Discover Works Global 888.557.8650 www.dw-global.com COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON COMMERCE AND ECONOMIC DEVELOPMENT Room 400, City Hall Philadelphia, Pennsylvania Wednesday, February 15, 2012 9:15 a.m. PRESENT: COUNCILMAN W. WILSON GOODE, JR., CHAIR COUNCILWOMAN JANNIE BLACKWELL COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN MARK SQUILLA BILL 120012 - An ordinance amending Chapter 19-2600 of The Philadelphia Code, entitled "Business Income and Receipts Taxes," by revising the "Special Tax Credit Opportunity for Job Creation"... BILL 120013 - An ordinance amending Chapter 17-1600 of The Philadelphia Code, entitled "Economic Opportunity Plans," by enacting a new Section 17-1607, entitled "Economic Opportunity Review Committee"... - - - Discover Works Global 888.557.8650 www.dw-global.com
Good morning. This hearing is called to order. This is a public hearing of the Commerce and Economic Development Committee on Bills No. 120012 and 120013. My name is W. Wilson Goode, Jr., Chair of this Committee. I note we have Councilman Squilla. Welcome to the Committee. He's the new Vice Chair. Councilwoman Blackwell and myself. We will establish a quorum in time of the meeting, but we will take testimony before that. I'll read the title of the bills. The title of Bill No. 120012, amending Chapter 19-2600 of The Philadelphia Code, entitled "Business Income and Receipts Taxes," by revising the "Special Tax Credit Opportunity for Job Creation," under certain terms and conditions. The title of Bill No. 120013, amending Chapter 17-1600 of The Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 Philadelphia Code, entitled "Economic Opportunity Plans," by enacting a new Section 17-1607, entitled "Economic Opportunity Review Committee," all under certain terms and conditions. The first bill that we will consider today is Bill No. 120012, and our first witness is Mr. Afessa from the Revenue Department. Please approach the witness table. (Witness approached witness table.)
Good morning, sir. Please identify yourself and then proceed with your testimony.
Good morning, Councilman Goode and members of the Committee on Commerce and Economic Development. My name is Tilahun Afessa Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 and I am the Director of Policy, Planning and Outreach for the Department of Revenue. I am here today to testify in support of Bill No. 120012. This bill 6 proposes to amend Chapter 19-2600 of The Philadelphia Code, entitled "Business Income and Receipts Taxes," by revising the "Special Tax Credit Opportunity for Job Creation" in calendar years 2012 and 2013. The proposed amendment provides a tax credit in the amount of $5,000 for each new job created in calendar year 2012 or 2013 in connection with any application for Job Creation Tax Credit filed after the effective date that this bill becomes law by the ordinance of the City Council. A Special Tax Credit Opportunity in the amount of $3,000, established by Bill No. 100787, is already available for jobs that would be created in calendar year 2012 or 2013 in connection with applications filed after January 5, 2011. As we testified before this Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 Committee on December of 2010 in support of Bill No. 100787, we still believe that the Job Creation Tax Credit program established in 2002 encourages businesses to expand employment within the City of Philadelphia. The annual amount of credit available under this program is limited to 1 percent of the prior year business privilege tax collection. So far, the total credits that have been awarded each year have been far less than the limit. It is with this understanding that we support the increase in the tax credit from $3,000 to $5,000 for each new job created in 2012 or 2013 in connection with new applications filed after the effective date of the final approval of this bill. We recommend a change to the provision of this bill to make it clear that this bill provides special credit only for applications filed after the approval date of this bill. This change would eliminate the ambiguity by making Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 its intent clear. It makes it clear that those who have already applied to take advantage of the $3,000 Special Tax Credit Opportunity for each new job creation in 2012 and 2013 have to submit another application expressing their intent to create additional new jobs in order to take advantage of the provisions of this bill. We have prepared and would like to submit a draft of the clarifying amendment we would like to see in this bill for your consideration. Thank you again for giving me the opportunity to testify today. I am ready to answer any questions you may have regarding this bill and regarding our recommendation to make a clarifying amendment to this bill.
Thank you for your testimony, Mr. Afessa. I accept the amendment, but one question regarding the amendment. If the bill was not amended, those applicants would still be limited to the maximum amount in the Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 commitment letter; is that correct?
Under the existing law and under the bill as originally drafted, it still reads that the applicants are limited to the maximum amount that's in the commitment letter. So whether we amend the bill or not, the applicants will always be limited to whatever is in the commitment letter.
That may be true, but we want to eliminate the ambiguity by making it clear in the ordinance that --
I have no 17 problem with that. I just wanted to make it clear that this is not really a legal amendment but programmatic amendment.
Thank you. Any questions from members of the Committee? Councilwoman Sanchez. Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013
Thank you. Question: How many folks have applied under the 3,000 and how many more people do you expect if we bump it up to 5,000? How many firms have applied?
Let me give you a general description of how many so far. And in terms of how many under the 3,000, it is the last year, 3,000. So we are preparing a report right now and we don't know exactly the numbers, but starting -- right now there are about 109 businesses applying for that. Out of that, 81 were approved to the end of 2011.
How long does that process take and why were the other people disapproved?
The people disapproved is when they apply, there are criterias. For example, it could be the starting date of employment. So if they apply and the number they applied for, they said we're going to create 50 jobs, Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 but if they have already created the jobs, those are not considered to be new.
That is by ordinance, and we clarified that by regulation. We make it clear in the application process that the jobs have to be created before.
Post. Of course, there is certain criteria. If they create the job within the quarter of the application, that is accepted, but anything before that won't be accepted.
Any other questions for this witness? Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 (No response.)
Thank you, Mr. Afessa. Our next witness is Denise Earley from the Greater Philadelphia Chamber of Commerce. (Witness approached witness table.)
Thank you, Ms. Earley. Please identify yourself for the record and proceed with your testimony.
Good morning, Chairman Goode and members of the Committee on Commerce and Economic Development. For the record, I am Denise Earley, Director of Public Policy for the Greater Philadelphia Chamber of Commerce, and I am here today to testify in favor of Bill 120012, an ordinance amending Chapter 19-2600 of The Philadelphia Code, entitled "Business Income and Receipts Taxes," by revising the "Special Tax Credit Opportunity for Job Creation," Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 under certain terms and conditions. The tax credit was first created back in 2002 granting businesses a tax credit in the amount of $1,000 for creating new jobs or 20 percent more 7 than currently employed over a five-year 8 period. In 2009, that credit was 9 increased to $3,000 per new job created, 10 and this bill, 120012, would expand the 11 tax credit to $5,000 for calendar year 12 2012 and 2013. 13 We believe that the Job 14 Creation Tax Credit program established 15 in 2002 encourages businesses to expand 16 employment within the City of 17 Philadelphia. According to a report 18 prepared by the Revenue Department, from 19 the inception of the Job Creation Tax 20 Credit program through the end of 21 calendar year 2010, 93 businesses have 22 applied to participate and 66 firms were 23 approved. To date, 1,032 jobs have been 24 verified as new job creation, resulting 25 in the issuance of $1,636,000 in tax Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 certificates. It is our hope that these incentives, along with an improved economy, will encourage additional businesses to hire new employees, grow in the City, and take advantage of this tax credit program. I'm also here to testify on the other bill. Should I do that now or wait?
Thank you. I'm also here in support of Bill 120013, an ordinance amending Chapter 17-1600 of The Philadelphia Code, entitled "Economic Opportunity Plans," by enacting a new Section 17-1607, entitled "Economic Opportunity Review Committee," all under certain terms and conditions. The purpose of the Economic Opportunity Review Committee would be to review contracts from all City departments to ensure they are complying with efforts to meet the City's minority Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 participation goals, which is currently percent. The five-member committee 4 would draw its members from labor and 5 business, with the proviso that not more 6 than two can be businessmen. In 7 addition, the committee would meet 8 quarterly in public to hear concerns 9 about the process, something that is not 10 now being done. 11 The Chamber has instituted a 12 number of activities into our offerings 13 which are focused on diversity and 14 inclusion. Our CEO Access Network pairs 15 CEOs from small, minority-owned 16 businesses with CEOs of larger, more 17 established enterprises to share advice 18 and counsel and to develop business 19 opportunities. Our Diversity and 20 Inclusion Network presents an opportunity 21 for corporate diversity officers to meet 22 and discuss issues of common interest 23 with peers from other companies. We are 24 also proud of the diversity of our 25 volunteer leadership, including our Board Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 of Directors and Executive Committee. Upon your request, Councilman, we would be happy to seek an appropriate member of the Chamber to serve on the committee as a representative of the business community. Thank you for this opportunity.
Thank you for your testimony. Are there questions of this witness on either bill? (No response.)
If not, we'll move to Bill 13. Our first witness is Angela Dowd-Burton, the Office of Economic Opportunity. (Witness approached witness table.) Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013
Please state your name for the record and proceed with your testimony.
Angela Dowd-Burton. Good morning, Chairman Goode and members of the Committee on Commerce and Economic Development. My name is Angela Dowd-Burton and I am the Executive Director of the Office of Economic Opportunity. I am here today to provide testimony in support of Bill No. 120013. This bill amends Chapter 17-1600 of The Philadelphia Code by enacting a new Section 17-1607, entitled "Economic Opportunity Review Committee." This Administration is dedicated to maximizing the opportunity for minorities, women, and disabled-owned businesses to contract with the City of Philadelphia. This establishment of an Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 Economic Opportunity Review Committee will be a useful resource for evaluating the implementation, effectiveness, and enforcement of economic opportunity plans. Through the quarterly public meetings, this Economic Opportunity Review Committee will give the public a direct forum in which to provide Council and Mayor Nutter's Administration with feedback concerning the on-the-ground effectiveness of EOPs. Feedback from the business community will provide a better understanding of the marketplace and how we can best position our limited resources to have the greatest return on the City's investments. The Administration believes that in order to turn this economy around, we must facilitate the growth of businesses designed to put people to work. This bill will give us an opportunity to aggressively pursue our mission to foster the growth and Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 sustainability of minority, women, and disabled-owned businesses and to facilitate an increase in the diversity of our local workforce. Thank you for this opportunity to testify on Bill 120013. I will be happy to answer any questions you may have at this time.
Thank you for your testimony. Any questions of this witness? (No response.)
Our next witness is Jihad Ali. (Witness approached witness table.)
Good morning, Mr. Ali. Please state your name for the record and proceed with your testimony.
My name is Jihad Ali. com 2/15/12 - COMMERCE - BILLS 120012 & 120013 I'm the Business Agent for the Contractors Roundtable, an organization composed of African American and Latino contractors, both general and subcontractors, both union and non-union. Mr. Chairman, thank you for giving me the opportunity to appear before this Committee today, and as Councilwoman Blackwell's office said, it's always a pleasure to come to the people's house, and it's especially a pleasure to speak to the people's representatives who are doing their duty. Councilman, sometimes when I come in this office, I feel like I should salute. When I sit in this chair, this chair that really makes people accountable, I really feel like I should salute you. And I don't say that as sometimes you go and people give flowery words to people, but it's an honor to speak to you and this Committee, because you have done your duty throughout last year, 2010, 2009, 2011. com 2/15/12 - COMMERCE - BILLS 120012 & 120013 consistent on this issue of inclusion, and I commend you for that, because when we elect you, you take an oath, you say that oath that I've heard numerous times for the fidelity of your office, you'll carry it out. They never mention the word "duty," but it's implied that there is a duty to be performed. And, Councilman, Councilwoman Blackwell, Councilwoman Sanchez, Councilwoman Reynolds Brown, you are proven leaders. Councilman Squilla, you have to prove yourself, but you're a member of this Committee, and because you're the people's representative, you demand the same respect. I'm here today to provide testimony in support of Bill 120013 by the establishment of the Economic Opportunity Review Committee. We are asked to support an organization -- too often we are asked to support organizations who operate behind a veil of ignorance and secrecy. com 2/15/12 - COMMERCE - BILLS 120012 & 120013 to accept reports and numbers that claim great achievements in diversity. We are often given phantom percentages. We're told that they've achieved this, they've achieved that. Yet, we are not -- we are denied access to the documents. The equal opportunity providers, the consultants who come in, we're told to accept them. We're told to believe in them, even though they operate in the dark. We're told to accept everything that they tell us that they were hired for, and we're being asked to believe them, yet there's no 16 accountability. They operate. We often say in law that no one is above the law, but these providers, they operate with no 19 scrutiny at all. Too often -- the term "city" is used when people talk about inclusion. I want to be brief in my remarks, because there's some representatives from various trades who wanted to give their testimony today. com 2/15/12 - COMMERCE - BILLS 120012 & 120013 But too often we use that term, "the City," and people classify all you elected representatives, department heads, they're classified all together. They don't know that dedicated public servants like you all are here working on our behalf, because what they see out on the streets, they don't see the results. So somewhere between when you're passing legislation and the Administration is carrying out the duties to implement it, somebody is undercutting those efforts, and it's our responsibility to find out and ferret those out who are derelict in their duty. So, Mr. Chairman, I just want to say to you thank you for allowing me to come here today to talk, because this is -- the establishment of this committee is the right thing to do. com 2/15/12 - COMMERCE - BILLS 120012 & 120013 construction industry. This Bill 120013 calling for the establishment of an Economic Opportunity Committee is another corrective action to right that wrong, and I commend you. Thank you, Councilman. Thank you for allowing me to testify today.
Thank you, Mr. Ali. If there's anyone else to testify, please approach the witness table. (Witness approached witness table.)
My name is Joanna Harris. I sit for the Civil Rights Committee for Local 542 in regard to this matter that's very passionate to us as well. Historically our union hall has had issues in the past and been found discriminatory of these acts. So we do support this bill. We have diligently Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 tried and sat down with numerous general contractors, contractors that we sign up with signatory to hire our union workers. For example, we have many people here to testify today in regard to the project that's right on Broad Street, the Temple University dormitories, where currently we have operating engineers who are 10 non-minority. They have not solicited 11 our union hall for workers, who are 12 qualified and do their due diligence to 13 keep our union abreast. 14 This has happened. We sat down 15 yesterday with State Representative 16 Shirley Kitchen. We sat down with LF 17 Driscoll. We have the key players in the game, these major GCs who are not in compliance with what the Mayor has put forth for inclusion by the fights of this Committee and others within the City. This is ongoing, this is real, and we do need this bill to change, as we need additional policing units from the City of Philadelphia to assist in these Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 efforts to have people working. The bottom line is that we need work. What we find is one of the stumbling blocks in this situation is, every project is asking for zip code participation when it's well known that our union members normally don't live in that zip code. So once those numbers -- that's just what we call fluff to fluff over. Those are the diligent efforts by the general contractors who take both public and private-sector money in our city and they receive tax abatements and all kinds of deals and they are not hiring our people. We are union people. When we look at the license tags, those are people that are coming from zip codes that are not within the City. So that component in itself is discriminatory against a union worker, because they're saying we can only hire -- we want to have the minorities from the neighborhood, when they very well know Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 when they go into the neighborhood that the union workers don't typically live in the neighborhood. But that's not the same for the non-minority workers that have come aboard. The Operating Engineers in particular, we have petitioned LF Driscoll, Temple University. Again, they have sat down at the table with us. We just have decided that we will no longer be reactive. We will be proactive in this movement to have our people working on projects such as the Youth Study Center, the El project. When you typically look at those crane operators, those heavy equipment operators, they are not of our color, and we have a problem with that. So I come today in support of that, not only as a minority worker, I am a union cardholder. I am an operating engineer by trade, as well as a minority business that's registered with the City. We just don't have the fair Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 opportunities. We just don't. And we thank you for this legislation that could possibly come forward to help us going forward.
Thank you. Good morning. We thank you for your testimony, and as one who represents more institutions than anybody else on Council and obviously a minority, we know about this battle.
But we thought when we asked for zip codes, that we were helping. We say if you live in 04, then that means Mantua can work for Penn or Drexel.
And I understand that, and the idea is a great idea. However, when you typically look at the geographic numbers, when I look as a Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 compliance officer for our union hall, when we look at the registration of our minority workers, they typically are limited to the number in a particular geographic zip code. So if we say we have it driven by female or minority in, say, 101 -- 19102, there may be only five, but the job may require 50 people to work. So then their comeback is, We pulled a couple out of your geographic area. So sometimes that does limit us to be very limited in our fight with that, because this is a tool that's been used repetitively over as a boundary. When they say, Okay, we've looked to your zip code to get who we can out your zip code, well, I may have somebody that lives in Germantown that's an operating engineer. Our trades are spread out across this city. What needs to happen is, it needs to be for the citywide as opposed to just in one geographic area. That Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 actually is able to capsulize exactly who we have in the multiple trades. What has happened typically is that in a particular area, we normally have -- the labor is union and that's the way they fluff, saying we have had our minority inclusion, but it truly does not capsulize what's there. What's there is we have minority members of different trades that live in different areas. So what has happened traditionally -- and I've looked at it historically over time -- is that the general contractors and the contractors use just the laborers to cover. They're not really capturing the use of the multiple trades such as the carpenters, the operating engineers who may live in other geographic areas, and they're not reaching out to us. So what we get at the union hall is, they said they want a geographic area, nobody was there. Well, nobody is there from -- nobody lives there that are non-white that work in the job sites as well. Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 So that does limit us at times. It needs to be expanded to the Philadelphia geographic area for minorities to work, and I think that would better serve as a tool for them, the multiple trades that we do have in the City that work on these sites.
Well, I still have questions. We created the Lucien E. Blackwell Apprenticeship Program to train people from those zip codes, people who live in those areas, to train them so that the unions can hire them. If we open it citywide or regionally, that's not -- it seems to me that's not going to solve the problem. Maybe we need to work out -- traditionally what has happened, I understand -- and my colleagues can correct me if I'm wrong -- is that if we don't have people in one field, then you expand it by hiring more minorities and women and disabled in another field, but we're supposed to come up with those Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 numbers, and we thought zip code helped. And I appreciate what you're saying, but if you just open this citywide, I think -- I don't see that that's going to improve it. Then we lose altogether. It's kind of -- well, I won't say that. That's on another issue, letting cops come from out of the City. I didn't agree with that either, because I think you lose people here who need to be trained. I'm for our folks working and I'm for Philadelphians working and I'm for minorities who live in the area working. So to expand it that way to citywide is not going to get more minorities working in my area.
And I understand it, but even if in that particular instance or -- you are absolutely right, if we went to the areas that are highly minority populated within the Philadelphia area, it would absolutely help every minority that works within the Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 City, because we do have particular neighborhoods who have a higher number of minorities that live within them. I know that your district seems to comply, but outside of your district, I need to say that there is a problem. And I've worked in the trades for years and I've been 9 in every area inside the City and outside 10 of the City and we are driven to -- at 11 this point we have many minorities who 12 are talking about walking away from union membership, which is not fair, when we walk by or drive by and see all of the skilled trades, except for ours in this particular instance, who are working that are not minority. So if we needed to sit down and come up with some sort of game plan to be able to see the more highly populated minority areas and draw off of those numbers, then I think that would be a start and beginning to actually capsulize those who are taxpayers and those who are working and not working. I am very aware as a trustee of Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 our apprenticeship program of your apprenticeship program. However, I will tell you that we have not been contacted, and we are very willing to hire people who are ready to work. But because of the lack of work, we have not taken anyone into our apprenticeship program because we do not want to hold them on with false hopes, when we know that we as journey people can't get jobs. So I really can't diligently sit across the table from a young person and feed them false hope. And I know it's false hope because I've been out there and I look at the numbers. I don't want to tell you that you've gone through your program or four years of my program and know you're going to eventually be unemployed because people are just not in compliance. So those type of programs such as yours and our own, we really have nowhere for them to work. If we can't get the journey people, we sure can't get the apprentice to work. And this is why programs have Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 tended to fail traditionally over time, is because we -- I just feel as a trustee I'm not going to bring you in when I know that you don't have a job. It's not fair. It's just absolutely not fair.
We understand all that after all these years, but it still seems to me if you live in a neighborhood and you can work there, that's at least one concrete, easy way to start. If you live in 04 and you can work in 04, that gets you a start if we deal with zip codes. And at least that's a concrete way to get started. But I would only ask if maybe you can meet with our Chairman or meet with Angela Dowd-Burton. We've been through this many years, and maybe we can come up with something that everybody thinks improves the situation, or Jihad Ali. He knows his stuff as well. Thank you very much.
I appreciate you. Thank you. Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013
Thank you so much. And I have not been doing this for ten years like our Chairman Goode. It's quite frustrating, and I don't know how he stays on it. I really don't. I tell him this all the time. It's just ridiculous that we continue to have this conversation. In light of the fact that we're putting together this Review Committee, give me one, two, three things that you would say is their first charge for this committee, the establishment of this committee? If you were to say to them focus in one, two, three, what would that be, based on your experience?
My focus would be when you have a minority inclusion on the contract, whether it's private or public sector, that when you look at an Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 inclusion number in regard to people working, that you look at it to go along every skilled trade, not just the laborers, not just the electricians. Because what has happened traditionally over time is they hide behind that inclusion number by only hiring laborers. They're not doing the more skilled trades. So my first instance would be to look at that inclusion number being per trade per contractor on the job, and that way, you can't say, Well, we have 15 people employed and if we have an inclusion number of 35, which in this particular instance at that Temple job it is, they're saying that we have 27 percent minority inclusion per contractor. So when we have the opportunity, which I have done, is to go out and actually count the heads, and when I counted the heads, the people that they are including are the un -- which we would call, not a pun to anyone, the Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 unskilled laborers, not the skilled tradespersons. So when I went out there on Monday and I sat down with Mr. Driscoll and yesterday, we looked at those numbers. Those numbers are always hidden in the labor force. So the skilled trade laborers do not have, such as the operating engineers, the carpenters, and the engineers, the other types of engineers, is to look at that and to actually have each trade be in compliance. And this is where the apprenticeship programs are able to really be lucrative, because that kind of sort of guarantees us work to bring those people in on to be able to zip code generate or however you want to pull them in. So that really captures what is really happening out there. That inclusion number needs to be per contractor, per job site, per trade, and that actually is one of the places where I think that it would best start.
Okay. Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 Anything else that you would say would be a top priority for the committee?
The committee I would say needs to reach out to the middle schools and the high schools and begin to mentor the minorities to come into the job sites and let them know how important it is to be up on their math, their math skills, and the importance of job readiness training, you know, just the whole -- the grooming you in to go into the trades, which we have not traditionally done, is to really reach out to the zip code neighborhoods and begin to prepare the young people, let them know how important it is to be off of drugs because these jobs require that you need to be drug free and you need to be timely. So I think it's important to reach back to the community to begin to groom the young people for the jobs.
Thank you. Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013
Thank you. May I lastly add that you know that in one area if there are not enough minority workers, then we make an agreement with the unions they have to hire more in another field. So per union per job doesn't always work, but we have to get to the minority goal, then they have to deal with other unions so that other people get a chance to work. That's the bottom goal, because our folks are not trained in all areas. You don't have a lot of people who do all things, but they do in order to make the minority number. Traditionally then in another area we add more numbers there. We do what we have to to meet our goal. That's what the unions are supposed to do and the companies or private or institutional entities make a commitment to. Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013
They make the commitment. However, this committee that we're talking about to go along with this bill will police that issue to be sure that any goals that are set forth, and that's why it's important that the committee does come about and that there is a change in this amendment so that we can do exactly what's put into play actually be played. A lot of times we become reactive instead of proactive, and this particular piece here would police the police, so to say. The general contractors -- everybody says yes at the table, but at the end of the day, people are not working, and that's what our total goal is, is to have our minority members of our union hall to work and to have a fair opportunity, especially when there have been inclusionary things put in place, agreements have been made, taxes have been given. And at the end of the day, you drive by a job site and when you see Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 people working in our skilled trade, in our particular trade, and not one from the community, nor have they reached out to the union hall to hire someone, there's a problem. They need to be policed. So we do support this as a local union hall and that we have the support of our members and our committees as well.
I'm glad you 13 get it, we're inviting people to snitch 14 on a quarterly basis. 15 Councilwoman Sanchez. 16
I just 17 wanted to add, I think this is about growing the pie, you know, and if we can get to 25 just doing laborers, then we can get to 50 if we add the other ones. So this is about --
-- spotlighting where we have the discrepancy so we know where we could Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 grow. So I really, again, appreciate your work, and as I said before, this is something that everyone in Council has been extremely committed to. We want Philadelphians to work first and then we definitely want to make sure that everyone is included in this process. So we appreciate, again, your work, and know that the bureaucracy of this sometimes is complicated, but sometimes it is about spotlighting some things.
I too want to go on record to reaffirm how all of us in Council stand firmly with Councilman Goode on this issue, who has really been Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 the leader. And the disappointing thing for me is after years, we are still 4 discovering loopholes in the process, and 5 but for your eyes and ears to either 6 remind us or to guide us where those 7 loopholes are, we won't see them because 8 we're not on the front line like you are. 9
So we 11 really do need your intervention and 12 advocacy from where you sit to be our eyes and ears so that we continue to -- so that we can continue to find the loopholes and then deal with them in a very direct way. Thank you for your important work.
Thank you. And 200, may I add, this bill will help us, what I always speak with Ms. Dowd-Burton is, I call it the in-the-trench work, because it's different at the table than it is in the trenches, and that has always been traditionally the issue with Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 construction in this city. It saddens me, it saddens me after 47 years of living in the City of Philadelphia, born and raised here, come from a union family, to still have this issue in my third generation in unionism fighting for the same thing, to get a daily job just to go to work. We are ready, we are trained, we are willing, and we are able and experienced to have these jobs, and we should have a fair take on them.
Yes. I'd just like to add one thing also, and I know as a new Councilperson coming in here, I want to commend Councilman Goode, because we've actually been told and reiterated by Council President Clarke of how the EOP program is going to work and anything that we do here in Council. My district, the 1st District, is a very populated district as far as development, and all plans that we go and all Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 developers that we talk to, we make sure that we include the EOP program into that. So I think just to say that we have a great leadership here and people who really look out for you and the minority worker here in the City of Philadelphia, and they're making sure all the Councilpeople know how much that means to not only to you, the people, but also to Council, and I think Council as a whole is going to work together to make that happen.
Thank you, Councilman. Any other questions for this witness? (No response.)
I believe people are here to testify from other trades. Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013
Good morning, Councilman Goode, Councilmembers. My name is Rob Roy Wheeler. I'm a member of Ironworkers Local 401. I'm here to speak to Council about my experiences in the building trades. I'm a member of Ironworkers Local 401. My experience as a minority ironworker in the City of Philadelphia has been very troublesome. I hear about the minority inclusion and diversity that's supposed to take place on these sit-on federal projects, but job after job, minority men and women are not included on these job sites as written in the minority inclusion contract with respect to federal and City construction Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 jobs. The contractors are aware of the minority inclusion at the time of the signing of the contracts. Once the job is manned, the representation of minorities with respect to the contract is not met. To my experience, the contractors come up with every excuse of why that goal is not met with respect to minority contractors, as the majority of contractors are awarded to white female companies. The minority inclusion site cannot be met by looking at this whole job site. Each trade has to be forced to meet the minority inclusion goal for the prospective trades. As things stand right now, the right place -- the right to make a living has been denied for minority contractors and workers. It has been a disgrace and is very hard to continue on like this without the help of Council. It also has been my experience Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 with respect to Broad and Oxford, Temple job site, I have went out there and lobbied for minorities to be on the job. Successfully I got six minority on the J&L Erectors Company job. After doing that, I myself was laid off for my efforts, for going outside the local and making it very public. Something has to be done today, not tomorrow.
Please state your name for the record and proceed with your testimony.
My name is John Graves. I'm a member of Local 542. I'm a resident of the City of Philadelphia. In Philadelphia I can take my kids to -- my kids go to public school. I can go to church in the City of Philadelphia. I can volunteer in the City of Philadelphia, but unfortunately I'm unable to work in the City of Philadelphia. One of the Councilpeople asked for three specific goals that they should Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 target with regards to going forth with a new task force. One of the goals is that I believe that contractors need to have a written plan of minority goals for the entire job, and in that plan there needs to be punitive damages if the goal is not reached quarterly. It would be kind of hard to do it weekly, but I think that we need -- if the job is a year, we need to every quarter review the goals, and if they have not met the goals, then there needs to be some kind of punitive damage, because obviously legislation doesn't work. If you take money out of their pockets, then they will get the message. Secondly, as Ms. Joanna Harris has said, I think that the trade unions need to include an inclusive number of all trades, not just laborers, not just cement finishers, but operating engineers, carpenters, ironworkers and so forth, electricians, the skilled trades, the trades where you make more than $40 an hour. These numbers need to be Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 inclusive of all trades. And then, finally, with regards to goals, I think there needs to be monitoring, monitoring, monitoring, and monitoring. We've got to look at what's going on. We cannot allow another Temple University. One of the Councilpeople asked about minority members in specific zip codes. I live in 19124. There are -- if you go down to the job down at Temple University, you'll see ten-page papers -- ten-page stacked papers of people who live in the neighborhood who are denied opportunity on that job. I believe that there's enough of qualified and competent tradesmen in the City of Philadelphia in every zip code, and I think that if we enforce this, that our tax base ultimately will grow. But I think we're doing a disservice by not enforcing these laws with punitive damages, with inclusion of everybody, and with monitoring. We're Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 destroying our tax base, and ultimately that's what the bottom line is, is our taxes. When we go -- when I pay my water bill, my water bill is going up. When I pay my gas bill, my gas bill is going up. When I get a license to get married, that's going up, because our tax base is not there. And I think that if we were to include everybody in these numbers here and the specific areas that we're working on, especially the area where Temple is down there, there's more than enough qualified and competent crane operators to run, black and Hispanic and women, that can run the tower crane in that area. And I think that just as a sidebar note, I believe that the unions have done a dissatisfaction by telling contractors, Well, there's no people in the area that can run the cranes, when in actuality there's many people in that area. All you got to do is just go through your list and look. Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 And I believe that if City Council would do what I recommend as the three-point step, I believe that we would see a definite turnaround in our tax base and we wouldn't have the problem that we're having right now.
Thank you for your testimony. That's what this bill hopes to accomplish. Are there any questions for these two witnesses? (No response.)
We're going to take all the testimony of those people who want to testify, but there are members of the Committee who have to leave, so we're going to move from our public hearing into a public meeting to vote out the bills first and then we will take testimony and we'll move back into the meeting. So we will move from our public hearing into a public meeting. The Chair recognizes Councilwoman Reynolds Brown Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 for a motion on the amendment to Bill No. 3 120012.
Thank you, Mr. Chairman. I move that Bill No. 6 120012 be amended. (Duly seconded.)
The bill is amended. The Chair recognizes Councilwoman Reynolds Brown for a motion on Bill No. 120012 as amended.
Mr. Chairman, I move that Bill No. 21 120012, as amended, be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended so as to permit first reading at our next scheduled Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 session. (Duly seconded.)
Bill No. 11 120012, as amended, is reported out of this Committee with a favorable recommendation and suspension of the rules to allow first reading at our next Council session. The Chair recognizes Councilwoman Reynolds Brown again for a motion on Bill No. 120013.
Mr. Chairman, I move that Bill No. 120013 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended so as to permit first reading at our next scheduled session. Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 (Duly seconded.)
Bill No. 10 120013 is reported out of this Committee with a favorable recommendation and suspension of the rules to allow first reading at our next Council session. We will move back into our public hearing. Is there anyone else to testify? If so, please come forward. (Witnesses approached witness table.)
Thank you. Good morning. Please state your name for the record and proceed with your testimony.
My name is Margarita Padin and I'm a carpenter out Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 of Local 8. I'm also here to ask Council to make sure that when you're trying to enforce the minority goals so that African Americans, Latinos, and women aren't excluded from the skilled trades in the City projects, that you have enforcement, like bans against the contractors that violate, because otherwise none of this is worth anything. If you don't ban the contractors, they're not going to comply. They don't care. And if you come up with a total number for the whole project, it makes no 15 difference either. Like Joanna said already, you can have all laborers, security guards and then we're not represented in the skilled trades. So like the federal government does, the Department of Labor, they count total number of hours worked per trade and per demographic, so that some demographics aren't excluded. So there's a percentage number for African Americans, another percentage number for Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 Latinos and another percentage number for females. We're not taking each other's spots, because there's supposed to be a percentage for all of us. And on some of these projects, they just say we want 35 percent minorities on the whole project. So you could have one demographic in one trade and then they say they comply. But they don't. The only thing that's going to make them comply -- they don't believe in any of this or it wouldn't be happening. They don't believe in inclusion -- is to ban from future projects. That's the only thing that would make them comply. Otherwise all of these efforts are meaningless. Another thing that's very important for Council to show us that you're serious about this effort is, in this Committee that you're talking about now and the one that already exists, Mayor's Commission on Inclusion on Diversity, that minorities and female Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 skilled trades workers are included on your committee to represent themselves on the issues that affect us. Not our officers and officials, but members of the African American, Latino, and female skilled force in the City of Philadelphia, because if we're investigating a problem that affects us, with none of us in the commission, it's laughable. We know our issues. We want to represent ourselves. We should have a few members on that committee that already exist that's investigating this issue. And, third, specifically --
Excuse me. I'm going to stop you right there. I understand what you said. I actually don't agree with it. You cannot vote on a matter where you have your own self-interest. And in our line of work, if we are at a Council meeting and an issue comes up that directly affects us, we have to recuse ourselves. Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013
Okay, sir. The reason why I disagree with you is because if you look through the committee and there are contractors --
There are contractors, there are union officials, there are City officials, and all of these people have self-interest, all of them.
You are saying that a problem that affects us, we can't be on the committee that affects us?
What I'm saying to you is two things. One, there's no one appointed to the committee yet. Actually, the only member of the committee is a certifying agency. Two Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 other members of the committee will be appointed from the business community, two other members will be appointed from the labor community. Those people who are appointed cannot have any self-interest.
I'm not only referring to this, I'm talking about the Mayor's Commission --
Well, I think that there should be people included from the skilled workforce to represent ourselves on all these committees, because we know our issues. It's sort of like having a committee for lawyers where there are no 19 lawyers or teachers where there are no 20 teachers. These are our issues. They affect us. We need to be there. It's laughable unless you do that.
The purpose for the bill is actually for you to do what you're doing today, which is to Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 present testimony so that the committee members, which have yet to be appointed, can then make recommendations to Council on whether contractors should be penalized or debarred. The process as outlined actually works.
Okay. I think that on all of these committees, the business community is represented, the contractor --
We're not talking about any other committee. We're only talking about this committee that has yet to be appointed.
I'm not taking any credit or any blame for any other committee that someone else appointed.
I just think that all parties always have self-interest and we should be able to represent ourselves. But concretely my third issue is Temple University and skilled trades Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 members, including people that are sitting here that live in North Philly, have union cards and are African American, Latino, and female. And we go every single day to sign up, and when we sit at the table with Driscoll and Temple yesterday, they in front of us say, Well, we can't hire people because you don't exist. And it's a back and forth game between the union contractors and the union. Meanwhile we're signing up every day with union cards, we live in the neighborhood. I will bring you, if you want to see them -- I mean, some of us are here, and what do we have to do? What else do we have to do? We're there every day. We live in the zip code. We have union cards. We're from the demographics of the neighborhood and we're being excluded, and they get away with sitting there and saying, No, you don't exist. You don't exist. And we're here. So how can that be addressed?
That's the Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 purpose for the bill, to create a quarterly forum where the committee has to take public testimony to make recommendations to Council so that we can go after contractors for penalties or debarment.
Would you please approach the witness table again. (Witness re-approached witness table.)
Good morning. Can you give us the exact location of this Temple project, please?
Broad and Oxford Street in North Philadelphia, Temple University. It's -- Temple University has $400 million worth of current Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 projects. This is one of them. It's huge. It's dormitories. What they keep coming up with is that they didn't have any federal money, Temple claims. So what I'm telling them is that it's irrelevant, because in this country, Title VII of the Civil Rights Act of 1964 says that it is illegal to bar people from the labor force for their gender, race, national origin, et cetera, as we're there soliciting work every day. It doesn't matter where the money comes from. And, furthermore, there are subcontractors on that project that receive federal money, more than $10,000 worth, on other projects in the City, and the federal government doesn't care if on that project they don't receive a penny, but if they do somewhere else, they're not allowed to discriminate anywhere.
And they're actively discriminating in the City of Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 Philadelphia and nobody is stopping them.
Okay. Well, as Chairman Goode indicated, this is another tooth that we're trying to put in this entire matter that we've been debating and trying to handle and tackle for me for at least the last years. 9 But that's what I needed to know, the 10 location. And it's Driscoll? 11
It's Driscoll. 12 They pass the buck to the sub. The sub says it's not in our contract. It's irrelevant because contract doesn't supersede federal law, and federal law says that it is illegal to bar people from the labor force because of gender, race, and national origin. I'm not even talking about affirmative action where you have to snatch people out of somewhere. We're actively soliciting. We're being excluded. As the workforce increases from zero to wherever it's going, our groups aren't there. We don't transcend our groups. We don't have met Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 the physical powers. If our groups are not there, we're not going to be there. We exist. We're soliciting work every day. We have union cards, and we live in the neighborhood.
We're here right now, and we have more people if you need us, our list.
My name is Robert J. Lee. I've been an ironworker for 22 years. 23 I like the bill and the ideas 24 that are being put forth here. com 2/15/12 - COMMERCE - BILLS 120012 & 120013 Blackwell, she made the statement about the -- as far as the apprenticeship programs that they started in the neighborhood and things like that and having the trades included and things like that. My problem is in the years 8 that I've been in this business, I've 9 done every part, every phase of it. I 10 can run and do all of the requisite 11 skills that are necessary to be not just 12 an effective member or person on the job 13 site, but to actually have control and 14 run a job site. I've seen that -- 15 because I'm a second-generation 16 ironworker and my father was actually one 17 of the individuals who was included into 18 this business because of affirmative 19 action in the late '60s, that I have a 20 slightly different coming up than a lot 21 of other guys. I was able to learn 22 things that a lot of other blacks and 23 Latinos, they were not privy to. I was 24 able to be taught those things while I was an apprentice. com 2/15/12 - COMMERCE - BILLS 120012 & 120013 boy. I wasn't on fire watch or doing menial tasks. I was actually involved in it. So when I get to the state here and I go to these job sites and my level of qualification is where it's at and I see guys, Caucasian men -- and I don't want to make this sound like a racial issue -- but five and six years in this trade and they're my foreman, there's a problem. These companies are not looking for -- they found every way that they can to circumvent all the rules that have been put down. They did it at the Convention Center with Falcon. They came up with the idea of Hallmark. Any man on that job would have told you that he was working for Falcon, but they used the wife of the owner and circumvented the rules that were there. What loopholes now present themselves? What I want to see is all loopholes taken out. com 2/15/12 - COMMERCE - BILLS 120012 & 120013 punitive damages being put forward on these contractors, because something at some point in time, the only thing they're going to respond to is money being taken out of their pocket. It is the only effective way to stop them from doing this. We have to sit down and, like we said, we have guys that are -- I'm one of them -- who has considered leaving this trade. And we don't have the opportunity -- and what makes me upset about it is, we don't have an opportunity to build generational wealth. By putting our people to work, we have an opportunity to build generational wealth. I should be able to bring my sons. I have two sons. If my sons choose not to go to college, they should be able to come into this trade that I make over $70 an hour in if I'm working. They should be able to come into it and be able to take care of their families. But we've been phased out, frozen out in every way they can. com 2/15/12 - COMMERCE - BILLS 120012 & 120013 We have a contractor, Broad Street, I came to that job when that job initially started. I was told by my union hall that that job had a 30 percent inclusion clause in it. The day that they were supposed to originally put the crane together, I was there. I went up to the foreman on the job, I had a conversation with him and was basically blown off. This is a guy that I've been in longer than, had more experience than. Was blown off. And come back to the job and I see nine Caucasian men, several of them who were not even members of our particular local, they were from over in Jersey. They were here on the job site. They had no intention -- if Jeff Wheeler had not gone and made the ruckus that that he did, they had no intention. If we'd have been quiet about it, they'd have done what they wanted to do. We have to find some -- I want to make sure that there's no loopholes. com 2/15/12 - COMMERCE - BILLS 120012 & 120013 potential bills that come up.
I mean, I don't see where -- I don't see it right there is there a loophole, but they'll find one, and when they find it, I want to know how quickly will we take action to eliminate it.
Let me tell you why there's no loopholes. We are creating an agency of Council. That's what the committee will be. We are not bound by the committee's recommendations. If someone brings public testimony that's on the record and Council decides to take action, then Council can take action. So as long as the committee is utilized, as long as you snitch on a quarterly basis and give us the information, we can take action. Beyond that, the way the process works now is Council takes action and that recommendation goes to the Finance Director, but under the Home Rule Charter, as the voters approved a couple years ago, we can actually eventually Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 establish Council as a debarment agency. So the way it works now, Council can, through this mechanism, take testimony, take the committee's recommendation, not take the committee's recommendation and take action. And the Finance Director will have his say. If we don't like the way the Finance Director is handling penalties and debarment, then we will take that authority ourselves.
Thank you. I want to thank the Chairman and say how proud I am to serve on his committee. I'm not new obviously to Council, but I'm new to this committee. I'm proud of his commitment and his insight in this area. We are here because we know of the issues you talk about. The President of this Committee, Councilman Goode, just Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 didn't think of this as an exercise. We understand what you're going through. Lucien Blackwell was a former Congressman, but he started shoveling iron on the Philadelphia waterfront. He was a longshoreman. So many of us understand and know whereof you speak. We know that it starts out one way and although the numbers say something, that there's a glitch in there, because the people aren't working. We understand that. So we're on your side. That's why we're here, and that is why this approach to try to deal with it to have these quarterly meetings is so important, because it gives us some specific and concrete way to try to stop it. So we're all on the same side. We just have to find a way to make the numbers real. We know numbers are real and they'll say that these people are working and they're not. We understand that, but I am hopeful that this new Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 committee will make a big difference in helping us to make the numbers be true to what they say they are. And we thank you for your testimony.
Thank you. Anyone else to testify? Please approach the witness table. (Witnesses approached witness table.)
Good morning. Please state your name for the record and proceed with your testimony.
Paul Williams. I am currently a member of Local 542. I'm a crane operator. I've been a crane operator for 12 years. I have solicited the work at the Temple University site last year. The job site went to a halt. When it started back up, I solicited six months ago. I solicited two months ago. I also solicited with Driscoll and AmQuip two weeks ago, and I'm still not working. That job site went from zero operators to 16 non-minority operators. Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 I currently live in the zip code. I'm more specifically a tower crane operator. I solicited work for the tower crane that's there. There are two operators there. Both of those operators don't live in the zip code and they're also non-minorities. And I've seen this happen at job sites all over the City. Just about every job site you look at for operating engineers, we're not included. For crane operators, we're not included. We're told that the contractor didn't call the union hall for the work, which is possibly true, but someone needs to be held accountable for them not hiring minorities that live in the zip code, like myself.
Thank you for your testimony. And we're going to need this type of information consistently, and that's the purpose for this bill. But thank you again.
Please state Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 your name for the record and proceed with your testimony.
My name is Stephan Lumpkin. I'm the brother of Kevin Lumpkin. I'm an ironworker. I've been an ironworker for 31 years, and I also tried to go down on the Temple project and get a job. And I just can't understand -- what I have trouble with is, after all the construction, if you look at downtown Center City and you see the skyscrapers that are down in Center City, I have worked on most of them, except for two, and including in the Philly stadium. So I've been around for a long time. I worked -- some of the guys I work with, I worked with their grandfathers when I was an apprentice. And what I can't understand is the same things that my father talked about as far as employment and opportunities are the same things that we're still talking about, and I just don't understand how can this keep going on year after year, Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 after Administration after Administration. Somebody has to see that something is wrong. And the thing that bothers me is that we're looked at, as minorities and women, we're looked at as being something that is beneath like subhuman or something. We're not qualified or we're not good enough to participate in what we call this American dream. And I just want to emphasize that we have bills, we have mortgages, we have children we want to send to college. We have dreams and aspirations that we want to achieve too and be a part of this American dream, but it just seems like we're not good enough because of our color or whatever it is, that we're shut out, and something somewhere along the line, somebody who has the power to change it is not doing their job, and that's the thing that bothers me so much. I want my children to know that when they grow up in this world, that they have a chance, they have a chance to Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 aspire to whatever they want to do by looking at my example, by me putting the example of saying like I had a chance to do that and pass it on to them. But it just seems like when you reach a certain height, you're stopped because of your color or whatever, and that has to change. We're supposed to be the light of the world. We're supposed to show the world this country and the diversity of this country, which is supposed to be good, but it's not. It seems like it's a handicap. And that mindset has to change. That's my testimony.
Thank you. Anyone else to testify? Please approach the witness table. (Witness approached witness table.) Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013
Good morning. My name is Steve Alexander. I'm a member of Local 401, also the ironworkers. I'm also on the Executive Board of our local. I was the first African American to get elected to the Executive Board. And I find that the young lady that preceded us, she hit the nail pretty much on the head really good, because I think also that all the trades have to be individual in the inclusion process. Also, it's like the gentleman that spoke previous to me, I also -- when I sit in my meetings in the Executive Board, I blast them about inclusion. The Temple job, I blasted them. Now, I'm the only officer of the local that's not working because I do that. But I'll eat that, because right is right and wrong is wrong. And I tell them to their face that they're wrong, and I guess my punishment now is like I haven't worked in months. But I'm a survivor. I'm going to be all right, and I'm never Discover Works Global 888.557.8650 www.dw-global.com 2/15/12 - COMMERCE - BILLS 120012 & 120013 going to roll over, I'm never going to kiss their butts. It's never going to happen. So that's my testimony.
Seeing none, this concludes our public hearing and our public meeting. I thank you again for coming out, and we're going to do this on a quarterly basis as we move forward with this legislation. Thank you. com CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on February 15, 2012, and that this is a true and correct transcript of same. -------------------- MICHELE L. com 4:1 5:1 6:1 7:1 8:1 9:1 10:1 11:1 12:1 13:1 14:1 15:1 16:1 17:1 18:1 19:1 20:1 21:1 22:1 23:1 24:1 25:1 26:1 27:1 28:1 29:1 30:1 31:1 32:1 33:1 34:1 35:1 36:1 37:1 38:1 39:1 40:1 41:1 42:1 43:1 44:1 45:1 46:1 47:1 48:1 49:1 50:1 51:1,20 52:1 53:1 54:1 55:1 56:1 57:1 58:1 59:1 60:1 61:1 62:1 63:1 64:1 65:1 66:1 67:1 68:1 69:1 70:1,2 71:1 72:1 73:1 74:1 75:1 76:1,12 77:1 78:1 79:1 black 50:16 blacks 66:22 Blackwell 1:11 2:12 19:10 26:8,9,17 29:9 29:11 33:7 38:3,4 66:2 71:15,16 72:4 77:19 79:8 Blackwell's 18:10 blame 60:18 blast 78:16 blasted 78:17 blocks 24:5 BLONDELL 1:12 blown 69:11,13 Board 13:25 78:5,7,16 born 43:4 bothers 76:5,22 bottom 24:3 38:15 50:3 bound 70:12 boundary 27:16 boy 67:2 brief 20:22 bring 33:4 36:16 61:14 68:17 brings 70:13 Broad 23:7 47:2 62:22 69:2 brother 75:5 Brown 1:12 19:12 41:18,19 41:22 42:10 51:25 52:4,17 52:19 53:17,19 62:10,13,14,19 63:23 64:3 65:7,11,13 buck 64:12 build 68:14,16 building 45:14 bump 8:6 bureaucracy 41:10 business 1:16 2:19 4:7 5:10 10:23 13:5,18 14:7 16:14 18:2 25:24 59:3 60:9 66:8 66:18 businesses 5:6 8:14 11:4,15 11:21 12:5 13:16 15:24 16:22 17:3 businessmen 13:6 butts 79:3 C calendar 4:10 4:13,22 11:11 11:21 call 24:10 35:25 42:22 74:14 76:10 called 2:3 calling 22:3 capsulize 28:2,9 31:23 captures 36:19 capturing 28:16 cardholder 25:22 cards 61:4,13,19 65:5 care 55:12 63:19 68:23 carpenter 54:25 carpenters 28:18 36:10 48:22 carry 19:7 carrying 21:12 Caucasian 67:8 69:14 cement 48:21 Center 25:15 67:17 75:12,13 CEO 13:14 CEOs 13:15,16 certain 2:22 3:6 9:18 11:2 12:20 77:6 CERTIFICA...
com person 32:13 66:12 petitioned 25:8 phantom 20:4 phase 66:9 phased 68:24 Philadelphia 1:2 1:7,15,18 2:19 3:2 4:7 5:7 10:6,19,22 11:17 12:16 15:18,25 23:25 29:4 30:24 43:4 44:9 45:17 47:16,17 47:20,21,23 49:19 57:8 62:23 64:2 72:6 Philadelphians 30:14 41:6 Philly 61:3 75:16 physical 65:2 pie 40:18 piece 39:13 place 39:22 45:20 46:20 places 36:23 plan 31:19 48:5 48:6 Planning 4:2 plans 1:19 3:3 12:17 16:6 43:25 play 39:10 played 39:11 players 23:17 please 3:11,16 3:20 10:11 15:5 17:22 22:12 45:2 47:11 54:17,21 62:16,21 65:18 73:7,12 74:25 77:22 pleasure 18:11 18:13 pocket 68:6 pockets 48:16 point 31:11 68:4 police 39:5,13 39:14 policed 40:7 policing 23:24 Policy 4:2 10:18 populated 30:23 31:20 43:24 position 16:16 possibly 26:4 74:15 Post 9:16,17 potential 70:2 power 76:20 powers 65:2 preceded 78:8 prepare 37:16 prepared 6:10 11:18 preparing 8:12 present 1:10 60:2 67:23 presents 13:20 President 43:20 71:24 pretty 78:9 previous 78:14 prior 5:10 priority 37:3 private 34:24 38:24 private-sector 24:13 privilege 5:10 privy 66:23 proactive 25:12 39:12 problem 7:17 25:18 29:17 31:7 40:6 51:6 57:9 58:19 66:7 67:12 procedural 7:21 proceed 3:17,21 10:12 15:6 17:23 47:12 54:22 73:13 75:2 proceedings 80:4 process 8:18 9:14 13:9 41:8 42:4 60:6 70:20 78:12 program 5:5,9 11:14,20 12:7 29:12 32:2,3,8 32:17,18 43:21 44:3 programmatic 7:19 programs 32:21 32:25 36:14 66:4 project 23:6 24:6 25:15 55:14 56:7 62:21 63:16,20 75:9 projects 25:14 45:21 55:7 56:6,15 63:2 63:18 proposed 4:11 proposes 4:6 prospective 46:18 proud 13:24 71:18,21 prove 19:13 proven 19:12 provide 15:15 16:10,14 19:18 providers 20:9 20:18 provides 4:11 5:22 provision 5:21 provisions 6:9 proviso 13:5 public 2:4 10:18 13:8 16:7,9 21:6 24:13 34:24 47:9,18 51:19,19,23,24 54:15 62:4 70:13 79:14,15 80:16 pull 36:18 pulled 27:11 pun 35:25 punishment 78:23 punitive 48:7,13 49:24 68:2 purpose 12:21 59:23 62:2 74:22 pursue 16:24 21:22 put 16:22 23:19 39:10,22 64:5 65:24 67:16 68:2 69:7 putting 34:15 68:15 77:3 Q qualification 67:7 qualified 23:12 49:18 50:15 76:9 quarter 9:19 48:11 quarterly 13:8 16:7 40:14 48:8 62:3 70:18 72:17 79:17 question 6:22 7:4 8:4 34:3 62:11 questions 6:16 7:23 9:25 14:11 17:8,12 29:10 44:19 51:11 quickly 70:6 quiet 69:21 QUINONES-... 1:12 quite 34:9 quorum 2:13 R race 63:11 64:18 racial 67:9 raised 43:5 reach 37:5,14,21 77:6 reached 40:4 48:8 reaching 28:20 reactive 25:12 39:12 read 2:15 readiness 37:11 reading 52:25 53:14,24 54:13 reads 7:7 ready 6:16 32:6 43:9 reaffirm 41:23 real 23:22 72:22 72:22 really 7:18 18:18,19 28:16 32:12,22 34:10 36:15,19,20 37:14 41:2,25 42:11 44:7 78:10 reason 58:3 Receipts 1:16 2:20 4:8 10:23 receive 24:14 63:17,20 recognizes 51:25 52:16 53:16 recommend 5:20 51:3 recommendat... 6:18 52:22 53:13,22 54:11 70:22 71:6,7 recommendat...