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Committee Hearing, March 9, 2010

Minutes from Philadelphia City Council Committee Hearings, Mar 9, 2010

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Councilwoman Brown

Okay. All 22 right. And so given that circumstance 23 and looking forward, what takeaways might there be for you as a prospective new member of this Board and how those type 178 3/9/10 - WHOLE - RES. 100021, and of circumstances are handled going forward?

Mr. Atkinson

I think the 5 takeaway that I got was in any way that 6 the Board can administratively foster 7 better information and knowledge and 8 clarity as to how a particular rule is 9 going to be applied under a certain set 10 of facts, that that might be helpful. 11 The constraint would be if you're 12 adjudicating someone, then you've already 13 gone beyond the point where you can get 14 that kind of dialogue. Hopefully there 15 could be some administrative actions 16 taken to provide the kind of information 17 and direction and perhaps simplicity in 18 the rule so that everyone knows exactly 19 how it will be applied. 20

Councilwoman Brown

And when 21 you say everyone knows exactly how it 22 would be applied, does that equal 23 everyone interpreting it the same way?

Mr. Atkinson

I'm not sure I could speak for anyone other than myself. 179 3/9/10 - WHOLE - RES. 100021, and 2

Councilwoman Brown

Okay. 3

Mr. Atkinson

Interpretation 4 is always -- there's always an element of 5 discretion in interpretation, and Supreme 6 Court interprets the Constitution all the 7 time and you get different answers. So I 8 don't want to include interpretation. 9

Councilwoman Brown

Okay. All 10 right, then. Thank you for your 11 testimony. 12

Mr. Atkinson

Thank you. 13

Councilwoman Brown

Thank you, 14 Madam Chair. 15

Council President Verna

16 You're welcome. 17 Any other questions from 18 members of City Council? 19 (No response.) 20

Council President Verna

21 Seeing none, do we have anyone else to 22 testify on these resolutions? 23 (No response.)

Council President Verna

Seeing no one, thank you very much. 180 3/9/10 - WHOLE - RES. 100021, and 2

Mr. Atkinson

Thank you. 3

Council President Verna

This 4 will conclude our public hearing. We 5 will now go into our public meeting. 6 The Chair recognizes 7 Councilwoman Tasco for a motion on 8 Resolution No. 100021. 9

Councilwoman Tasco

Madam 10 President, I move that Resolution 100021 11 be reported out of Committee with a 12 favorable recommendation. 13 (Duly seconded.) 14

Council President Verna

It 15 has been moved and seconded that 16 Resolution No. 100021 be reported out of 17 Committee with a favorable 18 recommendation. 19 All in favor will indicate by 20 saying aye. 21 (Aye.) 22

Council President Verna

Those 23 opposed? (No response.)

Council President Verna

The 181 3/9/10 - WHOLE - RES. 100021, and ayes have it and the motion carries. Again, the Chair recognizes Councilwoman Tasco concerning Resolution 5 No. 100022. 6

Councilwoman Tasco

Madam 7 President, Resolution 100022 will be 8 held. 9

Council President Verna

Thank 10 you. We will now consider Resolution No. 11 100023. 12

Councilwoman Tasco

Madam 13 President, I move that Resolution 100023 14 be amended. I offer an amendment. The 15 amendment has been circulated. 16 (Duly seconded.) 17

Councilwoman Tasco

Is 18 everyone clear on the amendment? 19

Council President Verna

It's 20 a technical amendment. 21

Councilwoman Tasco

I move for 22 the adoption of the amendment. 23 (Duly seconded.)

Council President Verna

It has been moved and seconded that the 182 3/9/10 - WHOLE - RES. 100021, and amendment be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those 6 opposed? 7 (No response.) 8

Council President Verna

The 9 ayes have it and the amendment is 10 adopted. 11 The Chair recognizes 12 Councilwoman Tasco. 13

Councilwoman Tasco

Madam 14 President, I move that Resolution 100023, 15 as amended, be reported out of Committee 16 with a favorable recommendation. 17 (Duly seconded.) 18

Council President Verna

It 19 has been moved and seconded that 20 Resolution No. 100023 be reported out of 21 Committee with a favorable 22 recommendation, as amended. 23 All in favor will say aye. (Aye.)

Council President Verna

Those 183 3/9/10 - WHOLE - RES. 100021, and opposed? (No response.)

Council President Verna

The 5 ayes have it and the motion carries. 6 Thank you all very much. 7 (Committee of the Whole 8 concluded at 1:15 p.m.) 9 - - - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 184 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 9, 2010, 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.)