civus
Minutes

Committee Hearing, April 6, 2005

Philadelphia City Council Committee HearingsApr 6, 2005

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Councilman Nutter

At the Free Library.

Ms. Van Belle

At the Free Library. The library preferred, in lieu of that revenue generating proposal, to double their fines, believing that that would yield an additional million dollars in revenue. We proposed a budget to City Council that included that million dollars in revenue. We neglected to add back the million dollars in appropriations. When Council restored --

Councilman Nutter

You neglected to add back what million dollars in appropriations?

Ms. Van Belle

The proposed FY'05 budget we had given the library had a million dollar reduction in it.

Councilman Nutter

Right. Notwithstanding the agreement to double the fines and raise the money that way.

Ms. Van Belle

Correct.

Councilman Nutter

Okay.

Ms. Van Belle

So when we 2618 Operating Budget - 4/6/05 substituted the million dollars in fine revenue for the expenditure reduction, we neglected to add back the million dollars in appropriation power.

Councilman Nutter

Now, were these items a part of the budget discussion last year?

Ms. Van Belle

Excuse me?

Councilman Nutter

Were these machinations a part of the budget discussion last year?

Ms. Van Belle

Not that I recall, no. 15

Councilman Nutter

Okay. So, what then happened to the million dollars that we added back by amendment to last year's budget?

Ms. Van Belle

Council added back a million dollars to the library's budget which brought them back to the level prior to our million dollar reduction.

Councilman Nutter

Well, don't you still owe them then a million dollars?

Ms. Van Belle

Subsequent to that 2619 Operating Budget - 4/6/05 we had meetings with the library where we discussed the million dollars that Council added back versus the million dollars that the library felt were owed to them. I don't believe we came to any conclusion. I think we agreed that we would revisit the discussions at the time, as Mr. Shelkrot has testified. He was told currently your budget is what your budget is, which I believe was $35 million in the General Fund.

Councilman Nutter

But you understand -- And it's great that you guys are having these discussions. But you understand that there has been a negative impact on the library system while this issue is either unresolved or still under discussion. I mean, you're talking about the million dollars, but you moved forward on an action item that has an impact in the same fiscal year while you have a current dispute about a million dollars in that fiscal budget, right? 2620 Operating Budget - 4/6/05

Ms. Van Belle

Well, I don't believe there's a dispute currently because the million dollars has not materialized.

Councilman Nutter

What do you mean it hasn't materialized?

Ms. Van Belle

The increased fine revenue has not materialized, and therefore there is no million dollar revenue offset currently in the General Fund.

Councilman Nutter

But you could not have possibly believed that it was ever going to materialize in the first place.

Ms. Van Belle

We did.

Councilman Nutter

Well, based on what?

Ms. Van Belle

Based on the library's calculation.

Councilman Nutter

If the most they've ever raised was $800,000, what makes you think they're going to raise a million dollars on top of it?

Ms. Van Belle

It was based on the calculations that the Free Library gave to us. 2621 Operating Budget - 4/6/05

Councilman Nutter

And you're the Budget Office, and you just took it?

Ms. Van Belle

No. They seemed to make sense.

Councilman Nutter

Have they materialized?

Ms. Van Belle

We preferred to charge for the DVD's and the videotapes. The library asked that they be allowed to substitute this revenue, and we acquiesced.

Councilman Nutter

Okay. So the bottom line is similar to -- And I appreciate you coming over to provide clarity. A mistake was made. It was going to be kept as a quiet discussion. You suggested raising fines or you suggested increasing fees for DVD's and videos. They came back to you with an alternative which is, we'll increase fines. You neglect to make the switch. We then give a million dollars. You essentially use that to plug the hole that was created in the first place to get them level. So now they don't have an 2622 Operating Budget - 4/6/05 additional million on top which they are now short. And you're still talking about it. Is that...

Ms. Van Belle

No. I believe we're not talking about it because the revenue has not materialized, so there is no discussion about adding back a million dollars because there's no funding source for that million dollars.

Councilman Nutter

So they're just short.

Ms. Van Belle

They are a million dollars less.

Councilman Nutter

So if we had known -- If we knew then what we know now, what we really should have done was given the library $2 million, right?

Ms. Van Belle

Two million?

Councilman Nutter

In order to accomplish what the Council thought we were accomplishing with the one, since we didn't know about the other $1 million mistake.

Ms. Van Belle

I'm not sure what Council thought that were accomplishing when 2623 Operating Budget - 4/6/05 they added back the million dollars.

Councilman Nutter

We thought we were giving them an additional million dollars, I believe.

Council President Verna

And I think the purpose of that --

Councilman Nutter

Or at least not shorting them the million that the administration was proposing to short them in the current year's budget.

Council President Verna

Councilman, I'm sorry. I didn't mean to interrupt you.

Councilman Nutter

Certainly.

Council President Verna

But it was our understanding that the million dollars was being restored for Saturday hours.

Councilman Nutter

Right. Right. That's what we were told.

Ms. Van Belle

I can't speak to that.

Councilman Nutter

So, I mean, it starts to take us down the credibility path if we have people that we know are serious 2624 Operating Budget - 4/6/05 legitimate people come to the table, we go through the whole thing, we ask this question, that question, the other question, other conversations are going on behind the scenes. Fine; we can't know about all the other conversations. But that was the intention. It apparently doesn't play out because of either a mistake or now lack of realized funding source. So the bottom line is, they're a million dollars short from where we thought they would be at the time we took our action back on July 1. You'd at least agree with that.

Ms. Van Belle

I -- I don't know that I can. Because I don't know what Council's understanding of that million -- what that million dollars meant to City Council.

Councilman Nutter

We thought we were restoring the budget back to where it was supposed to be, without knowing that it was already short a million because of the 2625 Operating Budget - 4/6/05 behind-the-scenes activities. That's what we thought. So, where does that all leave us?

Ms. Van Belle

Well, I think, going going forward, we've gone through another round of reductions this fiscal year, and in fiscal year '06. And I think that it just would have been a million dollars that we'd have to reduce somewhere else.

Councilman Nutter

Well, I understand that part. So, we've had Miss Reed go through this, but would it be helpful to have your backup and support as the more tenured person. What is the presently proposed budget for FY'06 for the Free Library?

Ms. Van Belle

The currently proposed budget for the Free Library is $35.3 million in the General Fund and 47.8 in all funds.

Councilman Nutter

Well, okay. The budget book I have indicates for fiscal year 2006 obligation level, that's column number 2626 Operating Budget - 4/6/05 8... My book reads total, all funds, $47,931,631. And what does that number mean?

Ms. Van Belle

That's the all funds number.

Councilman Nutter

I said that. Is that number correct?

Ms. Van Belle

It's a correct proposed budget, but it includes an estimated state revenue number that will change when the state budget is finalized.

Councilman Nutter

Is that in the grants revenue account?

Ms. Van Belle

Yes, it is.

Councilman Nutter

The 12,664,014?

Councilman Nutter

Okay. So, you're primarily focused on the thirty-five, two six seven, six seventeen?

Ms. Van Belle

Correct.

Councilman Nutter

Okay. That's the real budget for the library?

Ms. Van Belle

That's the General Fund proposed budget. 2627 Operating Budget - 4/6/05

Councilman Nutter

Right. So, in the discussion that we've had, whether it's the million and a half dollars or some other figure, up to 5.5, is it now your understanding or do we have an understanding on this floor that any additional funding that Council provides for the Free Library is added to the 35 million two sixty-seven, six seventeen figure?

Ms. Van Belle

Mathematically, yes.

Councilman Nutter

I'm sorry?

Ms. Van Belle

Mathematically, yes, it is added.

Councilman Nutter

Well, how about legislatively and fiscally?

Ms. Van Belle

I'm not sure what you mean by fiscally; but legislatively, yes.

Councilman Nutter

If we make an amendment to this budget, and add a million and a half dollars for the Free Library system, does it get added to the 35 million two sixty-seven six seventeen?

Ms. Van Belle

Yes, it does.

Councilman Nutter

And will they be 2628 Operating Budget - 4/6/05 able to spend it?

Ms. Van Belle

I can't guarantee that.

Councilman Nutter

Why?

Ms. Van Belle

Because we don't know what fiscal '06 is going to bring. If our budget remains on target, there's probably a good likelihood that they will be able to spend it. If we suffer tax revenue losses or weakness in tax collections, we're going to have to revisit additional cuts with all departments, not just the Free Library. I cannot sit here and guarantee you that.

Councilman Nutter

Does the budget presently anticipate tax revenue losses or lack of collections?

Ms. Van Belle

No, it does not.

Councilman Nutter

Okay. Do we have tax revenue losses or lack of collections last year?

Ms. Van Belle

No, we did not.

Councilman Nutter

Okay. But your statement, I guess, does 2629 Operating Budget - 4/6/05 open this final area which is somewhat on the line of regardless of what amount Council makes an amendment to this budget, you're not prepared to commit that the library would be able to spend any of it. If we gave them $10 million, you're saying that it is still not certain that they'd actually have access to those dollars. Is that your...

Ms. Van Belle

I can't commit to increases, to guaranteeing you we would spend every dollar of any increase for any department.

Councilman Nutter

No matter what the Council does. No matter what budget we pass, no matter what amendments we make, your position is, ultimately you'll decide what they actually get to spend.

Ms. Van Belle

No, that's not my position. My position is I cannot sit here today and guarantee you that we would spend every dollar that you appropriate.

Councilman Nutter

Okay. Okay. Well, this will be an 2630 Operating Budget - 4/6/05 interesting exercise this spring. Thank you very much. Thank you for coming over. I appreciate your honesty.

Council President Verna

Thank you. Are there any other questions or comments from members of the committee? (No response.)

Council President Verna

Seeing none, I would suggest that Council stand in recess for a half hour. Is everybody in accord? Okay. So, we will stand in recess until 2:30. Thank you. (Lunch recess from 2:00 p.m. to 2:42 p.m.) Good afternoon, everyone. Again I regret the delay. This is a continued public hearing of the Committee of the Whole. We will now hear from the Civil Service Commission. Good afternoon. Welcome. We do have a copy of your testimony. We will give that to the stenographer. It will be transcribed in full. We would appreciate it 2631 Operating Budget - 4/6/05 if you would summarize your testimony, please.

Ms. Orfanelli

The Director of the Commission was not able to make it, and we asked if I could come in her place. I'm Lynda Orfanelli, the Personnel Director. And Reverend Repsie Warren was unable to attend. I'll testify for her. The total budget for the Commission is $159,728, which is a decrease of $5,827 over the FY'05 estimated obligation. Under the Home Rule Charter, the Commissioners are charged with ensuring the application of merit principles to public employment. In carrying out that mandate, the Commission approves or disapproves a large variety of actions affecting Civil Service Employees. These include establishment of job classifications, residency waivers, personal service contracts, Civil Service regulations and exemptions from Civil Service. This year the Commission is involved 2632 Operating Budget - 4/6/05 with hearing appeals from layoffs. appeals have been filed, and the appeal hearings for these people will be commencing in April. There is no change in the number of employees in the Commission and no 8 significant changes in the budget to report. That concludes my testimony.

Council President Verna

Thank you. 11 I understand that in your testimony 12 you are able to reduce your Class 100 budget. 13

Ms. Orfanelli

That's correct. 14

Council President Verna

Not 15 increase it, as is stated in the testimony? 16

Ms. Orfanelli

Yes. Actually, it's 17 a shifting around of funding. 18 An employee who had provided legal 19 services had retired. And in lieu of having 20 an employee, the Commission is now 21 contracting for that service. So, the money 22 was shifted to Class 200.

Council President Verna

What is the value of your contract for legal services, and where is it budgeted? And can 2633 Operating Budget - 4/6/05 you tell us who provides these services.

Ms. Orfanelli

Okay. The value of the contract is 24,500. The lawyer who is providing the services is Stella Tsai, spelled T-s-a-i.

Council President Verna

How is it spelled?

Ms. Orfanelli

T-s-a-i. And she works for a law firm called Christie Parabue. And I don't know how to spell that. I'm sorry.

Council President Verna

You also mention residency waivers in your testimony. Can you tell us the number and titles of waivers granted by the Commission?

Ms. Orfanelli

I can. We have a report, if you give my deputy a moment to come up with the report.

Ms. O'Leary

I'm Celia O'Leary, the Deputy Personnel Director. I have a report for Council on employees who have residency waivers at this time. It's 61 employees at the moment.

Council President Verna

And what 2634 Operating Budget - 4/6/05 are their titles?

Ms. O'Leary

At the moment we have many waivers in existence. They're not all being used. They're available on our web site, if Council would like to look at what classes have a waiver.

Council President Verna

Wait a minute. I'm not going to go to the web site. I'm asking you.

Ms. O'Leary

Oh, I'm sorry.

Council President Verna

Do you have a list?

Ms. O'Leary

I could get you a list.

Council President Verna

I would like you to provide it to us. Do you have it with you?

Ms. O'Leary

I have a list of the employees. If you were looking for a list of --

Council President Verna

You don't have their titles?

Ms. O'Leary

Yes, it does, ma'am, but there are many more. 2635 Operating Budget - 4/6/05

Council President Verna

In the sheet that you have in your hand?

Ms. O'Leary

Yes, ma'am.

Council President Verna

Maybe we could have copies made. Please. How do the 61 waivers compare to previous years? Would you make copies, please?

Ms. Orfanelli

Do you have the previous year? We don't have the report from last year with us. We can check and find that out. From my recollection, it's pretty close to the same number, but we can verify that and get back to you with the exact number.

Council President Verna

Very well. And while we're waiting for that information, I would like to recognize Councilman Nutter.

Councilman Nutter

Thank you, Madam Chair. Good afternoon, Miss Orfanelli.

Ms. Orfanelli

Good afternoon, Councilman.

Councilman Nutter

I just would be 2636 Operating Budget - 4/6/05 stunned to know that I only really have one question, which has to do with our prescription drug program. There seems to be a fair amount of back and forth and maybe some difference of opinion with regard to the issue of a 30-day supply that public employees can get for the single co-pay versus this issue of mail order through a third-party operation which, at least according to the information you provided, seems to create a significant discount. What I wanted to know is, one, what are the estimates for how many people will actually utilize this particular program; and second, has there been any consideration or thought given to the impact that this program may have on our... primarily on our independent pharmacists or stores throughout the City?

Ms. Orfanelli

In answer to part one, there was no way to do an analysis of how many employees would take part in this. Due to HIPAA, we're not privy to 2637 Operating Budget - 4/6/05 personal medical information of employees, so analysis of that nature could not be done. However, we have done a comparison of the costs for the first quarter of '04 to the first quarter of '05. And we have... And by making these changes, we have gone from a per member per month cost of one fifty-eight twenty-nine to this year's one thirteen forty-one. That's only the first quarter. So we're showing already a savings of $44.87 per member per month. That overall amount is almost a million dollars to the City. Now, did we consider the impact on the independent --

Councilman Nutter

To what would you attribute that?

Ms. Orfanelli

Well, there are significant discounts to us by using the mail order service, and I do mean significant.

Councilman Nutter

And I mean, it's your position -- Again, obviously, you don't have access to certain information. But it's 2638 Operating Budget - 4/6/05 your position that these savings are coming as a result of a significant number of employees pursuing the 90-day supply?

Councilman Nutter

Okay. What's the cost referential to the employee?

Ms. Orfanelli

We did have an increase in the co-pay this year. Generic drugs stayed the same, but the top tier drugs which do not have generics and are not on our formulary, went from $16 to $21, so that there's a $5 difference.

Councilman Nutter

All right. So, let me make sure I'm understanding this. We go to the 90-day supply. We've also had an increase in our co-pay. You believe more employees are utilizing or some number of employees are utilizing 90-day supply. And the end result is the City is saving money, but the employees are paying more.

Ms. Orfanelli

If they are using generic drugs, they are not paying more.

Councilman Nutter

Right. 2639 Operating Budget - 4/6/05

Ms. Orfanelli

If they are using non-preferred drugs, they are paying $5 more.

Councilman Nutter

These are...

Ms. Orfanelli

But they are getting --

Councilman Nutter

These are brand names that don't have generics.

Ms. Orfanelli

That's correct.

Councilman Nutter

Okay. Have you had any... And you've seen the correspondence. Have you had any direct consultation with kind of the pharmacy association about the City's program?

Ms. Orfanelli

Only by letter.

Councilman Nutter

Would you be so kind as to have an in-person meeting to address some of the issues that they raise which seem to be not only directed at the potential impact that this program might have on the pharmacies, but they also seem to have some slightly differing views, in terms of economic benefit to the City. CareMark, as I understand it, is not located in Philadelphia; is that right? 2640 Operating Budget - 4/6/05

Ms. Orfanelli

CareMark is located several places in the country. They have mail orders in Wilkes-Barre. They have their financial center in Arizona. They have offices throughout the country. I would be glad to meet with them, yes.

Councilman Nutter

I'd appreciate it. It's PARD. They've obviously been in this business for a long period of time. They might have, you know, a few interesting perspectives, some innovative strategies. And I think if we have local people, regardless of what their interests might be, I think you would agree that we could possibly learn from their hundreds of years of pharmaceutical experience.

Ms. Orfanelli

Absolutely.

Councilman Nutter

Okay. So, you'll meet with them?

Ms. Orfanelli

Absolutely.

Councilman Nutter

Thank you. Thank you, Madam Chair.

Council President Verna

I'm rather curious about the 61 waivers. When we grant 2641 Operating Budget - 4/6/05 a waiver, is it for a protracted period of time or is it an indefinite waiver.

Ms. Orfanelli

There are different types of waivers. We have time specific waivers. We have indefinite waivers. Most of our waivers are for a specific time period and need to be come back to the Commission if they want to renew them. So, we have a large number of waivers that are for one year only, for very specific types of jobs. Most of those jobs are under grant programs, and they are not for Civil Service positions. The other large category are for doctors, who we have trouble... I know other Council people have found this difficult to understand, but we have trouble finding doctors who want to work half time days at our health centers. And as a result, we do have doctors that live in Philly, but we have also gone outside to get doctors.

Council President Verna

Thank you. The Chair recognizes Councilwoman Brown. 2642 Operating Budget - 4/6/05

Councilwoman Brown

Thank you, Madam President. Good afternoon, ladies.

Ms. Orfanelli

Good afternoon.

Councilwoman Brown

On your testimony you discuss work force diversity statistics for women and minorities. And it indicates that there was a marked improvement from 1975, but this is the only year that you offer a comparison. Do you have any more current data on the City's work force, with regards to racial and gender diversity?

Ms. Orfanelli

Well, the number we gave you was 2004 compared to 1975. We have every year, and I would be glad to send you our diversity report, if you were interested.

Councilwoman Brown

I would like to see what the progress has been.

Ms. Orfanelli

Absolutely. And you will notice that it is incremental, but it is --

Councilwoman Brown

Growing. 2643 Operating Budget - 4/6/05

Ms. Orfanelli

-- incrementally changing every year.

Councilwoman Brown

And is that improvement also reflected? Because I don't have it now. I only have my questions. Also, in the management in areas where women and people of color have positions of responsibility --

Ms. Orfanelli

Yes. The report has that as well. It has the category of jobs, as well as the category of men, women and racial breakdown.

Councilwoman Brown

Very well. I'd appreciate it if you'd pass that on to the Chair.

Ms. Orfanelli

Absolutely.

Councilwoman Brown

Thank you very much.

Ms. Orfanelli

You're welcome.

Councilwoman Brown

Thank you, Madam President.

Council President Verna

You're welcome. The Chair recognizes Councilman 2644 Operating Budget - 4/6/05 Rizzo.

Councilman Rizzo

Thank you, Madam Chair. Good afternoon. I just want to make sure I understand. The total number of every category of waiver: Doctors, lawyers, whatever is total 61.

Ms. Orfanelli

Right. But that's not the total number of employees. That's the job titles. So, we could have five people in one of those categories.

Councilman Rizzo

Then give us a number. How many employees does this City employ that are as a result of a waiver that live outside the City?

Ms. Orfanelli

Sorry. I misspoke. There's 61 people who currently have waivers.

Councilman Rizzo

Okay.

Ms. Orfanelli

61 individuals.

Councilman Rizzo

Do I say strike that from the record? So we only have 61 employees.

Ms. Orfanelli

That's correct.

Councilman Rizzo

That live outside 2645 Operating Budget - 4/6/05 the City.

Ms. Orfanelli

That's correct.

Councilman Rizzo

And they are...

Ms. Orfanelli

And they are on the spreadsheet.

Council President Verna

And the spreadsheet is being circulated now, Councilman.

Councilman Rizzo

Good. Thank you.

Council President Verna

Give one the to the Councilman, please.

Councilman Rizzo

What's the longest a person has had a waiver? How many years has a person had a waiver that works for the City of Philadelphia?

Ms. Orfanelli

There's a few people in the First Judicial District who go back to the '70s.

Councilman Rizzo

Why is that?

Ms. Orfanelli

Well, we don't hire in the First Judicial District. I want to make that clear. That's done by the courts.

Councilman Rizzo

Why is that?

Ms. Orfanelli

Let's see. 2646 Operating Budget - 4/6/05

Councilman Rizzo

Why would someone from the library... I mean, that's not --

Ms. Orfanelli

Well, the reason is -- Well, do you want me to -- I'm sorry -- address the courts?

Councilman Rizzo

Sure.

Ms. Orfanelli

Okay. Court employees who were non-residents in 1973, when the residency requirement was imposed on the courts, were granted -- they were grandfathered. That's why there are court employees that go back that long, who they were non-residents then, and they were grandfathered in.

Councilman Rizzo

So there's no one after 1970 so and so.

Ms. Orfanelli

Most of the other positions are much more recent.

Councilman Rizzo

For the First Judicial District.

Ms. Orfanelli

Not the First Judicial. I mean, if you look at the Health Department or you look at Aviation or District Attorney, most of those waivers are 2647 Operating Budget - 4/6/05 fairly recent, and most of them are exempt. No, I shouldn't say that. It's a combination.

Councilman Rizzo

Free Library. What in the world are we doing with people -- giving people exemptions that work for the library?

Ms. Orfanelli

These are people who we've recruited. They're probably -- They're -- Some of them are trainees and may have a certain amount of time to move into the City. They will move into the City. They get -- In Civil Service they have one year to move in. And if you look at their appointment dates, they have a date they have to establish residency. That's sort of in the middle of the column. So the four people in the library have to move in by October '05 and one by March of '06. That means that we recruited them possibly from colleges. They weren't Philadelphia residents, but they must become Philadelphia residents. And that's a date they have to become, by that date. 2648 Operating Budget - 4/6/05

Councilman Rizzo

So the date to establish residence, almost everyone on here -- Let's say the Aviation unit.

Ms. Orfanelli

Right.

Councilman Rizzo

4/26 of 2005. Those people need to have residency in the City of Philadelphia. Who manages this? Is the operating department responsible to make sure that happens?

Ms. Orfanelli

Yes, they are.

Councilman Rizzo

If not, Channel 29, right?

Ms. Orfanelli

(Laughing.)

Councilman Rizzo

Because this is really... Sometimes I think... I mean, I can understand the scenario with the doctors. But I mean, you think we would really try a little bit harder to get some physicians that live in Philadelphia to work for the Health Department. I don't know -- Maybe this is just an easy way out. Maybe we don't work hard enough at really doing this, and we accept 2649 Operating Budget - 4/6/05 the fact that we'll just take whoever's available no matter where they live.

Ms. Orfanelli

Well, we do a lot of recruiting. We advertise. You know, we try very hard to get Philadelphia residents first.

Councilman Rizzo

Lynda, I don't -- I never give you a difficult time. But I've been around this government a long time, and I've never heard a recruiting pitch for doctors. And I have a lot of friends that are doctors tell me, because I've talked about this. They said, nobody's ever asked them if they wanted to work part-time for the Health Department. And they're in all different disciplines, internal medicine, you name it.