You're welcome. The Chair recognizes Councilman Nutter.
Thank you, Madam Chair. Commissioner, you and I have had discussions in the past, I think, when you were most recently here to talk about the military recruitment. We were looking at a bill, and then subsequently, as you mentioned on a couple of occasions, we ended up going in different directions. 627 COMMITTEE OF THE WHOLE - BILL NO. 990023 You and I have had a lot of discussions about hiring practices, the test, descent decree and the like. First, let me say that I believe that at the time the decent decree was appropriate, it was needed. It was factually founded that there was discrimination in the police department primarily emanating out of the '70s and into the early '80s. I do think though at this point in time, especially because it is nearing the end of the time, that it is most appropriate to revisit all of the issues that were covered by the decent decree from the hiring standpoint, a recruitment standpoint or the tests, which is still an ongoing issue. I think we generally agree that we are not sure what that test that the officers take proves, other than they know how to take a test, but it has virtually no relevance as to whether that person could be a good police officer or not, which is what we are really interested in. What I would ask you to do I guess at this point in time, if you can, direct it to the Chair but for this body, if you would put together, I guess, a proposal that gets into all of those 628 COMMITTEE OF THE WHOLE - BILL NO. 990023 issues and what you would like to see happen around the issue of hiring, what we can or should do with regard to the decent decree -- we don't know ultimately what the federal judge is going to rule -- where we are with the test issue. It seems like we have been looking at the test and searching around for a good test for many, many years. Whenever we ask about it we are told, We are almost ready with it, but, I mean, I have gotten that answer for the last five years. You know, we will all be old soon, too. And getting into what you mentioned earlier, that you want to change, for instance, the age that someone has to attain before they can be hired, can you do that within your own jurisdiction, or do you need something from the Civil Service? COMMISSIONER TIMONEY: Civil Service. It is Civil Service.
Okay. I would like to know what all of the things are that you are going to do, because you and I had been back and forth about this. And you may have thought I was in disagreement at the time about the sole provision of 629 COMMITTEE OF THE WHOLE - BILL NO. 990023 the recruit at the military bases, I was not. I looked at that as one of about ten things that needed to be done. And our own dispute was a timing issue: Should we do that in isolation or should we have a complete package ready for Council, for the Administration, and more importantly for the citizens of the City that details how you want to go forward in getting the best possible officers on the force. Is it a good goal to have? Does the police force reflect the general population of the City? Yes. But it is more important to have good, qualified police officers. You should not be scraping the bottom of the barrel. You should not be reaching down at depths with numbers that under any other measuring device, college, university or anywhere else -- generally a 69 is failing on anybody's else benefit. The fact that we have to dig down below to get police officers again on a test that we're not sure what it measures is a problem. And I think it needs to be addressed. To the extent that you cannot find, for 630 COMMITTEE OF THE WHOLE - BILL NO. 990023 whatever reason, good qualified, minority people, whether black or other races, but you are finding in the white population people who can pass the test, is an indication either of a testing problem or a recruitment problem, or there is something wrong with the test that certain people are passing it and certain people are not, for whatever reason. All of those issues, I think, really do need to be examined. We need to be honest about what we find from that, and then design something that is fair to the recruits and also fair to the City. So could you put together a proposal -- COMMISSIONER TIMONEY: I couldn't agree with you more. And I just want to find out or clarify and give you some of my experience in this area. One, I don't necessarily -- I don't disagree that there is discrimination from the decent decree of 1990. I am not arguing that point. I am arguing -- my argument is with the solution, that the solution, by virtue of the fact it's saying whatever the percentages are the 631 COMMITTEE OF THE WHOLE - BILL NO. 990023 percentages are, I think we were better off going (unintelligible.)
Neither of us were around at that time. And you and I don't necessary understand why the percentage has to do with how many took the test. We might be able to look at something with regard to how many actually passed it. I mean, you have a universe of people actually taking the test, some of whom are never going to be police officers, should never be police officers and are not going anywhere in any way in that particular profession. So basing it on the number who took the test versus the number who actually passed I think is the first part of the problem. So -- COMMISSIONER TIMONEY: Well, the other part is -- this is not to dampen expectations but just to point to something and then ask a question -- why is it so difficult? In the early '80s the New York City Police Department began a sincere, I think, affirmative program to go out and recruit more minorities, especially African Americans. In 1984 632 COMMITTEE OF THE WHOLE - BILL NO. 990023 they hired the first African American police commissioner, that effort increased, lots of money, lots of personnel were put into that effort. And then it was literally come up once a week, this whole thing. We had a whole unit set up with some pretty sharp people running it. That commissioner was followed by Lee Brown for the next year. So we had eight and a half years of African American leadership. I am talking about spending billions of dollars and lots of personnel. And we increased the minority population in the New York City Police Department, but not to the intended increase when we first started off. The New York City Police Department went from in 1980 11.8 percent African American to today, 13.4 percent. This is after the millions of dollars and hundreds of man hours or something like that. The Hispanic police officer population went from 4 percent to -- it's up around 18 or 19 percent now. And every class -- they are doing huge classes now for the last six or seven years. Every class in New York has had over percent Hispanic/ 25 Africans. And this is with no particular effort in 633 COMMITTEE OF THE WHOLE - BILL NO. 990023 the Hispanic community. And the Asians have gone from literally a handful to over 500 in that same period. So often even when you put in the resources and effort, the results aren't what they are to be expected. So I am not trying to dampen, I am just trying to enlighten.
I understand. Look, you can make the opportunity available, people choose to pursue it, fine; if they don't, that's the way it goes, and you can't complain. But as long as there is an element of fairness, a level playing field, good opportunity, people will decide whatever it is they want to do. So I will ask, if you can, go forward on that. COMMISSIONER TIMONEY: I will go forward on that, and you've got my commitment.
Thank you. What is the status -- there has been discussion over the years on, and I think it may have even come up when you were first with us at this time last year, the issue of the size of the police districts, where their boundaries are, and 634 COMMITTEE OF THE WHOLE - BILL NO. 990023 should they be realigned based on either crime or population? I don't know. I don't know that there is an average police district in Philadelphia. In the political realm we have ten councilmatic districts; they each have approximately 157,000 people in it. There is no way in the world that there is any particular rationale at the moment of why the districts are the way they are. I assume based on size they probably put additional offices in them. But is there any active -- COMMISSIONER TIMONEY: There is an effort as a part of -- this is going to take, I am not kidding people, this is going to take most of a year to do. As part of looking at the entire 911 system, we are also looking at personnel and allocation of resources on a district-by-district basis. And we are also starting to look at for the first time since 1972 how -- for example, the 14th District, they have got (unintelligible.) If you get a young Tom Costello in here and it is his best day ever (unintelligible) that's a pretty populated 635 COMMITTEE OF THE WHOLE - BILL NO. 990023 area. You go to other parts of Philadelphia and it is completely changed, either populated or depopulated. In most cases since 1972 you have the same sector arrangements applied. That's what I'm saying, we need to look at that. I am not overly concerned, although I know some members of the command are. I know they brought to my attention things regarding, for example, the size of the 35th District. I know Commissioner Estel brought it to my attention, Commissioner Johnson, Commissioner Mitchell. I am not overly concerned with that -- (unintelligible) -- the variety up in New York, so long as you have the number of personnel, that are correct. I'll Brian Wooling to look at that, if, in this case, the Mayor's Office and the City Council, says look at district boundaries. You know we are creatures of habit and creatures of experience. I know in New York during the '70's when we did our first effort at this we were hooted. I mean, don't people identify with their districts, and you just can't do it. So 636 COMMITTEE OF THE WHOLE - BILL NO. 990023 that's -- so if someone is willing to bite the bullet, I am willing to bite it.
It should not stop for a minute. I think prior to coming here, in some of the material that came down to us, you've expressed strong support for bike patrols. COMMISSIONER TIMONEY: Yes. To a point. (Bernadette M. Black, RPR, was excused at 2:10 p.m. And replaced by Lisa Bradley, RPR.)
I understand. Shortly before Commissioner O'Neill left and shortly before you arrived, I was in active discussion with the Police Department about some bike patrols out in the district that I represent, two areas specifically and a couple others. One is the City Avenue Area with the new City Avenue Special Services District, a compliment of bike patrol officers that have been deployed, I'd say somewhere probably in the last eight months by the Lower Merion Police Department. I am nicely being beat up by my colleagues across the avenue that they have bike patrol officers over there but we have none on the other side to compliment their force. I'd like 637 COMMITTEE OF THE WHOLE - BILL NO. 990023 to ask if you will take a look at that, as well as in the Manyunk section where there are actually a couple patrol officers. I think the only issue over there is the area that they cover. COMMISSIONER TIMONEY: Well, I'm up there all the time on my bike. They don't need any more bike cops.
Do you wear the police thing on your back? COMMISSIONER TIMONEY: I wear the police helmet, Philadelphia.
Take a look at their area of coverage and make sure that the residents in the area are not -- I won't say denied, but don't enjoy the benefit of what the commercial corridor is getting in the Main Street Manyunk area and look at going maybe a block or two into the residential community. COMMISSIONER TIMONEY: Okay.
Two other areas that would probably benefit tremendously are 52nd Street in West Philadelphia, 60th Street, and Lancaster Avenue. COMMISSIONER TIMONEY: Let me say, West 638 COMMITTEE OF THE WHOLE - BILL NO. 990023 Philadelphia, because I spend so much time up at the 18th, it seems like I do, they have a full compliment of -- there's a lot of bike officers up there.
If I went back to my old neighborhood, I would enjoy the benefit of what the 18th does since I grew up around the corner from the 18th. Unfortunately, the 18th is not in my district, it's in Councilwoman Blackwell's district. I've got the 19th, the 5th, and the 39th. So if we could get some over in the 19th, I would appreciate it. Last few things. Can you share any perspective or share any information that you might have regarding making more permanent the current volunteer effort with regard to night court? When it comes, it seems to be very nice, everyone gets exited, and I greatly appreciate what the judges are doing. I don't know what the response and reaction is from the police department. The times that it's happened in the 19th, one of the responses that's come back to me is that the judges often start at about, I think, 6:00 or 7:00 in the evening and may end the night at 639 COMMITTEE OF THE WHOLE - BILL NO. 990023 about 12:00. In the 19th District, unfortunately, the people who are up to the most activity are possibly still asleep from having been up all night the night before, so they don't really get going with their operation until about 9:00 or 10:00 at night. And then the judges kind of complain that we're not bringing them activity at 7 o'clock in the evening. You know, these folks are probably, as I said, still sleeping or they're eating their meal for the evening for their nighttime activity. But it is a hit or miss kind of activity. If we're going to be serious, I think, about night court, and I think the judges are very serious and I appreciate their efforts, I mean, it has to be a part of the regular routine. COMMISSIONER TIMONEY: We've had -- because I've spoken to McCafferty and a few of the other judges, and they're not too happy. We've had meetings within my office. And as a matter of fact, I met with Chief Prior last week and again yesterday on this whole issue. Part of the problem -- and I think we've got to come up with a better system. But having gone through night courts myself, I've been down to 640 COMMITTEE OF THE WHOLE - BILL NO. 990023 the 12th district because we go into a big thing with the racers down there. It's a real problem. Well, it rained that night. We were rained out. We had this whole court staff and nobody to feed the monster. South Street was empty because it was pouring rain out. So I think we have to come up with a system.
Part of your anti-crime program, I now take it, is going to be regular rain storms at various times of the year, that's going to be a new part of our operations? (Laughter.) COMMISSIONER TIMONEY: No. What I'm saying is if there's no planning involved, we've got to put up a better system that can't be just it starts to rain and then all of a sudden we have no 18 candidates to bring before the judge. By the way, I've gone to a few of them. I like the idea viscerally going to see a judge -- it may be the same effect going a month later, but there's nothing like swift justice and going there and having the judge chew you out and then fine you. There's just something appealing about that.
Two last things. 641 COMMITTEE OF THE WHOLE - BILL NO. 990023 Your service level impact statement which is attached to your testimony, talks about mobile ministations and stationary ministations. What is the current policy on the establishment of mobile and stationary ministations and which, in your opinion, is any better than the other? Or do you like them at all? COMMISSIONER TIMONEY: I don't like them at all, and I think I've been quite clear on that since the day I've gotten here.
Tell us how you really fell about them. COMMISSIONER TIMONEY: If giving my druthers between a ministation and a mobile ministation, I prefer the mobile ministation. There are certain situations where you can get a ministation where you have a bonafide reason. The problem that I have, whether it's mobile or just ministation, is it comes out of the writings surrounding community police in the late eighties that were written by people in non-eastern seaboard cities. They had a headquarters and no outposts. They had no place to show the flag, so they set up these ministations. 642 COMMITTEE OF THE WHOLE - BILL NO. 990023 When you look at Boston, New York, Philly, Baltimore, we have neighborhood districts. In Philadelphia you've got of them including the 5 park. So then to come up now with 20 ministations 6 on top of that and 11 to 12 mobile ministations, 7 depending on what politician in Harrisburg could 8 come up with the most money to buy one. Then when 9 you buy one, you get eight cops with it, is just an 10 insane way of doing business. 11 So I don't want the cops hanging in the 12 mobile ministations. I want them hanging out in the 13 street. It just gives an excuse to get off the 14 street, especially in the rain. 15
The mobile 16 ministation becomes a stationary mobile ministation 17 for at least a week. 18 COMMISSIONER TIMONEY: Yes. 19
Arbitration issues, 20 you expressed a great frustration with some 21 management prerogative issues. We hear about great 22 frustrations of the police department regarding 23 officers who have been fired for various 24 activities. Next thing you know, six months later, they're back on the force with back pay and 643 COMMITTEE OF THE WHOLE - BILL NO. 990023 everything including -- COMMISSIONER TIMONEY: And overtime, the presumed overtime you would have made.
And overtime. Well, that is a God-given right and, you know, bells and whistles and a cake welcoming them back. Is there any particular strategy or even a list of issues that you as a police commissioner and people in the law enforcement community look at as particularly problematic and any effect that may be made at the state level to try to seek relief on some of those things? COMMISSIONER TIMONEY: Karen, do you want to talk about that? John?
Councilman, there are a number of things we're trying to do both on the state level and locally. State level Act 111 governs the arbitration. I mentioned to a group this morning that if you look at the collective bargaining agreement, on its face it looks like the same document. Once it gets into the hands of the 644 COMMITTEE OF THE WHOLE - BILL NO. 990023 arbitrators, it's their interpretation that's killing us. The two big issues, obviously one you mentioned is discipline. Another is transfers which I think any CEO of any corporation, public or private, those are his two most important management tools. Aside from -- one of the problems with Act 111 is in exchange for the agreement that police and fireman cannot strike, which we all agree is a good thing, there's no review. There's no meaningful court review of these arbitrators' decisions. So we have three or four cases where officers -- real egregious cases -- were using drugs. One smacked up her patrol car drunk and high on cocaine. The arbitrator found that yes she did do that but the penalty was too severe, we should give her another chance.
We fired her. We're appealing that. We don't really have very strong grounds to appeal, I have to admit.
Where do you appeal these issues? 645 COMMITTEE OF THE WHOLE - BILL NO. 990023
This issue is being appealed now before the State Supreme Court. The argument is since it's a contract, like any other contract, it is void if it opposes public policy. And the City's argument is that rehiring an officer who uses illegal drugs and on duty no less is certainly in violation of public policy. So there's things I'd like to talk to you about privately that we're trying to do through Harrisburg because we don't want to create any public issues.
I understand. I noticed midway through your statement your attorney jumped up to the table. You're about to get yourself in trouble. So I wasn't planning to ask you any more questions. The wave had started happening. (Laughter.)
One of the great things about Karen Simmons who came to us from the law department is her background in the law department was in labor, and she knows the shenanigans that are going on and the outrageous results that we've been faced with. 646 COMMITTEE OF THE WHOLE - BILL NO. 990023
Is it true in some other jurisdictions, I guess outside of Pennsylvania since Act 111 covers the entire Commonwealth, is it true that in some other jurisdictions these arbitrator decisions, there is a clear path for appeal to the courts that's clearer than -- I mean, maybe you're out on new ground, maybe you're just trying something novel or something like that, but in other places is it true that an arbitrator makes a decision and there is a clear path through the court or some other jurisdiction to make an appeal.
There are several different systems. For instance, in New York there is no arbitrator, and the only time a police commissioner's decision, management's decision, especially discipline and transfers is overturned is if the Court finds that the decision shocks the conscience. There's a lot more management prerogative. But also if you look at New Jersey where there are arbitrators, there's a rule known as the Essence Rule where if you can at least argue to the Court, this decision cannot be interpreted as drawing its essence from the four corners of the 647 COMMITTEE OF THE WHOLE - BILL NO. 990023 contract. Right now, no matter what the arbitrator decides, no matter how they interpret that contract, whether it's in there or not, and many times I can't find it in there, you cannot appeal that. The better system is the essence system where the arbitrator, in effect, has to go to the contract and can be held to unreasonable interpretation, and that would be much better. That would be worlds better. Just one other thing you brought up that is an inherent problem in these arbitrations is the one union police department we have. You have a union that represents from patrolman right up through the top of the command structure. That makes it difficult when you go to an arbitration and the supervisors, especially the front line supervisors, the sergeants and the lieutenants, but we've also seen from the captains where they're reluctant to attack for fraternal reasons, for union reasons. And if you read the transcripts, they're incredible that their union will say to witnesses who are internal affairs or other detectives, "I'm Attorney Gallagher. I represent the grievant in 648 COMMITTEE OF THE WHOLE - BILL NO. 990023 this case. I represent the FOP, which by the way is your union, and we represent you too." So there are subtle and not so subtle reminders.
Actually, that's subtle compared to some of the other ones.
Lastly, Mr. Gallagher, and you've been working with me on this on behalf of the police commissioner. Are we still pretty much on target for end of the month with the shooting study that I had requested sometime ago?
I'm cautiously optimistic. I have another meeting Friday. I have Inspector Yanick here. We met again yesterday, again last week. It's a lot of material. As I mentioned in my last conversation or correspondence with you, taking your lead, we've also added further categories. From your lead, we're trying to make this a more expansive, hopefully more useful study. But right now, yes, we're still targeting for about three more weeks.
All right, I'll look 649 COMMITTEE OF THE WHOLE - BILL NO. 990023 forward to that. Lastly, Commissioner, you slipped it in, but you know that I heard it. We won't have a fight about it today, but the fact that you're taking away my executive officer out of the 19th District, I will not hold against you only because he is an excellent officer and certainly deserves an opportunity. I would like to keep him, but I never hold anybody back from their own growth and development. But Captain Fisher has done a great job out in the 19th, and I wish him well under these circumstances.
Thank you. Councilman Ortiz, did you want to be recognized?
Yes, please. Commissioner, following with what Councilman Nutter said, if you can include in there in terms of the hiring aspects the issues that we were talking about before, the impact of recruitment 650 COMMITTEE OF THE WHOLE - BILL NO. 990023 of the polygraph and those interview sections and so on, what impact, whether adverse or positive, they have and whether they're still necessary or not and how you're trying to reform those issues. I just have one thing. My staff person said that there's a community resource manual, a community police resource manual that was put out when Commissioner Williams actually was commissioner. And she was wondering why we don't do it, since it does have here a very wealth of information about the district, people to call, different departments, different agencies and so on. It was handed out to community and town watches before, but it's sort of like gone out of business. COMMISSIONER TIMONEY: Is it just phone numbers?
No, this has Philadelphia Police Department, and then it has organizational lists, it has the different patrols, the hazardous material division, it has deputy commissioner and chief inspector with phone numbers and so on. COMMISSIONER TIMONEY: If you could, Mr. Ortiz, could you show that to Inspector Yanick and 651 COMMITTEE OF THE WHOLE - BILL NO. 990023 maybe we can -- because I have no problem releasing information. As long as my name's not included in there, I have no problem. (Laughter.)
Commissioner, thank you very much. You've been very informative, very interesting. And I just want you to know that in the period of time that you were here today, yesterday we heard 11 different departments. COMMISSIONER TIMONEY: I will try to be less windy the next time. (Laughter.)
Thank you. The next department to testify is the fire department. Good afternoon, gentlemen, and thank you for your patience. Please identify yourself for the record and proceed with your testimony. COMMISSIONER HAIRSTON: Good afternoon, 652 COMMITTEE OF THE WHOLE - BILL NO. 990023 Councilwoman Verna. I'm Commissioner Hairston from the Fire Department, and with me here is my Deputy for Administrative Services, Bill McNulty. And I have Dave Beatrice who is our Fiscal Officer. The Fire Department's FY 2000 operating budget proposes $138,194,759 for the General Fund, 3,998,400 for the Aviation Fund, 551,893 for the Grants Fund. This represents an increase of 2,787,656 over the current estimated FY '99 budget and primarily that's because, and that's in Class 100, and the reason for that is people got a raise and deals with the staffing and pay provisions. We have a public relations campaign. We're in the third phase of it. It called for us to establish a campaign. We got a lot of information in the first couple of phases. We are now about ready to launch that campaign. It really will have a tendency to reduce the number of responses that we go to that deal with emergency medical services. We have about 40,000 that fall into that category. We think it can be reduced by about 20 percent, so we should at the end of that realize a reduction which will help us lower the number of responses that we go to that we consider unnecessary. Unnecessary is 653 COMMITTEE OF THE WHOLE - BILL NO. 990023 really a case where we don't provide any service for one reason or another. Whether or not that's somebody left the scene before we got there or they simply did not qualify for a medical emergency where they needed to be transported to a hospital. We've had some good successes over the last year particularly dealing with fire prevention. We had the lowest fire death total in the last a little more than 50 years with 46. Nothing to brag about, but considering where we were coming from, it's a big deal. We are using more and more of our fire fighters in fire prevention whenever we can because they really have a tendency to deal better with the neighborhood, so we're seeing fewer and fewer fires. We're down in all the categories that we ought to be down in. One problem really deals with EMS, and we continue to go to more and more locations where people need to be taken to the hospital. We got some relief a few years because we had asked for some help with that. We were given the dollars. We added more units, and it has had a tendency to reduce the number of responses that each medic unit 654 COMMITTEE OF THE WHOLE - BILL NO. 990023 has to respond to. The biggest thing that everybody is feeling really good about right now is the fact that we got a million eight that was provided for last year for us to buy a new SCBA system. That's where you see the tanks on somebody's back. As part of that, this system is going to save us about $180,000 in repair costs because of the way that we did the contract and because of the provisions that are built into it. Everybody is going to get their own individual masks. That will be new for the Fire Department. We used to share the masks, and every time you'd come in, you'd have to clean the masks and use somebody else's and so forth. That's a pretty big thing for us. Things are going pretty well. We are going to be diligent and continue to be diligent dealing with the fire safety programs. We made a decision a few years ago that it was better to prevent the fire than to have it, and we're going to continue with that kind of strategy. It has worked and brought us good favor with most people, so we feel good about that. 655 COMMITTEE OF THE WHOLE - BILL NO. 990023 In the latest survey, we had about 95 percent of the residents that claimed that they have smoke detectors. We still have some people who don't. We still give them out at the tune of a little over 20,000 a year from a lot of different sources and so forth.
We're going to continue to be diligent with that. We're always seeking funding from outside sources to try to have more and more smoke detectors to give them out because a lot of the ones that are in service are ten years old or so and they need to be replaced, and there's a continuing need to replace the batteries and so forth. All and all, things have been good. You've been very supportive, and we appreciate it. So if you have any questions, I'll be happy to answer them.
Thank you, Commissioner. Your department does a fabulous job. How many recruit classes do you expect to put on in FY 2000? COMMISSIONER HAIRSTON: It's probably going to be two classes. Basically, what happens with the Fire Department is you end up with about a 656 COMMITTEE OF THE WHOLE - BILL NO. 990023 hundred people a year, somewhere thereabouts, that end up retiring or leaving the Fire Department for one reason or another. So generally speaking, that's worked out as to where you end up with about two classes.
Thank you. Any questions from Members of the Committee? Commissioner, this is a rarity. You really rate. That's wonderful. COMMISSIONER HAIRSTON: Let me just say how much I appreciate all the help that you have been and all the Members of Council because we couldn't have had these successes without you. I mean that sincerely.
Thank you very much. Department of Records is next. Commissioner, please identify yourself for the record and proceed with your testimony. COMMISSIONER DECKER: My name is Joan Decker, Records Commissioner. With me today are Jeanne Reedy, Administrative Services Director; Anita Banks, Supervisor in the Public Records Room; 657 COMMITTEE OF THE WHOLE - BILL NO. 990023 and Josephine Clements-Churchhill, one of the Forms Analysts in the Records Management Unit. I won't read my testimony since you have it. I would just like to point out a couple of our accomplishments during the past year. We've kept the backlog of unrecorded documents at zero, and our goal for the next year is to continue that. Documents are recorded within hours of receipt, 10 and documents are returned within three to four 11 weeks, which is very consistent with the activity in 12 other counties, recording counties throughout the 13 state. 14 In the past year we recorded over 15 200,000 documents, which is the highest volume ever 16 on record. We've collected probably close to 82 17 million in city realty transfer taxes, over 20 18 million in state realty transfer taxes, and a little 19 over $8 million in recording fees. 20 And in the records management unit, I 21 guess our biggest accomplishment in the past year 22 was the move into a new records storage center and 23 archives, which is a lot more, I guess, gracious 24 accommodations for our customers as well as the staff. 658 COMMITTEE OF THE WHOLE - BILL NO. 990023 I'll be happy to answer any questions.
Thank you, Commissioner. In FY '99 you were budgeted 2.4 million dollars in the grants fund out of a productivity bank. Why have you not spent any of these funds? And why are you requesting only 1.7 million dollars in FY 2000 and not the 2.4 million that you were budgeted in FY '99? COMMISSIONER DECKER: As part of our automation activity, before implementing into production we were taking one more look at the document recording work-flow. And once we're completed, we're continuing to test and then we will be implementing and rolling out the automation, the further automation activities. We have really been -- as a result of the lot of the activities in the past year, we've been reexamining the document work flow and working very aggressively to streamline it as much as possible. So we continue to work with our vendors, but as I said, before we roll out the final product, our intent is to review the work-flow one more time and then proceed with implementation.
Thank you. 659 COMMITTEE OF THE WHOLE - BILL NO. 990023 Can you tell us what steps has the Records Department taken to be Y2K complemented in the year 2000? COMMISSIONER DECKER: Yes. We're participating in the city-wide effort. We're reviewing the hardware and software that any automated components that need to be upgraded and we're working with -- most of our equipment is mainframe based. We've also been working with the NDO's office in creating, in addition to remediation and testing of remediation efforts, in developing a backup plan as well as contingency plan, a way to continue operations in the event of any kinds of building or equipment failures.
Thank you. The Chair recognizes Councilman Nutter.
Thank you, Madam Chair. Ms. Decker, was your opening statement that your backlog level was at zero? Was that your testimony? COMMISSIONER DECKER: Yes, that's correct.
Commissioner, that is an unacceptable level. If you're not going to 660 COMMITTEE OF THE WHOLE - BILL NO. 990023 keep some amount of backlog, there really is no 3 reason to all those fine folks working over there. (Laughter.)
You've done a wonderful job. COMMISSIONER DECKER: Thank you, and I'll pass that on to the staff. They've been very diligent. Everybody's been working very hard. And I think we're all very proud of the accomplishment. Thank you.
They must have forgotten they're working for the municipal government or something. Seriously, some of that comes as a result of, I think, Councilman Kenney, wasn't there about a year or so ago a series of hearings on some backlog issues and we got into a whole host of things at that time? We heard some of the problems. So it's really very good for you to be able to come to us today and share that information. As I did, I think, on at least one other 661 COMMITTEE OF THE WHOLE - BILL NO. 990023 occasion from a service standpoint, I don't file 3 many documents, but I'm often looking to get them from the department. I've received excellent service from you and the staff. And if you could seriously communicate that as well. It is greatly appreciated. Many citizens have called under emergency situations, needed things, and you guys have always come through for us, and I appreciate it. COMMISSIONER DECKER: Thank you. I will pass that on. It will make our staff very happy.
Are there any other questions or comments from Members of the Committee? Council Nutter, are you finished?
Thank you, Commissioner. COMMISSIONER DECKER: Thank you all for your support.
Last department to be heard is the Department of Human Services. Hello, Commissioner, and thank you all 662 COMMITTEE OF THE WHOLE - BILL NO. 990023 very much for your patience. Please identify yourself for the record and proceed with your testimony. COMMISSIONER REEVES: Thank you. I'm Joan Reeves, Commissioner of the Department of Human Services.
Commissioner, have we received this testimony? COMMISSIONER REEVES: That's a summary.
We have your testimony, so if you can just abbreviate. COMMISSIONER REEVES: I will abbreviate abbreviate.
Thank you. COMMISSIONER REEVES: Good afternoon, Madam President and Members of the City Council. As I said, I'm Joan Reeves, Commissioner of the Department of Human Services. With me today are Maxine Tucker, Deputy Commissioner of Children and Youth; Joyce Burrell, Deputy Commissioner for Juvenile Justice Services; Russell Cardamone, Deputy Commissioner for Administration and Management; Margaret Holtzman, Superintendent of Riverview; and Leann Ayers, Executive Director, Children and 663 COMMITTEE OF THE WHOLE - BILL NO. 990023 Families Cabinet. We're here today to present for your review our general fund budget request for fiscal year 2000 of $423,637,616, which is a 9.1 percent increase over fiscal year '99. I would like to state, however, that the revenue for this budget was 88.2 percent from federal and state revenues and 11.8 percent from city revenues which is a reduction of 14.6 percent in fiscal year '99. Due to the time constraints, I'd really like to just mention that our mission and our goals and objectives are all part of the full written testimony that this budget request will allow the hiring of 63 new positions which is an increase of general funds positions from 1725 to 1788. We've had many accomplishments over this past fiscal year. One has been the settlement of the Baby Neil lawsuit which has resulted in the agreement to have a two-year monitoring by the plaintiffs. That was approved by Judge Robert Kelly on February 1st of this month, so that the settlement itself will expire on February 1st of the year 2000. All our programs are fully licensed and 664 COMMITTEE OF THE WHOLE - BILL NO. 990023 that's for the sixth straight year. So we're very proud of that. I just want to say that our challenge for the department is in regard to welfare reform and the adoption of Safe Families Act. We're working very diligently with the County Board of Assistance with other child welfare stakeholders in addressing the issues around welfare reform and making sure that the families in the Department of Human Services System will not be impacted to the best of our ability, but we also caution that ASFA puts into place some requirements that can have some negative impact for those TANF families who find themselves unable to care for their children and then their children come into our system under ASFA which gives them maximum of 12 months in order to have their children returned to them. I also want to take this opportunity to thank a lot of people, from our social workers and our health care aids and our youth detention counselors to the private agencies that contract with us to provide services to the communities in which our children and families live, and especially to those residents who are volunteering now to 665 COMMITTEE OF THE WHOLE - BILL NO. 990023 support families. And as Chair of the Children and Families, we've submitted an extensive description of the activities of the Children and Families cabinet in the written testimony. And you will be hearing from Commissioner DiBerardinis about some of our activities, and I'm available to answer any questions. So that basically is an abbreviation of my abbreviation of the written testimony.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you, Madam Chair. Commissioner Reeves, maybe you could elaborate on something that I just have a problem with. Utility, Incorporated, Youth Study Center, you're requesting $102,000. This is a program for trans-gender youth. $102,000? COMMISSIONER REEVES: That's Unity, Incorporated. Yes, for counseling services for these youth and early intervention with these youth.
$102,000? How many do we have that have this problem? 666 COMMITTEE OF THE WHOLE - BILL NO. 990023 COMMISSIONER REEVES: On a given day there are 50 kids in the program, and that 50 kids rolls over over time, so the exact number of kids who go into that program would be more than the 50, but I'm not sure of the total number.
Fifty in any given day? COMMISSIONER REEVES: Right, but they -- about 300 young people were involved in it last year. So the 50 is a rolling number. They go through the program, and they complete the program, and then another 50 are brought in, and another 50. So the total number of children to be served are about 300.
You're welcome. The Chair recognizes Councilman Ortiz.
Thank you, Madam Chair. Commissioner, as March 3rd approaches and the sanctioning process looms before us, do we have any sort of safety net in terms of as 667 COMMITTEE OF THE WHOLE - BILL NO. 990023 individuals get sanctioned and I think the children, if they get sanctioned, the children also get sanctioned? Do we have any safety net in place or any working relationship with the state agency in which as people get sanctioned they can get referred to a city agency or to you so appropriate steps can then begin to be taken by us to try ameliorate whatever harm may take place? COMMISSIONER REEVES: We're working on several levels. Of course, we're working with the City and Donna Cooper with the Welfare to Work. We have been meeting with the Director of the County Assistance office establishing working protocols. We have sent letters to our provider agencies asking them to contact all their families to determine, one, if they're receiving TANF; two, if they have been advised by their district county assistance office to come in for a meeting in order to have their agreement of mutual responsibility updated. We have also sent to the state a list of all the children receiving services from the department so that then they can run a data match to see which of those children also are in TANF households who will be meeting the two-year time clock. 668 COMMITTEE OF THE WHOLE - BILL NO. 990023 Our family centers under the Children and Family Cabinet is doing outreach in communities to advise families and heads of households that they must comply and go into the County Assistance office when they are scheduled to attend. So we are working diligently with our staff, with our providers in order to mitigate as much as we can any opportunities that might occur where sanctioning will happen. We are very concerned. We will be working with the County Assistance office identifying, supervisory staff in those offices that we can contact and that our providers can contact if a family is threatened with sanctioning. We're also having our staff trained with the provider agencies by both the County Assistance office, the CLS and by PCCY so that we are also aware of what the rights are for those TANF families.
Is there any way that we can begin putting together a sanction prevention unit out of DHS? COMMISSIONER REEVES: What we are working towards, because under state regulation, we 669 COMMITTEE OF THE WHOLE - BILL NO. 990023 have mandated services that we provide. So through our family centers we are looking at how we can provide preventative-type services. A sanctioning unit within DHS would be focused on DHS families that are currently in our system. To do a broad sanctioning prevention unit would not be, I think, practical for us. I know in other states they have hired the State Welfare Department has hired organizations in order to be available to those families that are having difficulty with complying with the requirements so that they can assist them in do doing so.
I'm not saying that we should because I understand the work load that the department has. But it seems to reason that -- and we asked the state whether they can do this, and I know Mayor Rendell and his staff would be very interested in doing it except that the data in order to be able to do it is not forthcoming. So it is a problem and we're going to be left with the results of the effects. Is there any way in which we are -- the DHS workers are beginning to get instructed in all of the exemptions that may be available and trained 670 COMMITTEE OF THE WHOLE - BILL NO. 990023 along those lines and the exemption and the good cause exemptions and so on? And is that available to the communities and the clients in different languages? COMMISSIONER REEVES: What we are doing, one, we're setting up the training for both, the type of training you mentioned, for both the DHS social work staff as well as the provider agencies who provide direct services to these families. We're working with CLS, Community Legal Services. We're working with the Mayor's office of Policy and Planning. And we're working with the County Assistance office to establish specific type training. The Family Center staff has already been involved in training on what is good cause and what the requirements are. And because they are there in communities, they can provide that kind of outreach to families that may be affected. So the short answer is yes.
Very good. In terms of the kinship and care givers and the grandmothers that may not be exempted and they're are part of our clientele, are we working with them to see how we 671 COMMITTEE OF THE WHOLE - BILL NO. 990023 can bring them under the exemption rule so that they don't have to be ordered -- these grandmothers, 50, 60 years old, be ordered to work. COMMISSIONER REEVES: We have been working on this for some period of time, and my understanding is that the State's position is that they, as recipients of TANF, fall under the same requirements. They will look at individual case situations in order to determine whether or not that person has a good cause reason for not being required to work the hours. But it is a 13 concern. 14 We also have been aware that a number of 15 those kinship families are applying for child only 16 grants, which means that the kinship adult would not 17 fall under TANF. 18
You spoke at one of 19 our briefings in terms of the children who will be 20 impacted as sanctioning takes place and the danger that they will be placed. Could you expound on that a little bit and give us what are the real dangers of the children along these lines? COMMISSIONER REEVES: One of the worst case scenarios that we are looking at is if a family 672 COMMITTEE OF THE WHOLE - BILL NO. 990023 receives a full family sanction, which means there is no income coming into the family, those children then have to be placed into foster care. They fall under the Adoption and Safe Families Act requirements, which is that within months that 7 family has to be able to show that it can take care 8 of its children. Otherwise, we have to file a 9 petition for termination of parental rights. That 10 means that if that is approved, then those children 11 are then eligible for adoption. 12 We are doing our level best to make sure that those situations will not occur. That's why we have a group of internal -- of our staff now working on ways that we can begin addressing this very complicated issue. We are telling people, and everybody needs to get this message, people have to comply with TANF, at least go into the County Assistance office and meet with their case worker. We do have brochures about TANF in about five different languages or four different languages, English, Spanish, Cambodian, Laotian, and Russian. And those brochures and that information is being made available in communities so that 673 COMMITTEE OF THE WHOLE - BILL NO. 990023 people understand what the potential impact can be.
What do you project the impact of TANF will be if it goes into place and we don't have a lot of the institutions? What impact do you see within the next six, seven, eight months? COMMISSIONER REEVES: What we have projected for the next six months is a total of 100 children having to receive service from us as a result of TANF. And then for fiscal year 2000 a gradual increase over the course of that year of 250 children.
Thank you. On the Unity Contract, would you maybe for the record's sake elaborate a little bit on just what the need for it is, the children age profile we're dealing with, some of the problems that young people in this particular situation face in relation drug abuse, alcohol abuse, and even suicide, that it's something that is a difficult situation for parents and family members to deal with so that professionals are required in order to keep these kids' heads on 674 COMMITTEE OF THE WHOLE - BILL NO. 990023 straight while they go through this physical and emotional process? COMMISSIONER REEVES: You said it so well. Let the record state that what Councilman Kenney has described is exactly why we need this program. It is a troubling time for youngsters, I would say between the ages of and who are 9 coming to grips with their sexuality, with their 10 families' reactions, their peers' reaction, the 11 depression that also occurs during this period of 12 time, the situations of attempted suicide, of 13 getting into very serious delinquent behavior as a 14 result of it. So the Unity Contract is a prevention 15 contract to help these youngsters really deal with 16 what they are experiencing. 17
It's a tough time 18 for teenagers generally, but even tougher in this situation. COMMISSIONER REEVES: That's right.
Commissioner, on of your testimony it states that in FY '99 the State's funding remains 8.3 million dollars 675 COMMITTEE OF THE WHOLE - BILL NO. 990023 short of its legally required share. Does this mean that the City is in an overmatched position again? And what are we doing about something like that? COMMISSIONER REEVES: Yes, we are in an overmatched position. The things that we have been doing, one, we filed an appeal which we are able to do because of the State's certification of our budget. We have been in constant dialog with the State about the needs space budget, how it is determined, there will be changes for fiscal year 2000, 2001 with the needs space budget. We are working very closely with the other 66 counties for the first time. Since the needs space budget has been in effect, every single county in the State of Pennsylvania has been impacted by the decisions that have been made by the Department of Public Welfare. Some counties have had to raise taxes in order to meet the needs of children in their communities. I am optimistic about the Governor's budget where he is requesting an 88 million dollars increase in child welfare cost. And I think this is the first time this has happened my tenure, where if we get our proportionate share, we can look forward to a 32 million dollar increase. So this fiscal year it's 676 COMMITTEE OF THE WHOLE - BILL NO. 990023 still in question about the overmatch.
But you feel that there is light at the end of the tunnel? COMMISSIONER REEVES: There is some light, yes.
Thank you very much. Are there any other questions? Thank you very much. COMMISSIONER REEVES: Thank you.
The Committee of the Whole will stand in recess until Friday, February 19, 1999, at 9:00 a.m. Thank you. (Adjourned at 3:00 p.m.) - - - 677 COMMITTEE OF THE WHOLE - BILL NO. 990023 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 February 17, 1999, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: COMMITTEE OF THE WHOLE _____________________ Lisa C. Bradley, RPR and Notary Public ____________________ Bernadette Black, RPR and Notary Public.