COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, 5/30/02 10:27 a.m. Room 696, City Hall Philadelphia, PA PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE L. BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, Deputy Chief Clerk VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 5/30/02 STATED - GREETING/INVOCATION
Could I have everyone's attention, please. Thank you very much. I note that the hour has come and that a quorum of this Council is present. Council will please come to order, members will take their seats. To give our invocation this morning, the Chair welcomes the Reverend Cleveland M. Edwards, Jr., Pastor of St. Jude's Baptist Church. He is here as a guest of Councilwoman Blackwell. All members and guests will please prides.
Let us pray. Our Father and our God, Lord, we come today with bowed heads and humbled hearts. We come, realizing that Thou are God and there is no God before Thee. We come this morning, thanking you for allowing us to see the dawning of a brand-new day, a day which we've never seen before. We come to say thank you. We come now, Lord, asking you to bless this City Council. Bless the President, the Majority and Minority Leader, bless the chairpersons of each committee, bless them and keep 5/30/02 STATED - GREETING/INVOCATION them in the hollow of your hand. Bless this Council, Lord, as they come to do good for the people that they were elected to represent in these chambers of government. Let them deliberate in courage, not in fear, nor in selfish reasons, nor of party affiliation, but to help the people of this great City of Philadelphia. Let this City Council be those who are abiding loyalty to this city, tramp over all personal and political consideration, who will show the meaning of courage and real faith in democracy. Let them be mindful of the less fortune as well as the fortune. Again, Lord, I ask you to bless this City Council today as they come together with one thought in mind: To do better for the lives of the people of City of Philadelphia. All these blessing we do ask in your darling son, Jesus's precious name. Amen. ALL: Amen.
The Chair thanks Reverend Edwards for his very inspiring invocation. Council will be at ease. 5/30/01 STATED - APPROVAL OF 5/16/02 JOURNAL (Council stands at ease.)
The next order of business the approval of the Journal of the meeting of Thursday, May 16, 2002, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, May 16, 2002 stand approved.
It has been moved and properly seconded that the Journal of the meeting of Thursday, May, 16, 2002 stand approved. All in favor will signify by saying aye. Those opposed? The ayes have it, and the motion carries and the Journal of the meeting of Thursday, May, 16, 2002 approved. 5/30/02 STATED - REQUESTS FOR LEAVES OF ABSENCE
The next order of business is requests for leaves of absence, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. There are no requests for leaves of absence today on the part of the Majority.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the Republicans, there are no requests for leaves of absence.
Thank you very much. 5/30/02 STATED - VISITOR RECOGNITION/PRESENTATIONS
The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in chambers this morning. On behalf of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our city. We certainly invite you to come again. The Chair recognizes Councilwoman Blackwell, who will make a presentation honoring Mr. Charles Blockson. Will Mr. Blockson and those accompanying him please join the Councilwoman at the podium. (Mr. Blockson and Councilwoman Blackwell come forward.)
Councilman Clarke, Councilwoman Blackwell would like you to join her. (Councilman Clarke comes forward.)
Thank you, Madam President. It is absolutely a wonderful pleasure 5/30/02 STATED - VISITOR RECOGNITION/PRESENTATIONS for me to introduce certainly a national historic treasure all of our own, a curator of Temple University -- if there are any other individuals -we talked with Greg Walsh from Temple, who would like to join us, and we certainly invite you to come forward.
Resolution honoring Mr. Charles Blockson: Whereas, Mr. Charles L. Blockson, a native of Norristown, Pennsylvania, is held in highest esteem throughout the region, and he is truly a citizen of the world, having traveled extensively, and earned the respect of historians and art professionals everywhere; and. Whereas, Mr. Blockson's contributions to our city are immeasurable. He is a founder of the Afro-American Historical and Cultural Museum, former president of the Pennsylvania Abolition Society, founding member of the Pennsylvania Black History Committee, and author of 12 books; and Whereas, in 1984, Mr. Blockson, an 5/30/02 STATED - VISITOR RECOGNITION/PRESENTATIONS internationally known bibliophile, donated his collection to Temple University, and he is now curator of the Charles L. Blockson Afro-American Collection. His collection now contains approximately 150,000 books, pamphlets, manuscripts, prints, drawings, sheet music, posters, and artifacts. For his work and more, he has earned honorary doctorates from Villanova University, Lincoln University, and Holy Family College; and
Whereas, in April, Mr. Blockson received the prestigious Founders Day Award for Historical Documentation from the Pennsylvania Historical Society. He is also chair of the Black Writers Conference in Paris and received awards and tributes too numerous to list. In 1990, a bronze bust of Mr. Blockson was presented to Temple University from the celebrated sculptor Antonio Saline. And always, this active and enthusiastic gentleman has enhanced the study of black history, art and culture, and he has enriched our city in countless ways. Now, therefore, resolved by the Council of the City of Philadelphia that we hereby honor 5/30/02 STATED - VISITOR RECOGNITION/PRESENTATIONS and commend Mr. Charles Blockson. Further resolved that an engrossed copy of this resolution be presented to Mr. Blockson as evidence of the deep respect and sincere admiration of this legislative body. Signed and supported by Council President Anna C. Verna and all members of City Council. Thank you, Sir. (Applause.)
Before Mr. Blockson is recognized to speak, I wanted to -particularly with Councilman Clarke, in whose area Temple is and who has worked with Mr. Blockson for years -- make some remarks. On May -- I believe it was May 8th -we presented to the board this book, African-Americans in Pennsylvania, that talks about all places in our city and also gives you the other part of the history that is left out, the part that African-American played, and others, Native Americans, etc. He lists populations throughout the counties for African-Americans, he talks about the Underground Railroad, and he's written a book 5/30/02 STATED - VISITOR RECOGNITION/PRESENTATIONS that enables students from middle school on up to take advantage of it. It's organized very well. And we presented this to the School Reform Committee and asked them to make it a part of the school curriculum. We have also been involved -- you know, Mr. Blockson is also responsible for the historical markers throughout the City for African-Americans, and we thought that maybe help him a little bit by -- because we had written to the Mayor and contacted others in the City with regard to having an historical marker replaced at 919 Lombard Street for William Whipper, and also, it was just noted in the Tribune on Wednesday, May 15, that the Inn of Philadelphia has historical roots that need to be honored with a marker. So we are hoping that this record will reflect that in addition to honoring Mr. Blockson, we certainly ask for support for these markers, and we're also asking Temple University if they would give him the added space he needs. He has so many things there just stuffed in drawers -- I mean, history that so many people could benefit from. And if they would give him graduate students or 5/30/02 STATED - VISITOR RECOGNITION/PRESENTATIONS other assistance from the university to help organize, computerize, etc., etc. the wonderful Charles L. Blockson collection. And with that, Madam President, thank you, and we're ready to call on him for remarks.
Thank you. The Chair recognizes Mr. Blockson for remarks.
Thank you very much, Councilwoman Blackwell. It's been an honor for me, although I grew up in Norristown, to respect the history of people of all races, creeds, and colors. Growing up in Norristown in the Fishtown section of Norristown, which, on my block, there was at least ten different nationalities. Norristown was also the hometown of Mayor Street, who I've known over 50 years; my good friends Bob Butera, who's head of the Pennsylvania Convention; and, of course, Dick Tyler, who's the history commissioner of Philadelphia; and Celeste Morello. So Norristown has contributed a lot to the City of Philadelphia. And in the words of Othello, the city owes us something and in effect that libraries has 5/30/02 STATED - VISITOR RECOGNITION/PRESENTATIONS been very important. It's distressing to read in the papers about our libraries. We all came up through libraries. Libraries is the soul of a city, it's the soul of a culture, it's the soul of a people. So whatever I did over the years, I did not for myself but for people of all races. And taken a vow in the (indiscernible) of a former football coach of mine up at Penn State, Joe Paterno. Although he was a great coach, he appreciates the value of libraries. So thank you very much. (Applause.)
Council will be at ease. (Council stands at ease.) (Proceedings resume.)
At this time, the Chair recognizes Councilman Nutter, who will present a resolution honoring Arline Lotman, Esquire. Will Miss Lotman and those accompanying her please join the Councilman at the podium. (Honoree and Councilman Nutter come forward.) 5/30/02 STATED - VISITOR RECOGNITION/PRESENTATIONS
Thank you, Madam President. I am pleased to read this resolution honoring Arline Joels Lotman, Esquire, on the 30th anniversary of her accomplishments as the first executive director of the Pennsylvania Commission on the Status of Women. (Applause.)
Whereas, the Pennsylvania Commission on the Status of Women, herein referred to as "the Commission," was established in 1972 by executive order of Governor Milton J. Shapp, and was charged with "the responsibility of developing and implementing programs to make sure that all women in Pennsylvania are able to participate equally in the economic, educational, judicial, and governmental life of Commonwealth"; and Whereas, Arline Joels Lotman was appointed the first executive director of the Commission by Governor Shapp to help secure women's legal rights in Pennsylvania pursuant to the Equal Rights Amendment to the Pennsylvania Constitution, which provides that equality of rights under the 5/30/02 STATED - VISITOR RECOGNITION/PRESENTATIONS law shall not be denied or abridged in the Commonwealth of Pennsylvania because of the sex of the individual; and Whereas, some of the major accomplishments of the commission during Arline Lotman's leadership as executive director include: Ensuring equal access to credit in Pennsylvania through the passage of new banking regulations that enabled women to obtain a mortgage in their own name based on own creditworthiness, undertaking the first ever investigation of health care discrimination against women and minority women; securing the landmark end to newspapers' helpwanted ads which segregated job opportunities by gender, establishing a Pennsylvania Department of Education directive which ended sex discrimination in all public schools in the Commonwealth in classes, activities, sports, housing and staffing; and advocating for the ratification of the proposed Equal Rights Amendment to the United States constitution; and. Whereas, in her many roles as wife, mother, lawyer, teacher, community activist, political participant, and public policy author, 5/30/02 STATED - VISITOR RECOGNITION/PRESENTATIONS Arline Lotman is an inspiration to the women of Pennsylvania; and. Whereas, in constant rights for civil rights for all people, she continues to serve as a dedicated attorney, working to prohibit sex discrimination in employment, public accommodations, and education, and continues to promote positive changes in policies and laws, now therefore, Resolved by the Council of the City of Philadelphia that we hereby honor Arline Joels Lotman, Esquire, on the 30th anniversary of her accomplishments as the first executive director of the Pennsylvania Commission on the Status of Women. Further resolved that an engrossed copy of this resolution be presented to Arline Jones Lotman as a symbol of this legislative body's sincere appreciation for her distinguished achievements to ensure equality for women. Signed by Council President Verna and cosponsored by all members of City Council. (Applause.)
The Chair recognizes Miss Lotman for remarks. 5/30/02 STATED - VISITOR RECOGNITION/PRESENTATIONS
Thank you, Madam President. It's a pleasure to be here with you. I want to thank Councilman Nutter and all of the distinguished members of City Council who were kind enough to honor me today. I may want to run for office again so I'm going to acknowledge everyone who's in the office: My sister-in-law Susan (indiscernible); Frank Fedderman, Sharon Wallace; the two important leaders of the Bar Association who co-chair the committee of women in the profession, Shelly Fedullo and Bobbie Pacini -- you can stand up for a moment; and two of my stalwart colleagues, John Franchini and Ashley Kean; and Mr. David Grunfeld, who writes for our Philadelphia Lawyer magazine; Mr. Dan Sarucci, who's the Director of communications, taking pictures -- this is all necessary; Bonnie Squires, thank you; my mother and father and all of my relatives; and definitely, definitely, definitely Julia Chapman. I really am very, very grateful to be here today and to acknowledge your honor. I thank you very much. But it's not only on my behalf that I thank you; I thank you on behalf of all of the 5/30/02 STATED - VISITOR RECOGNITION/PRESENTATIONS women of this city whose lives have literally changed, changed for the better, by the work of the commission. I want to take a moment to look ahead with you down the corridor of the future. Just as you honor my work, I want to suggest that we can together now set the agenda, not just by the past, but with the future that is coming face-to-face with a population that isn't aging but is living longer and better, about 40 years longer. We've had the boomers, the yuppies the guppies, the X-ers, the Slackers, and now we have the Expectation Generation. We all know of disparate wages, sexual harassment, and gender discrimination in general, and that work is certainly not finished. But what I want you as our elected representatives to be honored for, I would like you to be honored for your new establishment of the future of Philadelphia's public policy and its laws as they are both affected by gender, not just how they affect gender. And that is because we will live longer, work longer than any other previous 5/30/02 STATED - VISITOR RECOGNITION/PRESENTATIONS generation on work -- most likely, well into our 90s before we call it quits or somebody else upstairs does it for us. And, therefore, women will have a new role to play in employment and economic development, in child care and in health care. And what will our jobs be? What types of new employment are being created that will be for once totally compatible with women? Unlike the job creation of the past, construction and physical labor can no longer provide the job stimulus for this new population. The communications field has leveled the job playing field. What will the generations to come, who have finished raising their children and yet still have a full and long future ahead of them to work and to play, what will they be doing with the next half of their lives? What will you be doing with the next half of your lives? I suggest that we will need to create a new paradigm, a new paradigm for our city's public policy that include women in this new way. We started this process 30 years ago in Harrisburg, and our work was the first, but I hope yours will 5/30/02 STATED - VISITOR RECOGNITION/PRESENTATIONS be the first public policy for the new Expectation Generation. Just think of what City Council can begin with this new perspective. To follow the words of Albert Einstein, who told us that problems cannot be solved by thinking within the framework in which the problems were created, I leave you with that thought and I thank you so much for acknowledging my work in bringing new policy and new laws to end discrimination against women. And I applaud you, you members of City Council, in anticipation of the laws and policies that you will establish to meet our future. The best is yet to come. Thank you.
Council will be at ease. (Council stands at ease.) (Proceedings resume.)
I want to acknowledge Mr. Blockson who came before me. I did not include 5/30/02 STATED - VISITOR RECOGNITION/PRESENTATIONS his name, and I'm very impressed his credentials and glad to have been a part of his honorary ceremony. And Sharon, did we include you in our list of esteemed guests? Good. Thank you again. Bye-bye.
The next order of business is communication. The Chair requests that the Sergeant-at-Arms deliver the messages from the Mayor to the clerk. The clerk will please read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia: I am pleased to advise you that on May 29, 2002, I've signed all of the bills that were passed by Council at its session on May 9th except Bill No. 000547, which I am returning unsigned; And I am pleased to advise you that on May 29, 2002, I signed the only bill that passed Council on May 16th, Bill No. 010719; And to the President and members of the Council of the City of Philadelphia, I am transmitting for the consideration of your honorable body a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority for a portion of the Haddington Urban Renewal Area; And an ordinance authorizing the Philadelphia Authority for Industrial Development to convey fee simple title to a property located in 5/30/02 STATED - COMMUNICATIONS the vicinity of 52nd Street and Jefferson Streets; And an ordinance consenting to the transfer of control on the areas 1, 3, and 4 cable television franchises from Comcast Corporation to AT&T Comcast Corporation; And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia to acquire by purchase land commonly known as 4815 Schmeck Street and 200 Fountain Street; And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to acquire fee simple title to a parcel of real estate located at 8400 Executive Avenue; And an ordinance authorizing the Commissioner of Public Property, on behalf of City of Philadelphia, to acquire some or all certain real estate parcels in the Eastwick section of the City of Philadelphia, all under certain terms and conditions.
The messages will be printed in the Journal. The clerk will please read any other 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS communications in her possession.
The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilwoman Tasco for a motion.
Madam President, I move that all bills -- all resolutions called up, that we suspend the rules to have them read first reading. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor will signify by saying aye. Those opposed? The ayes have it and the motion carries. 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS The Chair recognizes Councilman Kenney.
An ordinance consenting to the transfer of control areas 1, 3, and 4 cable television franchises from Comcast Corporation to AT&T Comcast Corporation.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Cohen. (No response.)
Councilman Cohen, do you have any bills or resolutions for introduction?
Thank you. The Chair recognizes Councilwoman Krajewski.
Thank you. The Chair recognizes Councilman 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS Mariano.
The clerk will please read the title of the first resolution.
A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Model Cities Urban Renewal Area designated as parcels 324.
It has been moved and properly seconded that the resolution be adopted. All in favor will way aye. Those opposed? The ayes have it and the resolution has been adopted. The clerk will please read the title of 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS the second resolution.
A authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 23rd Ward of the City of Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The clerk will please read the final resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS deeds located in the 19th Ward of the City of Philadelphia.
Madam President, I move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. At this time, I am required to leave the session, and I am hereby appointing Councilwoman Blackwell president pro tem. Thank you.
The Chair now recognizes Councilwoman Tasco.
5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS The clerk will please read the title of the resolution.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. Opposed? The ayes have it and so the resolution is adopted. Councilwoman Tasco, do you have another resolution?
The Chair recognizes Councilwoman Miller.
Thank you. 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS The clerk will read the title of the resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 11th and 13th Wards of the City of Philadelphia.
The Chair recognizes Councilwoman Miller.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded. All in favor will say aye. Opposed? The ayes have it and so the resolution is adopted. The Chair recognizes Councilman Nutter.
The clerk will read the title of the bills.
An ordinance authorizing the Commissioner of Public Property, on behalf of 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS the City, to acquire by purchase, condemnation, or other means that certain parcel land commonly known as 4815 Schmeck Street and 200 Fountain Street; And an ordinance authorizing the Philadelphia Authority for Industrial Development, notwithstanding any contrary requirements of the Philadelphia Industrial and Commercial Development agreement between the City, the Philadelphia Industrial Development to convey fee simple title to a certain property located in the vicinity of 52nd Street and Jefferson Street.
Councilman, I thought one was a resolution, was it not? Those were both bills?
They were, Madam President, and you and I did have a conversation about a resolution, but I'm finding that I do not have it.
Did you not submit -- you just submitted two bills?
Well, they will be referred to the appropriate 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS committee. Councilman Clarke, do you have a resolution to submit to Councilman Nutter, a property resolution for properties in his district and mine?
I have a resolution for properties in your district and Councilman Nutter's district.
Thank you. The Chair calls on Councilman Nutter.
Madam President, you are absolutely correct, and I do now have a resolution.
Thank you. The clerk will read the title of the resolution.
A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS Philadelphia for the redevelopment and urban renewal of a portion of the Haddington Urban Renewal area.
Thank you. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I move the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded that the resolution be adopted. All in favor? Opposed? The ayes have it and so the resolution is adopted. The Chair recognizes Blondell Reynolds Brown.
Thank you, Madam Chair. I have one bill on your behalf, one resolution on your behalf.
Thank you. The clerk will read the title of the resolution. 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 6th and 24th Wards of the City of Philadelphia.
The Chair recognizes Councilwoman Reynolds Brown.
Thank you, Madam Chair. I move for the adoption.
It has been moved and seconded that the resolution be adopted. All in favor? Opposed? The ayes have it and so the resolution is adopted. The clerk will read the title of the bill -- the clerk will read the title of the second resolution.
A resolution recognizing the Philadelphia Beauty Showcase National Historic 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS Museum.
The Chair recognizes Councilwoman Brown.
Thank you, Madam Chair. I move for the adoption. (Duly seconded.)
It's been moved and seconded that the resolution be adopted. All in favor? Opposed? The ayes have it and so the resolution is adopted. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman Ortiz.
The clerk will read the title of the resolution.
A resolution calling on 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS Mayor Street and Police Commissioner Johnson to oppose a new federal policy which would provide state and local law-enforcement agencies with the legal authority to arrest and detain persons for violation of federal immigration laws.
The Chair recognizes Councilman Ortiz.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. Opposed?
All right. There's been a roll call. Does everyone have the resolution before them? This is the Ortiz resolution dealing with law enforcement authorities and detaining those for immigration. All right, we will call the roll. Thank you. 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
Councilman, we didn't hear you. Councilman Clarke is voting no.
Point of information. Councilman Nutter.
Thank you, Madam President. Madam President, may I ask, through the president, if Councilman Ortiz will submit to interrogation.
Councilman Ortiz, will you submit to interrogation?
Thank you, Madam President. Councilman, I mean, obviously, the vote is going to be whatever the vote is going to be, 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS but could you -- and I know you have a rather extensive memo to the President outlining the particulars. Could you, at least here for the record prior to the vote, lay out the fundamental tenets of the resolution?
Well, the fundamental tenets is that what the Justice Department is asking the police departments across the country is to become enforcers of the immigration statutes of this country, something that they have no training for, no ability to do, and that almost every police association across the country -- and I will just detail to you just a few of those. The California Police Chiefs Association, in a letter to the Attorney General, said that it's the strong opinion of the California Police Chiefs Association leadership that in order for local law -- for local and state law organizations to continue to be effective partners with their communities, it is imperative that they not be placed in the role of detaining and arresting individuals based soley on a change in 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS their immigration status. San Antonio, Texas, Police Chief Albert Ortiz said, "We tried so very hard for years to build bridges into all segments of our community. This will be a setback in that regard." Denver Police Chief Gary Whitman noted that "If a victim thinks they're going to be a suspect in an immigration violation, they're not going to call us, and that's just going to separate us even further." A Chicago Police Department spokesperson speaking of the job of preventing and solving crime said, "It would be virtually impossible to do that effectively. Witnesses and victims, no matter what their residency status, had some reluctance to come forward for being deported." The Miami Police Department spokesperson bluntly stated, "We will not function in an INS capacity, it's not our job. Our job is to solve crimes." And the issue is one in which this will lead to much more suspicion of our police department, their jobs, with an ever-increasingly 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS multi-ethnic, multi-cultural, and multi-racial society that we live in, it will lead to more racial profiling, stopping, and more lawsuits. It will not prevent and it will not aid in the fight against terrorism, which is Mr. Ashcroft's intention for this addition to the duties of the police department. It will lead to more lawsuits, it will lead to a greater exposure of the City's liabilities across the way, and it will not aid in the fight against crime.
Thank you, Councilman. For further interrogation, Councilman Clarke.
Thank you, Madam President. I wouldn't like to characterize it as "interrogation" 'cause Councilman Ortiz is a good friend of mine. Councilman Ortiz, have you had discussions with the Philadelphia Police Department, with Commissioner Johnson?
We sent a letter to Commissioner Johnson last week and the resolution 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS and the same memorandum that was sent to all City Councilpeople. And I believe we've asked them to respond to us. They've had a week to respond; they haven't responded on that. I believe that his position will be very close to the ones from other police chiefs across the country.
No. I think he's busy with Operation Safe Streets, which is --
Excuse me. We have a point of information on the floor. Councilman Kenney.
Just one thing, that this will not help at all in terms of Operation Safe Streets.
Okay. Madam President, I would like to change my vote to an aye vote, but I would like for us to have discussions with the Police Commissioner and the department to get a sense of what their feeling is on that.
No problem, sir. 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
This is a very important issue so at this time, I will give a yes vote, but -
Okay, with the understanding that we must have a detailed level of discussion.
Just a point of information on this issue, and I've worked on this issue for a number of years now. I want to give you a short example about what happened in South Philadelphia that was reversed by Commissioner Timoney about six, eight months ago. We have a large influx of Indonesian people who come from their country under duress. They were Christians, many of them Catholics, who were run out of their country, their businesses were taken, their families were -- children were killed, their daughters were raped, and they were basically 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS thrown out of their country with nothing on their backs but their clothes and their courage. They came and settled in South Philadelphia with many other more varying degrees of immigration status. All of them have the ability, if they have the information, to apply for asylum. Once the asylum petition is made, it stays all action against these individuals from the INS. Because of language issues, lack of information and also fear of the government who is behind the reason they were run out of their country in the first place, did not want to go and apply for asylum, did not want anybody to know they were very; and as a result of that, were very fearful of calling the police when they were victims of crime, when they were in a car accident. We had a situation where a young man was in a car accident, and his status was not determined at that point, who ran away from the car accident rather than have to stay there and answer questions from police. We found out through investigation and through cooperation with then- Commissioner Timoney that the Philadelphia police had a policy of asking 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS people about their status regardless of their contact with the police so that if you were hit on the head and robbed and lay bleeding in the street, the police were required to ask you whether or not your status was, in fact, legal. As a result of that policy, many people in the community in South Philadelphia and in other ethnic communities were afraid to call the police, and the people who were preying on them knew that they were afraid to call the police, so shop owners were regularly harassed, regularly robbed, and the police were not called, they could not map the crime scenes, they could not appoint police to do the right thing because they were afraid that their status, regardless of what the legal status, was going to create a situation where they were going to be held in a federal detention facility and potentially deported back to the country where their kids were being killed and where their lives were being in jeopardy. Commissioner Timoney, who was, in fact, an immigrant himself in Dublin, came to a community in South Philadelphia at St. Thomas Aquinas Church and talked to at least 500 people who had assembled 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS there, people who simply want to make their life and their way in this country, who want to be legal, who want to do the right thing, who want to pay taxes, but because of the Byzantine approach to the INS and immigration law, they either can't, are afraid to, or just don't understand the system. Commissioner Timoney reversed that policy of having the police ask any questions from any individual who's involved not in a criminal investigation but as a witness, as a victim, or someone who's involved in even a car accident. The New York City Police Department never had that policy. New York City has a population now of 8 million people because there's a belief in New York City that you can come there and appreciate America and become citizens and become a part of the productive life of this country. Commissioner Timoney reversed that because he said he couldn't believe we even had that policy because in New York, that policy would have been laughed at, it's ridiculous.
Now, I understand 9/11 and I understand that as a result of 9/11, there's a lot of 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS knee-jerk reactions of what we need to do to make ourselves and our families and our cities safe, but imposing these kinds of things on hard-working immigrants, people who come here for the same reasons that my great-grandparents came here, what other people's grandparents came here was, to experience that life in this country, and now to have our police departments tracking 'em down to see whether or not they can round 'em up and put 'em in a detention facility and deport, I think, is the antithesis of what this country's all about. And that's why I'm supporting this resolution and that's why I think Ashcroft, despite the fact that he is doing best to keep this country safe, there is sometimes an overreaction that makes this country less open and less honest and less appealing to people around this country, and that's why I'm voting for this resolution. )
Thank you, Madame President. I'll be very brief. 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS I will be voting for this resolution as well because I believe that this is actually racial profiling at its worst. I think that if we do not vote for this resolution, we're allowing the terrorists to win. The purpose of terrorism is to actually invoke terror, and we should not allow this new sense of patriotism to force us to profile people racially. I think that we should be reminded that Oklahoma City bombing was not caused by someone who was an immigrant, but caused by domestic terrorism, and we shouldn't be trying to mess with (indiscernible) if we're not also going to bust Bubba. We should stand up for what America's really supposed to be about, and it's not about racial profiling as a new sense of patriotism.
I don't have anything else, Madam President. I just wanted to get some information out on the table. We may be ready to vote.
5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS Thank you very much. Councilman Ortiz.
I move for the adoption of the resolution because we believe in the Constitution of the United States, so I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded. All in favor? Opposed?
I'm sorry in the middle of a roll call.
Councilwoman Krajewski? 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
Aye. 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS The ayes are 11, the nays are 4, and so the resolution passes. I'm sorry, the nays are 5. Let me make that correction. (Applause.)
It's 11-5, and so the resolution is adopted. Thank you very much. Councilman Ortiz do you have any further bills or resolutions?
Thank you, Madam Chair. I offer one bill and two resolutions, one which is honoring Flag Day and signed by all members of City Council.
Thank you. The clerk will read the title of the bill.
An ordinance authorizing Lois Hartsell, owner of the property 607 North Second Street, to construct, own, and maintain a 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS balcony projecting over the east footway of Second Street. And a resolution honoring Philadelphia Flag Day Association on the occasion of their 60th observation of Flag Day and 221st anniversary of Flag Day. PRO TEM
Thank you very much. The bill will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 2nd Ward of the City of Philadelphia.
The Chair recognizes Councilman DiCicco.
This resolution has been moved and seconded. All in favor? 5/30/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS Opposed? The ayes have it and so the resolution passes. The Chair recognizes Councilman O'Neill.
Madam President Pro Tem, I do not have any bills or resolutions. At this time, I would ask to be excused from the Council session 'cause I have to be out of the City on City business, and I would like to be recorded as voting aye on all bills, except Bill 020309; if that bill comes up, I would ask to be voting no.