COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING BEFORE COUNCIL COMMITTEE ON PUBLIC SAFETY - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, 1/24/01 2:00 p.m. - - - RESOLUTION 000044 - Authorizing the City Council's Committee on Public Safety to hold public hearings to monitor the progress made in improving the handling of sexual assault complaints as set forth in the recommendations adopted by the entire City Council on December 16, 1999. PRESENT: COUNCILMAN ANGEL L. ORTIZ, Chair COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN JAMES F. KENNEY COUNCILMAN FRANK RIZZO - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 (215) 561-2220 2 1/24/01 PUBLIC SAFETY - RES. 000044 I N D E X Commissioner John Timoney. . . . . . . . . . . 3 Richard Tustin, Acting Director . . . . . . . 10 Capital Program Office Carol Tracy, Executive Director . . . . . . . 17 Women's Law Project 3 /00 PUBLIC SAFETY - BILL 2 P R O C E E D I N G S
Good afternoon. Will the clerk please read the title of the resolution, please.
A resolution authorizing the City Council's Committee on Public Safety to hold public hearings to monitor the progress made in improving the handling of sexual assault complaints as set forth in the recommendations adopted by the entire City Council on December 16, 1999.
Good afternoon. We're going to be very quickly, we've just got two. Commissioner, could you please come up. (Witness comes forward.)
I want to thank you, Commissioner, for really the amount of work that you've done through this whole process, and I know that you have given the committee a -- answers to the questions we gave in terms of -- I don't want to go through this whole list of numbers that we have here. COMMISSIONER TIMONEY: Right. 4 /00 PUBLIC SAFETY - BILL 2
But can you just generally give us a quick overview of what it is that's been submitted, and we'll put it in the record. COMMISSIONER TIMONEY: Yeah.
And -- because it is very. . . COMMISSIONER TIMONEY: Well, thank you very much, Mr. Ortiz for the invitation to come back, and this -- in regards to the cases under review, this is the final report, and I'll explain that further. As you're well aware, we went back, based on the Statute of Limitations, we went back for the years 1997, 1996, and 1995, and we examined a total of 1999 cases, basically 2000 cases, that the review of those 2,000 cases has been complete. And so, we have a narrative and then a chart in the back. And basically what the chart indicates is that out of the 2,000 cases, the review has been completed. And that for example, across the top there -- they're broken down into a variety of categories -- rape, robbery, aggravated assault, 5 /00 PUBLIC SAFETY - BILL 2 simple assaults, and other sexual assaults, other offenses. It turned out that out of the 1999 cases, that a total of 637 should have been properly classified and investigated as rapes. And then the next biggest category after -- well, actually, a bigger category, which is in "Other Sex Offenses," there are about 900. In any event, the review has been completed. There have been a total of -- out of the 1999 cases, there have been 83 arrests so far, and 265 have been exceptionally cleared, 389 were classified as unfounded, and so the remaining 1262 cases remain active for those 3 years. In other words, there's still an active investigation going on.
Yeah. COMMISSIONER TIMONEY: As you can appreciate, the distance in time created numerous obstacles for the investigators involved. People's memories, their willingness to cooperate with the police, in some cases, the ability of this department to locate them, a whole host of things really leads to that, to what appears to be a very high number of still-active cases. But, 6 /00 PUBLIC SAFETY - BILL 2 you know, just 'cause it's difficult, it doesn't mean we're giving up on them, but they've all had at least one look-see, and some, much more than that. And so -- and then the charts are broken down year by year and are basically self-evident. The one thing that would seem maybe to -- you'd wonder why, and I, on a -- I guess -- no, I guess the numbers are pretty good as far as on the overall rapes; it looks like they're pretty even as far as the arrests. Because there was some concern going back to 1995, which you'd be able to make (indiscernible), and that's actually where we started, and we did make 9 rapes; and then in 1996, 17; and then in 1997, 10. Those numbers, I'm assuming, will increase as these active investigations go further. So, overall, as I said, it was a full (indiscernible), and while you thanked me, I get far too much thanks and appreciation. The thanks really belongs to the guy my left, Captain Joe Mooney, who, as you're well aware, when we decided to overhaul the Special Victims Unit about -- it's 7 /00 PUBLIC SAFETY - BILL 2 almost two years ago now, we looked for what I consider the top investigative captain at that time in the department, and he was in Internal Affairs. And we plucked him from Internal Affairs and gave him this really thankless job, and he's done, against great odds, a remarkable job. So I just want to -- you know, you probably could thank me; I think the thanks really goes to Captain Mooney.
I understand. You're looking for someone to make lemonade, right? COMMISSIONER TIMONEY: Yep.
And we know the commitment of the captain and what has transpired. And, really, it's an effort that is sort of a work in progress. COMMISSIONER TIMONEY: Yeah.
What we have started. So it is not a finished product, but it's a work in progress that we've begun and that we have to continue. 8 /00 PUBLIC SAFETY - BILL 2 COMMISSIONER TIMONEY: Yep.
I'm fine. Thank you. COMMISSIONER TIMONEY: Hello, Councilman Rizzo.
I will make this a part of the record. I think we're going to summarize this as soon as I get together with folks and begin looking at how we can be putting this forward so that the people of Philadelphia understand what we got now, and specifically the citizens and women of Philadelphia, that -- that something happens and they begin to understand that it's all right to come forward. COMMISSIONER TIMONEY: Yeah.
And that the system is changing, and that although it is not perfect yet, it's way, way, way better than it's ever been. COMMISSIONER TIMONEY: Yeah. And I think the final thing, as an outgrowth of this entire review as part of the effort to, I guess, 9 /00 PUBLIC SAFETY - BILL 2 to reestablish or regain public confidence in our ability to investigate these cases, we have been working with a variety of women's groups who are quite literally monitoring our cases, and we just began last week, and I think it's also been an eye-opener for those folks involved in this review process, that it isn't as easy as it seems, and that there are problems, for example, with the UCR, with the federal definitions of rape and what in fact they capture, and there's an awful lot that -- and it leaves an awful lot to be desired, I guess, as far as informing the public in regards to the national status of rape and other sex crimes. There's a tendency just to focus in on the rapes and not be dismissive but not really emphasize the importance of other sexual-type cases, and I think they will be -- I mean have been and will be in the future in contact with the FBI in regards to maybe looking at the uniformed crime reporting system, because there are -- there's plenty of room for improvement.
I want to thank you very much, Commissioner. I told you it was going to be a short meeting today. 10 /00 PUBLIC SAFETY - BILL 2 COMMISSIONER TIMONEY: I appreciate that. Thank you very much.
Capital Mooney, we thank you again for all the work you did. And, Brad, thank you too. COMMISSIONER TIMONEY: I forgot Brad's --
Mr. Tustin, identify yourself for the record. And where are we -- about where are we now that we were not last time around?
My name is Richard Tustin, and I'm the acting director for the City's Capital Program Office. I don't have formal testimony, but I would like to give you an update on what has happened over the last 30 days since our last hearing. As us discussed at the last meeting, we were in the process of finalizing our space analysis for the space allocation committee, and we did complete that, as I said we would, that 11 /00 PUBLIC SAFETY - BILL 2 following Friday. We also sent copies of that to the Managing Director and the Finance, the Budget Director for their review and approval, and we are were given authorization by them to start our site search, which was our next step, is trying to identify locations where we could move this new facility.
We've already had a follow-up meeting with the Department of Public Property Real Estate Division, which is the agency responsible to do this work. And within the next 30 days, we should have identified several locations to look at in order for the possible move of this facility.
-- in terms of the 12 /00 PUBLIC SAFETY - BILL 2 search?
Yes. Yes, he is. We met with him last month and we reviewed the report, and also they will be a part of the group that goes out to look at each individual site. And I should also say that we've also had several meetings with several of the private organizations involved in this -- the Penn's Women's Center, the Women's Law Project, and the Philadelphia Children's Alliance, and we've actually invited them to be a part of the group that goes to look at new facilities as well as, and they're very -- I believe they're very excited to be a part of that team.
I think within the next 30 days, we should have at least identified one, two, or even possibly three locations where this facility can be moved to.
When do the selection and final decision then take place?
After each one of those sites are reviewed and looked at, it shouldn't 13 /00 PUBLIC SAFETY - BILL 2 take any more than a week or two to come to a final decision. I should say that as we look at each one and we start talking to the owners of those buildings, we will be negotiating simultaneously with as many as we need to, to come up with a -- you know, with what a rental budget will be as well as all of the operating costs associated with the facility.
Does the process then have to be that we've got to look at is, one, identification of the three sites, selection of one site, then looking at what repairs or modifications have to be done to the locale to make it feasible?
And that the organizations and the advocates and Captain Mooney will be in total communication in terms of being able to have input into how this is designed.
So that we don't have those design flaws that we currently have.
No, we really believe that 14 /00 PUBLIC SAFETY - BILL 2 we all need to be a part of that process in doing the design of the new facility, and we will approve that as a group so that nobody's left out of the process.
As soon as we identify the three sites and where we're going.
And we will make this a part of the record, your report. And is Alva Martinez and the commissioners a part of the site selection also? Although we haven't decided in terms of collocation yet.
But I would appreciate it maybe if they are somewhat involved 15 /00 PUBLIC SAFETY - BILL 2 in the process.
We actually have met with Estelle Richman over the past couple of weeks as well to talk to her about possible funding sources over and above the normal City operating budget because we're trying to minimize any additional impact to that. And she also has told us that she has had discussions with Alva Martinez in order to look at collocation and how they fit into in this new project. So not only are we --
The next decision we have to make is after we review possible sites, deciding on a site. One of the things we're asking for as part of our review is --
Well, our need is about 16,800 square feet just for the Police Department's need, but when we go out looking for sites --
But if we decide to 16 /00 PUBLIC SAFETY - BILL 2 bring in the other services, do we have a projection of what the -- you know, shouldn't we be looking -- are we looking at the overall aspect in terms of a collocation site in which all of these other services are going to be accommodated, or are we just looking to transfer the unit as it is from the arsenal?
No. As I was about to say, what we're looking for is enough space to accommodate our present needs as well as the future needs to collocate other agencies. We will ask the landlords to give us right of first refusal for additional space around our space, our present need so that if, in fact, they do find a tenant in the future to occupy some of the space adjacent to ours, they would have to come to us and say to us, "I have another tenant, would you rather have that space first?" and give us the right to take that space first, you know, in order to collocate some other City agencies.
Okay, thank you. We expect to hear from you as soon as we can. Thank you very much.
Carol? Anyone else? Commissioner, by the way, the crossing guards? COMMISSIONER TIMONEY: I thank you. (Laughter.) COMMISSIONER TIMONEY: I got the money.
You got the money. They are budgeted for. COMMISSIONER TIMONEY: Yes, sir.
So we can expect the process to begin on that side, right? (Witness comes forward.)
Things are going very well. I think, in terms of the site, as Mr. Tustin mentioned, he's met with us, and the Children's Alliance, who can't be here today, gave them their elaborate plans. So they're looking at that and I think it's moving faster than we thought would happen, so we're pleased. And everyone has been very accommodating to us. And, you know, in my last 18 /00 PUBLIC SAFETY - BILL 2 hearing here, I spoke about our relationship with the police and how positive that's become. We're glad to see that the reinvestigation has come to an end and has been completed with such honesty and integrity.
I spoke with Alva Martinez the other day about collocation. We're going to have a meeting separately and then we're going to bring all of the different advocates together and with District 47. MS TRACY: Good.
So that we can accelerate the process of centralizing the units as a division that we develop over the months and the hearings that we have had here.
Well, we appreciate your role in that. You know, this discussion's been going on for ten years; if we could get some closure on it and some decisions made, I think that it will be to the benefit of everyone in Philadelphia. And I would like to thank on behalf of the Women's Law Project and Women Organized Against Rape and Penn Women's Center and the 19 /00 PUBLIC SAFETY - BILL 2 Children's Alliance and the Support Center, I would really like to thank and commend the Committee on Public Safety for staying with this issue, for helping us so much, and for helping forge this, I think, really creative and important alliance between us and the Police Department.
Frank Rizzo is here, Jim Kenney, and Jannie Blackwell. I think if there's nothing else, we will recess until we put all of this together, we will recess until the call of the Chair. I want to thank the commissioner and all of the groups that work together on this. Mr. Tustin, we're not finished yet and we will come back once we have a plan to present to City Council in terms of collocation and relocation of the Sexual Victims Unit and so on. Thank you very much. MS TRACY: Thank you. (Adjourned at 2:30 p.m.) - - - 20 C E R T I F I C A T E I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Wednesday, January 24, 2001, were reported fully and accurately by me, and that this is a correct transcript of same. RE: COUNCIL COMMITTEE ON PUBLIC SAFETY BILL NO. 000044 __________________________________, JOSEPHINE CARDILLO, Registered Professional Reporter