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Minutes

Stated Meeting, December 6, 2018

Philadelphia City CouncilDec 6, 2018

People mentioned

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

Organizations mentioned

Councilman Henon

It has been moved and properly seconded that the resolution be adopted. All in favor signify by saying aye. (Aye.)

Councilman Henon

Opposed? (No response.) Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING

Councilman Henon

The ayes have it. The resolution is adopted.

Chief Clerk

Resolution No. 181053, entitled a "Resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Seventh Ward of the City of Philadelphia," introduced by Councilwoman Sanchez.

Councilman Henon

The Chair recognizes Councilwoman Sanchez.

Councilwoman Sanchez

Thank you, Mr. Chair. I move for its adoption. (Duly seconded.)

Councilman Henon

It has been moved and properly seconded. All those in favor signify by saying aye. (Aye.) Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING

Councilman Henon

Opposed? (No response.)

Councilman Henon

The ayes have it. The resolution is adopted.

Chief Clerk

And Resolution No. 180672, entitled a "Resolution appointing H. Hetherington Smith to the Board of Directors of the Center City District," introduced by Councilman Squilla on behalf of Council President Clarke.

Councilman Henon

The Chair recognizes Councilman Squilla.

Councilman Squilla

Thank you, Mr. Chairman. I move for the adoption. (Duly seconded.)

Councilman Henon

It has been moved and properly seconded the resolution be adopted. All those in favor signify by saying aye. (Aye.)

Councilman Henon

Opposed? (No response.) Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING

Councilman Henon

The ayes have it. The resolution is adopted.

Chief Clerk

And Resolution No. 180674, entitled a "Resolution appointing Paige Jaffe to the Board of Directors of the Center City District," introduced by Councilman Squilla on behalf of Council President Clarke.

Councilman Henon

The Chair again recognizes Councilman Squilla.

Councilman Squilla

Thank you, Mr. Chairman. I move for the adoption of the resolution. (Duly seconded.)

Councilman Henon

It has been moved and properly seconded that the resolution be adopted. All those in favor signify by saying aye. (Aye.)

Councilman Henon

Opposed? (No response.)

Councilman Henon

The ayes have it. The resolution is adopted. Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING

Chief Clerk

And Resolution No. 180919, entitled a "Resolution confirming the reappointment of Sanjuanita Gonzalez as a member of the Board of Ethics, to serve in the term ending November 16, 2023," introduced by Councilman Henon on behalf of Council President Clarke.

Councilman Henon

The Chair recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Mr. Chairman. I move the adoption of the resolution. (Duly seconded.)

Councilman Henon

It has been moved and properly seconded that the resolution be adopted. All those in favor signify by saying aye. (Aye.)

Councilman Henon

Opposed? (No response.)

Councilman Henon

The ayes have it. The resolution is adopted. Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING

Chief Clerk

And Bill No. 180741-A, entitled "An ordinance amending Section 10-840 of The Philadelphia Code, entitled 'Criminal and Defiant Trespassers,' to clarify and modify applicable definitions, penalties, and procedures, and to make certain technical changes."

Councilman Henon

This bill having been read on two different days, the question is shall the bill finally pass. Chief, would you please read the roll.

Chief Clerk

Councilwoman Bass.

Councilman Oh

Mr. Chairman, I'd like to be heard on the amendment.

Councilman Henon

The Chair recognizes Councilman Oh.

Councilman Oh

Thank you very much, Mr. Chairman, and I know we're about to vote. I just wanted to and I feel that I have to respond to the Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING statements that were made. This city has had for many years a problem with criminal squatters, not breaking into abandoned homes or vacant homes but occupied homes, and those residents have reached out numerous times to our City officials. These homeowners were answered by this Council when we passed a bill that provided them with the opportunity to simply get before a civil judge faster. When they call the police and the police don't act, their option only is to go to civil court, but that process takes eight to 14 months. Meanwhile they're out of their home. The bill that we passed provides them nothing more than an accelerated date to get into a courtroom. The bill that has been talked about today would derail that and prevent the homeowner from getting into court faster. There's nothing more that happens than preventing a homeowner from Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING getting into court faster. Someone said read the bill. I will read the bill. A criminal and defiant trespasser, a person who is not an owner of the subject residential property. That's what the current law says, but -(Audience member speaking out.) (Applause.)

Councilman Oh

You can listen. So that is what the current law says. Adding to that under this bill, the person is not a victim of domestic violence, sexual harassment or stalking by the owner or another person who recently lived or is living with the victim in the residential property. And because it's in the definition, no homeowner can use this ordinance to get a court date within five or ten days, because no homeowner can say when they fill out the affidavit to get a quick court date that they know that the person who is illegally occupying their home was Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING not harassed or stalked by someone else who is in their home illegally. They can't do that. The other thing that this bill says is that if the individual in their home claims that they made what they believe to be a reasonable good faith payment to a person who said they were renting that home, then again this expedited process cannot be used. This process is not criminal. It is not even the civil process. It is just a question whether the homeowner has to stand outside their home while someone occupies their home with their possessions, denying them access for eight to 14 months or whether they should go before a judge as soon as possible within 30 days, five days or ten days and have a judge sort it out. The affidavit that the homeowner has to sign includes the fact that they conducted a reasonable or included an investigation, because if the Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING person who is in the home claims to have a reason, a legal reason, to be in the home, you can't get in front of a court judge quickly. You have to go the long route, eight to 14 months. In addition to which, this bill creates a private right of action. So who would use this bill? In other words, if you're the homeowner, you call the police, the police don't act, now instead of going eight to 14 months, you try to use the ordinance that we passed, and when you use it and you go to court, if the judge finds that the person in your home who has refused to leave is a person who is not -- decided for them to leave your home, but has not declared that they are themselves a criminal squatter, then it creates a private right of action against the homeowner. And so, again, the homeowner would not use this ordinance to try to get their home. So I would just say that the bill that we passed that exists provides Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING simply a quicker route to get in front of a judge, but this bill -(Audience members yelling out.)

Councilman Oh

-- will end up causing the homeowner to have to abandon an accelerated court date and go through a process of eight to 14 months. Thank you. (Audience members yelling out.)

Councilman Henon

Again, this bill has been read on two different days, the question is now shall the -- the Chair recognizes Councilwoman Parker.

Councilwoman Parker

Thank you, Mr. Chair. Mr. Chairman, I gave my word, and I keep my word, to one of my colleagues that I was going to be as calm, Councilman Jones and Councilwoman Gym, as I possibly could, and I'm going to do my best, because you all know how I feel about keeping my word, but you know what's been rising up inside of me as I sat here, listened to my constituents, residents of our great City of Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING Philadelphia. Doing the greatest thing that they can do is access democracy by using their voice as a tool for economic justice. (Applause.)

Councilwoman Parker

My grandmother would say, inside voice. I told you to use your inside voice. Mr. Chairman, since I introduced this bill, Bill No. 180741, it has been faced with a Facebook lobbying and Twitter posting mis-education that has intentionally misrepresented the facts about what this bill does. (Applause.)

Councilwoman Parker

I want to start with homeownership. The City of Philadelphia has approximately a 52 homeownership rate, and I represent a district that has a 64 percent homeownership rate, and in some of my regions, it's as high as 74 percent. So there's no one who can claim homeowner supreme on me. Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING I represent homeowners in the City of Philadelphia, but I also represent winners. I represent winners and homeowners who have also found themselves to be victims, victims of fraud. When you take your hard-earned money and you look at a good listing and someone tells you the home is available and you say, here's my first week and here's my last week and here's my security, and then two weeks later, someone comes who is the actual legal owner and they say to you, I never intended to rent this property to you, I'm the real owner, you have to vacate the premises. That's very unfortunate, and I know there are some people who would like to think that it's a hypothetical that never occurs, but you work and walk through neighborhoods throughout the City of Philadelphia where unscrupulous Philadelphians or others do exactly what I just described. Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING I quickly want to address a few rumors. And to my colleagues, I'm working on it, Councilwoman. I'm going to address some of these rumors, and I'm going to call them what they are, which are lies, and they've been percolating about my bill. So what we're going to do today is to see whether or not the Facebook posted, Twitter announcements, if that fake news that you thought was only moving about in Washington, DC but has dominated social media outlets right here in the City of Philadelphia relative to this bill, we are going to see whether or not the fake news wins out or whether or not the facts matter, because that's what my colleagues and I are elected to do. We don't deliberate Facebook posts. We don't deliberate on Twitter postings. We deliberate on facts that are presented before us. This bill does not undermine the existing bill on squatters. Next, Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING it's not soft on crime. It very delicately balances protecting rightful home dwellers and victims of fraud while ensuring that those who trespass or break into someone's home will still face fines and imprisonment. The bill does not create a loophole where someone can just claim to be a victim of domestic violence and that's their get-out-of-jail-free card to squat. In this era of this Me Too era, where women's voices are finally being heard and people are telling them that we will listen, it is offensive, deeply offensive, to say that there are instances of false accusations of domestic violence just like the instances of false rape accusations and do they occur in hand, but we have a Police Department and a team of investigators whose job is primarily to do that, investigate whether or not there is credibility in any allocations. Second, the law's language Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING makes it clear that it only protects victim of domestic violence living in the same household as an owner or someone who recently lived there. This is so the law can't be weaponized against an abuser to illegally evict their victim. Now, that might sound strange to someone else, but until you walked a mile in the shoes of a woman or a man who has been abused, don't attempt to teach and preach about what you don't know. (Applause.)

Councilwoman Parker

Finally, finally, this claim is offensive because the Police Department again will investigate. Next, let's talk about victims of residential lease fraud. Councilwoman Reynolds Brown, I know your advocacy is for our senior citizens, and if you want to feel the pain of a constituency that's been negatively impacted by this, I want you to talk to a senior citizen who experienced what I just described Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING earlier, when they know that they can no longer maintain the house that they worked hard for and they say I have to downsize because I can't -- my arthritis is acting up, I can't walk up the steps, I need something on one level, and they go to rent and they learn that they've been scammed. Those are the people who we have to make sure that we are protecting. And it's not sexy. Let me say that too about this bill. This bill is very complex. It's very legally nuanced, and if you are not paying attention, if you're reading Facebook and you're reading Twitter, but you're not seeing the language that's included in this bill, you can be enticed. You know, you can be enticed to think this is in the best interest of the public. I'm going to finally conclude with this: All I have to say is if you vote for this bill, you're not gutting the existing bill. If you vote for this Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING bill, you're not creating loopholes. And if you vote for this bill, you're protecting homeowners and their most valuable asset, which is their home. And we've been doing too damn much in this body on home preservation to think that we would pass a law where we're not going to try to help people preserve what they have. Next, if you vote against this bill -- and this is where my ten District Councilmembers -- and I hope you hear me well, and I know for those of you who I talked to about this bill, you will. You are voting against homeowners with tangled titles. Now, I know you all think that some and most in the City when they pass away, they have a will and an executor of their estate, and if they have five kids or one child or nieces and nephews, they very specifically outlined how their property should be distributed amongst their loved ones who are left, but if you Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING think that kind of privilege is accessible to all of the people in the City of Philadelphia, again, you're talking about a process that you don't know anything about. The reason why SeniorLAW, the reason why CLS, and the reason why the Public Interest Law Center, along with the Tenants Union, why their advocates, who were so important for them being here today -- and I want you to know this. I'm a Councilperson and as the late John Myers told me, my job is to fix things, and there is nothing more frustrating when somebody comes to me with a problem and I can't fix it. It's because we can't give legal advice, and it's illegal for the attorneys who work for individual Councilmembers to give legal advice. You know where I send them? Because my people can't go to the big guys downtown. I send them to CLS. I send them to SeniorLAW. I send them to the Public Interest Law Center. And let me tell you Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING one thing. I'm going to take their advice of that constituency that I just described over some fake sexy news and some folks that you -- and I felt so bad for the people. Some of them are new who came here to testify today and knowing that I'm listening to them and they're talking about things that are not accurate. Don't support this damn fake news. Support the facts. That's what we do here. (Applause.)

Councilman Henon

The Chair recognizes Councilman Green. (Audience members chanting.)

Councilman Henon

The Chair recognizes Councilman Green.

Councilman Green

Thank you, Mr. Chair. I was not intending to speak on this piece of legislation. However, there's a lot of passion on both sides of this issue, and I thought it was important that I offer some words on this legislation, because I did vote for Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING Councilman Oh's bill. I'm glad that Councilman Oh took the initiative on this issue, because some years ago when I had a little more hair, before I joined Councilwoman Tasco's office, I was an attorney representing the Office of Housing and Community Development and there were numerous situations where there were people who were squatting in properties owned by the City of Philadelphia that we could not get the police to move forward on those squatters. And so this is definitely an issue. There are a number of victims throughout the City of Philadelphia who have been victimized, who have owned their own properties and someone has come into those properties. And so the process that Councilman Oh started in this legislation is a good one and is one that I'm glad we have. However, there are certain people that should not be defined as Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING criminal trespassers, and I look at the legislation and I read the legislation. I'm an attorney. I've been practicing for over 20 years. I spent a lot of time looking at this legislation. I've had conversations with sponsors of both bills, but there are certain people that I do not believe should be defined as criminal trespassers, and because of that, that's why I'm supporting Councilwoman Parker's legislation. (Applause.)

Councilman Green

There are still opportunities if you are a homeowner that you can go to the expedited route as detailed by Councilman Oh's bill. What Councilwoman Parker's legislation does provides some areas for individuals who should not be defined as criminal trespassers to not be defined as such in order to have some relief. To me this legislation is an opportunity to combine both sides, because there are victims of housing fraud, there are Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING victims who have owned their home and have had someone come into their home and squatted in that property. However, there are also other victims who are domestic violence victims, tangled title issues and others that we should give relief. And although I did vote for the bill originally with Councilman Oh, I support Councilwoman Parker's amendment after reading and spending time reading the legislation and thinking about the legislation, and for that reason, because I've worked for a District Councilperson for 13 years, so I understand that perspective, but I'm also an at-large Councilperson representing the entire City of Philadelphia. Thank you. (Applause.)

Councilman Henon

Thank you, Councilman. Mr. Decker, would you please start the roll, please.

Chief Clerk

Councilwoman Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING Bass.

Councilwoman Bass

No.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

I'd like to be recognized to speak on this bill. Let me say that I have supported Councilman Oh's bill. I told him as recently as last night and this morning that I would be with it. I believe that he's honest and sincere on his, and obviously Councilwoman Parker is as well. I don't like to switch my positions once I've given my word. I apologize to Councilman Oh and I'm sorry, because this is one of them I don't believe in introducing legislation against my colleagues either. So this is very, very difficult for me. And I'm sorry. And granted I've been involved in a lot of other issues, so I will admit I'm the first one to admit on this that I Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING have not been as close to it as I should, but I'm afraid to vote against this bill. And so, Councilman Oh, pardon me. I'll support this legislation. Thank you. (Applause.)

Councilman Henon

So is there any other member that wishes to speak on this before -- I'm going to reset and start the bill over on the roll call after being heard twice. Is there any other member that wishes to speak on this Bill 180741-A? (No response.)

Councilman Henon

That being said, Clerk, this bill after being read on two separate days, the question is now shall the bill pass finally. Would you please read the roll.

Chief Clerk

Councilwoman Bass.

Councilwoman Bass

No.

Chief Clerk

Councilwoman Blackwell. Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Domb.

Councilman Domb

Nay.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilwoman Gym.

Councilwoman Gym

Aye.

Chief Clerk

Councilman Johnson.

Councilman Johnson

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

No.

Chief Clerk

Councilman Oh.

Chief Clerk

Councilwoman Parker.

Councilwoman Parker

Aye.

Chief Clerk

Councilwoman Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING Quinones-Sanchez.

Councilwoman Sanchez

No.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Squilla.

Councilman Squilla

No.

Chief Clerk

Councilman Taubenberger.

Councilman Taubenberger

Aye.

Chief Clerk

Council President Clarke is voting aye. Councilman Henon.

Councilman Henon

No.

Chief Clerk

The ayes are 10; the nays are seven. (Applause.)

Councilman Henon

Mr. Decker, would you please read our next ordinance.

Chief Clerk

Bill No. 180978-A, entitled "An ordinance amending Title 10 of The Philadelphia Code, entitled 'Regulation of Individual Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING Conduct and Activity,' Chapter 10-800, 'Safety,' by adding a new Section 10-841, 'Fraudulent Leasing of Residential Property,' prohibiting conduct related to the fraudulent leasing of residential property."

Councilman Henon

This bill having been read on two different days, the question now is shall the bill pass finally. Chief, would you please read the title and start the roll call, please.

Chief Clerk

Councilwoman Bass.

Councilwoman Bass

Aye.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Domb.

Councilman Domb

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilwoman Gym.

Councilwoman Gym

Aye.

Chief Clerk

Councilman Johnson.

Councilman Johnson

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Oh.

Chief Clerk

Councilwoman Parker.

Councilwoman Parker

Aye.

Chief Clerk

Councilwoman Quinones-Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING Squilla.

Councilman Squilla

Aye.

Chief Clerk

Councilman Taubenberger.

Councilman Taubenberger

Aye.

Chief Clerk

Council President Clarke is voting aye. Councilman Henon.

Councilman Henon

Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. Clerk, would you please read the title of our next bill.

Chief Clerk

Bill No. 170854-A, entitled "An ordinance amending Section 9-804 of The Philadelphia Code, entitled 'Unfair Rental Practices,' to require good cause for certain residential evictions and to provide for -(Applause.)

Councilman Henon

This bill Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING being read or have read on two different days, the question now is shall the bill pass finally. Chief, would you please -- the Chair recognizes Councilman Jones.

Councilman Jones

I've got to say that this probably is one of the better democratic exercises of City Council I've had an opportunity to be in, and I'm grateful for it, but on good cause, I want to thank my colleagues in advance for making me take the time methodically to go through this on all sides. This is an exercise a Turk like myself often doesn't want to do and wants to move quickly, but I'm glad that we took the time. But we ran out of runway a couple of weeks ago when that young lady with five kids came in here and said that next week she would not have a place to go, that when we deliberate, sometimes we study long and we study wrong, and there's a time for action, and today is that day. Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING I want to tell one of the stories I know of that is compelling, and I want to thank the Tenants Union and TURN and others that because of Penn Wynne brought this to my attention, because we sometimes sit in buildings like this, think we know everything until we have to walk that mile in the other person's shoe, and then we get a different perspective. But let me quickly -- bear with me on a story about a couple I know. They were just starting out, just got out of college, fell in love. Parents didn't -- wasn't Romeo and Juliet, but it was you can't stay with him and you ain't staying with her, figure it out, not at their respective houses. So they got their first apartment. If you ever saw the movie Joe's Apartment, it was horrible. They had no heat. They had insects and rodents, but it was theirs. They slept on a mattress. They used the heat of the oven to keep them warm. Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING There was a delay between the time that the female got an opportunity to move in the apartment and the young man had an opportunity to move in with her. During that time, that landlord saw what he thought was going to be a victim, somebody that he felt he could take advantage of because they were young and female. When the young man moved in, the whole attitude changed about renting the apartment and there was no good cause. There was no stated rationale. I just don't want the two of y'all in the apartment. That couple went through the tension of how it feels to look for the knock on the door that says, you have to leave here. That feeling I wish on no individual. I know that couple, because it was me. I walked a mile in that shoe. I never told them that, because I didn't want them to feel as though I couldn't Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING objectively look at both sides of that issue. But if we could ever prevent that from happening to young Philadelphians starting out, and that does not give anybody a license not to do what is prescribed in the lease, but it gives them the human dignity protection that each and every one of us should have. So without that, thank you, Mr. Chairman. Time has run out. It's time to vote our way out. Thank you. (Applause.)

Councilman Henon

Mr. Decker, would you please call the roll. The Chair recognizes Councilman Domb.

Councilman Domb

Thank you, Mr. Chairman. There was one comment I just wanted to make first. I do thank Councilman Oh and Councilwoman Parker, and I think both did a good job here, and I hope we can all work together. I know your hearts are in the same place. So Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING we're all pushing for that same goal. So thank you both. I just want to thank you. And, Councilman Jones, on this bill, I want to commend you for meeting with me several times and also trying to work through this, and I know that you gave me your good faith statement that if there were any issues, you'd go back and amend this language, if there was any problems with the implementation, and based on that, I am going to vote yes for this, I just want you to know. (Applause.)

Councilman Henon

This having been read on two different days, the question now, shall the bill pass finally. Mr. Decker, would you please read the roll.

Chief Clerk

Councilwoman Bass.

Councilwoman Bass

Aye.

Chief Clerk

Councilwoman Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Domb.

Councilman Domb

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilwoman Gym.

Councilwoman Gym

Aye.

Chief Clerk

Councilman Henon.

Councilman Henon

Aye.

Chief Clerk

Councilman Johnson.

Councilman Johnson

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Oh.

Chief Clerk

Councilwoman Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING Parker.

Councilwoman Parker

Aye.

Chief Clerk

Councilwoman Quinones-Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Squilla.

Councilman Squilla

Aye.

Chief Clerk

Councilman Taubenberger.

Councilman Taubenberger

Aye.

Chief Clerk

Council President Clarke is voting aye.

Councilman Henon

The ayes are 17; they nays are zero. (Applause.)

Councilman Henon

The majority of the members have voted. The bill passes affirmatively. May I ask as we moved forward -- Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING (Applause.)

Councilman Henon

May I ask as we move forward, please, we have a lot of unfinished business to do. It's hard to hear the roll count for our Chief Clerk and our stenographer. So we will certainly have time to applaud in one form or fashion as we move forward. Mr. Decker, would you please read our next title.

Chief Clerk

Bill No. 180649-A, entitled "An ordinance amending Title 9 of The Philadelphia Code, entitled 'Regulation of Businesses, Trades and Professions,' by adding a new Chapter to require certain covered employers to provide 'Fair Workweek Employment Standards' -(Applause.)

Chief Clerk

-- for certain employees, including but not limited to reasonable notice of schedules, rest time between shifts, and opportunities for additional hours, and providing for Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING enforcement and penalties."

Councilman Henon

The Chair recognizes Councilwoman Gym.

Councilwoman Gym

Thank you very much, Mr. Chair. It's a good day for justice in Philadelphia. (Applause.)

Councilwoman Gym

It's a good day to do something decent, good, and bold in our city, because it's time for a fair workweek in Philadelphia. In the poorest large city in America, it's time to take a stand not just on poverty but on the circumstances which allow poverty to exist and even profit from it. Because we can talk about poverty in this city until we're blue in the face or we can do something about it, and today we choose to do something. I'm proud to be part of a City Council that has been a national leader in passing legislation for paid sick Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING days, pay equity, and ending wage theft. I'm grateful for my co-sponsors and the supporters of this bill - Councilwoman Maria Quinones-Sanchez, Mark Squilla, Bobby Henon, Jannie Blackwell, Curtis Jones, Kenyatta Johnson, Bill Greenlee, all champions for economic justice. And thank you too to former Councilmember Wilson Goode, Jr. I walk in your shoes. And thank you, Council President Clarke, for your leadership and walking me through this. This is a City Council that has fought to uplift working families, not by simply cheerleading jobs at any cost, but by recognizing we have to care about the quality of our jobs as much as we do the quantity of them. Last year, 300,000 Philadelphians reported being food insecure and going hungry. Eighty percent of them were working Philadelphians with jobs. In the wealthiest city in the country, in a city Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING where we have corporate towers that can kiss the sky, where we've got corporations like Marriott and American Airlines that have taken $180 million in new tax cuts, poverty is our greatest sin. This Council has both the legislative authority and moral duty to take a stand against poverty and the abusive practices that allow some of the most successful businesses in the world to profit from the exploitation of tens of thousands of workers in our city who don't know when or how much they'll work. The unstable schedules, which are a hallmark of the service industry, must come to an end. And on each step of the way, this campaign for a fair workweek has been led by a diverse and unstoppable coalition of people demanding solutions and working for them. Last February hundreds of workers took to the streets to demand a fair workweek, with a formal launch of a Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING campaign that had been a year in the making. Today is for you. It's for 19-year-old Natori Price who went on TV to share that she took care of seven family members, including a sick mother, and talked about an unstable schedule that puts her entire family's livelihood and health in jeopardy. Today is for Symphony and her daughter, Symphony who talked about how she feared about even telling her employer she was a mother in case she wasn't scheduled for enough hours. Today is for every single Sky Chef worker, many of whom are immigrants, who make the first-class meals for flights which cost as much as several months' pay. It's for every hotel worker waiting by the phone and hoping to be called in, worried about whether there's enough money for rent. It's for restaurant workers who worry whenever their shifts get cancelled or suddenly cut. Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING Today is for every working mom and dad, for every young person and returning citizen working towards a better life for themselves. It's for the countless people in our city who have bravely told me their stories about their families and their dreams of working for a future brighter than today. You changed all of us with your stories. You took the conventional narrative about poverty and turned it upside down on its head, this idea that somehow poverty is inevitable, especially for black, brown, and immigrant families and communities, when in reality poverty is manufactured. You remind us -(Applause.)

Councilwoman Gym

You remind us what it means to be relentless in the pursuit of a nation which prosperity is shared by all of us, not just a privileged few. And this packed Chamber is a testament to the power of your voices and the belief that Reverend Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING Holston said, that this is a movement as much as it is a moment. Philadelphia's fair workweek bill will be the most expansive in the country. It will cover tens of thousands of workers in big chain retail, food service, and hospitality sectors. It guarantees that working people will know when they'll work, how much they'll work, and they'll get a path out of poverty. This is a floor and not a ceiling. We can't raise the shameful minimum wage for everyone in this state, but today we sure can make -- we can make darn sure that the folks making the lowest incomes have the schedules and hours they need and can count on. (Applause.)

Councilwoman Gym

I'm proud to say that we have not rushed this legislation. We have not suspended the rules. Over the course of this process, strong bridges have been built between our thriving business community and our Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING advocates. We established a robust and unprecedented business-labor community roundtable, led in partnership by our Philadelphia AFL-CIO and Chamber of Commerce leaders, and we have changed, edited, and evolved this bill to its current state. This bill has been continually amended for businesses but with the collaboration of our community and labor advocates and with the central belief that this bill will protect workers. I want to thank business leaders, Uncle Bobbie's, Cake Life, Sustainable Business Network, who support this bill because they know that caring for our employees is not only good for workers, it's good for business. Businesses have not only been heard, they've been at the table, and the changes that have evolved through the bill have reflected the sincere respect, engagement, and collaboration our office has taken from the start. Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING And I want to thank our labor partners, who are a ride or die crew, in their defense and uplifting of working families, whether in a union or not. They are fighting for all of us. And above all, I want to thank this room. I want to thank this room of organizers, union members, parents and grandparents, educators, advocates, policy wonks. You brought us here today. You have not only been courageous, you have been fearless. You proved that our politics are only as strong as our movements, and I am grateful each and every day to be part of a legislative body that serves you. So today we are here to say yes - yes to working families, yes to smart business. Today, in the poorest big city in the nation, we put people over profits. Mr. Chairman -(Applause.)

Councilwoman Gym

-- let's Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING vote.

Councilman Henon

The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Thank you, Mr. Chair. I'll be voting against this bill and -(Audience members booing.)

Councilman O'Neill

When there's a pause, I can explain. I voted for good cause today. I'm going to vote for minimum wage. I want to explain why, even though I agree with everything Helen said, Councilwoman Gym said, because I know how hard she's worked on it, and I agree with everything in there, except one thing, but it's a major thing for me and, that is, it does not exempt collective bargaining agreements. It should exempt collective bargaining agreements. (Audience members booing.)

Councilman O'Neill

People that are protected by a bargaining agreement, collective bargaining Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING agreement, don't fit the categories I believe that we're talking about with the large corporations, all the things that you mentioned. The scheduling bill makes sense in a lot of ways. All you have to do is talk to somebody in that situation. I do not believe -- let me just say -(Audience members yelling out.)

Councilman Henon

Hold on. Order, please.

Councilman O'Neill

I have to leave the Chamber and may not be back before it's over. I want to vote no on this bill for the reason I just explained and also yes on all other bills, including minimum wage and both amendments. Thank you.

Councilman Henon

Thank you, Councilman. (Audience members booing.)

Councilman Henon

Okay. Thank you for order. Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING This bill, Bill No. 180649-A, having been read on two different days, the question now, shall the bill pass finally. Mr. Decker, would you please call the roll.

Chief Clerk

Councilwoman Bass.

Councilwoman Bass

Aye.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Domb.

Councilman Domb

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilwoman Gym.

Councilwoman Gym

Aye.

Chief Clerk

Councilman Johnson.

Councilman Johnson

Aye. Stated Meeting December 6, 2018 12/6/18 - STATED - 2ND READING

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman O'Neill is voting nay. Councilman Oh.

Chief Clerk

Councilwoman Parker.

Councilwoman Parker

Aye.

Chief Clerk

Councilwoman Quinones-Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Reynolds Brown.