Thank you,22 Madam President.23 COUNCIL PRESIDENT VERNA:24 You're welcome.25 62 5/14/09 - WHOLE - RES. 090136, etc.1 The Chair recognizes Councilman2 Green.3
You have a8 very impressive resume. I have never met9 you. Based on this resume, I would10 certainly --11
Oh, okay. I14 apologize. I forget.15 Based on your resume, I would16 want you on the Board of Directors of a17 start-up company I was founding. I would18 want you as an advisor to a scientific19 company or some other kind of company.20 Your talents are -- you have a very21 impressive history. You've been very22 successful. But I'm not sure why I want23 you on the Ethics Board, because I don't24 know what you currently know about what25 63 5/14/09 - WHOLE - RES. 090136, etc.1 our ethics laws are or what the current2 position of the Ethics Board is on3 certain matters, and I want the4 opportunity to know where you come down5 on some things before you're there, which6 I think -- in other words, Councilman7 Clarke asked a question about whether or8 not the Ethics Board should make law or9 interpret law. Well, there's been10 precedent in this city for 50 years about11 what the law is, and it's a series of12 City Solicitor opinions that exist that13 interpret the Charter. Under a current14 City Solicitor opinion, the Ethics Board15 can ignore 58 years of precedence, which16 means that the Ethics Board is17 essentially making law because all of18 that precedence is irrelevant. So in19 effect, the Ethics Board is in the20 law-making business, and we don't know21 what the laws are that apply to us or any22 other elected official, because there's23 been no statement of the status quo or24 anything else.25 64 5/14/09 - WHOLE - RES. 090136, etc.1 So, frankly, before -- rather2 than sit here and question you about what3 you currently think of the ethics law or4 what your interpretation is of the5 Charter or even how you would approach6 reaching a determination on this issue or7 that issue, I would like the opportunity8 to meet with you in person or with a9 group of fellow Councilpeople. And I10 don't -- this is no reflection on you,11 but I am very surprised the12 Administration would bring you before me13 without having set up an appointment so14 that you and I can talk.15 This issue has been a very16 important one to me. I have testified at17 the Mayor's Commission -- or Task Force18 on ethics, worked with them on their19 report, and, frankly, we should have had20 an opportunity to speak and meet21 before -- or speak about this issue22 before today.23 So I don't really have any24 questions for you now, because I really25 65 5/14/09 - WHOLE - RES. 090136, etc.1 have an hour's worth of conversation I'd2 like to have with you.3 So I'd just like to ask that we4 hold this until you have an opportunity5 to meet with Councilpeople and we can6 understand where it is you're coming7 from.8 Thank you, Madam Chair.9 COUNCIL PRESIDENT VERNA:10 You're welcome.11 Are there any other questions12 from members of the Committee?13 (No response.)14
This21 concludes our public hearing.22 The Chair recognizes23 Councilwoman Tasco regarding Resolution24 No. 090136.25 66 5/14/09 - WHOLE - RES. 090136, etc.1
Madam2 President, Resolution 090136, I move that3 we report this resolution out.4 (Duly seconded.)5
All6 in favor will indicate by saying aye.7 (Aye.)8
The12 ayes have it, and Resolution No. 09013613 has been reported out of Committee with a14 favorable recommendation.15 Did you make a recommendation?16
Oh,18 so we're just reporting it out. Very19 well.20 The Chair recognizes21 Councilwoman Tasco regarding Resolution22 No. 090137.23
Madam24 President, I report out Resolution25 67 5/14/09 - WHOLE - RES. 090136, etc.1 090137.2 (Duly seconded.)3
Thank you,10 Madam Chair.11 I would just like to say that I12 will vote to move Ms. Cutler forward to13 the next step, but I think there are many14 Councilpeople who have issues and would15 have liked the courtesy of a meeting16 prior to a SEPTA Board nomination17 hearing. So that I will ask that we have18 that meeting with Ms. Cutler, either one19 or several of us together, to save her20 time to try to address some concerns we21 have about how effectively she's going to22 represent the interest of citizens versus23 what could be a different view in the24 Administration, at least in my view.25 68 5/14/09 - WHOLE - RES. 090136, etc.1
So I would4 just like to put that on the record, that5 we have that opportunity prior to a final6 vote on this matter.7
Very8 well.9 A motion was made by10 Councilwoman Tasco that we report11 Resolution No. 090137 out of Committee,12 and I believe it was seconded.13 All in favor will say aye.14 (Aye.)15
The19 ayes have it. The record will reflect20 that Councilman Goode voted in the21 negative.22 The Chair recognizes23 Councilwoman Tasco regarding Resolution24 No. 010333.25 69 5/14/09 - WHOLE - RES. 090136, etc.1
Madam5 President, because many of the6 Councilmembers have not had an7 opportunity to sit with Mr. Kung, we are8 going to hold this resolution until that9 process takes place.10
Very11 well.12 This concludes the hearing of13 the Committee of the Whole.14 (Committee of the Whole15 concluded at 10:35 a.m.)16 - - -17 18 19 20 21 22 23 24 25 70 1 CERTIFICATE2 I HEREBY CERTIFY that the3 proceedings, evidence and objections are4 contained fully and accurately in the5 stenographic notes taken by me upon the6 foregoing matter on May 14, 2009, and that7 this is a true and correct transcript of same.8 9 10 11 12 13 ______________________________14 MICHELE L. MURPHY15 RPR-Notary Public16 17 18 (The foregoing certification of this19 transcript does not apply to any reproduction20 of the same by any means, unless under the21 direct control and/or supervision of the22 certifying reporter.)23 24 25