My name is Shelah Harper. I chair Public Health Center No. 14 9. I have been working in conjunction with concerned citizens for a long time. A couple of concerns. The first thing is again to reiterate what my comrades said, full staff funding. What's going on right now is, once people retire through that DROP program, they are never replaced or the Health Department has to go through a lot of red tape in order to fill that position and justify the position staying in place. So through attrition, it was hoped, I 173 3/29/06 - WHOLE - BILL 060001, ETC. think, initially with the DROP program that eventually we would cut costs, but what we're doing is, we're cutting the quality of care that was, let's say, five years ago, it has resulted in we have more patients, because of course we have more uninsured, we have a higher percentage of need. We have a lot of healthcare needs that need to be met, and it cannot possibly be met with a shortened staff. Okay? Nurses, clerks, those people who really support the work of the public health center, it's going to put an undue burden on the existing staff. In addition, it ends up being -- five years ago, it cost less to provide the same amount of care that we're talking about. And if we're seeing more people now and the cost of inflation has increased, we need to not freeze those positions and fully fund staff without the red tape that the Health Department currently has to undergo in 174 3/29/06 - WHOLE - BILL 060001, ETC. order to replace somebody who has retired. Secondly, prevention. And for me, this is extremely personal. Violence. I am the mother of Asia Adams, who was a student at West Chester University, who was brutally murdered as a result of violence, as a result of a combination of mental health problems that are not being addressed from a prevention standpoint, as a result of substance abuse problems that are not being addressed from a prevention standpoint, as a result of child welfare problems and, as you know, the whole social list of stuff that's causing this problem. One of the themes that I'm seeing that just resonates throughout this whole thing was, each young person that came up talked about murder. Do you know what kind of a fear that places in the hearts of children? It makes them act tough so that they won't be, 175 3/29/06 - WHOLE - BILL 060001, ETC. whatever, pointed out, murdered or whatever the situation is. Prevention. No, it does not provide revenue, but the quality of life -- intervention, yeah, it provides revenue, but you don't deal with mental health problems after they've happened. You support people in their ability to be able to handle and cope with whatever mental health problems. You support people through -- including things like the Centers for Substance Abuse Prevention Program. Prevention. We had one here years ago. It was staffed by one person, and now that person is gone. Money is in treatment. Yes, we need treatment and we need intervention, but no, no, no, no. We have got to get our priorities clear, that monies need to go into prevention. Violence is a public health concern. I'm not talking about secondary stuff, whether Youth Reduction Partnership, AVRP, and the Operation Safe 176 3/29/06 - WHOLE - BILL 060001, ETC. Streets. All that stuff is happening after the children are already in trouble. I'm talking about primary prevention. That's personal. It's real personal to me, and I wanted to make sure that you were aware of that. Thirdly, our pharmacies. Our pharmacies is a constant problem. We went through a process where they were going to look at pre-packing medication. That went out of the window because it was a concern that we would lose our license to operate our pharmacies, and we didn't really understand the implications of all of that, so we asked that it be pulled.
The Health Department literally had to go in there and fight to retain those dollars so that they can try something new, a centralized pharmacy where they're going to pull people out of the public health centers, pharmacists. We have two at each health center. Well, not really, but almost two, and they were 177 3/29/06 - WHOLE - BILL 060001, ETC. going to put half of them in a central location and the other half are going to remain at the site. The ones at the central location would do all of -- like an assembly line, preparation and then transportation out to these sites. The idea that they had to actually fight in order to make sure that this money for pre-packed medication or privatization did not happen. But in order to hold that money, in order to try the centralized pharmacy theme, well, what's going to happen next year? Last year, that was the solution. They put aside more money in order to do the pre-packed medication. Now, hold on to the money and we're going to try to -- it's like robbing Peter to pay Paul. And these are like life-sustaining medications that people are going without sometimes because they're not filled. There are certain prescriptions that are just not available, and there are waits of a couple of months in some cases. A 178 3/29/06 - WHOLE - BILL 060001, ETC. person that needs heart medicine, they can't go that long without heart medicine. They can't go that long without diabetes medicine. The whole pharmacy issue combined -- a couple of years ago I remember it gave an additional $1 million because of the HIV-positive patients that they needed to be able to provide prescriptions for. Well, that was ten years ago, and I'm sure that the number of HIV patients has increased, in addition to pharmacy costs have increased, and as a result, we are asking that Council take a real strong look at the whole pharmacy throughout the entire healthcare system. Secondly -- okay. Also, we have these mandates --
Thank 179 3/29/06 - WHOLE - BILL 060001, ETC. you.
We have these mandates, HIPAA, Healthy People 2010. Nobody is funding any of it. HIPAA -- and, I mean, I don't think anybody really understands it, but what's going to happen is, now this year is the year that the federal government is going to implement compliance and they will cite each occurrence. That means each piece of paper that's laying around in those health centers in places that they should not be, $100 per paper. And you ask any of the health centers, and they have a lot of paper laying around in places that they should not be, which is against the HIPAA compliance needs. Same thing with Healthy Start. I have my whole context in writing, so you'll be able to get that. So in summary, I am here representing these citizens, representing the children, because when we're all said and done and dead, our children are going to 180 3/29/06 - WHOLE - BILL 060001, ETC. be here, hopefully. My child is not here. The quality of life and a focus on prevention may have helped her to remain here. So I submit my testimony in writing. I thank you. I really ask that you strongly consider increasing the Health Department's budget and consider health. It's integral to anything that we're going to do. Kids can't do art. Kids can't do nothing. They can't learn. They can't do anything if they're not healthy. So thank you very much.
I don't have a question. I just have a comment. 181 3/29/06 - WHOLE - BILL 060001, ETC. I want to thank you for coming in to testify, because we were led to believe that everything was hunky-dory in the Northeast, certainly that the waiting time didn't exist and it didn't take a long time to get a prescription filled and all of that. So we certainly appreciate your testimony, and we're going to do some follow-up. Thank you.
Thank you. MR. McPHERSON: Our next witness is Amy Dougherty, Friends of the Free Library.
Thank you all very much. Ms. Dougherty, feel free to identify yourself and begin your testimony.
Good evening. 182 3/29/06 - WHOLE - BILL 060001, ETC.
Would you pull your microphone up. We can't hear you.
I'm sorry. Good evening, Councilwoman Blackwell. My name is Lucretia Minniti. I'm here on behalf of Amy Dougherty. She was called away on an emergency.
Thank you very much. We will include it all as 183 3/29/06 - WHOLE - BILL 060001, ETC. if it were read in entirety.
Thank you, Councilwoman Blackwell. Good evening, Council President Verna and members of Council. The Free Library of Philadelphia, an independent non-profit organization whose mission is to support the Free Library of Philadelphia. Access to information is a component of an informed democracy. We partner with neighborhood volunteer groups, Branch Friends, to promote cooperation and communication between the community and the Free Library for services for all. Our 40 active Friends Groups located throughout the City provide support to the library branches by boosting library use, planning, presenting and funding programs, purchasing books, DVDs, magazines and equipment. On average, Friends Groups raise approximately 200,000 per year for branches for their membership and through book and bake 184 3/29/06 - WHOLE - BILL 060001, ETC. sales and raffles. First and foremost, I want to thank President Verna and members of City Council for last year's 3.5 million increase to the Library's General Fund for more staff. Your decision to increase library funding gained local and national attention, including the Politician of the Year Award for two City Councilmembers, Councilman Frank DiCicco and Councilman Michael Nutter. The citizens of Philadelphia appealed to you and you heard us. We are extremely grateful. Your commitment to library services has a dramatic impact. All branches are open now six days per week and are staffed by two accredited librarians. With the restored evenings and Saturday hours, Friends Groups are able to meet regularly once again. Right now they are busy preparing for a busy spring. Friends Groups are among 185 3/29/06 - WHOLE - BILL 060001, ETC. hundreds of community groups that use branches. The library has three essential missions: Providing access to recorded information in all forms, advancing reading, serving as a central meeting place within the community. It is this coming together of people from diverse backgrounds that adds to the library's value. The library is the only free indoor public space open to all. You have not forgotten the value of this for us. I want to give you a very small snapshot of activities made possible by your vote to increase library funding. No. 1, Bushrod: Friends Group-funded program in which all local teens instruct seniors how to use computers. No. 2, Lawncrest: 30th anniversary of Friends Group that included an essay for children with prizes. No. 3, Santore: Pre-school reading programs, adult book clubs, 186 3/29/06 - WHOLE - BILL 060001, ETC. cultural programs in partnership with Anderson Recreation Center, Partners for a Healthy Philadelphia Smoking Cessation meetings, Friends Group Saturdays Chess Club for kids. No. 4, C.B. Moore: GED classes. No. 5, Logan and Donatucci: Fairmount Park's Growing Your Neighborhood Program community meetings in which residents took part in deciding 60,000 worth of improvements for their neighborhood parks. State Representative W. Curtis Thomas, Councilwoman Donna Reed Miller and Tyree, special assistant to Councilman Rizzo, attended these meetings. Thank you for your support and hard work. In conclusion, I ask that you support the Director of the Library, Elliot Shelkrot's, request for 39.5 million for 2007, which will fund 739 full-time General Fund positions.
Thank 187 3/29/06 - WHOLE - BILL 060001, ETC. you very much. Are there any questions? (No response.)
Thank you. MR. McPHERSON: The next witness is Shelly Yanoff.
Please identify yourself to our record and begin.
I will. Thank you. I am Shelly Yanoff. I'm Executive Director of Philadelphia Citizens for Children and Youth. Thank you for the opportunity to speak very briefly about the City's budget. I know it's late, and you have testimony. I will just summarize. One, we want to say we are really pleased about the cribs and we're 188 3/29/06 - WHOLE - BILL 060001, ETC. pleased about the Adolescent Violence Prevention Reduction Program. It is very important that we all figure out every way we can to decrease the violence in our community. And we are pleased, of course, with the improved economic forecast for the City, but we still are concerned. While the budget restores some positions, there are some others in some departments that are really limping along. I want to underscore the previous panel. The health clinics are -- the waiting lists are large. The staffing is just not adequate. We really want to also talk for a minute about dental care in our health clinics. And, Councilwoman Blackwell, we've talked with you about this before. We have been worried about the reduction in health clinics generally in the center staffing, as well as in dental care, but recently it was really brought home to us when we had -- we were supporting the 189 3/29/06 - WHOLE - BILL 060001, ETC. School District in helping get kids free dental care. We fielded 1,000 calls in one day from parents desperate to find dental care for their children. And we had -- in some of the health clinics, they had to wait four months, five months for a dental appointment. That's just not acceptable. And what's going to happen now is, it's going to get worse, because even level funding, when you've got more and more companies not providing healthcare for families, it's going to be -- it's increasing. So we urge you to do something about increasing the investment in our health clinics, particularly looking at dental healthcare. Recreation centers are the second piece. The budget includes significant new capital funding for some important infrastructure investment, but it doesn't reach the rec facilities. We have, as well as the Controller, but we have done a survey of 190 3/29/06 - WHOLE - BILL 060001, ETC. recreation centers and playgrounds, and there's not enough staffing, there's not enough programming. I'm not telling you anything you don't know. And the facilities need improvement. So we urge you to look at that and to invest some money there. Fairmount Park is another one, which you all know, and it definitely needs more support. That is the most commonly used recreation and breath-of-fresh-air place in our community. We have to support it. I want to just talk for a minute about something that's preliminary. I just came here from a hearing on what's happening with kids who are dropping out of school. I encourage you to look at a collaborative investment with the School District, with DHS to really see what we can do to really do something about the thousands of kids that we are losing every year. We don't want to take time up right now to talk 191 3/29/06 - WHOLE - BILL 060001, ETC. about it with you, but we would love to work on it with you. This is a critical need in our community. We also want to just note the idea that in any future property tax abatements or TIFs, that we hold the schools harmless. We'll talk about that more next week, but the reality is that our property taxes are booming, but we all know that improved public schools will make a real big difference in the economic outlook in our City, and, in fact, the schools have not been able, of course, to profit from the kind of investment that the new property abatements are yielding. In conclusion, there's a lot good in the budget, but we need to do more. So we thank you once again for all you do and for listening. Thank you.
Thank you, Ms. Yanoff. As you know, this Council held hearings in '93 on the school drop-out rate. 192 3/29/06 - WHOLE - BILL 060001, ETC.
We thank you for that. And we've really been focusing very hard on the dental issue, especially with regard to children, because this has been a big problem. And so we're always happy to extend that conversation and let you know what we're trying to do in collaboration with HUP and the universities in our district. Thank you. Any questions? (No response.)
Thank you very much. MR. McPHERSON: Our next witness is Margaret Zukoski, Regional Director of PA Council of Children and Youth Services.
Good evening. Thank you for your patience. Is Cheryl Weiss here from Diversified Community Services? MR. McPHERSON: She left her 193 3/29/06 - WHOLE - BILL 060001, ETC. testimony.
Cheryl Weiss's testimony will be considered as part of the record. And, Shelly, we will submit your testimony as part of the record in its entirety. Thank you. Welcome again. Thank you for your patience. Identify yourself and begin your testimony. Thank you all.
Thank you very much. Good evening. I'm Margaret Zukoski, and this is Rhonda Rhone. We work at the Philadelphia Office of the Pennsylvania Council of Children, Youth and Family Services. I'm joined by Felix Montanez, who is the Director of Children Services at the Asociacion De Peurtorriquenos En Marcha, who is a member agency of the Pennsylvania Council. The Pennsylvania Council is a state-wide membership association 194 3/29/06 - WHOLE - BILL 060001, ETC. comprised of over 130 private agencies that contract with counties to deliver direct services to abused, neglected, delinquent and dependent children and their families. We are here today to urge members of City Council to approve DHS's funding year 2007 operating budget for $609 million. Your approval will ensure that funding is available to meet the increasingly complex needs of Philadelphia's most vulnerable children and their families. I'd like to take this opportunity to discuss the critical role the private child welfare providers have in delivering services in Philadelphia. At least 60 percent, or 70 of our members, contract with the Philadelphia Department of Human Services. Eighty-four percent of DHS's funding is designated for payment to private agencies for the delivery of direct services. These figures illustrate DHS's 195 3/29/06 - WHOLE - BILL 060001, ETC. confidence in and reliance on the private sector in delivering services to Philadelphia's children and families. DHS and its private providers share the same goals and sense of responsibility toward ensuring that our children and families have access to high-quality services. Pennsylvania Council members work closely with DHS Commissioner, Cheryl Ransom-Garner, and meet with her frequently with the purpose of discussing the improvement of services to our children and families. Our Council members provide a broad array of services, ranging from prevention services aimed at diverting children from entering the formal child welfare system, to secured detention facilities for juvenile offenders. For example, private providers who contract with DHS deliver direct services to approximately 14,000 children receiving non-placement services through family preservation and services to children in 196 3/29/06 - WHOLE - BILL 060001, ETC. their own homes; 7,000 Philadelphia children currently placed in community-based homes, emergency shelters, general foster care, kinship care, treatment foster care, medical foster care and group homes; 1,400 children placed in institutional settings such as residential treatment facilities; 7,000 children enrolled in after-school and youth development programs. We provide services to 6,000 parents and caregivers participating in parenting education programs, and over 1,000 chronically truant youth who are diverted from placement. Additionally, many of our member agencies are licensed to deliver educational services through approved private schools and to provide behavioral health services. In delivering these services, Pennsylvania Council members often subsidize DHS-funded services by using their own private dollars. A 197 3/29/06 - WHOLE - BILL 060001, ETC. Pennsylvania Council study conducted last year showed that a sample of 39 of our agencies in this region designated approximately $21 million to fill the gap between the actual cost of services and the contracted service rates offered by DHS. Generating private dollars through foundation grants and private donations is becoming increasingly more difficult, and providers can no longer rely on these private dollars to bridge the gap. On March 8, Commissioner Ransom-Garner provided testimony to City Council on both the changing demographics of the youth we serve and DHS's plans for new programming to address the changing environment. She noted that just a decade ago our foster care system was filled with very young children. Today, over 57 percent of the children entering placement are age 12 years old and older.
These older youth enter care with more complex behavioral, emotional and educational needs, and providers have 198 3/29/06 - WHOLE - BILL 060001, ETC. been making tremendous efforts to ensure that their needs are met, including working simultaneously to achieve permanency for them and to prepare them for independence and long-term stability. Providers continually have to recruit and train foster parents who are willing and able to care for adolescents. Foster parents are truly the heroes in our system. Providers have been invited by DHS to work with them in designing and implementing an older youth initiative which aims to enhance services to youth living in group homes. Everyone recognizes that we must focus more efforts on these children before they age out of the system. DHS also plans to implement an older youth diversion program for youth between ages 13 and 17. This program will provide intensive services to families of older youth who have reached a critical juncture where they want to 199 3/29/06 - WHOLE - BILL 060001, ETC. voluntarily place their sons or daughters because they can no longer cope with their behavior. Currently, DHS is also currently piloting a Rapid Service Response Initiative with the goal of helping families as soon as DHS investigators identify them as needing help. Pennsylvania Council wholeheartedly supports these new approaches. Ultimately they will reduce the number of youth who enter the formal child welfare system. The Commissioner also commented on the troubling rise in youth violence, noting that 10 percent of the victims of gun violence in Philadelphia are juveniles. This year, DHS implemented the Adolescent Violence Reduction Partnership in response to this trend. In funding year 2007, full implementation of AVRP will occur. Again, providers, private providers, are being called on to deliver this critical service. 200 3/29/06 - WHOLE - BILL 060001, ETC. In her testimony, the Commissioner also highlighted the significant successes that programs are demonstrating. Over the past several years, DHS and providers have achieved great success in reducing the numbers of dependent children in foster care, from 7,800 in funding year '03 to 6,700 at the end of December last year, a reduction of nearly percent. This dramatic 12 decrease in the number of children in 13 placement is due, in large part, to the 14 implementation of performance-based 15 contracting beginning in March 2003. Performance-based contracting in the foster and kinship care system has resulted in an 84 percent increase in the permanency rate and a 50 percent increase in stability of placements. Children are moving far less frequently than they did several years ago in stability and recidivism in placement as compared to 2002. Simultaneously, the numbers of 201 3/29/06 - WHOLE - BILL 060001, ETC. children entering foster care has decreased. This is attributable to the City's commitment to a broad array of community-based prevention services. Regrettably, the positive strides that have been made are now in jeopardy. The provider network on which DHS depends to deliver direct services is struggling, while the cost to do business, including skyrocketing insurance costs, health and general liability, energy, staff, travel and utilities, have not been commensurate with the rates that DHS pays us. Last year, agencies were not able to offer their staff salary increases and required greater contribution to health insurance. Not surprisingly, providers have seen a rise in staff turnover and are experiencing difficulty in attracting qualified staff. The families of children under DHS custody frequently are confronting multiple issues: Poverty, substance 202 3/29/06 - WHOLE - BILL 060001, ETC. abuse, domestic violence, mental illness and homelessness. Retaining experienced staff to work with these families is critical to achieving positive results for children. So why is this happening? Why are we falling behind?
In funding year 2005 and 2006, providers did not receive rate increases, even though the state allocated a two percent cost of doing business COLA in both years to DHS. In its funding year '07 budget, DPW again has included a two percent COLA for purchased services. We just learned today from Commissioner Ransom-Garner that she is committed to increasing service rates in 2007. This was very welcomed news. However, without an increase in our rates, providers will not be able to sustain services. If we have to go three years without an increase, many providers face going out of business. While this increase is truly appreciated, providers continue to ask 203 3/29/06 - WHOLE - BILL 060001, ETC. that DHS review all its rates for providers and make the appropriate adjustments that reflect the cost of living increases. As you work to make the budget numbers balance against the many competing interests and priorities that I heard today, the members of Pennsylvania Council urge you to support DHS's request for funding and thereby ensure that services are available to address the needs of our City's most vulnerable children. Thank you very much.
Thank you very much. We appreciate the work that you do, and your commitment to our children is obvious. We thank you very much. Councilwoman Tasco.
Thank you. In the last portion of your testimony, you talked about in 2005 and 2006 that the state had appropriated two 204 3/29/06 - WHOLE - BILL 060001, ETC. percent cost of living. Was that for each year?
Yes, we are. Well, I spoke to the Commissioner today and she said that she was working with the Mayor toward giving us rate increases and that they will not be across the board, but she will look at the dollars available and see what she can do for providers.
Did you all ask what happened to the 2005 and 205 3/29/06 - WHOLE - BILL 060001, ETC. 2006 dollars?
Essentially when DPW allocates the dollars to the City, they frequently do not or ever, I should say, meet the requests that are made by the City in the needs-based plan and budget. Whenever there's a shortfall in the amount the City requested from DPW, providers take the brunt of that shortfall.
So the state provided two percent for the department, but not specifically for your services?
The two percent in the state budget was designated for purchased services. And when DHS receives its allocation for the Office of Children, Youth and Families, as I understand it, the Office of Children, Youth and Families will go over with DHS 206 3/29/06 - WHOLE - BILL 060001, ETC. where the cuts occurred in their request and where the money that they're providing is available. It is then up to DHS to determine where the money goes. They do not necessarily follow the legislative intent.
Thank you very much. The Chair notes that Representative Mark Cohen is in the room. We certainly welcome him. As all of you know, he is the son, in addition to being the State Rep, he is the son of the late David Cohen, our colleague. He's always welcome. We invite him. If there is something you would like to say, you're always welcome. We note that you are here and we welcome you. Thank you. MR. McPHERSON: Our next witness is Bonnie Swint.
It's Bennie Swint and Tanya Bassknight. MR. McPHERSON: We have the 207 3/29/06 - WHOLE - BILL 060001, ETC. name wrong. Sorry.
Good evening. These are folks from West Philly, so we know them and we welcome them, and thank you. Please identify yourself and begin your testimony. Thank you. Sorry, Mr. Swint.
Madam Councilwoman Jannie Blackwell and other Councilmembers and staff, my name is Bennie, B-E-N-N-I-E, Swint, S-W-I-N-T. I represent Albert Christy Recreation Center located at the 5600 block of Christian Street, West Philly, District 6. I'm a Block Captain. I've been a Block Captain for ten years. I'm the Chairman of the Capital Improvement at the Recreation Center and Ms. Tanya Bassknight is the Co-Chairman, in which she will express the grave concern about the condition outside and inside the center, the need for capital improvement, and I'd like for you to prioritize our needs. Thank you very much. 208 3/29/06 - WHOLE - BILL 060001, ETC.
Good evening, Councilwoman Jannie Blackwell. Always a pleasure. It's been quite a long time since I've been in City Council hearings. I'm here today to represent the Albert W. Christy Advisory Council. I am the Second Vice-President. Today, our center is requesting services. We are requesting a gymnasium, restroom repairs, supplies, roof overhangs, gate replacements for safety reasons and to secure outside entrances of activities, replacement swings. We have missing swings. The playground area should always have swings for our children. The swing area is utilized by surrounding schools, the Harrity Elementary School, the Huey Elementary School and local daycare centers. Knowing your resources is one of the many keys to success. We ask you, 209 3/29/06 - WHOLE - BILL 060001, ETC. our Mayor and City Council members as our elected officials, to hear our concerns pertaining to recreation funding resources in this letter. On behalf of the Albert W. Christy Recreation Center Advisory Council, we present to you our concerns for our center and ask that capital improvement funding be included in the budget for funding to our center and recreation centers across the City. It is said there is always something better, a better place to live, a better job to have, a better car to drive. However, we as the Council of the Albert W. Christy Recreation Center, we strive to take care of what we have. We, the Albert W. Christy Recreation Center, in taking care of what we have, we have completed a Building Inventory Needs Assessment, which has been done so well by Mr. Bennie Swint and he has taken pictures and we have presented pictures of the center, of the bathrooms, of the roof overhangs, of the gate replacements. 210 3/29/06 - WHOLE - BILL 060001, ETC. We have also submitted a picture of a vision of what we would like to see for our gymnasium. My son, Wyatt Benson, he is here today to show to the surrounding area and members that are here today our vision. We also brought with us today pictures of the softball league, the community-inspired softball league, which we're going into our third season, just to show the activities that go on at the center. And we would like to also add that -- and, of course, you know. We have an epidemic in our City. There's an epidemic of killings, and it's pertaining particularly to our youth. Across the City, we've had 380 deaths last year, which 80 percent were children under 17. So we have stepped up our efforts in our community to combat this problem. So we as community organizations, we have come together, and we come together at that center, and we 211 3/29/06 - WHOLE - BILL 060001, ETC. need the center to be state-of-the-art. In order for us to continue to serve, we need for it to be in a better standard. So we ask you to urgently look at this, revise some committees, appropriate funds for us to get this. The gym is in the sum of $80,000. So we are asking for today 80,000 plus in order to get these needs addressed. I thank you today. (Applause.)
Thank you very much, and we thank all of those who are here with her. We've just been talking about Christy today, just today, and just in fact during this hearing. Our Recreation Commissioner is here. He hears you. You know we love you. You know we're committed to Christy, and we're going to do everything that we can. Thank you very, very much.
Councilwoman, 212 3/29/06 - WHOLE - BILL 060001, ETC. this package is for you.
Good afternoon -- good evening. It's quarter to 7:00.
Before you leave the table, I would just like to comment on your testimony in terms of the need for the recreation facilities. Maybe for about the past ten years or more, the Councilmembers have been given a $1.2 million budget for each district to spend on their recreation facilities in their district, and that way, you can pretty much predict what you want to do, where you want to do it. We've been able to build two centers in the Ninth District because we captured those, knew how much money we were going to have, captured that money, got matching dollars from the state. We 213 3/29/06 - WHOLE - BILL 060001, ETC. built a state-of-the-art rec center up in Mt. Airy and we expanded the Simons Recreation facility and the Finley Recreation facility. We passed the budget in 2005 for the same amount of money. It was voted on by the voters of the City of Philadelphia for us to receive our $1.2 million. The Mayor decided that only the District Councilpeople could spend $500,000 in their district. The money is sitting in the budget. We are now faced with passing another budget with the cut for the districts. The money for 2005 is there. It is for us to spend, but there for some reason is no -- he does not want us to have that money in our districts. I think it's unfair to those people who live in the community, who went to the polls, voted for the money, and we voted on the issue in City Council that we would get $1.2 million and we're being asked to only take $850,000 for our district, which I think is silly and 214 3/29/06 - WHOLE - BILL 060001, ETC. disgraceful, when the money is sitting there, and it is our money. I am not going to ask my people and explain to my people how I take $850,000 when there's 1.2 million sitting there. And those are the questions you all should ask of your Councilpeople, why would they take that 850 when 1.2 is there. It's not like it's not there. And it's been appropriated for, and you can use it in your district. And you work with the Recreation Commissioner. He's a good Recreation Commissioner. He finds dollars to help you with your rec center. For some reason, I don't understand why these new shenanigans are going on. Sorry, Madam Chair. I just had to exercise my frustration, because I'm totally frustrated. (Applause.)
Thank you. And we agree that we have an excellent Recreation Commissioner. We're 215 3/29/06 - WHOLE - BILL 060001, ETC. all committed. We have wonderful people like this who have come down, who have taken time out of their busy schedules to come here and patiently sit and deal with their needs, and certainly we do support them in all that they want to do, and we thank you.
Thank you so much. MR. McPHERSON: The next witness is the Reverend Paris Bowen. (No response.) MR. McPHERSON: The next witness then would be Percy Rosales. (No response.) MR. McPHERSON: Okay. Phil Johnson, Marsha Wilcliff. (No response.) MR. McPHERSON: Robert Davis. (Applause.)
Good evening. We do thank you for your patience, and we ask that you identify yourself for the record and begin your 216 3/29/06 - WHOLE - BILL 060001, ETC. testimony.
My name is Bobby Davis. I'm President of Local 696, but the reason why I'm here today is more of concern about public issues that we are facing in the Clerk of Quarter Sessions. So I guess I'll be playing a dual role here. I'll be also supporting them as President of Local 696, District Council 33, but also I have concerns as a taxpayer.
I see someone has a sign that says -- what does that say back there? Stress? Cheese and rice. We know a little bit about that up here. But thank you all for coming. Thank you.
First of all, I want to give greetings, Madam Chairwoman Jannie Blackwell, greetings to our distinguished City Council members.
We thank you for 217 3/29/06 - WHOLE - BILL 060001, ETC. the opportunity to present our concerns relating to the Office of the Clerk of Quarter Sessions. The Clerk of Quarter Sessions with their necessary clerks, and I emphasize necessary, was established in each of the counties of Pennsylvania by William Penn's Frame of Governing of 1682. The powers, functions and duties of the Clerk of Quarter Sessions are prescribed by the state statutes of Pennsylvania and the local ordinances of the Philadelphia City Council. Under current laws, Quarter Sessions serves the criminal courts of Common Pleas and Municipal Court, as well as the Juvenile Division of Family Court. Its clerks record, index and file all the bills of information and transcripts of Municipal Court. They post dockets, take bail imposed by judges, enter judgments upon bail forfeitures, issue bench warrants, collect fines, costs imposed by the 218 3/29/06 - WHOLE - BILL 060001, ETC. courts, record on bills of information or criminal transcripts the decisions of the courts, issue commitments or discharges for the defendants and, when necessary, answer numerous inquiries from prisoners, attorneys and judges. The Clerk's office also expedites matters such as petitions for writs of habeas corpus, appeals from convictions, issuance of private detective licenses and other miscellaneous matters. In serving the Juvenile Division of Family Court, the Clerk of Quarter Sessions handles all matters relating to the court case files, including sending subpoenas to witnesses and notifying attorneys of court dates and activities. I want to emphasize this paragraph. The clerk's standing, however, is founded not on the threat of contempt, but rather on the duties of his office. Only the clerk of courts, not the common citizen, has had the 219 3/29/06 - WHOLE - BILL 060001, ETC. responsibility conferred upon him by the Pennsylvania Constitution to maintain court records for public access. And this is listed under the Pennsylvania Constitution Schedule Article 5, Section 7 15.2. The particulars of this constitutional duty are established in the Judicial Code 3. They are also addressed in the Pennsylvania Rules of Criminal Procedure, which directs a clerk of courts to maintain the criminal case files for the Court of Common Pleas and a list of docket entries based on the Pennsylvania Rules of Criminal Procedures 113(A) and (B). The duties are conferred on the clerk of courts by our Constitution, by our legislature and by Supreme Court. To be effective, the Direct Court Services Unit need to keep enough properly trained court clerks on its staff who will provide services to the requisite criminal court system in a 220 3/29/06 - WHOLE - BILL 060001, ETC. competent manner. Additionally, the Direct Court Service Unit must have a quality review process to ensure the qualitative aspects of its objectives. Our concern is for the continuous violation that exists in our courtrooms every day. These violations could ultimately compromise the safety of the citizens of Philadelphia. The powers, duties, the responsibilities of the Office of the Clerk of Quarter Sessions are outlined in the following. Just for the sake of time, you have that list.
So what we'll do is just note that the list that we're referring to is in the Pennsylvania consolidated statutes, the Pennsylvania Code, the Pennsylvania Constitution. In 1992, the Controller's office did an audit of the Office of the Clerk of Quarter Sessions and found that 221 3/29/06 - WHOLE - BILL 060001, ETC. it violated many of the above laws. In their brief, the Clerk of Quarter Session through its DCSU does not effectively serve all criminal courts. Many criminal hearings held, particularly those in Common Pleas and the Municipal Court, did not have a court clerk assigned to the courtroom. Assignment practices and violations, legal requirements, this also was noted. To cope with the shortfall of the court clerk coverage, the DCSU management simultaneously assigned one court clerk to more than one criminal hearing in different courtrooms. That has to stop. That has to stop. (Applause.)
Such a court practice violates the legal intent of City Council Ordinance 275. The ordinance compels the clerk to be present at all times during criminal trials. That's not when they need somebody there, but to be present at all times to make 222 3/29/06 - WHOLE - BILL 060001, ETC. sure that they are able to get the information needed for them to be able to perform their job. It states that. The Clerk of Quarter Sessions assigns a court clerk to each court of record who shall be present at all times during the trial. Managers interpret this statement to mean that a criminal hearing cannot technically occur without a presiding judge and a court clerk. (Applause.)
Yet, as an agency, Quarter Sessions has made no formal policy of this interpretation and in fact has not even complied with it. During this audit, the Clerk of Quarter Sessions had 79 court clerks. That was in 1992. Since this period, the number of judges has increased, the number of court cases has increased, and yet the number of court clerks decreased to present 63. This is a disaster waiting to happen, and in 1998, it did. Warrington versus the City of 223 3/29/06 - WHOLE - BILL 060001, ETC. Philadelphia. Warrington should have been our wake-up call. We should not have to find ourselves with a lawsuit against the City of Philadelphia as a result of someone's death created by an oversight due to violations of said laws. In addition to the law violations, we are concerned that the Mayor's Statement of Policy also bears some attention. The Office of Clerk of Quarter Sessions is predominantly females. Not providing them with the necessary means to perform their duties and responsibilities according to the law is a violation of equal opportunity. Philadelphia Home Rule Charter, Section 7-302, a civil service system to be effective requires the cooperation of all officers and employees and their complying with the civil service regulations. This section imposes mandatory general and specific duties of such cooperation and such compliance upon all officers and all employees. No one 224 3/29/06 - WHOLE - BILL 060001, ETC. is exempt. Civil Service Regulation 24.01, the working conditions: The Director, in cooperation with other City officers, shall be responsible for the development and operation of programs to improve the work effectiveness and the morale of employees in the City, including safety, health, welfare, recreation and labor relations, including grievances and hearings thereof. I say we are going backwards. Any time we start off with 79 clerks and we're down to 63 and only 53 are in the room and yet we got more judges than we can service and yet they're being criticized for the work they do, I think it's unfair, and something should be done about it soon. (Applause.)
We must and will hold the City of Philadelphia responsible for 26.01, responsibility for training. The state is getting ready to issue a 225 3/29/06 - WHOLE - BILL 060001, ETC. system that will become mandatory, and because of the shortness of staff, we won't be able to be adequately trained. According to this regulation, the Director shall foster and develop, in cooperation with appointing authorities in other programs, for the improvement of employee effectiveness. I won't read the rest of it. It's in front of you. In the near future, the Office of the Clerk of Quarter Sessions will be met with the Herculean task of providing training for the Case Management System. Without some additional staffing, it will be impossible to provide the much-needed training. The CMS system will be a state requirement. The court clerks are overwhelmed, overworked, understaffed, stressed. As stated in a letter from the Honorable Vivian T. Miller, the Clerk of Quarter Sessions, dated January 16, 2002, addressed to then Budget Director Robert 226 3/29/06 - WHOLE - BILL 060001, ETC. Dubow, she clearly states that her concern for the tremendous amount of stress being experienced by the court clerks. In addition, Ms. Miller states that due to the shortage of court clerks, the office is unable to grant vacation time. Therefore, morale is low. (Applause.)
Why wouldn't it be? If you are a lot of females and you're sitting in that court and you got to listen to a lot of the things that go on in that court and you can't take a break, at some point you will break down. (Applause.)
In 2002, Ms. Miller sent a letter to City Council stating that many assignments now require some courtrooms with two clerks, but due to the budget cuts over the years, only one is now assigned. She also stated it is clearly difficult for court clerks to keep up pace with the speed and volume with the cases handled during the course 227 3/29/06 - WHOLE - BILL 060001, ETC. of a normal day, requiring them to stay many hours on overtime, but yet they can't have any vacation. (Applause.)
The lack of clerks has been the source of some criticism by judges, as well as some defense attorneys. Because of present staffing, the level is not efficient enough to process prisoners in and out of the system in a timely manner, creating additional transportation and housing costs. It is costing you money on both ends. The problem becomes what end do you want to spend it on. The timely discharge of a defendant when appropriate is his or her constitutional right and should have the highest priority. What is even more frightening is statistics reported by Ms. Miller in the same letter. The numbers of misdemeanor/felony cases filed have increased from 43,000 in 1997 to more than 65,000 in 2001, and to date, that 228 3/29/06 - WHOLE - BILL 060001, ETC. number is now 80,000. (Applause.)
The increase in processing criminal cases has had a profound impact on our staff, our ability to perform our duties as court clerks in the criminal justice system. The threat of replacement by at-will employees adds extra pressure to a job that requires focus and concentration. It takes knowledge, skills and ability to do this job. Public safety is an issue. Because of the shortage, it would be difficult for court clerks to get the required proper training. We cannot afford errors, mistakes and employee turnover. These are some of the conditions that come about because of the undue stress related to the job. Employees who are committed to doing their job properly are forced to work under conditions such as no lunch, mandatory overtime, time off being denied, and the increase in the volume of 229 3/29/06 - WHOLE - BILL 060001, ETC. work all adds to low morale and contribute to employee turnover. Actually, some employees leave before probation is over and others just take a demotion and go elsewhere. (Applause.)
Judges have been increased. Court clerks need to surpass the amount of judges to give us the advantage we need in order for us to fully perform the duties that are mandated by law, Ordinance 275. These public safety issues create many dangers. For example, a commit and retain may be required without a court clerk in the room with knowledge that this order is needed. It may allow a defendant to be released on society. Often a separation order may be needed to keep one defendant from causing the death of another. A discharge may be required, and if not written, a defendant may be detained unduly and create a situation like the Warrington lawsuit. Our caseloads have 230 3/29/06 - WHOLE - BILL 060001, ETC. increased, but not the number of court clerks. To fully service the court system needs, our Quarter Sessions management must assign a court clerk to all criminal proceedings. The DCSU failed to provide needed court clerks at hearings and this, in turn, caused delays in trial proceedings as well as a complete courtroom shutdown. In closing, we would like to express our understanding of the budget issues facing this City. However, we expect everyone to obey and respect the laws that govern each one of us. To continue not to provide the necessary means allowed by law to the Office of the Clerk of Quarter Sessions to perform their duties and responsibilities is negligent. (Applause.)
The function of City Council influence a wide range of 231 3/29/06 - WHOLE - BILL 060001, ETC. public affairs in Philadelphia and directly impact the quality of life for its citizens. We are looking to City Council to help restore the confidence and trust to the Office of the Clerk of Quarter Sessions. (Applause.) (Standing ovation.)
Thank you for your testimony. We feel awful about you having to come out here -- you're already overworked and tired -- to make sure that we hear your concerns, but we hear you. And your Clerk of Quarter Sessions, Vivian Miller, has said as you have stated here. Year in and year out she comes here crying for help during the budget process, and we have agreed with her. We agreed with her when she's come here, and we have said that we agree that she needs help. And you really, really brought it home to us. So it's one of those issues that we will reiterate -- I'm sure 232 3/29/06 - WHOLE - BILL 060001, ETC. somebody from the Mayor's office is listening -- that we will reiterate where help is needed. As Councilwoman Tasco says, we can appropriate, but we can't spend. But we will certainly let the Administration know how concerned you are and how concerned we are, because we believe in you. We know that you get it done, and we couldn't survive without you, and we're really, really regretful that it is just awful that you have to work under these conditions. So we say thank you for all you've done, and we're with you and we're going to do our best to try to get some help. (Applause.)
Thank you very much. Are all these positions civil service positions?
Have you lost a number of employees to the DROP program?
Thank you. We appreciate your hard work, and we hear you loudly and clearly.
The question is, we keep hearing the message over and over again, but there's nothing done about it. That's the shame of it all. Thank you. (Applause.)
Thank you again, all of you, for coming and for 234 3/29/06 - WHOLE - BILL 060001, ETC. being here.
-- that many of our employees are facing some serious health conditions. I didn't have that in my presentation, and I just want to make note of that. Because once I met with them today to give them an outline of the presentation, I'm certainly not in a position to talk about people's health issues, so I wanted to be very careful about that, but I was informed that it was okay with most of them to share that with you. And so I want to make sure that -- we're talking about people who normally were in good health and because of the stress now are facing a high blood pressure situation, medication, things that will be needed for them to now have to be on maintenance-type drugs for the rest of their life because of what we're 235 3/29/06 - WHOLE - BILL 060001, ETC. dealing with here. So I just want to make that part of the record, and also thank the Councilpeople for allowing us the opportunity to speak before you today.
Thank you very much. God bless you all. Thank you.
Same to you. MR. McPHERSON: The next witness is Donna Morrissey. (No response.) MR. McPHERSON: Donna Morrissey. (No response.) MR. McPHERSON: Lance Haver.
Is there anyone who would like to speak other than Mr. Haver? (No response.)
Okay. Thank you. Mr. Haver. This will be our last witness 236 3/29/06 - WHOLE - BILL 060001, ETC. for tonight. We thank you all for your patience. Mr. Haver, we thank you for the excellent job you do for us as well.
Thank you. Thank you very much, Councilwoman, for staying late and listening.
I'm here testifying as an individual and not in my official capacity. I have testimony --
Excuse me one moment. Could we have a little quiet. Thank you. Thanks, Mr. Haver.
I have testimony, but the hour being late, I'm just going to excerpt it, if you don't mind.
Thank you. We will submit your testimony in entirety for the record.
I'm here this 237 3/29/06 - WHOLE - BILL 060001, ETC. evening to urge Council to change the focus of the budget discussion from what taxes can be cut to how do we improve the quality of life in Philadelphia.
If the only thing that mattered to citizens is how much they pay in taxes, then Bismarck, North Dakota, one of the American cities that has extremely low taxes, would be America's most populus city. It is not. New York City, where people pay far more to live than in Philadelphia, is the most populus. It is not just and only about taxes. The truth is, there is not a single academic or scientific study that indicates that taxes are the number one consideration that a person, family or even business uses when deciding where to live or locate. In fact, Philadelphia's recent history shows just the opposite. We have Keystone Opportunity Zones, which are tax-free, where there is no 238 3/29/06 - WHOLE - BILL 060001, ETC. development, and we have Center City Philadelphia, which surcharges, actually adds additional taxes, to its businesses that has seen the greatest economic expansion in the City. My testimony this evening is an attempt to get Council to begin thinking about newer ideas and to reject the failed policy of focusing solely on taxes. If we all agree that we want to bring new businesses into the City, then we should create a tax code that does just that. We should draw from our past successes. The real estate tax abatement, at least in part, has helped jump start the real estate development in the City. Now in fact we have the opposite problem. Housing prices are climbing so quickly that many families are being priced out of the market. Council should consider cutting back on the real estate tax abatement and creating one for start-up business. Let us give the start-up businesses a 239 3/29/06 - WHOLE - BILL 060001, ETC. three-year tax abatement and paying for it by cutting the real estate tax abatement by three years. If we want to help small businesses compete with large corporations that send their profits out of the City that have no allegiance to Philadelphia, then we ought to create a tax structure that helps small businesses more than large ones that don't need any help. And we must do that within the constitutional uniformity clause. We should consider a homestead exemption on the first hundred thousand dollars in sales. This will give the greatest savings to the smallest businesses, allowing them breathing room to grow. We can pay for such a tax break by taxing windfall profits that are created when we change the zoning on a parcel of land. For example, if when the zoning is changed on a waterfront property the value goes from million to 10 million, that $9 million windfall 240 3/29/06 - WHOLE - BILL 060001, ETC. profit is unearned and untaxed. It is also unfair. We should tax such windfalls and pay for the homestead exemption for small businesses. In closing, let me reiterate a discussion that focuses on cutting taxes, not the quality of life, is the wrong discussion. It does not help Philadelphia. When families decide where to live, when businesses decide where to locate, taxes are only one part of many considerations. To make it the only consideration is shortsighted and a disservice. Thank you for staying this evening.
Mr. Haver, I have always had a lot of respect for you, and I certainly look forward to maybe having a private discussion to further talk about some of the issues you raise. I believe your head and heart are in the right place, and certainly we want to pursue some of 241 3/29/06 - WHOLE - BILL 060001, ETC. these ideas more in detail, if that would be acceptable.
Of course. Thank you, Councilwoman, but I didn't want to keep you.
Thank you very much. Thank you all and good night. Thank you. This Committee will be recessed until Tuesday, April 4th at 10:00 a.m. when we will hear the School District. (Committee of the Whole adjourned at 7:10 p.m.) - - - 242 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on March 29, 2006, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)