Ernest Caldwell-Bannister, African American Freedom and Re-construction League. Thank you very much. Welcome. Please introduce yourself for our record and begin your testimony.
My name is Ernest Caldwell-Bannister. I'm Co-chair of the African American Freedom and Re-construction League. I'm here to testify in favor of Bill 66 Finance - 040133 - 2/28/05 040133, introduced by Council members Reynolds-Brown and Wilson Goode, Jr. The African American and Freedom and Re-construction League supports the passage of Bill 040133, that will add a new subsection entitled, Slavery Era Business and Corporate Insurance Disclosure to the existing section entitled, Prerequisites to the Execution of City Contracts. Our organization supports this bill 12 for the following reasons: In the face of historic and current efforts by this nation's, state's, and city's power elites, to deny, demean, obfuscate or simply ignore the holocaust, the MAAFA of the enslavement of Africans brought to the Americas, this bill is one small but important step toward gathering the evidence, establishing the facts and placing on record the legalized theft of labor that allowed the unjust enrichment of many of what are now the leading corporate citizens of American capitalism and commerce. To the extent that this ordinance 67 Finance - 040133 - 2/28/05 assists in making the case that America still needs to make good on the historic bad check written to black America by this government, that Dr. Martin Luther King referred to in his oft quoted "I have a dream" speech, then we view it as a valuable tool in the tool box needed to build the movement to obtain reparations for nearly 500 years of enslavement and neo-subjugation of African people. To the extent that this ordinance 13 helps put the lie to this society's claim of insufficient funds, when it comes to addressing the myriad problems that are slavery's legacy, it is a welcomed and useful public policy. The exposure of those who have profiteered directly or indirectly from the theft of black labor is useful and educates. The African American community in Philadelphia and throughout this country face a litany of crisis in health, education, employment, economic development, crime, and more. 68 Finance - 040133 - 2/28/05 As we put forth in our organization's mission statement over seven years ago, quote, the white establishment and many of its Negro spokes people blame the victims for this horrific situation. They seldom tire of telling the masses: If you don't vote, you don't count or you people are just too lazy, dirty, too pathological, too criminal. It is your behavior, they tell the poor, which is the cause of your poverty. We are a people with problems. We are not the problems. But by blaming us, they seek to divert attention from the social, economic and historical sources of the problem. We must boldly tell them that poverty, joblessness, and despair find their sources in eight generations that endured the killing fields of chattel slavery and the three-and-one-half swallowed up in the semi-slavery of sharecropping and Jim Crow segregation, unquote. We rightfully level harsh criticism at our black elected and appointed officials 69 Finance - 040133 - 2/28/05 when they fail to stand up for the interests of those who elected them and whom they are supposed to represent. We thank Councilwoman Reynolds-Brown and Councilman Goode for introducing this bill and urge your colleagues to support and vote its passage. Submitted with conviction by the African American Freedom and Re-construction League; and I hasten to add, Councilwoman Jannie Blackwell as the Chair because she's got the gavel.
Thank you very much for your testimony and your patience. Mr. Leon Williams, attorney-at-law. Mr. Michael Coard attorney, who is here for Avenging the Ancestors Coalition. We welcome you both. Good afternoon.
Good afternoon. We thank you for your input on this issue and your many years of hard work in this regard.
It's very good to be here. I'm usually here as an antagonist. I've been a big critic of City Council people over the years. I even sat back there with a broom several years ago advocating a full sweep of the City Council. But I want to be consistent. When I found out about this proposed legislation, I was elated. When I found out who had introduced this, Councilman Goode and Councilwoman Blondell-Reynolds, I was proud. And I don't usually get proud of public officials. I'm sure that there's been some pressure on you two because I know what the impact of this bill will be. It will require justice for a change. And it wouldn't in and of itself bring about reparations, but it will certainly shine a light on the crimes 71 Finance - 040133 - 2/28/05 that have been committed against African people and on the perpetrators of those crimes. African Americans make up at least half of the population in this city, and I'm glad to see the officials that we elected come forth with some sort of legislation designed to do justice to our ancestors. When our leaders do wrong, of course, we criticize them; and when they do right, we need to support them. I just want to say to all the rest of the City Council, I hope you get behind this bill because it's really meaningful. I am surprised that I didn't see it on the front page of the Inquirer or Daily News today. This is the most important piece of legislation that I've seen since I've been here in Philadelphia, and I'm 56 years old. Thank you. (Applause.)
Thank you, Mr. Williams. The Chair also notes that Councilman 72 Finance - 040133 - 2/28/05 Juan Ramos is here. We did not introduce him earlier. Thank you. Mr. Coard.
Thank you. My name is Michael Coard. I'm an attorney, and I'm a member of ATAC, Avenging The Ancestors Coalition. C. but was right here in Philadelphia, beginning in 1790. Just a few blocks from where we sit today, George Washington, the father of this country, held Africans in brutal bondage as slaves. In fact, the interesting thing that most people don't realize is that 73 Finance - 040133 - 2/28/05 Philadelphia itself, Philadelphia itself was among the top ten leading slave ports, leading slave ports ahead of southern slave ports. So, it's perfect that the City Council of Philadelphia is now trying to right the wrong of Philadelphia's history. Having said that, I say, good afternoon to you, Council member Rick Mariano, to Council member Juan Ramos, certainly to Council member Wilson Goode who co-authored this bill, and to Jannie Blackwell, Finance Chair, certainly I say good afternoon to her, and especially to City Councilperson Blondell Reynolds-Brown for not only sponsoring the bill but also personally inviting me and ATAC to be present. I handed out a position paper from ATAC. It's almost five pages long, so I'm not going to spend half the afternoon reading it. Just going to spend maybe two minutes going over the highlights. First of all, before I begin explaining why ATAC supports this bill, I 74 Finance - 040133 - 2/28/05 want to give credit where credit is due, and that's to N'COBRA and Ron Johnson. Much of the information that ATAC has gotten and most folks have gotten in connection with the reparations movement has come from N'COBRA. So, they deserve credit for that. One of the things that I want to make clear, and Leon Williams -- attorney Leon Williams touched on it, is, this bill, Bill 040133 does not -- I repeat -- does not call for reparations. It simply calls for disclosure. And as an attorney, we always hear in court that it's all about telling the truth, the whole truth and nothing but the truth. And that's exactly what the disclosure component of this bill will do. Without going through all the arguments I set forth in my four- or five-page position paper, I'm going to deal with the basic argument. And the basic argument is that there is a historical justification for what we're trying to do 75 Finance - 040133 - 2/28/05 here today and a legal justification. We heard from N'COBRA earlier, and we heard from the African American Freedom and Re-construction League. And the term MAAFA was used. And I think that's pertinent because when you talk about the horrors of slavery, you have to understand that it's much more than what we read in historical magazines. Slavery was real. I mean, imagine for a moment a brother taken away from his little sister in West Africa, a husband taken away from his wife, a father from his son, a mother from her daughter, and you never ever, ever will see that person again. We're sitting here today. Can you imagine some Martians from outer space grabbing the person sitting next to you and you'll never see that person again. And it's horror -- the horror, the horrific nature of slavery commands and compels us to do the right thing here. I talked about how brother was taken from sister, husband from wife, father from 76 Finance - 040133 - 2/28/05 son, mother from daughter. And it didn't end there. They trekked for about 1,000 miles in the African continent to get to the shores of West Africa. And once they got there, they were placed in things called factories which were basically bamboo jails, where they set there for weeks on end. And then after that they saw approaching on the horizon what they came to know as floating hell holes, where they were packed like sardines, in their own feces, in their own urine, in their own vomit for 200 years, from about 1619 to at least 1808. And during this 90-day trek, they were beaten, they were tortured, they were raped, they were inflicted with disease and frequently thrown overboard into shark-infested waters.
So, when we talk about why even discuss reparations, why even discuss disclosure of those who were involved in slavery, you look at what happened to these Africans. They lost not only their freedom. 77 Finance - 040133 - 2/28/05 They lost their culture. And I just want to be clear here. I don't mean to diminish or minimize the horrors of any other ethnic group, but I can say this about the African or I should call it the Transatlantic slave trade. Unlike any other group, from the first time a human being set foot on this planet, Africans lost more than anyone. And folks say, well, what do you mean by that? Africans not only lost their freedom. They lost their culture, their lifestyle, their family, their language, their land, their religion, their name, their status as human beings, and often their lives. )
When you look at the horror of this, you understand that this was not something that happened for a day or for a week or for a year. But for at least 246 years, from 1619 to 1865; and I'd go beyond 1865 to say 78 Finance - 040133 - 2/28/05 that things didn't begin to change until 1964 with the Federal Civil Rights Act. So, we have at least 246 years of uncompensated labor. And despite that, Africans have contributed mightily each century, from the 17th century up till today, in terms of making America the great country that it is. And folks say, okay, Mike, everything you say there might be true, but the fact is slavery doesn't exist any more. Why are you black folks still complaining and whining and moaning today? And the answer's pretty simple. It's all about the vestiges of slavery. That's the key thing here. When you look at slavery, you look not only at those who went through that hell -- and certainty they went through that hell -- but you look at what happened to the offspring, the offspring of those who were enslaved. Their status as victims of institutional racism today, as exhibited in the dejour and defacto vestiges of slavery. 79 Finance - 040133 - 2/28/05 And more important, when you look at our plight today, we're on the bottom of the totem pole when it comes to economics, when it comes to social issues, political issues and educational issues. And when you look at that, you say well, one or two reasons exist for that. Either one, black folks are genetically predisposed to be at the bottom; or two, the vestiges of slavery caused it. And I think the answer there is quite simple. When you talk about historical reasons -- I could go on and on, but I want to wrap this up. History mandates support for this bill. And then I jump to the legal arguments. And as an attorney, I can let you know that if this case -- if any reparations case went to court, there would be solid legal arguments in support of it. Before I get into the legal arguments that would support it, when you look at the law, the law made slavery. And the law can correct slavery and the vestiges. 80 Finance - 040133 - 2/28/05 And people say, what do you mean by that? Let's start with the first official legal/political document to come out of this country, 1776, The Declaration of Independence. 30 -- I'm sorry -- 55. 55 white male property owners signed that document. And while they were complaining about taxation without representation from Britain, they held -- at least one third of those 55 held black folks in brutal bondage. These are the founding fathers, those who laid the foundation for this country. (Applause.)
So, beginning... So, beginning with the first official legal/political document of this country, the racism exists right there, not only in regard to the fact that one third of the 55 owned Africans as slaves, but there was strong language condemning slavery that was in the first draft of the Declaration of Independence, but Thomas Jefferson and others 81 Finance - 040133 - 2/28/05 purposely removed that strong language that condemned slavery. Then you jump to 1789 with the U.S. Constitution. And Leon and I both as attorneys understand that when you talk about the law, the fundamental laws of the U.S. Constitution, well, if that's so -- and it is -- the Constitution itself, the most fundamental document in American history itself is a racist document. And folks say, how is that? And the answer is pretty simple. If you go to Article 1, Section 2, Clause 3 of the U.S. Constitution, you'll see the three-fifths clause. And people say, well, Mike, the three-fifths clause was actually a benefit to you black folks because the south actually would have had more power if they could count their slaves as humans. So, we all did you a favor by saying that we would dilute the power of the south by making slaves only three-fifths. And I say, that would make sense if 82 Finance - 040133 - 2/28/05 it were consistent. It's okay to make us three-fifths, in terms of votes, but also give us three-fifths of the jobs. Pay us three-fifths of the salaries. Give us three-fifths of the land. So, you have to be consistent. And then you look at Article 1, Section 9, Clause 1 of the U.S. Constitution. That's the 20-year continuation of the importation of slavery. In 1789 the founding fathers said, it's too much money being made to end slavery now. So, we're going to carry it on for another years, another two decades. 16 And I got to be clear. They didn't 17 say they would end slavery in 20 years. They 18 said they would end the importation of slaves 19 in 20 years. 20 So, what that meant is in 1808 we stopped bringing in new slaves. But we make new slaves. We find the strongest black woman on the plantation. We find the strongest black man on the plantation. And we force them to breed together, and we make 83 Finance - 040133 - 2/28/05 new slaves, because the new laws of 1808 says we can't bring any more in, but nothing stops us from building more. And the third blatantly racist component of the U.S. Constitution, Article 7 4, Section 2, Clause 2, the runaway return clause, which said, if an enslaved African left a slave state and went to a free state or left a slave territory and went to a free territory, the U.S. Constitution, Article 4, Section 2, Clause 2 mandated that that African be brought back into bondage. The law made slavery. The law supported slavery. And you all as lawmakers can help bring an end to slavery and the vestiges. (Applause.)
It gets even worse with the 1857 Dred Scott decision. People know that Justice Taney stated that the black man has no rights that the white man is bound to respect. But what we don't know is that when Dred Scott first brought that case into court 84 Finance - 040133 - 2/28/05 he went to a jury of six white men, who actually ruled in his favor. The six white men said, okay. You were a slave. You left the slave territory, went to a free territory. Based on the law, you're a free man. Well, his former master and the family filed an appeal, went up to the U.S. Supreme Court, and they decided that he was not a citizen; he was not a human. In fact, Justice Taney made it clear. Your legal argument is sound, but you are a black man making it. And because you're a black man making it, it's like a horse or a dog or a chicken making the same argument. The black man has no rights that the white man is bound to respect. And then when slavery ended, allegedly, in 1865, the south and some northern states came up with what they called the black codes to keep blacks in the slave-like position. 1865 there was a chance to move toward changes with the 13th Amendment and 85 Finance - 040133 - 2/28/05 the so-called Emancipation Proclamation, but they really didn't really go as far as they could have. There were attempts in 1865 by people like General William T. Sherman, who issued Special Order 15, which is the famous 40 acres and a mule. Unfortunately, that order was reversed by President Andrew Johnson. Then in 1866 Pennsylvania Congressman Thaddeus Stevens came up with a 40 acres and a mule amendment to the Freedom's Bill. Again, that was reversed. Just recently in 1989 Congressman John Conyers attempted through House Resolution 40, H.R. 40, to do the same kind of thing toward reparations. And we heard N'COBRA talk about that. What we need to do at this point, from a lawyer's standpoint -- And that's why I said earlier -- And I promise you I'll wrap this up in 30 seconds. What we need to understand is that as horrible as what I laid out -- and certainly it is horrible -- it's 86 Finance - 040133 - 2/28/05 not just an emotional argument. It's a legal factual argument. When you talk about reparations, it's defined in lay terms as repairing. In legal terms it's about a remedy for a wrong done. So, if it's about a remedy for a wrong done, any lawyer can tell you that the fundamental rule of law is that for every wrong there must be a remedy. (Applause.)
And the remedy here would be, first, disclosure as the bill calls for and ultimately reparations. Now, folks say, well, Mike, what do you mean? When you go into court, what are you going to argue? How can you justify an argument for reparations? The answer is simple. Five basic arguments. One is called unjust enrichment. Unjust enrichment is the inequitable possession of benefits belonging to another person. For example, a lot of folks today say -- white folks, I must point out, say -- 87 Finance - 040133 - 2/28/05 well, I didn't enslave you. So, why should we talk about reparations? The answer is simple. And this is the example I always give. I could be walking down Market Street. And I see a white man. He has a really nice watch on. And I say to the man, can I see that watch? And he shows me. And I see engraved on the back, Michael Coard, Sr. And I say, my great grandfather was Michael Coard, Sr. How did you get that watch? And he says, well, my great grandfather gave it to -- He says, my father gave to it me. I said, where did your father get it from? He got from it my grandfather. Where did your grandfather get it from? He got it from his grandfather. And I find out that his great great grandfather stole my great great 88 Finance - 040133 - 2/28/05 grandfather's watch. So, I'm saying to the man, sir, I'm not accusing you of stealing my watch. I'm not accusing you of stealing my great great grandfather's watch. I'm saying the watch was stolen. You got it. You got to give it up. That's the theory of unjust enrichment. (Applause.)
And in addition to unjust enrichment, there's something called theft of services. That's the unlawful taking of the labor of another person. We all know about people who steal cable. You might not pay for the cable but you get it. That's theft of services. So, if somebody does the labor, like enslaved Africans did, and you didn't pay them, that's theft of services. There's also something, another theory called conversion. That's the wrongful exercise of control over that which belongs to another person, to the exclusion of that person. 89 Finance - 040133 - 2/28/05 Number four is the intentional infliction of emotional distress. That pretty much speaks for itself. That's the purposeful causing of mental pain, despondency, despair, distress, anxiety, anguish and/or humiliation. And certainly the enslaved Africans more than 200 years suffered that. And finally, the breach of an implied or quasi-contract. That's the breaking of an unstated, albeit lawfully and/or equitably inferred agreement, to provide a benefit in exchange for a benefit. What we have here is a situation where slavery was wrong. We all agree with that. And the residue of slavery which exists today, the vestiges, that's wrong. Something needs to right that wrong. And this bill which will force us to force companies to tell the truth, the whole truth and nothing but the truth should be wholeheartedly supported. And that's why ATAC and others wholeheartedly support it. 90 Finance - 040133 - 2/28/05 And we thank you all, especially Councilperson Blondell Reynolds-Brown. Thank you. (Standing ovation.)
Any questions from members of the committee? (No response.)
Let me thank both of you for your testimony and your support of this measure. And let me pose the same question to you that I've posed to others, because I don't consider me -- I can only speak for Blondell -- to be the end all be all of knowledge. So I'm open to recommendations and/or suggestions. First, have either of you participated in similar lobbying efforts of this type elsewhere?
I've supported N'COBRA. I've gone to Washington with N'COBRA and I support ATAC.
In fact, I'm so glad you posed the questions, in terms of suggestions. And I heard you ask other persons. 91 Finance - 040133 - 2/28/05 And I have three suggestions. One is to use Ron Johnson and N'COBRA as a key resource. When it comes to reparations, that's pretty much one-stop shopping. You go to N'COBRA and you get all your questions answered. Number two, I would request that the Council actively spread the word about this bill and similar bills by using, for example, the Tribune, the New Observer, the Sunday Sun, Scoop, WHAT and WRD. And the third suggestion would be to simply pass the bill. Thank you.
Thank you very very much, gentlemen. (Applause and cheers.)
We will now ask to come to the podium... And please forgive me if I mispronounce your name... Dadrea, is that correct? Dadrea... last name P-a-e-l-l-m-a-n-n, Restitution Study Group; and Viola Plummer, National Chair of Millions for Reparations. You're welcome to come to 92 Finance - 040133 - 2/28/05 the testimony -- to the table to provide testimony. We'll now say good afternoon.
Please state your full name and proceed with your testimony.
My name is Viola Plummer, and I'm the Chairperson of Millions for Reparations. My office is at 456 Nostrind Avenue in Brooklyn, New York. Let me say that I am honored to have received your request to participate this morning with you on this extremely important bill. I am sure that the information of our quest for reparations has reached those of you who have had the insight and understanding that exposure, recognition of a wrong, is of the utmost importance, in terms of correcting that wrong. We, those of us in the reparations movement, are energized by the number of city councils and state legislatures across the 93 Finance - 040133 - 2/28/05 country -- yea, across the world -- who have finally put on the agenda the issue of repair, of compensation, for reparations. I call your attention in the first instance to a bill passed by the French legislature by an attorney, black woman, who said to France that unequivocally the Transatlantic slave trade was a crime against humanity. That bill gave rise to some of the work that I was involved in because I belong to a non-governmental organization called The December 12th International Secretariat. We had the opportunity of lobbying for a world conference against racism by the United Nations that took place in 2000. That conference was of extreme importance because what it did was to have the world body declare the Transatlantic slave trade a crime against humanity. I'd like to just read a section of that bill because -- that declaration, because what it suggests is that the slave trade was a crime against humanity, that it 94 Finance - 040133 - 2/28/05 always was and should have always been declared so. The declaration says that because of the abhorrent barbarism, the magnitude thereof, that it laid the basis for the continued exploitation and human rights violations of millions of African people across the world. I heard the attorney before me talk about pursuit in the legal arena. One of the reasons why the United Nations bill was of extreme importance because the United States government had said that slavery from its inception until its abolition was legal. The declaration said that slavery was and should always have been declared illegal, a crime against humanity. Therefore, the United States, in its desire to say slavery was legal then, it was not a crime then; therefore we do not have any responsibility legally to remove -- to repay, let me say, those descendents of slaves. The major sources of today's racism 95 Finance - 040133 - 2/28/05 lie in its origin of the Transatlantic slave trade. What do I mean by that? I mean that if you'll look at any African American at any level in this society, we must imagine what that African American would have been, could have been, ought to be had it not been for the historical exploitation, racism, that he or she encountered to this very day. In New York, the City Council, as you probably know, have initiated a similar bill. And one of the most important things about a bill that talks about businesses that do business with the City of New York, in this instance, and the City of Philadelphia, as your bill, I know, will pass and say, that those corporations inherited stolen, or as I'm sure the attorneys would say, would inherit fruit from the rotten tree. And therefore, they owe repayment. I tried to look at a particular corporation in Philadelphia. And one of the people that benefited from Philadelphia, Pennsylvania and New York was William 96 Finance - 040133 - 2/28/05 Havermeyer. And William Havermeyer is of extreme importance. And his legacy from 1845 to 1872 made him, through his Pennsylvania Coal Company, one of the most richest individuals in the world. He launched his successful political and business careers from the family's sugar refining business, first called the American Sugar Company and then Domino Sugar. He then went to City Bank in New York.
When I say "he," I mean the corporation that he founded from American Sugar to Domino, from Domino to the Philadelphia National Bank. From the Philadelphia National Bank, it morphed into what we now know as the Mellon Foundation -- I mean, the Mellon Financial Group. And so, therefore, full disclosure by any and all of these corporations presently doing business is of the utmost importance. The disclosure will enable us to prepare evidence, to show ties to modern 97 Finance - 040133 - 2/28/05 corporations and their benefits from slavery. Very recently, in New York we commemorated Elhaj Malik El-Shabazz, Malcolm X. And Malcolm X in a letter here at Penn State, when questioned about reparations by some of the students, who said, my father may have been involved in slavery, but I was not involved in slavery; therefore, I have no 10 responsibility for it. To wit: Malcolm responded, if you inherit any -- any profit, property, status from your father or grandfather or great grandfather, you also inherit his debt. And so, your father may not be here to pay, but you are here to pay, and we are here to collect. )
And finally, the issue of... How can I say... verbal contracts. And again, I was pleased to hear the brother before me. And he talked about that. So, I won't go into that in any detail. But the aborted promise of 40 acres and a mule and decades of disenfranchisement, 98 Finance - 040133 - 2/28/05 Jim Crow, systemic racism, had and has as its real intent the super exploitation and the ultimate goal of forever keeping African Americans economically oppressed and depressed. Reparations, therefore, is no longer a forgotten promise, but a debt that must be paid. Thank you. (Applause.)
Thank you very much. Are there any comments or questions from members of the committee? (No response.)
Is there anyone here who would like to who has not testified and who would like to testify with regard to this bill? (No response.)
Any other testimony, any comments from members of the 99 Finance - 040133 - 2/28/05 committee? (No response.)
Seeing none, we will now close out the public hearing portion of this hearing, and we will enter into... One moment, please. (Pause.)
Councilman Kenney, for purposes of us continuing, would you serve as part of a quorum to...
Thank you. Thank you. Councilman Kenney, since others have stepped out will serve so that we may continue the business of this hearing. Thank you very much, Councilman.
We will now conclude our hearings part of this meeting, and enter into the stated meeting. (Public hearing concluded at 1:03 p.m.) 100 CERTIFICATE I HEREBY CERTIFY that the proceedings and evidence are contained fully and accurately in the stenographic notes taken by me upon the public hearing of The Philadelphia City Council, taken on February 28, 2005, and that this is a true and correct transcript of same. _____________________________ DAVID A. DEIK, RPR and Commissioner of Deeds (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.) 101 - - - COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING - COMMITTEE ON FINANCE - - - Room 400, City Hall Philadelphia, Pennsylvania Monday, February 28, 2004, 1:03 p.m. - - - 040133 - An Ordinance amending Section 17-104 entitled "Prerequisites to the Execution of City Contracts" by adding a new subsection (2) entitled "Slavery Era Business/Corporate Insurance Disclosre" to promote full and accurate disclosure to the public about any slavery policies sold by any companies or profits from slavery by other industries (or their predecessors) who are doing business with the City of Philadelphia and recodifying Section 17-104 by incorporating various technical changes; all under certain terms and conditions. PRESENT: COUNCILWOMAN JANNIE L. BLACKWELL, Chair COUNCILWOMAN ANNA C. VERNA, President COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILMAN RICHARD T. MARIANO COUNCILMAN JUAN F. RAMOS - - - V A R A L L O Incorporated Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 102 Finance - 040133 - 2/28/05 - - - P R O C E E D I N G S - - -
The Chair recognizes Councilwoman Blondell Reynolds-Brown for a motion.
Yes. Madam President, I would like to offer an amendment to Bill Number 040133.
It is moved and seconded that the bill be amended. Councilwoman, would you like to circulate that or read what the amendment is?
First let me read what the language currently states for the record. of the bill, Section 2, small letter d: Any contract between a city agency and a contractor which fails to provide the requisite affidavit within 90 days of the contract's execution or which includes materially false information on such an affidavit shall be rendered null and void. 103 Finance - 040133 - 2/28/05 I'd like to offer an amendment to delete the words null and void and insert the word voidable.
All right. It has been moved and seconded that this be done. All in favor will say aye. (Chorus of "ayes.")
The ayes have it. And so, the bill is amended. Now, we will ask Councilman Goode for a motion on the bill as amended.
Thank you, Madam Chair. I move that Bill 040133 as amended be reported out of committee with a favorable recommendation, and a further recommendation that the rules of Council be suspended so as to permit reading at our next Council session.
The ayes have it, and so the bill as amended is passed out of committee and will be heard at our next session of Council. We thank you all. Our hearing is adjourned. Thank you all for your participation and attendance.
Let the record reflect that Councilman Mariano was back in the room and voted yes for both the amendments and the bill. Thank you, Councilman. (Public meeting concluded at 1:06 p.m.) 105 CERTIFICATE I HEREBY CERTIFY that the proceedings and evidence are contained fully and accurately in the stenographic notes taken by me upon the public meeting of The Philadelphia City Council, taken on February 28, 2005, and that this is a true and correct transcript of same. _____________________________ DAVID A. DEIK, RPR and Commissioner of Deeds (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)