackwell.24
Thank25 8 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 you, Madam Chair. In addition to working2 for an excellent law firm and in addition3 to his work as a historian -- and we're4 very, very proud of him in the African5 American community -- if I liked him for6 no other reason than that his wife is one7 of the leading educators in our city. We8 are proud to support him and his9 nomination to be on this Board.10 Thank you, Mr. Brown.11
I don't know19 how familiar or how up to date you are on20 the various issues that have gone on21 between City Council and the22 Administration and the Board of Ethics23 with respect to bills that Council24 introduced last year that revised some of25 9 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 the ethics laws with respect to current2 regulations that are being considered3 that would impact political activities in4 the City of Philadelphia and other5 things, but I want to say that we have, I6 think, after an initial period of unease7 been able to work very well with the8 staff of the Board of Ethics and with the9 Board itself to develop policies,10 procedures and regulations that everybody11 ended up comfortable with but not exactly12 happy with everything that happened,13 which in the sausage-making process is14 sometimes a good thing.15 My question is related to the16 First Amendment, and when you -- I take17 you at your word. You have a18 distinguished career. And my question19 is, do you think that the Board of Ethics20 should consider the First Amendment when21 they promulgate rules and regulations?22
It would appear to23 me that all of the laws and regulations24 under which we operate should be25 10 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 considered. I think that the most2 important aspect is making certain that3 the consideration of the laws and4 regulations are applied in a fair and5 impartial manner.6
Okay. We7 recently in City Council passed lobbying8 reform and put the Board of Ethics in9 charge of receiving the information about10 lobbying reform and other things. I11 don't know what that process is, but I'd12 just like to know if you'd be -- there is13 an estimate -- it costs the state about a14 half a million dollars to put in place15 their method of regulating lobbyists in16 terms of technology expenditure, and17 that's been an estimate I've heard from18 the Ethics Board. I believe if we issued19 a simple RFP with a simple set of20 requirements for people to be able to21 file their lobbying disclosure forms22 online, we could probably get that23 accomplished for $25,000 to $35,000 from24 a small software developer in the City25 11 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 using commercial off-the-shelf2 applications available on the Internet3 today, and I wonder if you'd be open to4 the Ethics Board issuing such an RFP so5 that we can get effective in time for6 that regulation to begin.7
Well, having not8 had the opportunity of serving on the9 Board and not being familiar with those10 proposals, what I can assure you is that11 I would look at any proposal that would12 come before the Ethics Board and I would13 act upon whatever information we had, the14 facts in issue, and do my very best to15 make the best decision for the citizens16 of the City.17
Thank you.18 I appreciate your testimony and I look19 forward to supporting you. Thank you,20 Mr. Brown.21
Are23 there any other questions of Mr. Brown?24 The Chair recognizes25 12 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 Councilwoman Tasco.2
Thank you.3 I just want to say thank you4 for accepting to serve on the Ethics5 Board, and we will certainly value your6 wisdom and your years of experience and7 deliberating on tough issues. And we8 just want you to look at them, be fair as9 you deliberate and -- which I think I10 believe you will be.11
I appreciate the12 Councilwoman's comments, and I certainly13 will assure you and every member of14 Council that that's exactly what I intend15 to do, to look at every issue that comes16 before us, to make a fair, independent,17 impartial decision based on the facts18 that are presented.19
Thank you20 very much, and thank you for the many,21 many years of service you've given to22 this city and this state and this23 country.24
Thank you,4 Madam Chair.5 Mr. Brown, how are you doing6 today?7
Good.10 Listen, I just want to say thank you11 again for your -- and I want to use the12 word "sincere" -- service to this city.13 You're very sincere. You've done so much14 to make our city a better place, and I15 thank you personally.16
I appreciate that17 very much.18 MR. McPHERSON: Councilwoman19 Miller.20
Thank21 you. Thank you, Charlie.22 Yes. Good morning, Mr. Brown.23
You know,25 14 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 I knew when I saw your name, I couldn't2 remember -- I knew you worked for the3 Presidents. I knew that, but I couldn't4 remember everything. But this morning5 after reading your testimony and looking6 at your bio, which I had not had a chance7 to yesterday, I certainly remember your8 name. I used to go into Austin Norris'9 office all the time as a youngster, and10 Bonita Imbowski (ph) and other family11 members were sort of like mentors to me.12 And I want to thank you for your13 interest, because we believe that the14 Ethics Board does need people that are15 interested in being objective and working16 with us and not working -- not giving us17 the feeling that you're working against18 us or not working with us.19 So I too just want to thank you20 and thank you for all your years of21 service to people here in Philadelphia.22
Thank you for your23 comments. And, again, I can assure each24 member of Council that is indeed my25 15 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 intent.2
Thank3 you.4 Thank you, Madam President.5 COUNCIL PRESIDENT VERNA:6 You're welcome.7 The Chair recognizes8 Councilwoman Brown.9
Thank you,10 Madam President.11 I would be remiss not to go on12 the record to first acknowledge your13 distinguished career and to be14 appreciative of the fact that you're now15 going to bring your rich career as a16 legal scholar to the Ethics Committee,17 which is still very young in its time18 that it's been around, and to echo19 Councilwoman Tasco's concerns, wherein20 you have already affirmed that you will21 look upon each case as a stand-alone and22 weigh it based on the facts. So thank23 you very much for your anticipated24 service.25 16 12/7/10 - WHOLE - BILLS 100799, 800 & 8011
You're quite2 welcome. I might just say that based on3 my background, I've had many occasions to4 look at some very difficult issues.5 First, when I was with the District6 Attorney's Office, I was a Deputy, I had7 the opportunity to look at and make8 significant and at times very difficult9 decisions. During the period of time I10 served in the Administration in11 Washington, many of those issues came12 before us. We had to make judgments.13 Many times they were unpopular, but we14 felt that was our obligation. And15 certainly during the period of time I16 served as the Chair of what is properly,17 I guess, popularly called the MOVE18 Commission, we had many issues that came19 before us that required our serious20 consideration of all the facts. And I'm21 very, very pleased to say that in spite22 of the very difficult challenges that we23 faced at that time, that all of our24 recommendations, those some, I believe,25 17 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 49 or 50, we were able to have 49 of the2 50 resolutions and recommendations3 adopted unanimously, with a single4 exception.5
Thank you,6 Madam President.7 COUNCIL PRESIDENT VERNA:8 You're welcome.9 Are there any other questions10 or comments?11 The Chair recognizes Councilman12 Green.13
Thank you,14 Madam Chair.15 Mr. Brown, one just quick16 question about precedent. Are you17 familiar with the body of law governing18 political activities in Philadelphia19 today?20
Okay. So we23 have the Philadelphia Home Rule Charter24 where it starts and then we have almost25 18 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 60 years of different City Solicitor2 opinions, which are the sort of rules3 that we are all governed by with respect4 to political activities and have been for5 60 years. And there has been a recent6 City Solicitor opinion, which I7 personally disagree with, but which says8 that the Ethics Board has the authority9 to interpret the Charter and say sort of10 what the law is, that they don't have to11 rely on the City Solicitor's opinion with12 respect to what the law is.13 So assuming that's true, I just14 wonder how you would take into account15 the precedent that exists and are the16 rules that we're all operating under.17 That's my first question.18
Well, I think we19 would all be required to look at whatever20 the precedent was. My understanding --21 and it's limited, admittedly -- is that22 anyone has the option of also asking for23 a separate opinion from the City24 Solicitor's Office, and I think that part25 19 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 of our responsibility is to make our own2 independent determination of what the3 procedures and laws require.4
Right.5 Actually, it's very confused, because we6 cannot ask for confidential advice from7 the Ethics Board. In other words, we can8 ask for a confidential opinion, but9 ultimately that could be disclosed10 through a FOIA Act request or something11 else, because the Ethics Board are not12 our lawyers. The way the law was13 written, we can have our lawyers give us14 legal advice -- that's the City15 Solicitor's Office -- and we only have16 lawyer-client confidentiality if we go17 that route, but the way it's currently18 being interpreted, that is not19 necessarily binding on the Ethics Board.20 So the City Solicitor could give us one21 piece of advice; you could give us22 another. However, under state law if the23 City Solicitor gives us that opinion,24 regardless of what different advice the25 20 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 Ethics Board may give us, we can rely on2 that opinion to be excluded from3 liability under the ethics laws.4 So it's a bit confused and we5 have some clean-up to do with respect to6 it.7 Okay. My next question is, do8 you believe that if you are going to9 change the rules from current precedent10 that we're all relying on, that you11 should do that through regulation and not12 after we have relied on precedent, come13 back and say, Oh, we have a different14 interpretation?15
Well, I would16 imagine that under no circumstance would17 you go back and undo what has already18 been done. If we give or if the Board19 gives an opinion, I believe that the20 person who is asking for that opinion --21 this is prior to any action having been22 taken. I believe that that person should23 be able to rely on that opinion.24
I'm talking25 21 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 about not an opinion from the Board. I'm2 talking about relying on existing3 precedent. And obviously we take actions4 every day. We can't call the Board every5 day and ask their opinion on everything6 we do. We're relying on what the law has7 been for 60 years. So in reliance upon8 that law, we're taking actions all the9 time, and it has been my proposition that10 in order to change an interpretation of11 the Charter, the Ethics Board should do12 that by regulation so that there's 3013 days' notice and there's plenty of time14 for comment from people who want to15 engage in political activity rather than16 through an opinion of the Board, which17 can be brought up in one meeting, without18 the public having had notice of decisions19 that may impact them. And so that when20 we're changing from existing precedent,21 we should do that by regulation with a22 public comment period rather than by an23 opinion of the Board, which may or may24 not have risen to the level that the25 22 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 public even knows about what's being2 proposed.3 And I'm not asking for your4 answer on that question today. I just5 wanted to raise that issue with you,6 because it's something that many of us on7 Council have been discussing with the8 Ethics Board for several years.9
And I can assure10 you we will take a good look at that, or11 I personally will take a good look at12 that.13
Thank16 you.17 The Chair recognizes18 Councilwoman Sanchez.19
Thank20 you, Madam President.21 Good morning, Mr. Brown, and22 thank you.23
Thank25 23 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 you so much for your willingness to serve2 in this important Board.3 I wanted to make note that this4 Council prior to my arriving to it voted5 to establish the Board of Ethics because6 it too believed in good government and7 the importance and the value of having an8 agency such as the Board of Ethics.9 I've had some debate with --10 and while the relationship has gotten11 better with the Board of Ethics, one of12 my issues is the role or the more13 enforcement role that the Board has14 played.15 Can you tell me from your16 experience so far, because you still have17 the benefit of being an outsider coming18 in, what would be the one thing that19 you -- if you've looked at the exchange20 that Council has had with the Board of21 Ethics over the last year, what would be22 the one thing that you feel the Board of23 Ethics needs to improve right away?24
Well, to be honest,25 24 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 it would be difficult for me to really2 answer that directly with my limited3 experience on this Board, which is zero,4 but I can assure you that I believe that5 the function of the staff is to make6 recommendations to the Board, and then7 the Board independently should make and8 come to their own conclusions, taking9 into account what the facts of the10 particular case may have been.11
I thank12 you.13 From what you've seen -- have14 you seen some of the public discussions15 that have had happened via the media?16
I have seen some17 very limited public discussions, and to18 be honest, many of the things I see in19 the newspaper I discount completely.20
I'm not really23 sure, without having firsthand knowledge24 of what the facts are, that I could rely25 25 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 on what I see in the press and some of2 the other media.3
I thank4 you. I think that is probably the best5 response and one that we definitely in6 Council welcome, the fact that we have7 someone who is going to come in and look8 at the facts and make an independent9 opinion. That's exactly the type of10 candidate we want on the Board of Ethics.11 So thank you so very much.12
Are16 there any other questions or comments?17 The Chair recognizes Councilman18 Jones.19
Comment.20 Reading your resume, having talked to you21 briefly, it is our pleasure to welcome22 you on board in your capacity, and I'm23 just glad we're not paying you by the24 hour. Thank you.25 26 12/7/10 - WHOLE - BILLS 100799, 800 & 8011
Thank3 you.4 Any other questions or comments5 from members of the Committee?6 (No response.)7 COUNCIL PRESIDENT VERNA:8 Mr. Brown, thank you very much.9
Thank you. Thank10 members of Council.11 COUNCIL PRESIDENT VERNA:12 Ms. Gonzalez.13 (Witness approached witness14 table.)15
Good17 morning. Welcome. Please identify18 yourself for the record and proceed with19 your testimony.20
Yes. My name is21 Sanjuanita Gonzalez and I'm an attorney22 in Philadelphia.23
Thank24 you.25 27 12/7/10 - WHOLE - BILLS 100799, 800 & 8011
Again, good5 morning, Council President Verna and6 members of City Council. As I indicated,7 my name is Sanjuanita Gonzalez. I'm an8 attorney and the Managing Partner of9 Cohen, Fluhr and Gonzalez, a law firm in10 Philadelphia with practices in the areas11 of social security disability and12 immigration. 24 I was born and raised in25 28 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 Laredo, Texas, a small border town with2 Mexico. In the early 1950s, my parents,3 my sister and my three brothers4 immigrated to the United States from5 Mexico. I was the first born in the6 United States. My brothers proudly7 served in the United States Army and they8 were deployed overseas at the same time:9 one was in Vietnam, one in Thailand and10 the other in Korea. My parents were very11 hard-working people with a limited12 education, but they instilled in us good13 values. 18 In those days, we only had a two-year19 junior college in Laredo, Texas. I'm20 happy to report that that has changed. I21 earned my Bachelor's Degree in Social22 Work from Texas Woman's University in23 Denton, Texas. Subsequently I moved to24 Puerto Rico, where I worked with troubled25 29 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 youths as a social worker. I returned to2 the continental United States and3 completed a Master's Degree in Criminal4 Justice from John Jay College of Criminal5 Justice in New York City. During that6 time, I had a great learning experience7 when I was chosen to participate in an8 intensive internship with the New York9 City Police Department. That was funded10 by the Police Foundation in Washington,11 DC. It was then that I decided to go to12 law school, and I graduated from Rutgers13 Law School in Newark, New Jersey. 19 Soon after graduating from law20 school in 1981, I came to live in21 Philadelphia and I have since resided in22 this area. I initially had a general23 practice of law and realized that I24 needed to develop an expertise in an area25 30 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 of the law. 5 During my career as an6 attorney, I have been involved in7 community as well as professional8 organizations in Philadelphia. I served9 as President of the Board of Concilio,10 the oldest Latino community-based11 organization in Pennsylvania. In that12 role, I faced many challenging times, and13 I sought and I received the assistance of14 some of our elected officials and15 government agencies to ensure the16 survival of the organization. I was the17 first appointed member of the Board of18 Governors of the Philadelphia Bar19 Association by the then Chancellor of the20 Philadelphia Bar, Robert Heim. 23 Currently, I serve as Co-Chair of the24 Social Security Disability Committee of25 31 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 the Philadelphia Bar Association after2 being appointed by the last three3 Chancellors of the Philadelphia Bar4 Association. 7 I believe that my values and8 diverse educational and professional9 experience make me a good candidate to10 serve on the Board of Ethics. The Board11 of Ethics serves a vital role by12 promoting the public's trust in its13 government. Government employees and14 other government officials can likewise15 benefit from the Board's educational and16 training programs to prevent ethical17 issues from arising. 23 In closing, I would like to24 once again thank Mayor Nutter and City25 32 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 Council for considering me to serve on2 the Board of Ethics. I look forward to3 the opportunity to serve the citizens and4 the City of Philadelphia. 7
Thank8 you very much.9 The Chair recognizes10 Councilwoman Sanchez.11
Thank12 you, Madam President.13 I know many of my colleagues14 have asked me if I know Sanjuanita, and,15 yes, all Latinos know each other,16 particularly if you are working in the17 community. Not because she is my friend18 and someone that I have worked with and19 has been --20
She's a25 33 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 crony?2
She's a3 crony? No, I wouldn't call her a crony.4 Let's call her a mentor, someone who has5 work extensively in our community doing6 whatever she can, promoting women,7 particularly women, into electoral office8 and, more importantly, picking a side of9 the law that is much needed in our10 community as it is, immigration and11 social security, choosing to serve12 Philadelphia's poor.13 So I have great respect for14 Sanjuanita and know that she has the15 values and the spirit and the integrity16 that we want on the Board of Ethics.17 So, yes, I know her. Yes, I am18 very glad and happy to be in Council in19 part because of the work she has done in20 the community to be able to vote for her.21 Thank you.22
Thank24 you.25 34 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 The Chair recognizes Councilman2 Green.3
Thank you.4 Ms. Gonzalez, you heard the5 questions I asked Mr. Brown. I won't6 repeat them all, but I assume you would7 look at all laws, including the U.S.8 Constitution, First Amendment with9 respect to freedom of expression when10 applying political activities11 restrictions?12
Absolutely. I13 think that's very important, and I would14 certainly look at everything before15 making any type of decision.16
Thank you.17 And the other thing is, have you taken a18 look at the Charter related to 10-107 and19 the areas of your jurisdiction and the20 precedent that has flown out of that over21 the last 60 years?22
I have been23 reading a lot lately, but I cannot tell24 you that I know everything. I've got25 35 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 some limited exposure to it. I will be2 learning more about it.3
Did the4 staff of the Ethics Board put together a5 briefing book for you guys?6
Yes, actually,7 they did, and I did go over it, but it8 was quite a bit of material. But I will9 continue to be learning as I go along,10 but I did read a lot of the material that11 was provided to us.12
I didn't ask13 this direct question to Mr. Brown, but14 it's sort of what I was getting to, and I15 don't want you to answer it today, but16 what I'd like the two nominees to17 consider is a simple regulation that says18 unless we have by regulation said19 existing precedent doesn't apply,20 existing precedent shall apply, and then21 refer to all City Solicitor opinions that22 have been issued over the last 60 years23 so we know what the rules are.24 The big fear of people involved25 36 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 in politics is that we'll be operating2 under an existing set of rules and the3 rules will have changed without any4 chance for public comment. And so it5 seems to me that right now we're6 operating in a world where in theory7 based on City Solicitor's opinion, we8 could operate under precedent and the9 Ethics Board could rule that that was not10 allowed simply because we hadn't sought11 an opinion for every action that we're12 going to take. It seems to be putting13 people in the political realm sort of --14 it makes people who are involved in15 politics very nervous.16 And so I just ask you to17 consider that, and I look forward, after18 you've both gone through your briefing19 books and had briefing from the staff, to20 sit down and talk to you about a couple21 of other suggestions I have, and I hope22 you'd both be open to that.23
Thank you very24 much for your comments, Councilman Green,25 37 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 and I just want to make a comment myself.2 As you know, as an attorney, I do believe3 in due process and I do believe in the4 right to hearings, and I certainly would5 want for everybody to know what the rules6 are.7
Thank11 you.12 The Chair recognizes13 Councilwoman Tasco.14
Thank you19 for coming in and, again, thank you for20 agreeing to serve on the Ethics Board.21 I just want to say that we've22 been working with the staff on some23 regulations and have worked for the last24 year, maybe year and a half in trying to25 38 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 clean up and clarify some issues that2 have come before the Ethics Board, and we3 have a fairly decent relationship and4 mutual respect for each other at this5 point.6 There's an election coming up7 next year, and we've talked to the staff8 and the Ethics Board about this and just9 want you to know that in -- this whole10 ethics laws are new to us all.11 Candidates who run for years have engaged12 in practices that may not necessarily13 have been illegal but it's like past14 practice, but the new laws have15 interpreted them a different way. I16 think it's very important that all17 candidates, whether they're currently18 elected officials or future candidates19 who file to run for public office, have20 clear training on what -- here's what you21 did in the past and you can't do this22 now, because the law says you can't do23 it. It's like this was then, this is now24 kind of training, not, Well, most of the25 39 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 regulations are legal. Most of us are2 not lawyers and most of us don't have3 money to hire lawyers to interpret this4 stuff. That costs a lot of money.5 So what I want in plain English6 that the person on the fifth grade level7 can read and understand, what are the8 rules, very succinctly, very clearly so9 no one will intentionally break the10 rules.11 Now, you know, if they're given12 the rules up front and they break them,13 then, of course, you have to enforce14 that, but I think that moving to this15 year, having had the benefit of four16 years, after the law was passed in '07,17 we ran -- most of us were doing whatever18 we do, and we've tried to clarify some of19 the changes and we want people to be20 aware of what those changes are and that21 they're clear, and that's what I'm22 asking. And we haven't gotten any23 push-back, but going in as a new member,24 we certainly want you to be supportive of25 40 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 that.2
Thank you, and I3 can appreciate that, Councilwoman. In4 fact, I think one of the most vital roles5 of the Board is to provide education and6 training so as to avoid any problems from7 arising, because I think we all have the8 same common goal and, that is, to have a9 good government and a government that the10 people can trust.11
Thank14 you.15 Are there any other questions16 or comments of Ms. Gonzalez?17 (No response.)18
Our22 third nominee is Sister Mary Scullion.23 Sister had to be out of town today.24 However, there is written testimony. I25 41 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 assume that everyone has received a copy.2 And this is really renaming Sister to the3 Board, to serve in the term ending4 November 16, 2015. I don't see any5 reason for us to hold this, simply6 because Sister was in here not so very7 long ago providing testimony to us as a8 Board member.9 So with that being said, this10 will conclude our public hearing. We11 will now go into our public meeting, and12 the Chair recognizes Councilwoman Tasco13 regarding Resolution 100799.14
Madam15 President, I move that 100799 be reported16 out of Committee with a favorable17 recommendation.18 (Duly seconded.)19
It20 has been moved and seconded that21 Resolution No. 100799 be reported out of22 Committee with a favorable23 recommendation.24 All in favor will indicate by25 42 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 saying aye.2 (Aye.)3
The7 ayes have it and the motion carries.8 Again, the Chair recognizes9 Councilwoman Tasco regarding Resolution10 No. 100800.11
Madam12 President, I move that Resolution 10080013 be reported out of Committee with a14 favorable recommendation.15 (Duly seconded.)16
It17 has been moved and seconded that18 Resolution No. 100800 be reported out of19 Committee with a favorable20 recommendation.21 All in favor will indicate by22 saying aye.23 (Aye.)24
Those25 43 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 opposed?2 (No response.)3
The4 ayes have it and the motion carries.5 The Chair recognizes6 Councilwoman Tasco regarding Resolution7 No. 100801.8
Madam9 President, I move that Resolution 10080110 be reported out of Committee with a11 favorable recommendation.12 (Duly seconded.)13
It14 has been moved and seconded that15 Resolution No. 100801 be reported out of16 Committee with a favorable17 recommendation.18 All in favor will say aye.19 (Aye.)20
The24 ayes have it, the motion carries, and25 44 12/7/10 - WHOLE - BILLS 100799, 800 & 8011 this concludes the public meeting of the2 Committee of the Whole.3 Thank you all very much.4 Congratulations.5 (Committee of the Whole6 concluded at 12:40 p.m.)7 - - -8 9 10 11 12 13 14 15 16 17 18 19 20 45 CERTIFICATE2 I HEREBY CERTIFY that the3 proceedings, evidence and objections are4 contained fully and accurately in the5 stenographic notes taken by me upon the6 foregoing matter on December 7, 2010, and that7 this is a true and correct transcript of same.8 --------------------13 MICHELE L. MURPHY14 RPR-Notary Public15 (The foregoing certification of this19 transcript does not apply to any reproduction20 of the same by any means, unless under the21 direct control and/or supervision of the22 certifying reporter.)23