Aye. The ayes are 16; the nays are zero. A majority of members present voting in the affirmative, the bill passes. Mr. Decker, 140512.
An ordinance authorizing and approving the execution and delivery of a Service Agreement between the City of Philadelphia and the Philadelphia Authority for Industrial Development relating to the financing of additional operating funds for the School District of Philadelphia, approving the issuance by the Philadelphia Authority for Industrial Development of bonds, notes or other evidences of indebtedness in one or more series, to finance such additional operating funds; and 6/19/14 - STATED - 2ND READING authorizing and approving the obligation of the City of Philadelphia to pay in full when due the Service Fee and other amounts payable under the Service Agreement.
This bill has been read on two separate days. The question is shall the bill pass finally. Mr. Decker, call the roll.
Aye. The ayes are 16; the nays are zero. A majority of members present voting in the affirmative, the bill passes. Mr. Decker, please read the title of 140377.
An ordinance amending Title 10 of The Philadelphia Code, entitled "Regulation of Individual Conduct and Activity," by adding a new Chapter 10-2100, entitled "Marijuana Possession," to create a civil penalty for the possession of certain items and to provide for penalties and enforcement procedures for violations of such provisions.
Before I call for the vote, the Chair 6/19/14 - STATED - 2ND READING recognizes Councilman O'Brien.
Thank you, Mr. President. As I stated in last week's Law and Government Committee hearing, I commend Councilman Kenney for starting this dialogue in an effort to reduce resources spent on small amounts of marijuana arrests in the Police Department, the District Attorney's Office, and the courts. However, I have several concerns about the measure that is before us today. The DA's Office, with the cooperation of the First Judicial District and the Public Defender's Association, implemented the Small Amount of Marijuana program, known as the SAM program, in June of 2010. This was done after a local attempt to make possession of a small amount of marijuana a summary offense. This attempt was struck down by the courts. For clarity, the penalty is currently an ungraded misdemeanor, not a felony. 6/19/14 - STATED - 2ND READING Since mid 2010 through last week, the SAM program has delivered nearly 14,000 cases involving the possession of less than 30 grams of marijuana away from traditional prosecution and saved the City nearly $10 million. It's clear the DA's Office has made a concerted and honest effort to ease the resources spent on marijuana arrests. They've established a thoughtful protocol for such cases, and it gives offenders a sensible path to have their records wiped clean. The DA's Office agrees to a release on recognizance bail for every individual charged with SAM. This eliminates the chance that the individual will be held on that case. Those arrested are processed quickly. The average time from arrest to arraignment to release is less than 17 hours and ensures that individuals will not sit all weekend waiting to go free. Within two weeks of arrest, SAM 6/19/14 - STATED - 2ND READING individuals are officially offered entry into the program, can complete the program and have their records expunged within six months of arrest. Participants pay a $200 penalty, which is significantly less than the estimated $600 the court costs in lab fees that an individual is required to pay if convicted of SAM. The purpose of the program is to identify non-violent offenders and give them an opportunity to avoid convictions and the consequences that flow therefrom. Again, this is a thoughtful resources savings approach by the local law enforcement community and operates within the four corners of Pennsylvania state law. I think the bill currently under consideration may really have a state law preemption problem despite the technical limitations in the language. As part of my due diligence, I ran this measure by several highly regarded 6/19/14 - STATED - 2ND READING attorneys specializing in appellate and constitutional matters, and after those conversations, I am of the firm belief that if this ever went to the Supreme Court, they're likely to say that Philadelphia has no business making up its own penalties for things that the Legislature has already penalized. Regardless of where you fall on this issue, we are bound to live within confines of our laws, and the reality remains that in Pennsylvania, possession of marijuana remains illegal. To change that, you really have to go to Harrisburg. And while this bill doesn't per se decriminalize marijuana possession because it's civil in nature under The Philadelphia Code, it essentially has the same effect. In addition to the preemption issue, I have questions and concerns within four specific areas of the bill. The public misinterpretation and the discretion of police: Will the 6/19/14 - STATED - 2ND READING public believe that marijuana is legal now in the City of Philadelphia? What kinds of problems will this cause for police officers? Will an unintended consequence be increased aggravated assaults on police officers due to the misunderstanding and misinterpretation of the law? On one hand, we questioned the discretion of the Police Department. Now we will give those same police officials the discretion to decide who to arrest and who not to arrest and who to fine.
Something here just doesn't make sense. If I am arrested and someone else is fined, can I sue the City for unlawful arrest? Could this raise unwanted equal protection claims against the City? Public places: There is widespread concern by police and community members regarding the loitering that is often associated with marijuana use in their communities. In short, they want to be able to answer complaints from 6/19/14 - STATED - 2ND READING the community about groups of people smoking marijuana on corners in front of stores, et cetera. If it is not a question of public health to allow people to smoke marijuana in public -- is it not a question of public health? Do you want to be standing on a corner or a bus stop with your children while someone is smoking a joint? What does the Health Department have to say about that? Both in Washington, DC and Chicago, they make it clear that it is not okay and it remains unlawful to smoke in public. Even Colorado where marijuana is legalized statewide, they do not allow smoking in public. This bill does not do so. Fines: The fine is entirely too low at $25 compared to other civil penalties. You have to pay $50 for an open container violation for alcohol, which is legal. You have to pay a $50 fine for public urination or defecation. 6/19/14 - STATED - 2ND READING Skateboarding, roller blading, and bicycling on public property is a $300 fine. Failure to properly clean up after your dog is a $300 fine. The Chicago ordinance calls for fines of 250 to 300 -- for $250 to $500, while the DC law, which has not been approved yet by Congress, requires a $100 fine. The SAM program requires a $200 penalty and has experienced a participation rate of 95 percent since its inception. This is evidence that the fine isn't exorbitant and individuals are willing to pay it. At $25, it almost encourages getting high in public and some might factor into that the cost of a good time. Probation: And this is critical. Almost 70 percent of SAM offenders have prior criminal contacts and are on some form of probation. What about people who are on probation and the judge specifically orders as a condition of their probation that they not possess 6/19/14 - STATED - 2ND READING or consume any controlled substance or break the law? How will the judge know that this person was fined $25 for violating that order? In closing, I understand where Councilman Kenney is trying to go with this measure, but this isn't the path. To accomplish his objective the right way, it must be done via statute in Harrisburg by making possession of a small amount of marijuana a summary offense. Thank you, Mr. President.
Thank you, Councilman. The Chair recognizes Councilman Oh.
Thank you very much, Council President. I too would like to express my admiration for Councilman Kenney. He is an innovative, out-of-the-box thinker. He is probably the most progressive person. I know people would compete for that. And I 6/19/14 - STATED - 2ND READING really say that with all sincerity. I don't agree with him on this bill, but I wanted to say that, because I really appreciate new ideas, new approaches. The reason that I have my concerns is because at the end of the day, marijuana, no matter what you do in Philadelphia, is a criminal violation in the State of Pennsylvania. I don't want to mislead people in our city that if you happen to have a certain small amount, that you are okay. You're not okay. You can be arrested and you can be prosecuted. I think the larger discussion, which some people have said this will lead to, is the issue of whether there should be legalization of marijuana, but until that discussion occurs in the State of Pennsylvania, this issue to me is very similar to prohibition. People like to have their booze, but the booze, which is illegal, comes at a price. Marijuana is an organized crime 6/19/14 - STATED - 2ND READING issue. A lot of people are abused and exploited and murdered in processing and distributing and selling the drug here in the United States. Perhaps we should in the United States come to a conclusion on what our policy is. I find it very problematic that we tell other countries not to grow it. We spend a lot of money to prevent it from entering. We pursue lots of people, put them in jail, and at the same time, we're saying but if you have a little bit, it's okay. So that is my concerns and why I will be voting against it. Thank you.
Thank you, Councilman. If there are no other speeches, this bill has been read on two separate days. The question is shall the bill pass finally. Mr. Decker, call the roll.
Aye. The ayes are 13; the nays are three. A majority of members present voting in the affirmative, the bill passes. Mr. Decker, can you read the 6/19/14 - STATED - 2ND READING title of 140434.
An ordinance authorizing the Director of Housing, on behalf of the City, to file applications with the United States Department of Housing and Urban Development for a Community Development Block Grant; to participate in the HOME Investment Partnership program and the Emergency Solutions Grant program; and for a Housing Opportunities for Persons with AIDS Grant.
This bill has been read on two separate days. The question is shall the bill pass finally. Mr. Decker, call the roll.
Councilwoman Quinones-Sanchez. 6/19/14 - STATED - 2ND READING
Aye. The ayes are 16; the nays are zero. A majority of members present voting in the affirmative, the bill passes. Mr. Decker, can you read the title of 140417.
An ordinance authorizing the Director of Finance to establish a Free Library Programs and Facilities Fund in which revenue generated from competitively awarded 6/19/14 - STATED - 2ND READING agreements for the use of areas or facilities in the Free Library system may be deposited for use to pay expenses for programs and facilities in the Free Library system.
This bill has been read on two separate days. The question is shall the bill pass finally. Mr. Decker, call the roll.
Aye. The ayes are 16; the nays are zero. A majority of members present voting in the affirmative, the bill passes. Mr. Decker, 140448. That's Consent. I'm sorry. 140488.
An ordinance amending Chapter 17-1300 of The Philadelphia Code, entitled "Philadelphia 21st Century Minimum Wage and Benefits Standard," by further providing with respect to the application of the minimum wage and benefit standard to contractors, subcontractors, recipients of financial assistance, and subrecipients of financial assistance; and by revising the required Minimum Wage Standard. 6/19/14 - STATED - 2ND READING
Thank you. The Chair recognizes Councilman Goode.
Thank you, Mr. President. I will be brief. Two years ago, I traveled to Washington, DC to meet with about a dozen City Councilmembers from across the country to stand up for American progress, all of us self-identified progressive lawmakers. Within six months, we formed Local Progress. Two years later, Local Progress has over 350 local elected officials from 40 states. Our membership includes the Mayors of New York, Los Angeles, Pittsburgh, and Seattle, and the majority of San Francisco's City Council and strong blocks of City Councils in Atlanta, Chicago, Denver, New York, Phoenix, San Diego, Seattle, and here in Philadelphia. Recently, Local Progress members converged on Seattle's Income 6/19/14 - STATED - 2ND READING Inequality Symposium to push for a higher minimum wage. We have an active 15-member Board, including SEIU, and I serve as the founding Board member. I'm also the national Chairman of the Local Progress on Good Jobs Campaign. I mention all this because our action here today is in fact part of a growing national movement to address income inequality, and Philadelphia has the leadership role in that movement. There's not only action here and in Seattle, but also Chicago, New York, San Francisco, Washington, DC and elsewhere. This movement is led locally by SEIU, POWER, Unite Here, Fight for Philly and, of course, this City Council. Our local message is clear: Public money shouldn't be invested in poverty wages. Today we will help even more employees receive an even better wage, one with more dignity. Since my original law was enacted in 2005, we've raised the wage 6/19/14 - STATED - 2ND READING standard from $5.15 to $7.72 to $10.88 per hour, and now we aim even higher, to at least $12 per hour with a CPI multiplier each year, also required for subcontractors at any tier, because we are still the poorest big city in America. To explain the bill, the bill codifies the Mayor's Executive Order signed on May 6th and the Charter amendment approved by voters on May 20th by a three-to-one margin. This is real help for real people; in fact, the people who need it the most. That's why every member of the City Council co-sponsored this bill and the Administration testified in favor of it. But to be clear, this bill can't be enforced until we actually pass it. So let's make it law right now and enforce it. It's the right thing to do right now. Thank you, Mr. President.
6/19/14 - STATED - 2ND READING Thank you, Councilman. This bill has been read on two separate days. The question is shall the bill pass finally. Mr. Decker, call the roll.
Aye. The ayes are 16; the nays are zero. A majority of members present voting in the affirmative, the bill passes. Mr. Decker, do you have any additional resolutions.
A resolution authorizing the Committee on Finance to hold public hearings into the possible investment of City Funds and Pensions Funds with the Pax Ellevate Global Women's Index Fund and other similar entities that support and promote gender diversity in the board room, introduced by Councilman Kenney.
Mr. President, I move the adoption of the resolution. (Duly seconded.)