COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, March 12, 1998 11:45 a.m. Room 400, City Hall Philadelphia, Pennsylvania PRESENT: COUNCIL PRESIDENT JOHN F. STREET COUNCILWOMAN ANNA CIBOTTI VERNA COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN MICHAEL A. NUTTER COUNCILWOMAN MARIAN B. TASCO COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN AUGUSTA A. CLARK COUNCILMAN DAVID COHEN COUNCILWOMAN HAPPY FERNANDEZ COUNCILMAN JAMES F. KENNEY COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK RIZZO COUNCILMAN FRANK DiCICCO COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER MARIE B. HAUSER, Chief Clerk VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center Plaza, Suite 600 Philadelphia, PA 19103 INVOCATION
Good morning, ladies and gentlemen. The Chair notes that the hour has come and that a quorum is present. Council will come to order, members will take their seats, visitors will retire to the seats outside the rail. To give our invocation this morning, the Chair welcomes Reverend Francis Groarke, who is the Pastor of St. Edmond's Roman Catholic Church. He is here today, along with Sister Nicoletta Maria. They are the guests of Councilwoman Anna Verna. Members and guests will please rise.
Thank you, Council President. Heavenly Father, your spirit has empowered us to use our time and talent to better the lives of those we are elected to serve. So we gather here this day to form a common Council of service that we might share and learn from each other's sharing. May new insight, new openness touch the work placed before us this day. May your wisdom be our guide so that what is discussed, what is APPROVAL OF JOURNAL heard, and what is decided will be for the enrichment of all who live and toil to make our city the city of brotherhood and love. May this gathering be touched with your blessing, and all who witness the gathering marvel at its work. Amen.
The Chair thanks the Reverend for his inspiring invocation. (Councilmembers greet Reverend Groarke.)
The next order of business is the approval of the Journal of the meeting of Thursday, March 5, 1998. The Chair recognizes Councilwoman Clark.
Mr. President, I move adoption of the Journal of that date.
All in favor let it be known by saying aye. Those opposed say nay. The ayes have it. The Journal for the meeting of Thursday, March 5, 1998, stands approved. LEAVES OF ABSENCE The next order of business is Leaves of Absence. The Chair recognizes Councilwoman Verna.
Thank you, Mr. President. On behalf of the majority, there are no requests for leave of absence.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Mr. President, on behalf of the minority, there are no requests for leaves of absence.
The Chair thanks Councilman O'Neill. At this time we will dispense with the regular order of business to recognize visitors and guests with us this morning. To all of our visitors and guests, we certainly welcome you here and applaud your interest in the civic affairs of our city, and invite you to come again. WELCOME VISITORS/PRESENTATION At this time the Chair recognizes Councilman Kenney for the purpose of introducing a visiting group who will perform in honor of St. Patrick's Day. The Chair recognizes Councilman Kenney.
Thank you, Mr. President. As is our tradition here in Council to recognize and give honor to the various ethnic and racial groups that have emigrated and grew up and have contributed to our city life, this celebration of Celtic and Irish culture that culminates on Tuesday on St. Patrick's Day, we thought it would be appropriate to invite a group. And it is appropriate because Irish families enjoy music as a family group. And we have the Carroll family here today to display and play for you traditional Irish instruments, including the Celtic Harp, which is the national symbol of the Nation of Ireland; the hammered dulcimer; the boron, which is an ancient Celtic drum; the fiddle; and the eland pipes, which is unlike the Scottish bagpipes which are played simply with the mouth and air. PRESENTATIONS/LEAVES OF ABSENCE Eland is the Gaelic for elbow. And the pipe is played under the arm, and it is a very interesting sound. And we would like to give them the opportunity to play for us today and thank them for their patience. (Presentation.)
Our first presentation today recognizes American Red Cross Month. And to make this presentation, the Chair appoints Councilman DiCicco. The Chair invites Ms. Lorinne Cianfrani and those with her to come and receive this Resolution. Councilwoman Verna, please approach the Chair.
Yes, Council President. At this time I would would ask for a leave of absence on behalf of Councilwoman Krajewski.
The Chair thanks the Councilwoman. Leave will be granted. PRESENTATION
Yes, Mr. President. I would request to be excused from the rest of this Council meeting, and recorded as voting yes on all bills and resolutions.
The Chair thanks the Councilwoman. Leave will be granted. COUNCILMAN DiCICCO: Leave a pint of blood before you go. Thank you. COUNCILMAN DiCICCO: Thank you, Mr. President. This morning I am pleased to read a Resolution honoring American Red Cross, recognizing March 1998 as American Red Cross month. Whereas, the American Red Cross is a humanitarian, nonprofit organization, dedicated to improving the quality of life, enhancing self-reliance and concern for others, and to helping people avoid, prepare for, and cope with emergencies throughout disaster relief programs, health and safety education, social services through its blood PRESENTATION program; And whereas, for more than 50 years, the nation has relied on the American Red Cross to provide life-saving blood and blood products to more than 3,000 hospitals nationwide; And whereas, approximately 40,000 units of red cells are needed each day nationwide, and more than 23 million components of blood are transfused each year; And whereas, blood supplies in the Philadelphia area have dropped in recent months, while the demand for blood products has risen, including a pressing need at Children's Hospital for Type A blood, which is the universal plasma donor; And whereas, one unit of blood will help five patients in need, including accident and burn victims, cancer patients, children and adults suffering from sickle cell anemia; And whereas, there is increased need for screening of rare blood types in the African-American and other minority communities, as well as the need for increased blood awareness in the African-American and other minority communities of this dire need for rare blood products. PRESENTATION And now, therefore, resolved by the Council of the City of Philadelphia that we hearby recognize March as Red Cross Month, and encourage all City Council members, their staff members, and all citizens of Philadelphia be encouraged to donate blood. Further resolved that an engrossed copy of this resolution be presented to the American Red Cross as evidence of the respect and admiration of this legislative body for the important work they do in Philadelphia and the Delaware Valley. Signed by myself, and co-sponsored by all members of City Council. Thank you very much. (Applause.) (Councilwoman Verna assumes the Chair.)
Thank you. On behalf of the thousands of donors in this Delaware Valley and the 90 hospitals that are supplied with blood products by the Penn Jersey region of the American Red Cross, I really want to PRESENTATION thank you very much for your support and recognition of March as Red Cross Month, and especially your support of your upcoming Blood Mobile to be held on March 30. As you may know, we need to select a thousand units of blood every single day to meet the needs of the Delaware Valley hospitals and patients in this community. We have some of the most renowned health care providers and institutions in this area, and their use in organ transplantation, cardiac surgery, cancer treatment, and trauma center use goes met every day through the volunteer efforts of donors like you. So I would just ask in support for your upcoming Blood Mobile, sponsored by Councilman DiCicco, I would just ask that you roll up your sleeves and donate a unit of blood. And if not that, if you could recruit a first-time donor to the Blood Mobile, we would continue the work of our health care providers. And I know it is Councilman DiCicco. COUNCILMAN DiCICCO: I got a hair cut. No one knows who I am now. PRESENTATION You enjoy this Councilwoman Clark, I am certain you do. As long as you give blood, you can have fun at my expense. But I think it is important that we recognize the fact that as of today, we have 47 people who have pledged their support. Last year, our total contribution was about 54 people. So we are well ahead of the game. And I wanted to publicly thank everyone today for your ongoing support. And ask, if you haven't already made that pledge, that you do so today. Thank you. Thank you, Madam Chair.
Thank you, Madam Chair. I have to go to 319 for a meeting. If I am not back before Council adjourns, I would like to be recorded as voting aye on all bills and resolutions.
The record will so indicate that. Thank you. PRESENTATION
Our second presentation honors Mr. Charles Brewer. To make this presentation, the Chair recognizes Councilwoman Clark. The Chair invites Mr. Brewer and those accompanying him to come to receive this Resolution.
Madam Chair, I am pleased today to read this Resolution honoring Charles J. Brewer. Whereas, on June 21, 1997, Charles "The Hatchet" Brewer earned the International Boxing Federation's Super Middle Weight Championship in Tampa, Florida, with a fifth round knockout against Gary Ballard; And whereas, he defended his title on December 2, 1997, at the Blue Horizon, beating Joey DiGrandis in a 12th round decision; And whereas, he will defend his title once again in March at the Temple Apollo. He is currently training for this fight against Mr. Harold Graham, while still working full time, keeping up PRESENTATION his responsibilities to his wife and his son, Charles J. Brewer, right here, and maintaining his faith as a devoted and practicing Catholic, which he has done since childhood; And whereas, Charles is a proud lifelong North Philadelphian who got his reputation the old fashion way, he earned it through hard work in school and the gym in school, where he was the valedictorian, and later at work. Today he is viewed as a boxer with a terrific future and a citizen of the first rank of this city of champions. Now, therefore, resolved by the Council of the City of Philadelphia that we hearby honor and commend Mr. Charles J. Brewer. We praise him for his accomplishments, we salute him for his high values, and we wish him continued success in all his professional endeavors. Resolved that an engrossed copy of this Resolution be presented to Charles J. Brewer as evidence of the respect and admiration of this legislative body. This is a true and correct copy of PRESENTATION the original Resolution adopted by the Council of the City of Philadelphia on the 12th day of February, 1998. Signed by John Street, President of City Council, and co-sponsored by all the members. Now, the one thing you learn from this is, never share a platform with an adorable little 3 year old, who says, "I am this old." Thank you, Madam Chair. (Applause.)
Good morning to you all. I would like to thank the City of Philadelphia for presenting me with this resolution and for you supporting me throughout my career. It has been an up and down career, but I feel as though now I am at the top of my career and I am doing the best that I could possibly do as Philadelphia World Champion. I would also like to thank all of you that happen to be fans, and all of my fans that are out there from Philadelphia, as you have supported me throughout my career. INTRODUCTION OF VISITING GROUP And also I would like to thank my wife for the support that she has given me throughout my career, both in and outside the ring. Thank you. (Applause.)
At this time the Chair recognizes Councilwoman Tasco for the purpose of introducing a group of visitors who have joined us today.
Thank you, Madam Chair. I would like the Councilmembers to meet some very special people. They are members of the Maternity Care Coalition, who staff the MoMobiles around the city. The miniature MoMobiles on your desks are provided to Councilmembers as a token of the appreciation for our support of their projects. Joanne Fisher is the Executive Director of the Maternity Care Coalition. Joanne. We have with us also from Germantown, INTRODUCTION OF VISITING GROUP Glenda Gray and Valerie Ruladod; from the Strawberry Mansion High School, we have Susan Anderson; Strawberry Health Center, Cynthia Bouton; and a client, Adrienne Wright. From Mt. Airy, we have Nancy Elfont. From the Northeast, we have Carmen Diaz Alliers. From the Latino MoMobile, we have Estella Carosco and Demeris Espinoza. From West Philadelphia, we have Julia Lewis. From North Philadelphia, Meloney Lawson. From South Philadelphia, Marie Gavassi. And from Overbrook High School, Michelle Figorolla. We want to thank them for being with us today. (Applause.)
They do a lot of hard work to make sure that the MoMobile is available in the community, and we want to continue to support them.
If the group would please stand, we would really love to recognize you and thank you for all of the wonderful work that you have been doing. Thank you so much. COMMUNICATIONS (Applause.)
The next order of business is Communications. The Chair recognizes the Sergeant At Arms for the purpose of delivering the messages from the Mayor to the Chief Clerk. The Chief Clerk will 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 I have signed on March 11, 1998, the following bill, Bill No. 980025. 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 draft of a resolution entitled 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 South Central Urban Renewal Area identified by house numbers and street addresses at 1902 and 1930 Carpenter Street, 1909 and 2018 Montrose Street. INTRODUCTION OF BILLS & RESOLUTIONS
The messages will be printed in the Journal. The Chief Clerk will read any other communications in her possession.
Seeing none, the next order of business is introduction of bills and resolutions. At this time the Chair recognizes Councilwoman Clark for the purpose of suspending the Rules concerning the resolutions.
Madam Chair, I move that the Rules be suspended so as to permit consideration of resolutions immediately. (Duly seconded.)
All those in favor will signify by saying aye. The motion is so carried. The Chair recognizes Councilwoman Clark for the purpose of introducing bills or resolutions.
Madam Chair, today on behalf of the President, I have one bill, INTRODUCTION OF BILLS & RESOLUTIONS and on my own behalf, one resolution for which I ask immediate consideration.
The Chair thanks the lady. The Chief Clerk will please read the bill.
An Ordinance authorizing Boyds Philadelphia to construct and maintain a canvas canopy a minimum of 9 feet above the footway in front of the facade of 1818 Chestnut Street and projecting approximately 16 feet from the facade of said property, under certain terms and conditions.
The bill will be referred to the appropriate committee.
A Resolution calling on the United States Senate to give its advice and consent in support of U.S. ratification of the convention on the elimination of all forms of discrimination against women, and further urging Pennsylvania Senators to take an active role in support of its ratification. (Duly seconded.)
All those in INTRODUCTION OF BILLS & RESOLUTIONS favor of the resolution will signify by saying aye. Those opposed. The ayes have it, the motion is carried. The Chair recognizes Councilman Cohen.
A Resolution in solemn recognition during the week of April 19 through April 25, 1998, of the annual remembrance of the 6 million Jewish martyrs who perished in the Holocaust. (Duly seconded.)
All those in favor of the resolution will signify by saying aye. Those opposed. The ayes have it. The motion is carried. The Chair recognizes Councilman Kenney.
Thank you, Madam INTRODUCTION OF BILLS & RESOLUTIONS Chair. I have no bills or resolutions today.
Thank you, Madam Chair. I have no bills or resolutions today.
The Chair thanks the lady. The Chair recognizes Councilman Nutter.
A resolution authorizing the Council Committee on Law and Government to hold hearings to examine the process and criteria utilized by the Philadelphia Facilities Management Corporation in granting bonuses to the executive management team of the Philadelphia Gas Works, and to determine compliance by the PFMC Board with the provisions of Ordinance No. 1258 of 1995, and further requesting that the PFMC Board suspend any action on additional bonuses until this matter INTRODUCTION OF BILLS & RESOLUTIONS is fully reviewed and resolved.
Madam Chair, I move the adoption of the resolution. I would like to be heard on the resolution.
I will wait for the second. I would like to be heard on the resolution after it is -(Duly seconded.)
All those in favor signify by saying aye. Those opposed. Councilman Nutter.
Thank you, Madam Chair. Just very briefly, there has been some discussion of this issue, both in press accounts and in some meetings. I want to make my views on this very, very clear, as to what it is INTRODUCTION OF BILLS & RESOLUTIONS about and what it is not about. I believe that the top managers at PGW are not the issue here. The issue in this matter has to do with the activities of the Philadelphia Facilities Management Corporation, generally known as PFMC. They have a contract with the City of Philadelphia. We required them to do certain things by an Ordinance amending that particular contract. It is uncertain, at best, as to whether or not they followed the dictates of the amendment to their contract. This is not about Jim Hawes individually or Mr. Martin or Mr. Sharbett. Those individuals, I believe, do their job and work hard. This issue is only about the activities of PFMC and whether or not they have carried out the mandates of the Council resolution that was passed in 1995. They cannot, seemingly, answer those questions. And, so, this matter does need to be reviewed and investigated, and that is the purpose of the resolution. It has nothing to do with those individuals and the quality of their work. INTRODUCTION OF BILLS & RESOLUTIONS Thank you very much, Mr. President. (President Street resumes the Chair.)
Thank you very much. Is there anyone else who wishes to be heard on the resolution? All in favor let it be known by saying aye. Those opposed say nay. The ayes have it. The resolution is adopted. The Chair recognizes Councilwoman Verna.
The clerk will please read the title of the first resolution.
A Resolution commending the National Fish & Wild Life Foundation for their efforts to build a national environmental center education center on the grounds of the John Heinz National Wild Life Refuse in Southwest Philadelphia.
The Chair INTRODUCTION OF BILLS & RESOLUTIONS recognizes Councilwoman Verna.
I move the adoption of the resolution. (Duly seconded.)
All in favor let it be known by saying aye. Those opposed say nay. The ayes have it. The resolution is adopted. The clerk will please read the title of the second 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 South Central Urban Renewal Area, identified by house numbers and street addresses at 1902 and 1930 Carpenter Street, 1909 and 2018 Montrose Street.
I move the adoption of the resolution. (Duly seconded.) INTRODUCTION OF BILLS & RESOLUTIONS
All in favor let it be known by saying aye. Those opposed say nay. The ayes have it, the resolution is adopted. The Chair recognizes Councilwoman Tasco.
Mr. President, I offer two resolutions on behalf of Councilwoman Fernandez and two resolutions on behalf of Councilwoman Tasco.
The clerk will please read the title of the first resolution introduced by Councilwoman Tasco on behalf of Councilwoman Fernandez.
A Resolution calling on employers throughout the city to make an attempt to accommodate their employees who bicycle to work by allowing for the storage of bicycles indoors.
Mr. President, I move for the adoption of the resolution. (Duly seconded.) INTRODUCTION OF BILLS & RESOLUTIONS
All in favor let it be known by saying aye. Those opposed say nay. The ayes have it. The resolution is adopted. The clerk will please read the title of the second resolution introduced by Councilwoman Tasco for Councilwoman Fernandez.
A Resolution commending and honoring Robert Graves for his demonstrated commitment to the betterment of the community of the City of Philadelphia through his efforts to establish the Greater Philadelphia Book Bank.
Mr. President, I move for the adoption of the resolution. (Duly seconded.)
All in favor let it be known by saying aye. Those opposed say nay. The ayes have it. The resolution a is adopted. The clerk will please read the title INTRODUCTION OF BILLS & RESOLUTIONS of the first resolution introduced by Councilwoman Tasco on her own behalf.
A Resolution authorizing the City Council Committee on Licenses & Inspections to conduct hearings on encroachment of wholesale merchandising in C-2 areas which border residential communities.
I move for the adoption of the resolution. (Duly seconded.)
All in favor let it be known by saying aye. Those opposed say nay. The ayes have it. The resolution is adopted. The clerk will please read the title of the second resolution.
A Resolution authorizing the City Council Committee on Civil Service to conduct hearings and investigations into the diversity, policy within the ongoing reorganization of the City of Philadelphia's INTRODUCTION OF BILLS & RESOLUTIONS Department of Personnel and into the effects these policies have on the city workers, work force and its image.
Mr. President, I move for the adoption of the resolution. (Duly seconded.)
All in favor let it be known by saying aye. Those opposed say nay. The ayes have it. The resolution is adopted. The Chair recognizes Councilman Ortiz.
The Chair thanks the Councilman. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Mr. President. I have no bills or resolutions.
The Chair thanks INTRODUCTION OF BILLS & RESOLUTIONS Councilman DiCicco. The Chair recognizes Councilman O'Neill.
An Ordinance authorizing the Commissioner of Public Property, on behalf of the City, to enter into an amendment to the lease dated July 10, 1990, between the City and the Far Northeast Senior Citizens, Inc., for the use of certain property located on the northeast corner of Byberry Southampton Road and Townsend Road to provide for an extension of the city's responsibilities for payment of charges and fees for public utilities, sewer rents, water rents, water charges, and heating charges, under certain terms and conditions.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Mariano.
Mr. President, I INTRODUCTION OF BILLS & RESOLUTIONS have one resolution.
The clerk will please read the title of the resolution.
A Resolution authorizing the Committee on Education to conduct hearings for the purpose of examining the School District's process of subcontracting school busing operations and the safety regulations on these buses.
Mr. President, I move for the adoption. (Duly seconded.)
All in favor let it be known by saying aye. Those opposed say nay. The ayes have it. The resolution is adopted. The Chair recognizes Councilman Longstreth.
The Chair thanks REPORTS FROM COMMITTEES the Councilman. The Chair recognizes Councilman Rizzo.
The Chair thanks Councilman Rizzo. The next order of business, then, is reports from committees. The Chair recognizes Councilman Kenney for the report of the Council Committee on Rules.
Thank you, Mr. President. The Council Committee on Rules reports out Bill No. 980118 with a favorable recommendation.
To the President and members of the Council of the City of Philadelphia: The Committee on Rules, to which was referred Bill No. 980118, entitled an Ordinance authorizing as a place for burial the Founders Grove located on the FIRST READING CALENDAR grounds of the Schuylkill Center for Environmental Education, 8480 Hagees Mill Road, respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Mr. President, I move the Rules of Council be suspended so as to permit first reading of this bill today. (Duly seconded.)
All in favor let it be known by saying aye. Those opposed say nay. The ayes have it. The Rules are suspended, and Bill No. 980118 will be added to our first reading calendar today. Next order of business is consideration of the calendar. The clerk will please read the title of the bills on the first reading calendar.
Bill No. 980118, An Ordinance authorizing as a place for burial the Founders Grove located on the grounds of the SECOND AND FINAL PASSAGE READING CALENDAR Schuylkill Center for Environmental Education, 8480 Hagees Mill Road.
The Chair agrees. The bill read by the Chief Clerk will be added to our second and final reading passage calendar for our next meeting. Council will now consider bills on our second and final reading passage calendar. The Chair recognizes Councilwoman Anna Verna.
Thank you, Mr. President. Bill No. 970820 is being called for consideration on the second reading and final passage calendar. All other bills are being held.
The Chair thanks the Councilwoman. The first bill for consideration will be Bill No. 970820. The clerk will please read the title of the bill.
An Ordinance authorizing real estate transactions necessary to permit the City of Philadelphia to acquire property SECOND AND FINAL PASSAGE READING CALENDAR needed for use by the Philadelphia International Airport, in particular authorizing the Director of Commerce and Commissioner of Public Property to acquire by amicable negotiation, swap, or by condemnation a certain parcel of property owned by 4721 Island Avenue Associates, Limited, located at 4721 Island Avenue, Philadelphia, Pennsylvania.
This bill having been read on two different days, the question now is shall the bill pass finally. The clerk will call a roll.
Councilwoman Krajewski SECOND AND FINAL PASSAGE READING CALENDAR is absent. Councilman Longstreth.
Aye. The ayes are 16, the nays are zero. A majority of all members of Council SPEECHES having voted in the affirmative, the bill passes. This brings us to the end of our consideration of the calendar. Are there any speeches on the part of members of the minority? Are there any speeches on the part of members of the majority? The Chair recognizes Councilwoman Tasco.
Thank you, Mr. President. With friends like District Attorney Lynne Abraham, Judge Massiah-Jackson doesn't need any enemies. I'm sure she doesn't have any. I am so enraged by the strategies and tactics of the District Attorney to prevent the confirmation of Judge Frederica Massiah-Jackson that I can take no consolation in the fact that she has ruined her own future of gaining my support and that of my ward, which voted unanimously never to support her, and to oppose her in any effort she undertakes. The gorilla warfare District Attorney Lynne Abraham has waged against Judge SPEECHES Massiah-Jackson is unwarranted, unsubstantiated, bordering on the unethical for a law enforcement officer. She has defaced the integrity of and respect for the justice system by doing what we ask our constituents not to do. She has presented only one side of an argument and in the dark of night, as if the District Attorney's argument is the only one to be believed. 's obsession with putting the bad guys in jail has led her to believe that everyone that comes to court is guilty and must be given the maximum sentence. She would not even have us hear the entire argument. She would have us take the police report and send the accused to jail to stay as long as possible. Well, that isn't how our system works, and she is not going to make it work that way. She seems to be gearing up a police state conducted from the Office of the District Attorney. This will never happen. And while I will not tolerate the SPEECHES District Attorney to disrespect my constituents or our judges with her methods designed to intimidate not only this judge, but every other Philadelphia judge, she will not set a precedent for the rest of the country that will invalidate our judicial system. This, I believe, is a conspiracy. And though it is not high-tech, it is just as difficult to confront, but it is not impossible. And with her previously stated views that African-Americans are more criminally inclined than others in Philadelphia, I am suspect of her fundamental position. I believe that the District Attorney knowingly made the false statements and misrepresentations of the legal record of Judge Massiah-Jackson out of some personal well of animosity. And that is the most reprehensible posture that a District Attorney can take. I ask this Council, who made the District Attorney both the judge and jury, as well as the appellate court on the record of Judge Massiah-Jackson? When has any one politician stepped SPEECHES over the Mayor, the ranking Senator with innuendo and mischief to attack an appointment to the judiciary? Judge Frederica Massiah-Jackson has an exemplary judicial career. C. , a legislative Council to the Pennsylvania Legislature's Insurance Committee. She came to the court with her criminal practice, and that's what infuriates the District Attorney. She would have every judge come out of the District Attorney's Office. And what I am told, the cases that the District Attorney has circulated all over the state date from the first two years of Judge Massiah-Jackson's tenure on the court, 1984, 1985. No one in this Council or in any walk of life would want their entire performance to be evaluated on the first two years in a position. The District Attorney has prevented everyone from looking at Judge Massiah-Jackson's career in its totality, and this is what is unjust. The District Attorney has prevented SPEECHES us from considering Judge Jackson's evolution into a thoughtful, deliberate, and fair jurist who will take those same characteristics to the federal bench. I hope that the Senate judiciary Committee will know that all Philadelphians do not support the methods of the District Attorney, and they would be remiss in their responsibility if they permit the District Attorney to tell or even influence them as to who could and who could not be a judge in this underhanded and deceitful manner. Thank you, Mr. President.
Thank you very much. The Chair recognizes Councilman Ortiz.
Thank you, Mr. President. Jesse Helms, Strom Thurman, Senator John Astroff, Aaron Hatch, Phil Graham, Senator Michael DeWine, Rusch Limbaugh, Pat Buchanan, Lynne Abraham, they all are on the same team, to try to prevent the Federal Court system from functioning. The Chief Justice of the United SPEECHES States said that the Senate was holding up judicial confirmations based on idealogical perceptions, that the Federal Court system was developing a huge backlog of cases because the Jesse Helms, the Strom Thurman were applying a litmus test, an idealogical litmus test, to the candidates that President Clinton sent down for confirmation. It seems that you have to now mirror the ideology of these individuals, these individuals that do not, have never had, believed in the Constitution, the Fourth Amendment, or the First Amendment. Individuals who just mirror the opinions of Scalia and Thomas. Individuals who have consistently abridged and limited the rights of minorities and people of color through their legislative action and judicial activities. It seems that that's the type of court system that our District Attorney wants to have. That is the type of judge that our District Attorney would like to have confirmed. The individuals who get along with the Jesse Helms, or the Strom Thurman who are still in the 18th century, the individuals that believe SPEECHES that the Scott position was a good one. We need to be able to set a message that we in Philadelphia, the majority of Philadelphians, do not go along with that type of philosophy, that we do not believe in that type of judicial philosophy or ideology. We tell Ms. Lynne Abraham, you are lying down with dogs. Get up, because you are going to get a lot of fleas. Thank you, Mr. President.
Thank you very much, Councilman. At this time the Chair recognizes Councilman Nutter.
Thank you, Mr. President. I could only associate myself with the comments made by my colleagues. I would only further add that I admire the leadership demonstrated by Councilwoman Tasco and the decision made by her ward. In the 52nd Ward, prior to the general election last year, the committee people out there had already made up their minds about the SPEECHES current District Attorney and chose not to support the candidacy, the result of which was at least a 10 percent differential between what she received in other parts of the city and what was received in the 52nd Ward out in Wynnefield. It has been clear for some time, Mr. President, that this individual has some serious problems in running that office. In budget testimony just last week, when we inquired as to the operations of the office, we were told, essentially, that it was none of our business, support the budget, give me the money, and I will run the office the way I want to. Do not ask what my people do or how they do it. I was stunned to find out that at a hearing that was only for Judge Massiah-Jackson to attempt to clear her name, the District Attorney of Philadelphia saw it in the best interests of justice and in representing the people of Philadelphia that she and a reported three staff members chose to arrive early in the morning to get a front-row seat at a hearing at the Senate Judiciary Committee. I cannot understand how the interests of justice are served in Philadelphia by her SPEECHES appearance there yesterday, other than a self-serving nature to have more time to talk about Judge Massiah-Jackson in an attempt to disgrace her. These incidences over time are disgraceful, they are despicable. Councilwoman Clark asked the District Attorney last week about a statement that supposedly was made at an event prior to last November's election. It is now clear from yesterday's press conference that the District Attorney may have given false testimony here in our Council chambers and budget hearings last week in response to Councilwoman Clark's question. And if the testimony were sworn, there may be a question as to whether or not it was even perjury. I think the record is clear, and that some followup action must be taken by any person of good will, whether a member of City Council or a citizen in this city, that we cannot stand for these kinds of actions. It is unwarranted, it is unfair. It SPEECHES is a skewed view of justice. And so there will be other things to be done. And, unfortunately, I will spend some additional time thinking about what the future response to all of this should be. We continue to wish Judge Jackson well. Somewhere in the next couple of days, I guess, the decision will be made by the U.S. Senate as to her nomination. But she has demonstrated a strength, she has fought a very good fight. I believe that she has answered all the questions. And as Councilwoman Tasco said, it is only in a more than eleventh-hour attack, I guess, 11 o'clock and 59 minutes, we saw another in a series of attacks on this fine person. We will deal with this. The District Attorney will be dealt with in an appropriate fashion. And so I lend my voice in expressing a total disdain for the actions that have taken place in this whole entire event. Thank you, Mr. President.
Thank you very much. SPEECHES The Chair recognizes Councilwoman Clark.
Mr. President, I speak as one who is disappointed that this has taken such an ugly personal turn. I woke up in Washington on Sunday to the CBS on a Sunday morning show being hyped by suggestions that perhaps Frederica Massiah-Jackson may be the worst candidate ever proposed for federal judgeship. And they based that assessment on the fact that a colleague and the District Attorney, who presumptively knows her well enough to speak in an informed manner, had spent so much time documenting her failings. You will remember my colloquy with the District Attorney last week, when I asked, point blank, "Why don't you want her to be a judge." The District Attorney denied that there was any personal animus. But I deny anybody to look at this record and the obsessive nature with which Lynne Abraham has gathered and published information aimed at damaging Frederica Massiah-Jackson's chances to be a Federal District Judge. SPEECHES How can you look at that whole body of evidence and conclude that this is an objective person, simply putting information on the record? I think it is fair that you may be judged by your voluntary associations. Now, you don't pick your relatives, and maybe you don't pick the people who run on an election ballot with you, but you pick your voluntary associations. And if Joseph R. Daughen is correct, he said that the conservative coalition has a new darling, and that that new darling is Lynne Abraham. Among the conservative coalition are the American Family Association, the Christian Coalition, Citizens Against Repressive Zoning, Defenders of Public Rights, the Eagle Forum, Liberty Foundation, Parents Rights Coalition, Pennsylvania Rightful and Fiscal Association, Stop Promoting Homosexuality America, Texas Right To Life Committee, Traditional Values Coalition, and Watch Dogs Against Government Abuse, all code names for anti-liberal and fair organizations. It is all right for Lynne Abraham not to like Frederica Massiah-Jackson. But if you are SPEECHES asked a point blank question, you should answer it in an honest way. And I think that what the two women feel about each other personally is none of my business, and I couldn't care less if I was actively trying not to care. But what does bother me is that we have now seen a person in a high elected position debase the position by reducing it to a hair-pulling cat fight. I hate it because Judge Massiah-Jackson has been dignified and has restrained herself, when there must have been opportunities when she wished to strike back. If only we could get some corresponding sense of restraint, if we could roll this discussion back to this issue, then however the chips fall, would be fair. Now we are just watching a histrionic display of meanness, and I am just disappointed that the District Attorney has no better use of her time or energies than to act in this way and making the City of Philadelphia look silly. I do not like to see our city reduced SPEECHES to the silliness that this has become. Thank you, Mr. President.
Thank you very much. The Chair recognizes Councilman Kenney.
Thank you, Mr. President. And at the risk of belaboring this discussion, which I think we know how long this day has been so far, I don't think anybody in this chamber would ever characterize me as a liberal in any way. And I mean that in the best sense of the term. I am a friend of Lynne Abraham, and I like her personally, and I think there are as many good qualities that she has brought to that office. But the one thing I would urge her to do -- and it may be too late now -- is to stop. When this issue first came to the fore, I certainly was interested because it involved criminal justice and those issues, and did some study of my own into Judge Jackson's record. I have never practiced. I am not a SPEECHES lawyer. I never practiced in front of Judge Jackson, so my comments are not from the courtroom; they are from my experience with her as a person. I find her to be a very decent, dedicated, intelligent person, who treats people with respect, has always treated me with respect. And looking at her record, there are times when she was more lenient than maybe other people thought she should have been. But I think that's what we elect judges to do, is to make their own decisions based on the facts in front of them, their own gut feeling, their own experience. There have been other cases, however, where she has been more severe than would seem the norm. And they, again, were her decisions to make. And I also looked at her record on the number of cases where she was appealed. And she seems to fall right in the middle of all the other judges in the Common Pleas Court on being appealed on their decisions. And I too am saddened not that the District Attorney has expressed her opinion, because I think the District Attorney has a right to express her opinion, but to continue on this road has SPEECHES embarrassed the city, I believe, and has embarrassed our judiciary, and has not given a very good reputation to us as a whole. And it may be too late, after what happened yesterday, with the last-minute faxing of 20 cases. But I would urge her as a friend to stop. I think that Judge Jackson would make a fine federal judge. It is well beyond the time where she should have been appointed. She has been nominated, and she should have been confirmed by now. She should be sitting on the bench. So I would just urge my friend to end this, and let's move forward. And hopefully not too much damage has been done, that she still can be confirmed. Thank you, Mr. President.
Mr. President, I just have to amend my comments very briefly. I want the D.A. to show the same tenacity that she has shown on this issue by closing SPEECHES down a nuisance establishment, at Cornelius and Haines, right across the street from Martin Luther King High School. I want her to put all the efforts of those D.A.'s in her office and this Nuisance Task Force she has asked us to increase funding for. We have complained and we have documented our case for three years, and we haven't gotten anything near the action on this case that's given to the one against Judge Massiah-Jackson. So I challenge her to put forth all the staff in her office to close that establishment down and make the lives of those people up there better. And she is not doing that, and I challenge her to do it. Thank you.
Thank you very much. Are there any speeches by any other members? At this time I would like -- I am sorry, Councilwoman Miller. Your light is once again flickering.
I didn't turn SPEECHES it off. I don't know how it went off.
I think my stuff over here doesn't really work well, my mike and everything. Anyway, I am not going to prolong this, but I too want to make comments regarding Judge Jackson. Last night when I got home, I saw the news report of her leaving the press conference. And I was personally saddened and dismayed that she would have to go through all that. Because you think about how long someone has to go to school and all the professional development and things they go through, to be trashed on national TV. So I just want to publicly say to Judge Jackson that I admire her, I admire her perseverance and courage. And is this the way that African-Americans and other minorities will no longer be able to get federal appointment and confirmations? Is this a new method? Is this the SPEECHES new method? So I wanted to say that I support Judge Jackson, for all it is worth, and would also encourage the D.A. to back off. Thank you.
Thank you very much. Are there any other speeches? At this time, I have, at the request of Councilmembers, directed a communication to Mr. Jack Leary, copies of which I wish to have made available. I would like to have a copy of the letter that I wrote to Mr. Leary. You don't have that letter. I knew you didn't. The response to the letter that I wrote and the letter that I wrote was short. The response that I got was longer. Obviously the Mayor's former chief of staff had something to do with this letter. It says, "Dear Council President Street," and, by the way, after I read this letter and after you have had an opportunity to see it, then we will entertain a motion to either recess, adjourn, or stay in place. SPEECHES "Dear Council President Street: This is to respond to your letter to me of this morning." This letter, of course, comes from John K. Leary, Jr., who is the General Manager over at SEPTA. It says, "You should be aware that the SEPTA Board and management share City Council's concern both as to the lack of serious and substantive negotiations and as to the need to avoid a work stoppage." I am going to have to talk to Mr. Leary and explain to him that one of the beautiful things about computers is that you can raise the size of the print, so that it bears some relationship to the age of the reader. The older I get, the larger print I need. "While we understand the TWU's off-sighted position that it is SEPTA management that has not been bargaining in good faith, unfortunately, the clear record demonstrates that it is the TWU that has refused even to discuss most of the important and serious and substantive issues that SEPTA has put in issue in these negotiations. "It is precisely because of the lack SPEECHES of progress in negotiations and the crippling effect of the work stoppage on the City of Philadelphia that SEPTA offered on Monday to extend the contract deadline for an additional two weeks. That offer remains open. "All this said, SEPTA agrees fully with Council's belief that continuous, around-the-clock negotiations are essential in attempting to narrow the party's differences. "Our negotiating team stands ready, willing, and able to enter into these negotiations immediately. "Pat Battel, SEPTA's Chief Labor Relations Officer and the lead negotiator for SEPTA, has full authority to make agreements on behalf of SEPTA management. "Mr. Battel and the negotiating team are available at the hotel to resume negotiations immediately upon the union's return. "David L. Cohen and I are in continuous contact with the SEPTA negotiating team and are available to be consulted by Mr. Battel as required. "Thank you for expressing your SPEECHES concern. I am hopeful that upon returning to the table, the union's representatives will commence bargaining in good faith. "And in the event that the parties are unable to reach an agreement by midnight Saturday, that the union will accept SEPTA's offer for a two-week contract extension. "Sincerely, John K. Leary, Jr." What I would like to have now is for Councilmembers to receive a copy of my letter to Mr. Leary and Leary's response which I just read. The Chair recognizes Councilman Cohen.
Is it possible for us to have both your letter and his response, so as to -
All right. SPEECHES Thank you. Reasonable minds do agree.
I find that both your letter and the response completely ignore the position taken by the union this morning. Your letter does not make clear the feeling that David L. Cohen and John Leary must be present at the bargaining, in the opinion of the union, if there is to be serious bargaining. The union made very clear that there were no other persons fully authorized to negotiate a conclusion. That's the opinion of the labor organization. Whether it is sound or not, that was the opinion they stated clearly. And that meant that there was no need for this response of Mr. Leary to be anything other than a rehash of SEPTA management's position, one of total disrespect of the union, by having a subordinate do the negotiating, instead of having Mr. Leary and Mr. Cohen at the negotiating table. I believe that it is absolutely essential that this body, the City Council, which is SPEECHES the only elected body that represents the overwhelming mass of people that are going to be the major sufferers if a strike takes place, I believe that it is necessary for this body to remain in session, so that if any developments either occur or fail to occur, if in the judgment of this body there is need for action, we will be in a position to do so. But I must say, I am disappointed in your letter, which contained the statement, "Council seeks assurance that David L. Cohen, John Leary, or other persons fully authorized to negotiate a conclusion to this matter." It is clear that in the opinion of the union, they have no one to negotiate with currently. And the response that you got merely restated management's position that it is going to go with this team that the union believes is not authorized to negotiate.
Councilman Cohen, it was my attempt in this letter not to represent fully, necessarily, the position of the union, but the position of City Council. And when I questioned members of SPEECHES Council about what it is they requested of the union, the response was, because I repeated it, that David L. Cohen, Mr. Leary, or fully authorized, their fully authorized representatives, should be at the negotiations. Now, that is my understanding of what Council members wish to be communicated. And if there is a Council member who disagrees with that, and obviously there is at least one, then other members should say. It seemed to me that Council members were interested in around-the-clock serious negotiations, calculated to avoid a strike, and that people at the unions have somebody to negotiate that was authorized and that could make a settlement.
It certainly seems clear to me, Mr. President, that you heard the same words I heard. They stated specifically that if neither Leary nor David L. Cohen were at the negotiating table, that they would not consider any matters, unless one or the other or both of them were at the table.
Councilman Cohen, SPEECHES that is not what I heard. What I heard -
That's clearly what I heard. It has clearly been the public position of the union. The people referred to in the letter are the same people who have been present all week long and whom the union characterizes as not being people with the authority to negotiate a contract. If your purpose is to merely permit the present situation to continue to exist, then I think both letters make sense. If your purpose is to make it possible to determine whether settlement can be obtained through genuine negotiations, with the real people involved at the negotiating table, then we have to have a different approach.
Thank you very much, Councilman. The Chair recognizes Councilman Mariano.
Thank you, Mr. President. Mr. President, I don't think I was too confused in what the union was saying. I think SPEECHES the union, they were just here a couple of minutes ago. And this letter that comes back from Mr. Leary says that Battel is able to negotiate. Now, the union may want David Cohen and Leary to negotiate. But what this letter says, and it says to me, that they are saying that Battel -- now, I didn't go to law school, but I think I can read this -- and it says that Battel can negotiate for SEPTA. So let's hope everybody is in the hotel room. Do we have to go over there and stand there all weekend and make sure they stay in this room? Because 12:01 Monday morning, regardless of whose fault it is, there is going to be a strike. And the people that live in my Council district don't want to walk on the El tracks to go down here to do their jobs. Because these aren't high-paying jobs. These aren't people that can afford to get a ride in, like some of the SEPTA Board members. I always take the union's stance. And on this particular issue, I think that both sides have to sit down here and seriously agree. Someone has to intermediate this, Mr. President, SPEECHES maybe you or the Mayor. Somebody has to get all these sides together. Please, can we do that?
Thank you very much. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Mr. President. As a followup to my colleague, Councilman Mariano, it is apparent to me, anyway, from the letter from Mr. Leary, that someone is over there waiting. Do we not need to do a letter now to the TWU, and suggest to them, as a result of this letter from Mr. Leary, that someone begin to go over there to start negotiating? I don't want to split hairs about whether it should be Cohen or Leary. Again, the letter, I think, to me suggests that that person is the person that they should be negotiating with. So do we do a letter to them? Because they came to us this morning and asked us to help them, and I think we did our part. SPEECHES
I mean, we can do whatever it is the will of the majority of the members of this body to do. It just seems clear to me that if the union wishes to negotiate, SEPTA also has expressed its concern. SEPTA has people that are charged with that responsibility. The union doesn't like them, wants to talk to somebody else. What else is new? These are labor negotiations. And I don't know that it is the prerogative of this legislative body to tell Mr. Leary, you have to be the one that's in the room. What I want is serious, substantive negotiations to take place between the labor union, its representatives, and SEPTA. And that can take place with any number of people. And, frankly speaking, I don't think any of us really care who they are, as long as those talks are taking place. COUNCILMAN DiCICCO: I agree, Mr. President. When labor disputes reach an impasse, an arbitrator is appointed. No one gets to pick who SPEECHES that person is. So at the end somebody has to be in that room. And if SEPTA is there, then I think the TWU needs to be somebody over there, also.
It is clear to me, on the basis of the letter, that SEPTA is there, has a negotiating team, and is ready to continue to talk.
Councilman Cohen, you are not recognized. The Chair recognizes Councilwoman Clark.
Mr. President, I thought that your letter captured what went on in our caucus this morning, beginning specifically with the language of the second sentence in the second paragraph, which reads, "Council seeks assurance that David L. Cohen, John Leary, or other persons fully authorized to negotiate a conclusion to the matter are prepared to immediately enter into continuous bargaining unless a settlement is reached," I believe that that is the sense, if not the exact language, of our caucus. And at least that's what I thought we were asking to have an SPEECHES assurance of. I believe that it is improper for us to structure who can speak for either side of this very contentious matter, but that the letter, which you got in response to your letter, in relevant part, says in Paragraph 2, the second sentence, "Our negotiating team stands ready, willing, and able to enter into these negotiations immediately. Pat Battel, SEPTA's Chief Labor Relations Officer, and the lead negotiator for SEPTA, has full authority to make agreements on behalf of SEPTA management." Now, that seems to me to be a delegation which appears on its face to be proper. Unless someone sees this as an improper delegation, I think we overstep our boundaries when we start structuring who can sit at the table and represent either of the parties. I thought Mr. Cohen and I had agreed prior to this meeting that we were on the same side. And I am now missing the very thin line that separates us, but it is clear that we are not now on the same side.
Thank you very much. SPEECHES The Chair recognizes Councilman Nutter.
Thank you, Mr. President. Just a point of information. Unfortunately, I missed the part of the presentation by Mr. Brookins. Did the union indicate that they would not negotiate if those negotiations did not involve either Mr. Cohen, Mr. Leary, or both?
Or that there was just displeasure with the people that they are currently negotiating with, which may include Mr. Battel?
The representatives of the union effectively communicated to me that they had a deep-seeded and reasonably held belief that these representatives weren't the ones they wanted to talk to because they believed that they did not have the proper authority. There was no question about that, in my mind. I understood that that was their position. SPEECHES I understood the position of the members of City Council was, or is, that we want properly authorized people to be at the able, either Cohen or Leary or somebody who is authorized to do their job, to represent the company. Now, you know, I don't know that it makes any sense for us to try to go any further than that. And I will tell you, having been around here for a couple of years and seeing how these things work, typically there is a negotiating team for the union and there is a negotiating team for the management. And at some point in time, those two groups go as far as they can go, and then you will have, you know, the general manager and maybe the head of the union, who in the last minute will kind of come together and put the cap on this thing. I mean, it is something like that that tends to happen.
One further question. And I know you just got the response. I don't know whether the response has been shared with the members of the union. SPEECHES Do we have any idea what the response is to the letter as written by Mr. Leary about who is authorized, and how they are prepared to continue, or contract deadline, extensions, or any of that? Do we have any current data?
Councilman, I don't think they are here. I do not wish for us to underestimate the impact that our position in this will have on the SEPTA negotiating team. It may very well be that these people's attitudes will soften on some things, or maybe they will be willing to talk about some things that they were unable to talk about prior to all of this discussion. We can't know that until there has been an opportunity for people to continue to talk. But I don't know that we have any way of dictating, per Councilwoman Clark's concern, who it is that goes into the room to talk to representatives of the union.
And, finally, I guess, Mr. President, the issue was raised in caucus, I think it has been raised here, as well, I don't know what the practical meaning is of a recess, as opposed to adjournment. SPEECHES We have, naturally, recessed Council hearings for extended periods of time, even into the next day, for whatever reason, because of business that needed to be concluded, and first reading issues, and the like. I am just wondering as to what that really means, and is that a notion of, we will sit here in the chamber -
-- stand in recess, go wherever we are going to go? And if we need to be back here, we will stand available. I am going to be around.
Let me comment on that. There are really three things that we can do: One, we can stay in session; two, we can go into recess; three, we can adjourn this Council and stay available. Those are the three things we can do. SPEECHES If we stay in session, that means that we can conduct lawful business in this session; i.e., if somebody wanted to introduce a resolution of any kind, we could have a lawful session in order to do it. We would not have to readvertise in order to have an emergency session of this Council. The Rules provide the procedures for doing that. If we have a recess, then we recess to a date and time certain, which means that everyone, technically, is free to go, although, technically, nobody can be made to come to a Council session at any time anywhere, probably. If we were to stay in session, we would probably recess until tomorrow at some particular time. It is not necessarily required, but somebody would have to come here, and we would then be in a position to maybe get an update. If somebody wanted to introduce a bill or a resolution, then we would be in a position to entertain that bill or that resolution. Now, if we are not in session, and if the session is adjourned, if you wanted to introduce SPEECHES something of any kind, you have to have a special meeting, and that requires 48 hours, some advertisement. If we are not in session and we wanted to get an update on something, then I would simply, at the request of a member or on my own motion, call Councilmembers and say, we are going to get briefed. Those people who are interested in being briefed, come to the caucus room, the Mayor's room, some place, because we are going to get briefed on what the status is. Now, we can do whatever we want to do.
That's the beauty of being a legislative body. The Chair recognizes Councilman Cohen.
Mr. President, without dealing with the other questions, the answers to which, from my point of view, would be different than the answers you gave, but without dealing with that, I would like to move that this Council recess until noon tomorrow, Friday, March SPEECHES 13. At that time we will know whether this letter was satisfactory, whether negotiations have resumed to a serious degree, we can have an update and we can be ready for action. (Duly seconded.)
Can we recess to the call of the Chair? Can we do that?
No, we may not do that. We may not do that without readvertising a session. If we wanted to keep this session alive, we have to recess to a date and a time certain. And if we pass this motion, then we should come back here tomorrow at 12 o'clock in order to be able to get information. We shouldn't pass this motion, and the only people who are here tomorrow at 12 o'clock are Councilman Cohen and myself and maybe one or two other people. Now, just so you will know, if we pass this motion, I will expect all of us to convene in a very, very brief caucus, in the Caucus Room, to SPEECHES get a status report. The Chair recognizes Councilwoman Blackwell.
Thank you, Mr. President. I would like to offer another suggestion that may be a way in between. And that is that if the Councilmembers are willing to have you request either in writing, or since we are here at this time and we have SEPTA representatives here, to request -- and I agree that this letter fulfills our request this morning in caucus. But I make a suggestion that we make the request that the two individuals in question, David Cohen and John Leary, be at the negotiations. If we are willing to make that request, maybe that takes us where we need to go, and we won't need to come back tomorrow, if SEPTA will make that agreement.
Mr. President, I fully appreciate and respect my colleagues to the SPEECHES left. But I do not think it is within our right to structure the negotiating team for either side. I this we overstep our authority.
Councilwoman Clark, respectfully, we don't have any authority in any of this. And I don't mean that disrespectfully. What we have is influence. We don't have authority; we have influence.
All right. Then let me accept your correction of what gets us here, and say I think it unwise of us to structure who can exercise the authority of the parties in a collective bargaining agreement. I think that that would be a mistake. I think that the labor union has the right to decide who speaks for it, and I think that management has the right to decide who speaks for it. And that beyond that, all of us make ineffectual suggestions that border dangerously on officious intermentment.
Thank you, Mr. President. I think the most dangerous intervention that we can be involved in is that we do nothing to try to resolve the matter, so that our citizens are out on strike this weekend. Now, we don't want a strike. I am willing to do whatever we can to try to bring the sides together to make sure that doesn't happen. We know we have no role formally. Technically, we have no role to begin with. So in our desire to prevent a strike, because our greatest responsibility is to the people we represent, then we would be involved. And I believe that once involved, then we have the right to request that these individuals be involved in trying to resolve the matter so that individuals can come back to the table.
There is a motion on the floor, and I will ask all further comments from this moment on to be directed to that motion. And the motion is that the Council stand at recell until 12 o'clock tomorrow. SPEECHES Has there been a second to that motion?
The motion is that Council stand in recess until tomorrow at 12 o'clock. Is there anyone who wishes to comment on that motion?
All right. I think we can accommodate that. The clerk will call the roll.
The motion is that the City Council of Philadelphia stand in recess until tomorrow at 12 o'clock noon.
The ayes are 12, the nays are zero. The ayes have it. This Council stands in recess until SPEECHES tomorrow, at 12 o'clock. We will have a brief caucus tomorrow at 12 o'clock. Thank you very much. (Stated Meeting adjourned at 1:30 p.m.) C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, March 12, 1998, were reported fully and accurately by me, and that this is a correct transcript of same. RE: STATED MEETING _____________________________________ DEBRA A. WHITEHEAD, RPR